China Passes Internet Copyright Legislation 215
Turtlewind writes "According to the Peoples' Daily Online, the Chinese government has passed new legislation regarding copyright on the internet. As well as increasing the penalties for online infringement and forcing ISPs to remove illegal content if given written notice, the law also bans "the production, import and supply of devices capable of evading or breaching technical measures of copyright protection". While everyone wants to see China improving its enforcement of IP rights, is this a step too far?"
Everyone? (Score:5, Funny)
Re:Everyone? (Score:5, Insightful)
Agreed. The poster assumes an awful lot in his blurb. No, we weren't all hanging around on the edge of our seats until China implemented stronger IP laws. In fact, I don't think anything has been further from my mind.
It has always been a good thing that poor and industrialising haven't assumed the same set of IP laws as, for example, the US. All countries doing things the same way creates an implicit assumption that that way is somehow superior. But that is not the case. China has a duty to its own citizens and not to foreign corporations. (Indeed, I don't think anyone has a duty to foreign corporations.)
This is just the first step in a Chinese implementation of the DMCA; and for all that the US isn't a very free place to live, I wouldn't like to see how transgressors are dealt with in China.
Banning devices (Score:5, Interesting)
This would open the door to all sorts of draconian enforcements of the law. This would fit the stereotype of a bureaucrat's paradise. I bet other countries are taking notes.
Not just computers... (Score:2)
Re:Banning devices (Score:2, Insightful)
Re:Banning devices (Score:3, Informative)
Not just computers:
Video cameras, still cameras (including cellular phones), tape recorders, photocopiers, fax machines, scanners...
pretty much anything with an "analog capture mode" is capable of evading or breaching technical measures of copyright protection...
Re:Everyone? (Score:1)
All generalities are false, including this one.
Re:Everyone? (Score:5, Interesting)
No doubt many (me included) see the passed law only as a step needed to please World Trade Organization.
Insightful, not funny (Score:5, Insightful)
-A twenty year copyright term provides enough incentive for the creation of works and the advancement of science and the useful arts
-Recent technology has made it quite easy for an author to recoup a hefty reward for a popular piece of writing/art over the course of twenty years.
It seems absurd to me that as the world gets more interconnected, making it easier for an author to find and sell to hisher market in a short time period, copyright terms are being extended
Re:Insightful, not funny (Score:2)
Re:Insightful, not funny (Score:2)
Re:Everyone? (Score:2, Insightful)
Re:Everyone? (Score:3, Interesting)
Re:Everyone? (Score:2)
Interesting. (Score:5, Informative)
It appears that China's elite is in a similar position to start benefitting more from the artificial market created by these laws.
On a slightly different note, it appears that Chinese journalists are more educated about internet copyright infringements than their western counterparts: Pity western journalists can't learn that. Every report on p2p I've ever read talks about "illegally downloading music" or "used for illegal software downloads" with no mention of copylefted / public domain / other non-infringing uses.
Re:Interesting. (Score:1, Insightful)
This isn't some emerging trend, or some candle to hold up so that Western states can rise to it. At least here, when our IP rights are corroded, or IP gets overbearing, we have recourse.
Re:Interesting. (Score:3, Insightful)
You do? Excellent - please go ahead and seek recourse, as your country and corporations are both lobbying and inspiring mine to their own excesses.
I think you're recourse has run its course. (Score:3, Insightful)
You still have the recourse of finding new legislators to start repealing these bogus "intellectual property" laws. Good luck with that. The trend in 80% of (democratic) governments is to extend the scope and length of copyright coverage even more, and to have these extensions enforcea
Re:Interesting. (Score:2, Troll)
Re:Interesting. (Score:2)
Re:Interesting. (Score:2)
Humor me, please. What so-called recourse might you take?
You can speak out? You can point a finger? Wait, I got it! You can run apachectl start, and post a blog for the world to see! But wait one second... who are you? If CNN doesn't make a claim of your credentials, noone cares what you have to say. Oh, but there's m
Re:Interesting. (Score:1)
I've always assumed that was because legal uses comprised a trivial fraction of cases, at least with respect to music and movies.
Re:Interesting. (Score:2)
"Fair use" is not a trivial fraction, especially recording a TV show to watch later which is something millions of mostly-law-abiding people do on a routine basis, and have done for roughly two decades, entirely within the law. This new legislation could easily render something as simple as a VCR illegal in China. As always, it's just another case of government -- ANY gov't --
Re:Interesting. (Score:2, Insightful)
Pity western journalists can't learn that.
The same corporations that own the mainstream music and movie industries also own the newspapers. Killing P2P isn't about keeping you from downloading Britney. It's about keeping you from hearing the major labels' competitors, the indie and local bands that would dearly love you to hear their stuff. They know full well that the studies have shown that the more a person uses P2P the more music they buy. The trouble
Re: Interesting. (Score:2)
They don't need to mention it. If material is public domain, or you have the copyright holder's permission (e.g. under a suitable licence), then that's legally downloading music. So if you're talking about 'illegally downloading music', you're automatically excluding that.
But yes, I agree with the general point
Re:Interesting. (Score:2)
Re:Interesting. (Score:2)
Re:Interesting. (Score:2)
Ah, see, that's the problem. It shouldn't be considered "an effect," since it's not property (regardless of whether it's called by the fictional term "Intellectual Property"). It shouldn't be considered a "paper" either, since it's a public document (as opposed to a private one).
Really, a patent represents a grant of privilage from the government to and indvidual, as reward for documenting an invention (as opposed to keeping the mechanism secret)
Re:Interesting. (Score:2)
Re:Interesting. (Score:2)
Re:Interesting. (Score:2)
"Every report on p2p I've ever read talks about "illegally downloading music" or "used for illegal software downloads" with no mention of copylefted / public domain / other non-infringing uses."
Every report on P2P that you've ever read? That's really quite odd; I just spent about 20 seconds entering "P2P" into the search box at wired.com and couldn't come up with any articles that even came close to implying that all music/software downloads are illegal. Frankly, I don't believe you, and I think that
Misparse (Score:1)
Artificiality (Score:2)
Less so. A car can only have one driver (meaningfully) at any one time, for example. Physical items are limited.
I'm not saying that there isn't an excuse for such an incentive, insofar as it is one [slashdot.org], but we should be aware of the degree of naturalness of our laws, if we are interested in freedom, which in practice means that regulation should work with the grain of things.
If by everyone, you mean some. (Score:5, Insightful)
While everyone wants to see China improving its enforcement of IP rights, is this a step too far?
If by everyone, you mean some, then you are right. You clearly do not speak for everyone or for me. There is great value in having diversity in laws in different areas of the world, it is sad to see freedoms lost, and it is obvious to me that China will borrow our worst policies, including DCMA-style anti-circumvention nonsense.
Re:If by everyone, you mean some. (Score:1)
If you think that's the worst thing going on in China, then you've got your head up your arse. I wouldn't consider it 'freedom lost' since that would imply there was a freedom to lose. China is just coming to grips with notions of Property (the 'P' in 'IP'.)
They are Communist, remember?
Re:If by everyone, you mean some. (Score:5, Insightful)
No, not really. Do you honestly think that the branches of McDonalds in Beijing are owned by the workers? Your naivete is touching.
Re:That's not communism, THIS is communism: (Score:2)
Re:If by everyone, you mean some. (Score:2)
First, not all branches of communism are Marxist. Thus, not all commies consider dictatorship of the proletariat necessary or even possible.
Second, dictatorship of the proletariat as defined in theoretical works was never implemented either. The closest we ever came to that were the workers' councils operating in early post-revolution years in Soviet Russia, but the Party took over soon enough. It was declared that proletariat speaks through the Party, but, with all inside democratic procedur
MOD UP! (Score:2)
I was actually planning a comment along these lines in my head when I clicked on the story.
Re:If by everyone, you mean some. (Score:5, Insightful)
Anything that signals that China is becoming more willing to play the same game as the West is a welcome relief for me. Free trade must be reciprocal. That is, unless we wisen up and fully appreciate who it is we've been dumping dollars into all these years, to the detriment of our local manufacturing sectors.
It is not free trade. (Score:2)
Free trade must be reciprocal.
Copyright is not about free trade, but about granting of monopoly. Anti-circumvention legislation is even less about free trade but about further restricting what consumers are permitted to do with their already restricted copyrights.
You may argue about whether it is good or bad, but free trade it will never be. However much Americans may like to claim the west is about freedom, often they are about restrictions and anti-freedom. China loves to copy our restrictions wher
Re:If by everyone, you mean some. (Score:2)
China bans computers? (Score:5, Insightful)
Doesn't that describe general purpose computers?
Re:China bans computers? (Score:2)
Buy a TV, hook it up to a DVD burner or VCR (yeah, one of those ancient devices), record a movie broadcast via cable or TV, and voila, you've violated the copyright.
Buy a DVD player and a DVD burner. Rent a movie, duplicate it, and again you're in violation.
Granted, the copies in both these cases wouldn't be 100% digital reproductions, but they'd still be violating copyright.
Re:China bans computers? (Score:2)
Sorry, can't chaulk on cave walls, you could breach copyright!
Just watch then stick a "digital" in there somewhere to avoid this...
Re:China bans modchips? (Score:1)
Hey everyone, don't panic (Score:5, Interesting)
Re:Hey everyone, don't panic (Score:2)
I'd like one that just works out of the box, thank you.
Typo in summary (Score:5, Insightful)
There, fixed it for you.
I couldn't give a damn about Chinese IP rights, but this action is rather indicative of where the pressure from the West is being directed. Our governments don't care if the Chinese people are oppresssed, as long as our corporations aren't getting ripped off.
Re:Typo in summary (Score:1)
Re:Typo in summary (Score:1)
Priorities (Score:2, Informative)
Re:Typo in summary (Score:2)
The more the IP fascists buy new law's to persecute those who they deem to be infringing the more people will begin to resent the persecution. When enough peoples Children have been imprisoned or executed civil unres
So china has banned computers? (Score:1)
So the PRC has banned all PCs and other general use computers? SHHHHHHH!!! Stop giving ideas to the XIAAs !
They already hold copyright on the word Tiananmen (Score:5, Insightful)
Copyright on the AIDS prevalence reports in the China rural population after the massive infections produced by various "buy your blood for money" scam artists of the late 90-es.
Copyright on the documentation about the Three Gorges dam and its environmental assessment
Copyright on the studies about the history of Tibet
Copyright on the
Re:They already hold copyright on the word Tiananm (Score:2)
Re:They already hold copyright on the word Tiananm (Score:2)
Re: (Score:2)
Re:They already hold copyright on the word Tiananm (Score:3, Insightful)
Re:They already hold copyright on the word Tiananm (Score:3, Insightful)
What if, for example, P2P programs caught on in China as a way to circumvent government censorship? Banning those programs as "subversive" (or words to that effect) would have political repercussions. Banning them in the name of IP law however would work fine - there would be less uproar, and as a bonus, the law would have the support of any media company operating in China. Plus, the government could claim they were complying wit
Re:They already hold copyright on the word Tiananm (Score:3, Insightful)
You have to follow the law, it doesn't have to uphold it (if it should or not is another issue) A law that can be applied at will can be used to cause trouble for the people you don't like.
MPAA and RIAA get what they always wanted ... (Score:3, Insightful)
Re:MPAA and RIAA get what they always wanted ... (Score:1)
What a crazy idea, and even crazier because it seems more feasible every day.
Re:MPAA and RIAA get what they always wanted ... (Score:2)
Karl Marx & Frederick Engels (Score:5, Insightful)
Why do we see the leader of the Communist Party [blackenterprise.com] arguing for strengthening stronger IP rights?
Could they at least change the name of their party? They're really giving way to a new form of Communism that only seems to select and use the parts that are useful to them given the time and place. Seriously, what part of the original idea of Communism is left without these two things? They are picking a very odd way to abolish social classes. Perhaps they should be called Neo-Communists or just flat out trend-Communists.
Re:Karl Marx & Frederick Engels (Score:2)
The same could be same of just about any political party and/or political belief. For example, in the US, Republicans favor small government and despise government intrusion in people's lives....unless, of course, they're enforcing moral/religious viewpoints. Similar examples can be offered for Democrats.
Re:Karl Marx & Frederick Engels (Score:4, Interesting)
This has always been the way of China. In the long haul they have always been social pragmatists.
You may not be so different yourself. Have you adopted Germanic pagan tree worship, or do you just put up a "Christmas" tree because you like to?
KFG
Re:Karl Marx & Frederick Engels (Score:2, Funny)
Re:Karl Marx & Frederick Engels (Score:2)
Nah, The Mao Dynasty would be more accurate.
Hypocritical (Score:2)
Neither the populace nor government has any respect for foreign intellectual property value.
Re:Hypocritical (Score:3, Funny)
http://www.imo.org/Legal/mainframe.asp?topic_id=3
Re:Hypocritical (Score:2, Informative)
Re:Hypocritical (Score:2)
Re:Hypocritical (Score:2)
Re:Hypocritical (Score:2)
Re:Hypocritical (Score:2)
I gave you hard numbers and facts. You provided none. You provided empty rhetoric and flames. Perhaps you failed to notice, but I'm done. When I kindly asked someone to downmod you for being a Troll, I was implying that I don't consider you worth my time.
I hope that is more clear.
Re:Hypocritical (Score:2)
Look, I know I won't get much sympathy for the film and music industry here, and perhaps rightfully so. However billions and billions are stolen from the US alone from China every year. Where as consumers in the US still pay for music, movies, software, etc. perhaps half the time, 86% piracy rate exists in China, and if I had to guess, I'd wager that a large part of the 14%
Please downmod the above Troll (Score:2)
Freedom! (Score:2)
So is it right to call it "world wide web"?
Re:Freedom! (Score:1)
Re:Freedom! (Score:2)
Ah, you'll be referring to this map: http://opennet.net/map/ [opennet.net] right? (Sorry, Flash required)
There Goes Lenovo (Score:2, Funny)
I guess Lenovo is about to file the Chinese equivalent of Chapter 11.
Stupid Human Rights Tricks...
Prohibition has never been the answer, how many times do we need to learn this?
Waging the war on freedom... (Score:1)
Incorrect summary (Score:5, Insightful)
While the entire article speaks specifically about Copyright violations only, the summary lumps it under 'Intellectual Property' and confuses the issue. And immediately, the
When the term "intellectual property" is itself not clearly defined, and software patents - a key component of the so-called "IP" - are not treated equally by all nations.... why should we over-simplify this matter?
China's suposed violations of s/w patents, licenses and trademarks have no bearing on the legislation being debated.
How to make crappy hardware even worse. (Score:2)
WIPO and the big dumb publishers who established it have oversimplified things for you and the dear submitter. They are the people who invented the meaningless term IP. If you
Between the US and China... (Score:2, Interesting)
Uh huh (Score:2)
No, I'm sure that the average John Chinaman is truly in love with the prospect of a government-run IP crackdown!
Yay! (Score:2)
Never right (Score:3, Insightful)
- when they were an isolated, communist state, that was SO EVIL!!!!
- so they opened up, introduced market economy and started outcompeting America, and that is SO EVIL!!!
- but they didn't respect copyright, and that was SO EVIL!!!
- so now they introduce laws that protect copyright holders, and that is SO EVIL!!!
Hmmm, do we see a tendency here? It seems that China can do nothing right, no matter what.
Plus all the nonsense about whether they are really communists or not. 'Communism' and 'capitalism' as political and economical systems both have their roots in Victorian England, and just as you wouldn't expect 'capitalism' to stay the same through the > 100 years since then, you can't expect communism to be the same now as it was then. The world changes and our ideas change with it. Or, at least this is what happens outside the USA.
In my opinion what China has now is communism - not quite the thing Karl Marx described, but essentially the same. I personally think it is good, far better than what you have in the US. It is still far from perfect, but it is evolving and improving, which is what USA's system doesn't.
China and the Chinese leaders have shown great courage and made huge progress. In the beginning of the 20th century China was a backward, chaotic country with an absolute monarch, who lived in total isolation from his people. Only 50 years later China was one of the world's superpowers, and in the last ~20 years or so they have evolved from being a closed country that was limping behind socially, economically and politically to being the emerging leader of the world in all areas, whether you or anybody else like it or not. Everybody who knows about these things agree about this, even American economists are in little doubt; it's only a matter of time when America will be relegated to second or third position.
And that, in essence, is why you Americans keep whining about how bad China is; not because you really care one bit about the plight of other people. If you had cared, you wouldn't keep going on about China, but rather talked about the poverty in India, the hunger in Africa etc etc. You don't, however.
Re:Never right (Score:2)
Oh yes, it's far better than the US! I really don't enjoy expressing my opinion of the government without being maimed, killed, or tortured! That's not a right I enjoy at all! Who needs public discourse or a free press!
Re:Never right (Score:2)
As an American who has spent time in China and is studying Mandarin daily with the goal of living there for a while, I was perfectly happy with their old pooh-poohing of Western IP concepts
Re:However, you miss out something: (Score:2)
Um, this is China we're talking about. (Score:2)
When it comes to the law in China, there is no such thing as "a step too far". *Especially* when we're talking about crushing the rights of the little guy. I was actually quite surprised that I didn't see the words "prison term" anywhere in the article. Funny that, since if you get caught distributing software for free in the US, they *will* throw you in jail.
Not everyone wants to see China changing policy (Score:3, Interesting)
China has been a Mecca of technology, and I think part of the reason for it is the rampant "piracy" and "theft of intellectual property" that has always been part of their culture. Cheap DVD players that play multiple formats, cheap pocket-sized CD players, even telephones that possess capabilities of file sharing and copying, well beyond what we get in the States and in the EU.
I also produce music (that would be the person behind raising the money), and I'm working with more local bands to repudiate copyright as well. As more smaller bands give up the right to their thoughts, words and hand motions, their fan base grows. When their fan base grows, their shows bring in more money -- much more money. Some bands are even facilitating "piracy" of "their" music by letting people bring their iPods to the show to get a free sync of all the music. There is more money to be made in entertainment without copyright than with.
I'm sad to see China cater to the West and their mad-monopoly-over-information craze. This step means nothing, though, as the average consumer will still use their own capital (their time, their computer and their internet connection) to satisfy the laws of supply and demand. Near infinite supply? Near microscopic price.
nope. (Score:3, Insightful)
incorrect. They have been the Mecca for production.
"As more smaller bands give up the right to their thoughts, words and hand motions, their fan base grows."
wait until clear channel stations begin playing there music and not paying them.
"When their fan base grows, their shows bring in more money -- much more money"
Not nearly the amount of maney they could make if there music was paying them roalties. Assuming they were popular and good*.
*A good band in the music busin
Re:nope. (Score:2)
I do business in China. My customers have more R&D groups stationed in China than in the U.S., a huge change from 10 years ago. If you honestly think the U.S. is the engineering capitol of the world, have a vacation in China for 2 weeks.
wait until clear channel stations begin playing there music and not paying them.
Clear Channel is a copyright-created cartel that would not exist if it wasn't for their right to monopoly given to them by copyright laws.
Not nearly
Re:nope. (Score:2)
"Clear Channel is a copyright-created cartel that would not exist if it wasn't for their right to monopoly given to them by copyright laws."
I believe the business unit we're discussing here is the one that owns the radio stations. They don't own the copyright on the music they play. They pay the artists (not the record companies) for the priveledge of playing music... the copyrights of which all belong to other people. I'm also not sure of your choice of the word "cartel" here. The first definition
The penalty for violation? (Score:2)
Re:Explanation (Score:2)
Look at any meeting Bush has had with the Chinese. It is always on the discussion table, and always given more time(i.e. importance) then human rights discussions with the Chinese.
Improper care for it's people resulting in 30 million deaths IS NOT THE SAME THING AS COPYRIGHT. In fact, it's pretty damn insulting to even make the comparison.
Copyright has NOTHING to do with private property.
Copyright had very little to do with the economic development of th
Re:Explanation (Score:2)
"Improper care for it's people resulting in 30 million deaths IS NOT THE SAME THING AS COPYRIGHT. In fact, it's pretty damn insulting to even make the comparison."
The GP did indeed use small words, but it looks like he wasn't clear enough. Communism did not work for China. It hasn't worked for a lot of places. Generally speaking, the standard of living is higher in countries that embrace capitalist values and respect property rights -- both intellectual and physical property. China understands this.