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Chinese DVD Makers Sue Over Royalties

Viceice writes "Afterdawn.com and DigiTimes are among many other news outlets reporting that DVD player makers from China are suing the 3C DVD Patent Group over royalties on patents held by the consortium. The suit accuses 3C alliance for price-fixing, unlawful tying of essential and non-essential patents together, group boycott and conspiracy to monopolize. According to the Chinese companies, typically U.S. patent licensing fees for other products are between 3 and 5 percent of the item's wholesale price, compared to the 50 percent for DVD players."

23 of 208 comments (clear)

  1. At least they have the guts... by kusanagi374 · · Score: 4, Interesting

    It's obvious that the 3C Patent Group is guilty, but then... that's how things work in the western world, and such acts are protected by local governments.

    I only see this as the chinese companies trying to defend their position, nothing more. They want to be competitive, even more than they already are.

    1. Re:At least they have the guts... by oliverthered · · Score: 2, Interesting

      So, which fat cat in China is getting richer because of this.

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  2. Is it just me? by nihilistcanada · · Score: 4, Insightful

    What does it say about the times we are in that the greatest champions of intellectual property freedoms are the constituents of the biggest dictatorship of the world?

    1. Re:Is it just me? by Jameth · · Score: 5, Interesting

      It's interesting to note that, as India is an even bigger proponent of these freedoms than China, that the real champions of intellectual property freedoms are those in rising third world nations. This is the exact same position the US was in when it began its rise and it is interesting to consider that the economic situation of the country could so outstrip the cultural components in this manner. If you compare the three places, there are extremely few similarities, yet they all chose the same path when in the same situation.

    2. Re:Is it just me? by ad0gg · · Score: 2, Informative
      This is the exact same position the US was in when it began its rise and it is interesting to consider that the economic situation of the country could so outstrip the cultural components in this manner.

      Proof? Oh wait this is slashdot. Edison's 1000 patents. So when was the US championing freedom of IP?

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    3. Re:Is it just me? by Jameth · · Score: 2, Informative

      When the US originally declared independence and flat-out ignored all the restrictions Europe tried to place on such things.

      The US declared independence in 1776. Edison was born in 1847. By the time Edison was patenting things, the US was among the richest countries in the world. It still had a long way to go to where it is today, but it was doing quite well.

      Also, the US ignored it's own patents when Edison was around. Edison had patents on the camera which is why Hollywood is on the west coast: they didn't want to pay any patent royalties so they just avoided his collectors.

  3. China will be the death of the patent hegemony by Anonymous Coward · · Score: 3, Insightful

    Just because the Chinese government is a murderous fascist 800-pound gorilla, and it is increasingly beginning to decide that Chinese industry shouldn't have to be burdened by the limitations of western patents. After all, since China is not going to become a research and development hub as long as they pursue the whole "stalinism lite" thing and all their best and brightest continue leaving for American universities, it isn't like China is benefiting from the patent regime at all. So why not just start ignoring it whenever it gets inconvenient?

    We've already seen this with the Red Dragon chip; this DVD thing may be the next big crack in the wall. Once Chinese industry is unburdened by patents, the rest of the world is going to have some other way to compete than government-granted monopolies on ideas in order to keep up.

    1. Re:China will be the death of the patent hegemony by PsiPsiStar · · Score: 4, Insightful

      No. China has not invaded another country for the last 200 years. ... debatable. There's still Tibet which was, despite past security agreements between the two countries, for all intents and purposes a separate country. Moreover, China's act was agressive and they claimed the land as their own. Likewise, there are the Xinjiang separatist rebels. The US used to support these guys, though it seems there's a quid pro quo between Bush and Beijing where Washington has agreed to consider the Xinjiang separatists as 'terrorists' and in return Beijing supports the 'war on terror.'

      Re: Communism.

      China is closer to Facism than Communism at the moment, though there are elections at the local level and national politics are like an oligarchy. The whole 'economic equality and state ownership of labor' has gone out the window in the past ten years. Everything is on sale there now. Communism is dead in China.

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    2. Re:China will be the death of the patent hegemony by Anonymous Coward · · Score: 2, Informative

      "China has not invaded another country for the last 200 years"

      Give me a break. Ask any Tibetan and they will tell you what the Chinese mean when they say "the Peaceful Liberation of Tibet."

      China invaded Tibet in 1950 and remains an occupying force today.

    3. Re:China will be the death of the patent hegemony by WIAKywbfatw · · Score: 2, Informative

      China has not invaded another country for the last 200 years.

      Uh, you're so ignorant. China invaded India in 1962. Before you post things in future perhaps you should get your facts straight.

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      "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
  4. It's a fixed amount, not a percentage by jdhutchins · · Score: 4, Insightful

    The summary is a bit misleading- the 3C group charges $20 per DVD player, not 50% of the cost. Although $20 may end up being 50% of the cost of a DVD player, a $100 DVD player still only has to pay $20. Their argument of "but everyone else does it this way" sounds like whining that they can't make $5 DVD players.

    Maybe part of the reason the 3C is charging a flat fee is to prevent Chinese companies from severely undercutting their own offerings. They do have the patents on some DVD stuff, and I'm sure it's more than just worthless software patents. When you get a patent, part of the rights that you get is to prevent other people form using them, or making them pay a price of your choosing to use it.

    1. Re:It's a fixed amount, not a percentage by jonny4001 · · Score: 5, Informative

      Getting a patent does not give you the right to violate other laws, including antitrust laws. If you do, it is within the power of the courts to impose compulsory licensing.

    2. Re:It's a fixed amount, not a percentage by Yartrebo · · Score: 3, Insightful

      Well, it's up to the Chinese to decide what is legal and not over there.

      Don't forget that we are more dependant on China for their manufacturing capacity. If China was to embargo us and dump their dollar reserves, it might put a crimp in their booming economy, but it could very well induce an inflationary spiral and depression in the USA.

      Our economy is highly leveraged and vulnerable, their's is not.

      Both of us have enough nukes to obliterate each other, so saber rattling will only go so far.

    3. Re:It's a fixed amount, not a percentage by Frank+T.+Lofaro+Jr. · · Score: 2, Insightful

      I wish that were true more than just in theory.

      When was the last time a court made anti-trust trump "intellectual property"? :( Excluding the Microsoft hand slappings.

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    4. Re:It's a fixed amount, not a percentage by SuperDry · · Score: 2, Interesting

      Regarding it being up to the Chinese to decide, it's not quite that simple. The Chinese have to abide by the patent laws in Western Europe, the US, and Japan if they want their products to be legally importable.

  5. CSS Anyone? by sepluv · · Score: 3, Insightful

    Maybe, this lawsuit could also be an opportunity to challenge their forcing the use of CSS (and regions) (in violation of the DVD video standard, misleading-advertsing laws and anti-trust laws) on most films to further their monopoly.

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  6. Another creepy twist of fate... by Weaselmancer · · Score: 2, Insightful

    A Chinese company pushing for consumer rights.

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    Weaselmancer
    rediculous.
  7. Re:This is neither surprising nor representative by Jeff+DeMaagd · · Score: 4, Insightful

    I have mixed feelings about "intellectual property freedom". Thus far, the only thing China is really good at is copying and making things very cheap. I really don't think they innovate, because there is seems to be no incentive to do so. It takes too much time and effort to make a "better mousetrap" if you will, and so little time and effort to copy that it isn't worth it unless there is some protection on the design

    I don't like how US patents are abused, but I don't think doing away with patents will fix anything. You'd need a constitutional ammendment to do that anyway.

  8. It's not a US technology by Animats · · Score: 3, Informative
    This has nothing to do with US technology. The 3C patent group is Sony, Pioneer, and Philips.

    You cannot build a CD or DVD device without licensing technology from Japan. Or even a VCR, as Go Video found. American companies no longer own the key consumer electronics technologies.

    1. Re:It's not a US technology by evilviper · · Score: 4, Informative
      This has nothing to do with US technology.

      No, but it has everything to do with the US patents.

      The defendants are the US branches of these companies. And the legalities are up to US courts.

      If the court rules that the fees much be reduced, then all DVD players sold in the US can pay those reduced fees. The fees might remain massively high in Japan, but that doesn't matter for DVD players in the US.
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  9. Francis Cabot Lowell by mcc · · Score: 4, Interesting

    Believe it or not, the world still existed before 1900. Ever hear of Francis Cabot Lowell? In the early 1800s Britain's industry had some of the best industrial technology in the world, and they viciously protected their trade secrets, trying to make sure that no one else could get hold of their stuff. Francis Cabot Lowell around 1810 wanted to start some modern textile mills in New England, so he went over to England, got a job in a textile mill, examined the machines until he understood them, reverse-engineered the schematics and then memorized them, and came back to New England knowing how to build them himself. This is how the powered loom came to North America, It was the first example of industrial espionage in history that I'm aware of.

    If you look at the period during which the U.S. began its rise as an international economic power-- not the post-Reconstruction period during which it had already completed that rise, which is where Edison existed-- you see LOTS of examples of stuff like this, over multiple areas of intellectual property. Witness Charles Dickens' desperate attempts to get America's book publishers to actually respect his copyrights...

    1. Re:Francis Cabot Lowell by cheesybagel · · Score: 3, Interesting
      This is how the powered loom came to North America, It was the first example of industrial espionage in history that I'm aware of.

      Industrial espionage goes way before that.

      Quote:
      The methods of securing silk and weaving fabrics from it were held secret by the Chinese for nearly two thousand years. Alexander the Great was credited with discovering it in India during the Third Century B.C., though for centuries afterward Westerners could only import this mysterious new fabric. It was among the Chinese a capital offense to reveal the secrets of the trade or to export the eggs from which the worms were hatched, but that didn't stop two priests from smuggling some eggs in the hollows of their bamboo staffs and bringing them to Constantinople in 555 A.D. However, silk continued to be imported from Asia, as silk production in Europe was fraught with disaster and danger. Attempts to raise silkworms consistently failed, due to the difficulty of growing healthy mulberry trees. Even today, while many efforts have been made to produce silk in the United States and Europe, most raw silk still comes from China, Japan, Bengal, and other Asian countries, where labor is cheap, and the requisite Bombyx mori and mulberry leaves are plentiful.

  10. Re:This is neither surprising nor representative by Mad+Hughagi · · Score: 3, Insightful

    I really don't think they innovate

    This is wrong on many levels.

    The barrier to implementing research in China is much lower than in the rest of the developed world. Not only in an industrial sense, but in almost every field. Check out the foreign investment and developments in Beijing. People who think that China is just another cheap labour base are not taking in the big picture.

    A professor was telling me that one of his collegues in China has graduate students willing to work 14 hour days 7 days a week, and lining up at his door to get a position in his lab. Contrast this with the declining number of graduate students (and the lack of funding for) in many fields in North America.

    Now that we have globalization these patents really only help the management crust of the corporations. Everything else will get outsourced if it optimizes the finances, barring the so called "federal" corporations who are heavily subsidized by the government. Welcome to the new global community.

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