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China Passes Internet Copyright Legislation

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?"

23 of 215 comments (clear)

  1. If by everyone, you mean some. by expro · · 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.

    1. Re:If by everyone, you mean some. by Ithika · · Score: 5, Insightful

      They are Communist, remember?

      No, not really. Do you honestly think that the branches of McDonalds in Beijing are owned by the workers? Your naivete is touching.

    2. Re:If by everyone, you mean some. by dominator · · Score: 4, Insightful

      The way I look at things is that China has had unfettered access to our (relatively free) markets while it has severely limited Western ownership in and access to its markets. Their stance on human rights is awful. They wield draconian control over the Yuan. The balance of power has been relatively one-sided thus far. All this, even as they're in the midst of applying for membership in the WTO. At best, they pay lip-service to the WTO's (and thus, the West's) demands, including IP reform.

      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.

  2. Re:Interesting. by Southpaw018 · · Score: 1, Insightful

    You have no rights in China. I'm not quite sure what this article is about, or what you're talking about. The government can and will freely profit from the IP rights of its citizens, yes, but it can strip those rights whenever and however it pleases for any reason whatsoever.

    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.

    --
    ACs are modded -6. I don't read you, I don't mod you, I don't see you. Don't like it? Don't be a coward.
  3. China bans computers? by grimwell · · Score: 4, Insightful

    the law also bans "the production, import and supply of devices capable of evading or breaching technical measures of copyright protection".

    Doesn't that describe general purpose computers?

    --
    If the govt becomes a lawbreaker, it breeds contempt for law, it invites man to become his own law, it invites anarchy
  4. Typo in summary by gowen · · Score: 5, Insightful

    While everyone wants to see China improving its enforcement of IP human rights.

    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.

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  5. They already hold copyright on the word Tiananmen by arivanov · · Score: 4, Insightful

    Let me guess what this will be used for.

    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 ...

    --
    Baker's Law: Misery no longer loves company. Nowadays it insists on it
    http://www.sigsegv.cx/
  6. MPAA and RIAA get what they always wanted ... by LordAbraxsis · · Score: 3, Insightful

    ironclad Copyright laws in a country that would rather execute you than listen to what you have to say.

    /Counts the days to a world wide boycott on Music/Movies following the first Copyright Infringement conviction that is followed by the person's execution.

  7. Karl Marx & Frederick Engels by eldavojohn · · Score: 4, Insightful

    Remember everyone, this is legislation coming from a government that proclaims itself to be communist. According to the ideas set down long ago by Marx & Engels, there is no sense of private property--yet we're seeing laws protecting intellectual property. Doesn't make much sense. Then again, there isn't any idea of a market system in Communism yet China is rife and growing with rudimentary free markets and international business.

    Why do we see the leader of the Communist Party 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.

    --
    My work here is dung.
  8. Re:Everyone? by Ithika · · Score: 4, 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.

  9. Re:Interesting. by Tim+C · · Score: 2, Insightful

    At least here, when our IP rights are corroded, or IP gets overbearing, we have recourse.

    You do? Excellent - please go ahead and seek recourse, as your country and corporations are both lobbying and inspiring mine to their own excesses.

  10. Incorrect summary by jkrise · · Score: 4, Insightful

    While everyone wants to see China improving its enforcement of IP rights, is this a step too far?"

    While the entire article speaks specifically about Copyright violations only, the summary lumps it under 'Intellectual Property' and confuses the issue. And immediately, the /. crowd will be up in arms about software piracy, China's poor record against piracy etc.

    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.

    --
    If you keep throwing chairs, one day you'll break windows....
  11. Re:Interesting. by Anonymous Coward · · Score: 2, Insightful

    without the copyright holder's permission. [emp mine]
    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 is, they don't buy it all from the majors.

    Just for yuks, email your local dimwitted journalist and explain it to him. Enclose a copy of Star Wreck: In The Pirkinning as an attachment, just to show them how good a free, independant movie can be!

  12. Re:Interesting. by Anonymous Coward · · Score: 1, Insightful

    That's because if you do anything but demonize copyright infringement and make it look worse than murder, you can be sure to receive a lawsuit from the powers-that-be on the grounds that you're promoting terrorism by encouraging piracy that funds them.
    Welcome to America, land of the abuse of the legal system^W^W^W^W^W free.
    Ironically enough, the CAPTCHA for this post was "Trusting".

  13. Re:They already hold copyright on the word Tiananm by stubear · · Score: 2, Insightful

    You can't copyright a word, but then again, much of copyright law seems to elude your typical slashdot reader. Also, last I checked, copyright has nothing to do with government censorship of facts and information.

  14. Insightful, not funny by Mateo_LeFou · · Score: 4, Insightful
    I'm waiting for a forward-thinking, high-profile country to stand up and say. "Hey, you know what, we thought about it and
    -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

    --
    My turnips listen for the soft cry of your love
  15. Re:Everyone? by iminplaya · · Score: 2, Insightful

    Damn right! It's not true. Up until I saw this, I considered China to be rather progressive about IP law. But, alas, the triumph of currency rules over all. Now they're just part of the problem. The chains are getting tighter. It is attitudes like this that just takes away the remaining value of life on what is becoming a prison planet. Oh well, here's hoping that we find a way to neutralize the weapons of the prison guards. Very depressing indeed.

    --
    What?
  16. I think you're recourse has run its course. by Mateo_LeFou · · Score: 2, Insightful
    If I understood Moglen's analysis of Eldred v Ashcroft correctly, the Supreme Court more or less said there is no Constitutional limit on how "overbearing" copyright laws can get. Anything Congress passes is presumed kosher.

    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 enforceable across international boundaries through WIPO etc.

    --
    My turnips listen for the soft cry of your love
  17. Re:They already hold copyright on the word Tiananm by RsG · · Score: 2, Insightful

    Oh, I dunno. I could see censorship done via IP law, even if not directly.

    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 with western law.

    "Censorship? What censorship? We're merely protecting copyright materials. How is that different from what companies in America do?" -- Doesn't that seem a little convienient?

    Not saying it will happen, but it's not that far fetched. And the only reason I see for it not happening is the fact that china really doesn't feel the need to justify it's actions internationally, or at least they haven't felt the need yet.

    --
    Erotic is when you use a feather. Exotic is when you use the whole chicken.
  18. Never right by jandersen · · Score: 2, Insightful

    Sigh - once again we see the tsunami of uninformed drivel that is provoked every time China is said to have done anything.

    - 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.

  19. Re:They already hold copyright on the word Tiananm by rufty_tufty · · Score: 2, Insightful

    Remeber once a law is passed a government can choose how closely it enforces it. You cannot.

    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.

    --
    "The weirdest thing about a mind, is that every answer that you find, is the basis of a brand new cliche" -
  20. Re:Banning devices by hynakin · · Score: 2, Insightful

    Well, this is only a translation from one of the chinese dialects... the original is probably written in Mandarian so this translation is never the same as the original... Therefor you can't go too far into detail.

  21. nope. by geekoid · · Score: 2, Insightful

    "China has been a Mecca of technology, "
    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 business is not one that can sell out in New York or L.A., it's one that can sell out in Idaho, Ohio, Brazil.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect