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?"

Comments

Everyone?

[Anonymous Coward]

I don't think that's quite true.

Re:Everyone?

[Ithika]

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.

Re:Everyone?

[ThePhilips]

The real question has China any will to enforce the law? Would anyone there cooperate with RIAA/MPAA as much as they do in EU/US?

No doubt many (me included) see the passed law only as a step needed to please World Trade Organization.

Interesting.

[Whiney Mac Fanboy]

As many others have noted in this forum before, the US ignored copyright, patents & trademarks as an emerging economy, right until its elite started to benefit from the trade monopolies granted by such IP.

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:

the uploading and downloading of Internet material without the copyright holder's permission. [emp mine]

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.

If by everyone, you mean some.

[expro]

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.

[Ithika]

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.

Re:If by everyone, you mean some.

[dominator]

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.

China bans computers?

[grimwell]

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?

Hey everyone, don't panic

[localroger]

Fortunately TFA doesn't say they have banned the production and export of devices that allow us to bypass DRM. Your supply of Chinese DVD players that can be hacked to skip the unskippable bits and disable Macrovision will not be affected.

Typo in summary

[gowen]

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.

They already hold copyright on the word Tiananmen

[arivanov]

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 ...

Karl Marx & Frederick Engels

[eldavojohn]

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.

Re:Karl Marx & Frederick Engels

[kfg]

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.

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

Incorrect summary

[jkrise]

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.

Insightful, not funny

[Mateo_LeFou]

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

Banning devices

[Alien54]

there's this bit:

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

Technically, wouldn't that ban the production, import and supply of computers? Note that it does not say "specifically designed"

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.