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China Slams US Piracy Complaint

bingoathome writes with a link to a BBC article on China's criticism of the US over its complaint to the WTO. The Bush administration is breaking its long-standing policy of backroom conversations with Beijing to condemn the country's continued 'failure to address copyright piracy and counterfeiting.' "The US says that China's failure to enforce copyright laws is costing software, music and book publishers billions of dollars in lost sales ... The US has been threatening a WTO complaint against China since 2005. It said on Tuesday that the two cases had been submitted to the WTO. One case claims that Beijing's poor enforcement of copyright and trademark protections violates WTO rules. The other contends that illegal barriers to hamper sales of US films, music and books. "

63 of 346 comments (clear)

  1. dvd's cost a quarter in shanghai by Adult+film+producer · · Score: 5, Insightful

    but how much do legal copies of dvd's sell for? Or rather, how much does the riaa/mpaa want to charge chinese consumers for a DVD ? $20? Maybe it's time for the riaa/mpaa to lower prices and compete with the blackmarket.. there is still money to be made, just don't expect chinese consumers to fork over 15% of their annual income for a lousy hollywood movie.

    1. Re:dvd's cost a quarter in shanghai by pipatron · · Score: 4, Informative

      When I was there last year they seemed to charge around $5 for a legal copy, in the most expensive stores. You could buy the cheap-ass titles that nobody wants, without a hard cover, for around 50 cents at wal-mart, but I don't know if they were more legal than those sold on the streets for a similar price.

      --
      c++; /* this makes c bigger but returns the old value */
    2. Re:dvd's cost a quarter in shanghai by Ours · · Score: 4, Insightful

      I don't know about China but in the countries I've been in Asia, legal DVDs and computer games come real cheap compared to Europe. It's 1/4 of the price from what we pay in Europe. But that's hardly competing with the black market which has even lower prices. Still, I'd buy more DVDs and games if they where priced like the legal stuff in south-east Asia. But with the salaries these people have, they'll never pay more then black-market prices. Besides, why would they give a damn about US/European copyright owners? It's not like we've shown much in the way of caring for the working conditions they have to suffer to sell the stuff they make for us at super cheap prices.

      --
      "You superiour intellect is no match for our puny weapons" - The Simpsons
    3. Re:dvd's cost a quarter in shanghai by drgonzo59 · · Score: 3, Insightful
      I guess the fear might be that such cheap copies of hollywood crap will spill into the US and Western European markets and cut into the profits of RIAA/MPAA and friends. But then again in U.S. and Western Europe we have our broadband and Pirate Bay / BTJunkie / etc. so we can get our share of hollywood crap for $0.


      there is still money to be made, just don't expect chinese consumers to fork over 15% of their annual income for a lousy hollywood movie


      The problem, according to ??AA is that hollywood movies (all lousy at best, as you mentioned) are not necessities, in other words if the Chinese cannot afford them so be it, they shouldn't watch them. And leave it up to us, the "cultured" and "soffisticated" to pay $20 for garbage like that.


      I would actually support hollywood cracking down on those who watch their crap and don't pay. Not because I like hollywood but because I hope people will realize that crap like that is really not worth paying for and/or risking a lawsuit and instead invest their money (that $20) in something better. The same goes for Microsoft, let them go after each pirate and remotely disable all of those "suspicious" windows installs. I think the majority of people who pirate windows already realized that the quality of the product they would be getting if they would buy it "fair and square" is not worth the price, and maybe then they'll switch to a free operating system (say Ubuntu) or pay money for a quality product (OS X).

    4. Re:dvd's cost a quarter in shanghai by Illserve · · Score: 2, Insightful

      It's not like we've shown much in the way of caring for the working conditions they have to suffer to sell the stuff they make for us at super cheap prices.

      Oh please, that is a grossly unfair criticism. What exactly are we supposed to do? Declare war on China if they don't legislate improved working conditions?

      The WTO exists precisely for the purpose of arbitrating disputes of this sort. The US is following protocol for a legitimate concern.

    5. Re:dvd's cost a quarter in shanghai by monsted · · Score: 2, Informative

      The only cost the pirate needs to worry about is the cost of blank media (cents/copy) [...] Well, they have them pressed in a proper factory using regular CD/DVD fabs. This makes it even cheaper than typical blank media.
    6. Re:dvd's cost a quarter in shanghai by badfish99 · · Score: 3, Insightful

      If the Chinese can't afford to pay for Hollywood movies, then "Hollywood cracking down" would cost them money for enforcement, without bringing in any income from sales. So it will never happen.

      What Hollywood want, of course, is for governments to enforce copyrights at the taxpayers expense. That doesn't cost them anything, except a little in bribes to make it happen.

    7. Re:dvd's cost a quarter in shanghai by statusbar · · Score: 4, Insightful

      After the fiasco of the U.S.'s Canadian softwood lumber tax where the WTO ruled against the U.S. something like 5 times, I learned that the U.S. only follows WTO rulings when it suits them...

      --jeffk++

      --
      ipv6 is my vpn
    8. Re:dvd's cost a quarter in shanghai by _xeno_ · · Score: 2, Insightful

      Oh please, that is a grossly unfair criticism. What exactly are we supposed to do? Declare war on China if they don't legislate improved working conditions?

      I dunno, maybe something slightly less severe, like not making them our "preferred trading partner?" Something along the lines of refusing to trade with countries that don't have some minimum standard of working conditions?

      And, yes, I know that means we'd have to pay more for consumer goods. It's still a much less costly option than trying to invade China.

      --
      You are in a maze of twisty little relative jumps, all alike.
    9. Re:dvd's cost a quarter in shanghai by Lumpy · · Score: 5, Funny

      Lower prices??? are you MAD? how do we continue to pay the multi billion dollar salaries that these people RIGHTLY DESERVE for their work?

      executives for the MPAA deserve a 7 figure income they work REALLY HARD.
      Actors also deserve their 7 and 8 figure incomes, do you realize how incredibly HARD their work is?

      Cripes working in a mine or foundry is pampered panzy work compared to what an actor has to deal with daily.

      you people make me sick!

      --
      Do not look at laser with remaining good eye.
    10. Re:dvd's cost a quarter in shanghai by cHALiTO · · Score: 2, Interesting

      Makes me think of a discussion about game piracy I had a couple of days ago with a guy from a store downtown who imported original games. I said I like games, but they are way too expensive, so I use pirated copies. Of course he wasn't happy, but then he said he once talked to a representative from Sony about producing (pressing) games in the country instead of having to import them (shipping + taxes), and they repliead that they're not interested in the market (in Argentina).
      So, i said "well, if they're not interested in the market, I'll just keep copying, they obviously don't care. If they change their minds, and want to make a realistic offer considering the average income here, I'll happily listen".

      It's kind of catch-22, because one of the arguments they have for the lack of interest is the amount of piracy in the country, but the piracy itself grew because of high prices in the first place, which are made worse in no small part for import costs.

      --
      "Luck is my middle name," said Rincewind, indistinctly. "Mind you, my first name is Bad." -- Terry Pratchett
    11. Re:dvd's cost a quarter in shanghai by Volante3192 · · Score: 4, Insightful

      Not to mention just recently the WTO ruled in favor of Antigua over online gaming.

      I'd love to see China come out and say, on the record, "The US has no history of agreeing to WTO decisions, why should we?"

    12. Re:dvd's cost a quarter in shanghai by Itchyeyes · · Score: 2, Insightful

      I would like to see any nation that has a perfectly clean trade record. Simple because the US has violated WTO rulings in other areas does not mean that China's flaunting of IP laws is now permissible. As the GP stated, this is a legitimate complaint filed through the appropriate channels. You may not agree with US trade policy, but you certainly can't paint them as in the wrong on this particular issue.

    13. Re:dvd's cost a quarter in shanghai by RobertinXinyang · · Score: 2, Insightful

      I Xian I have found that they, generally, cost about $1-1.25 USD (7-9RMB). With this I have seen about a 40-50% failure rate in the DVDs. Keep in mind that th eentire economy is on a different scale. When you look at the economy in terms of work hours, they cost about the same as they do in the US. Imported, ligitimate, DVDs sold at US prices would just be too expensive.

    14. Re:dvd's cost a quarter in shanghai by darthnoodles · · Score: 4, Insightful

      you certainly can't paint them as in the wrong on this particular issue.

      Wrong? No.
      Hyprocrites? Yes.

    15. Re:dvd's cost a quarter in shanghai by mulvane · · Score: 2, Funny

      The end return could be worth it. Invading Iraq will eventually pay for itself in oil. China has plenty of resources the US could take over with an invasion. War isn't costly if you think of the cost as an investment.

    16. Re:dvd's cost a quarter in shanghai by Itchyeyes · · Score: 2, Insightful

      And if this were a discussion of Canadian softwood lumber or online gambling in Antigua then that would be a legitimate point. However, in a discussion of enforcement of IP in China, the American hypocrisy in other areas of trade is a red herring. It bears no practical use in determining whether or not China should be allowed to flaunt IP laws.

    17. Re:dvd's cost a quarter in shanghai by dave420 · · Score: 4, Insightful

      It's not just the WTO. The US uses these organisations when it suits them, then ignores their verdicts when brought against the US. That's one of the major reasons the world has a less-than-great view of the US - most other nations try their best to adhere to judgements and arbitration that find against them, regardless of how it will affect them. The understanding is you take the good with the bad, otherwise you just piss people off. The US seems to not give a shit, then acts all surprised when other countries get pissed off with them. Selfish foreign policy. It sounds like a rabid leftist mantra, but it's fucking accurate.

    18. Re:dvd's cost a quarter in shanghai by thePowerOfGrayskull · · Score: 2, Insightful

      You mean this dispute in which the WTO ultimately ruled in favor of the US?

    19. Re:dvd's cost a quarter in shanghai by thePowerOfGrayskull · · Score: 2, Insightful

      . The US uses these organisations when it suits them, then ignores their verdicts when brought against the US Is it too much to ask for examples (beyond the GP's, which was ultimately decided by the WTO in favor of the US).
    20. Re:dvd's cost a quarter in shanghai by Antique+Geekmeister · · Score: 3, Insightful

      Look again: according to my mainland Chines immigrant acquaintances, as much as 90% of the "official" game and movie DVD sales in mainland China are in fact pirated on a corporate scale. With so little threat of prosecution, and no robust identification of whare the discs were purchased from, there's just no way to control this.

      This is why Microsoft wants Vista's enhanced DRM capabilities: to cooperate with video producers, and to protect its own software from cheap duplication.

    21. Re:dvd's cost a quarter in shanghai by j-beda · · Score: 2, Informative
      As I read it, the agreement does not in fact comply with the various decisions that have gone against the US, it is in fact more favorable to the US than implementing the changes that those decisions mandated. If the US just implemented the mandated changes to their behavior, no "agreement" would be necessary. The agreement is needed because the US does not want to do what they are supposed to do under the various trade agreements already in place so they need Canada to agree to a new arrangement outside of the process - Canada of course wants (some of) its 5 billion bucks back and to get their injured forestry sector back to good health so it has some incentive to sign onto a deal that is not as good as the one that they though they already had withing the WTO and NAFTA arrangements.


      If the US respected the WTO arbitration process it would just comply with the decisions of that process rather than need to negotiate separate arrangements.

    22. Re:dvd's cost a quarter in shanghai by operagost · · Score: 3, Insightful

      So two wrongs make a right?

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    23. Re:dvd's cost a quarter in shanghai by digitig · · Score: 4, Interesting

      I would be very surprised if you managed to find a legal copy of a DVD in China, outside of Hong Kong and Macau. I don't know what the price would actually be in China, but I do know of the situation in Russia, because a couple of weeks ago I was speaking to a member of the Russian trade delegation at an IPR conference. In Russia, a legal DVD of a current Hollywood DVD release costs about one month's average wage. It's no wonder Piracy is rife.

      That same person made the point that the world's biggest exporter of pirated DVDs, software, etc, (based on customes seizures) is the USA, but the US government doesn't seem to see that as such a big issue.

      --
      Quidnam Latine loqui modo coepi?
    24. Re:dvd's cost a quarter in shanghai by mosb1000 · · Score: 2, Interesting

      "a legal DVD of a current Hollywood DVD release costs about one month's average wage"

      If you don't want to pay for it, don't watch it.

      "based on customes(SIC) seizures"

      Of course, not all countries take equal measures to counteract piracy, so that doesn't really mean anything.

    25. Re:dvd's cost a quarter in shanghai by shaitand · · Score: 4, Insightful

      'The justice department will uphold the law on my behalf even if I've already shown my own disregard for the law as applies to me.'

      That's not entirely true. The law does not apply the same way to a convicted and incarcerated prisoner.

      'I don't know much about prior US dealings with the WTO, but I do believe laws should be upheld even on behalf of imperfect citizens.'

      We aren't talking about someone breaking a code of laws. We are talking about an international organization that exists to resolve disputes between its members. When a member thinks another is acting unfairly they can raise a dispute and all parties have agreed to abide by the decisions of the organization. A member gets the right to raise complaints in exchange for their agreement to abide by decisions. If a member raises complaints but never abides by unfavorable decisions then they really have no right to be a member or to raise issues.

      Take the other stance. You are Italy and the US raises an issue against you. Regardless of the merit of the issue you will lose. If the ruling is in your favor, the US will ignore it and possibly take justice in its own hands via sanctions or military action. If you ever have need to raise an issue against the US, the US will ignore any ruling against it. Why should the US be able to enjoy the benefits of favorable decisions if it ignores the consequences of unfavorable ones? Why should any of the other member nations recognize disputes from the US under those circumstances?

      I wouldn't.

    26. Re:dvd's cost a quarter in shanghai by LadyLucky · · Score: 2, Informative

      Well, I found heaps in Beijing for about $5. These were real DVDs. You can tell the difference because they are in the massive bookshops, they have decent subtitles and use dual-layer DVDs.

      --
      dominionrd.blogspot.com - Restaurants on
    27. Re:dvd's cost a quarter in shanghai by KDR_11k · · Score: 3, Insightful

      Of course China shouldn't be allowed to but would you listen if you were told by an organization to stop something when the one who complained about you never heeded the organization's orders, either? China wants to build an economy that competes with the US and they've seen that one successful strategy of the US is to ignore the WTO when it pleases them. China will imitate that because they want to play by the same rules as their competition and in this case the rule is "international bodies are a way to get your power enforced, not curtailed".

      If the US wants this complaint to have weight behind it they need to threaten trade sanctions if China does not follow up.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    28. Re:dvd's cost a quarter in shanghai by edwardpickman · · Score: 2, Interesting

      The Russian you met was lying to you. It's a good dodge to say americans are behind it but the simple fact is most DVDs, pirate and legit, are made in south east asia. It's cheaper to make there period. The music industry used to be big into pirating as a way to screw the artists out of their royalty but this may have bit them in the ass since piracy now dwarfs legit music and they aren't the ones pirating now. The real truth is profits are dropping and the quality and quantity of what's out there to pirate is going start dropping. The pirates may one day have to offer to pay something for the films and music simply because they won't have enough left to pirate to stay in business.

    29. Re:dvd's cost a quarter in shanghai by RealGrouchy · · Score: 3, Insightful

      So two wrongs make a right?

      Look at it this way:

      The U.S. continually violates WTO rules. If other countries are also violating WTO rules (even if they are totally stupid), the U.S. will say that they're waiting for the other country to comply.

      When the other countries do comply, the U.S. *continues* to not comply. That's two wrongs right there: (1) U.S. benefitting from other countries' compliance, and (2) U.S. benefiting from U.S. noncompliance.

      The "let's make sure we're obeying the rules before we hold the U.S. to account" tactic obviously doesn't work, so China is trying a different one. I hope it works.

      - RG>
      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
  2. China might as well ignore WTO rulings by Anonymous Coward · · Score: 5, Insightful

    just like the US does, if they don't like them:
    http://yro.slashdot.org/article.pl?sid=07/04/02/10 35210

  3. Interesting how they chose their battles. by aadvancedGIR · · Score: 3, Insightful

    China and other countries produce and export lots of low quality counterfeit products, including drugs and mecanical parts that can endanger consumers health but the US Gov. is only mad about copies of overpriced products (usually made in China for dirt cheap BTW) to protect the profit of a few cartels.

    1. Re:Interesting how they chose their battles. by delt0r · · Score: 3, Interesting

      ..export lots of low quality counterfeit products, Counterfeit yes. Low quality no. Many products come of the *same* production line with a slightly different logo (no serious retooling). Many "bootleg" CD's are printed from the same masters. The stuff is good. And cheaper. Also some of it is literaly stolen from the factory floor.
      --
      If information wants to be free, why does my internet connection cost so much?
    2. Re:Interesting how they chose their battles. by aadvancedGIR · · Score: 3, Insightful

      Although what you are talking about about is a real phenomena (and a good reason not to outsource because you can't compete on either cost or quality in that case), there are also lots of workshops that produce totally fake products, usualy using materials that can barely look like the real product but are really cheap.

      If your 0.49$ screwdriver bends, it is not a disaster, if those brakes you got for a tenth of normal price with no invoice do not work after 50 miles, it can be.

    3. Re:Interesting how they chose their battles. by tomhudson · · Score: 2, Interesting

      Just follow the $$$.

      Ignore the counterfeits for a moment. Every year for the last 22 years, the trade deficit with china has gone up. January alone was $25.6 BILLION http://www.census.gov/foreign-trade/balance/c5700. html#2006, up from $21.4 billion the previous January. With those numbers, WalUSMart is looking at a $300 billion trade deficit this year, just with China.

      This could be a way for BushCheneyHalliburton to lay the groundwork for further import duties. Even a 10% across-the-board surtax would generate $30 billion (and you're probably looking at a rate more like 33% to 50%). Thats so much money its hard for them to ignore. Of course, it means that all those cheap imports get more expensive, but that only hurts the poor (in both countries), and there's no evidence Bush even knows the poor exist, except as cannon fodder.

  4. Odd... by Anonymous Coward · · Score: 3, Interesting

    Strangely all the DVD shops I know of in Shanghai are closed today. There's still street vendors here and there however.

    I imagine they'll be open again soon, but it shows that China cares to some extent.

  5. Hmph by tbone1 · · Score: 2, Insightful
    The US' argument might have carried more weight if it hadn't been authored by Joe Biden.

    Seriously, though, is this a surprise to anyone? If China will run over defenseless people with an armored personnel carrier, who would expect them to honor the property rights of people who are not from The Celestial Kingdom?

    And if the US' only economic advantage over China is in entertainment, is it surprising that they'd go after this?

    --

    The Independent: Reverend Spooner Arrested in Friar Tuck Incident - ISIHAC, Historical Headlines
  6. What about piracy in the US? by WaZiX · · Score: 3, Insightful

    They are already having one hell of a hard time fighting piracy in such a policed country as the US, how exactly do they expect China with its 1.3 billion citizens to tackle this problem?

    Also, seeing the poverty and corruption problems in China, I sure hope that they use their money to make life better for their own citizen, then maybe they can start pumping money into an impossible to achieve goal...

  7. WTO should say by jhines · · Score: 4, Insightful

    And you the US, are gonna do WHAT about the on-line gambling issue that didn't go your way?

    1. Re:WTO should say by erroneous · · Score: 2, Insightful

      Exactly.

      The USA's record of obeying WTO rulings that have gone against it is absolutely abysmal.

      The fact that they are running to a body that they themselves have made toothless shows that their influence over China has waned to virtually nil.

      They've been the only global superpower for close to two decades now, but China and India are very rapidly joining that group and the US is going to have to get used to much, much less going their way.

      --
      erroneous: look me up in a dictionary
  8. MOD Parent UP by Don_dumb · · Score: 5, Insightful

    Exactly, this is another case of classic US unilateralism. The US government use the UN, WTO and other international groups to get their own way with the rest of the world but then ignore those same groups when the rest of the world has its own issues.

    I always remember when some US official was asked why the US didn't recognise the International court of Justice, he replied "because this would allow other nations to bring trials against OUR leaders". The US just doesn't get the idea of "international cooperation", you can't just use collaboration to get your own way without compromise. Perhaps it would help if the US realised that it isn't always right.

    --
    If this were really happening, what would you think?
    1. Re:MOD Parent UP by drgonzo59 · · Score: 4, Insightful
      It's alright. US is already behind as far as technological progess goes. Our school systems are crap, our students math and science scores rank near the bottom of the civilized nation's scores. We have been in a stupid war for the last 5 years or so, we have overspent our money, our president is a moron and we are so scared of terrorists that we threw away democracy and freedom and put babies on the no-fly lists. Call me pessimistic and alarmist, but I see this country going downhill. It was a great country, it reached it's peak and now it is on a long an steady decline.

      I think US will be in the position to bully others only for so long. Pretty soon we might have to be the ones taking orders...

  9. the Injust Trade Barriers - Oh My! by Oriental_Hero · · Score: 2, Insightful

    LOL, I love it when the US protests against illegal trade barriers. Surely the foreign steel tariffs and more recently the Brazilian Ethanol/Biofuel tariffs do just the same...!

    And someone else posted about China running over it's own ppl in APCs. Need I mention WACO or Rodney King or how about the recent Blue on Blue incident where the US Air Force with 2 A10s blows the crap out of a British Convoy that had the correct orange markers denoting friendlies?

    All this proves though is that we can both relate completely unrelated but similar instances of injustice. We should stick to the topic in question which is trading rights between countries and the effect of piracy efforts.

    --
    Oriental Hero "I want to live in a city where the Police don't shoot you" Jean Charles de Menezes
  10. What about chinas IP and Art? by DuncanE · · Score: 2, Informative

    I'm going to raise something which will probably be greeted with blank stares...

    What about Chinas IP/Cultural penetration in the US? Where's the Chinese equivalent of Britney? What about the Chinese authors in the NY times best sellers list? They account for a large proportion of the world population.

    Perhaps China feels that the Cartel media structures of the US are not fairly promoting foreign IP and art?

  11. Piracy is such a way of life in some Asian . . . by bradavon · · Score: 3, Interesting

    Piracy is such a way of life in some Asian countries that sellers blatantly sell copied DVDs and CDs on the streets without any perceived concern they could be arrested. The police completely turn a blind eye. In Thailand and Malaysia it's so blatant it's ridiculous. They even have many DVDs you cannot even buy in the respective country due to not being released or even banned, films banned or censored by the Thai censors are regularly available completely uncut. The sellers do nothing to even hide what they're doing. This barely happens period in Europe or North America, why? Because the police actually crack down, close down and prosecute bootleggers. You may see the odd market seller but that's it. Interestingly Japan has created an expensive limited edition culture that you'd think would help piracy but instead people prefer to own official merchandise.

  12. Not disagreeing with the basic premise by Sycraft-fu · · Score: 5, Insightful

    But the world court thing is somewhat sticky because it gets in to constitutional issues. The Constitution is the highest law in the US, above even federal. It can only be changed by a 67% majority vote in congress, and then a vote from 75% of the states. Well, among other things, it guarantees citizens certain rights that the government can't take away (not that it doesn't stop them from trying from time to time). However if you say the world court has jurisdiction over US citizens, over the supreme court, then you are subjecting them to a court that doesn't recognise those rights. Not that they might not have a similar set, but the Constitution is pretty clear on this point.

    That's the real issue here, but it highlights a problem with things like a world court. It is hard to have something like a world government when the world can't agree on what kind of laws it should have. I'm going to guess China has a real different idea of what speech should be criminal than the US does. Thus it is kinda hard to have a single judicial system that both would be under.

    1. Re:Not disagreeing with the basic premise by EzInKy · · Score: 2, Informative


      The Constitution is the highest law in the US, above even federal. It can only be changed by a 67% majority vote in congress, and then a vote from 75% of the states.


      Actually the States can amend the Constitution without Congressional interference by holding another Constitutional Convention.

      --
      Time is what keeps everything from happening all at once.
    2. Re:Not disagreeing with the basic premise by SillyNickName4me · · Score: 3, Interesting

      However if you say the world court has jurisdiction over US citizens, over the supreme court, then you are subjecting them to a court that doesn't recognise those rights. Not that they might not have a similar set, but the Constitution is pretty clear on this point.

      There are a few problems with this reasoning.

      First of all, if the USA deals with USA citizens commiting war crimes or the other things the ICC deals with, then the ICC never comes into play. It only becomes a problem when the USA refuses to deal with war crimes or similar commited by its own citizens.

      The ICC is a last resort for those cases where countries refuse to deal with things themselves.

      The USA (as usual according to many) has had no problem whatsoever forcing such things onto others (going back to at least the end ofWorld War II, and much more recently, Serbia).

      So, again the USA wants to force things onto others, while being exempt from those things itself. What is more, they want to be able to let war criminals go unpunished if that comes in handy for whatever reason.

      because of this, I find the constitutional argument a weak one at best, a theoretical argument that as long as the US justice system works properly will never ever become more then theoretical.

    3. Re:Not disagreeing with the basic premise by Itchyeyes · · Score: 3, Insightful

      Oh please... one can make a myriad of logical arguments for disliking the US, however yours is not one of them. Any representative government that submits itself to something other than the will of the people who it represents is failing in its primary duty. When American law and international law conflict, the US government's duty is to its citizens, not to some international community. The same goes for any democratic government.

    4. Re:Not disagreeing with the basic premise by flosofl · · Score: 3, Insightful

      And, by extension, when state law and federal law conflict, the state's duty is to its citizens, not to some federal community.

      And when local law and state law conflict, the local government's duty is to its citizens, not to some state community.

      And -- last but not least -- when individual morals and local law conflict, the individual's duty is to itself, not to some local community.
      You just gave a great example of reductio ad absurdum .

      Specifically, your chain of logic fails on its first link: "And, by extension, when state law and federal law conflict, the state's duty is to its citizens, not to some federal community"

      There is no "federal community". There is a federal government. And in some matters the state is subordinate to the federal government as spelled out in the US Constitution. And local municipalities are subordinate to states as spelled out in their constitutions. And so on. So your argument is not well thought out.

      Additionally, the relationship between state and federal is *not* the same as US and the international community. In the US the relationship between states and the federal govnerment are determined by the US Constitution (well, the interpretation of the Constitution by the Judicial Branch). Our relationship with other countries and the international community as whole are bound by Alliances, Treaties, and Agreements. However, such relationships are superseded by the US Constitution. If a treaty violates or nullifies a portion of the Constitution, that treaty is void in the US.
      --
      "This calls for a very special blend of psychology and extreme violence" - Vyvyan "The Young Ones"
    5. Re:Not disagreeing with the basic premise by JesseMcDonald · · Score: 2, Insightful

      And local municipalities are subordinate to states as spelled out in their constitutions. And so on.

      And there your chain of logic fails. Local and state governments may indeed have placed themselves in a position of voluntary subservience to the federal government through their constitutions (essentially making them subsidiaries of the federal government), but no such relationship exists between individuals and any level of government. My statement that "when individual morals and local law conflict, the individual's duty is to itself, not to some local community" stands on its own as a parallel of your claim regarding democractic governments (in this case a government of one), and does not depend on the prior two statements. I am willing to admit that the relationship between local, state, and federal governments may be different than my post implied, but my conclusion still stands stands:

      If . . . governments are required to oversee interactions between individuals, then a world government is necessary to oversee interactions between nations. . . . [T]he lack of necessity of a world government proves the lack of necessity for local/state/federal governments.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  13. Re:Priorities by Gryle · · Score: 2, Interesting

    Well you're wrong because poverty is much greater in china.

    [sarcasm]That's one mighty convincing arguement you have there.[/sarcasm] Seriously, where are your supporting facts or sources to back-up your claims? The burden of proof rests on you.

    --
    Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
  14. The US was a great nation by Opportunist · · Score: 4, Insightful

    With bold people pushing the frontiers. When "don't ask what your country can do for you" actually meant something, when it wasn't a blurb spinned by politicians, but actually heeded by them and even the industry, too. Great men and women who wanted to push the boundaries and make the nation (or humanity as a whole) better and more advanced.

    Today, the US is what the rest of the "civilized" world is: Fat and afraid. Fat and lazy, unable and unwilling to lift a finger and not caring about tomorrow, not caring what happens to the world around them as long as they can get rich without having to do anything for it. Inventive? At best in the "how to get rich by doing nothing" department.

    And afraid that this might change.

    Btw, don't feel left out if you're not from the US. That's pretty much true for most of Europe, too. When I look around myself, all I see is fat, lazy and very frightened people.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  15. Re:Apparently RIAA lost hope in people of U.S. by smack.addict · · Score: 2, Insightful

    No, it's not.

    Price is not a product of the cost of production. It is a function of the value people see in it. If they don't want to pay the cost of the IP, they don't get it.

  16. The US can't give a foot here. by Opportunist · · Score: 2, Insightful

    Looking at the import/export bill, if they gave any leeway to the counterfeiters would be a desaster. Let's look at the import/export bill.

    Agriculture? Well, the US has a lot of agriculture, no doubt. Still, it is highly dependent on imports and the exports don't mean a lot (especially with lots of them going to countries that won't ever pay).

    Industry? Well, considering that it's way cheaper to produce in the far east, and with Japan and the other Tigers pretty much owning the high tech market (let's shroud the car industry in silence, to protect the guilty), it's not really a big source of foreign money.

    Resources? Ever looked at that oil bill alone?

    So what's left for exports from the US? Simple: Services and "virtual goods" (IP, content, information, entertainment).

    Now, exporting services has a simple problem: You can't ship a haircut around the world. People have to come to your country with their money and spend it there. And if I look at the immigration requirements (even if I promise that I really, really wanna leave again, I wouldn't want to stay there longer than I have to, honestly, I have my ticket here...), I can understand that fewer and fewer people actually want to spend a vacation in a country where the gamble (whether you actually see more of it than a prison cell 'cause you remind someone of someone else) already starts at the airport.

    So what's left is virtual property. Content and so on. That's still where the US shines. Movies and music is still a strong export article of the US. Computer programs (Windoze, anyone?), intellectual property and patents held by US corporations...

    Imagine what the foreign trade balance would look like if the US backed off here.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:The US can't give a foot here. by Opportunist · · Score: 2, Interesting

      That's what IP and IP laws should be about.

      What it actually is about is hampering competition. Company A claims some trivial patent so company B cannot use some trivial foundation to base its research upon without paying company A more money than it has for the actualy R&D.

      That's not innovation, that's quite the opposite thereof. And countries without a braindead version of IP laws will quickly take over and overtake the US. Because every researcher worth his or her salt will flee the US towards countries where R&D is headed by scientists and not by lawyers.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:The US can't give a foot here. by drgonzo59 · · Score: 2, Insightful
      Wasn't there a new item that US does not lead the world in innovation and tech progress anymore. I believe it....

      IP laws are so ridiculous here that they end up slowing down innovation rather than encouraging it. When you have patent hogs that all they do is accumulate overly generalized, broad patents, then sit and wait until someone uses them, then wait some more until 5 or 10 years pass and only then sue! "Oh, gee, we just noticed that, everyone is using a mouse pointing device and we had a patent for it filed in 1971, so we'll just sue the whole world for it and get rich?" I don't really see this modus operandi as being conducive to innovation, it is all just a get rich quick business...

  17. A sad commentary on our nation... by Anonymous Coward · · Score: 3, Insightful

    Pretty sad that our biggest beef with China trade-wise is over the profits of the entertainment industry rather than the human rights and pollution issues of their industries that want to sell products here.

  18. Re:Piracy is such a way of life in some Asian . . by samuraiz · · Score: 5, Interesting

    Since censorship and withholding information are bad making these DVDs available has to be a good thing. YES! This is the precise point I came to this thread to make.

    Let me tell you what is playing in Beijing cinemas right now: Flyboys, Sixteen Blocks, A Night at the Museum, Eragon, and probably a Hong Kong flick or two.

    Not to pass judgment on any of these movies in particular. I enjoyed a couple of them, myself. But do you see the pattern? These are the most popcorn, inconsequential, and super-commercial of Hollywood's output. There isn't a challenging, thought-provoking moment among them. It was a national event when we got Casino Royale, "uncut!" (Those might have been projection glitches, but I have my doubts.)

    I mention this because movies are only approved for legal DVD sale if they can pass the censorship to make it into theaters in the first place. The studios are full of shit when they claim that they're losing money, because there are no legal DVDs worth buying in the first place. The legal movies are pretty cheap, they have decent Chinese subtitles, and they're certainly easier to get than the pirated stock. People aren't buying for the same reason ticket revenues are down in the States: the movies suck.

    Do you want to see the award-winning art movie that everybody on the internet is talking about? If you're in China, you have to buy it off the street or in a hidden back room. If a Chinese person wants to see a piece of provocative film art about their own country, they have to buy a pirated copy. Even the better popcorn fare is banned: we didn't get Dead Man's Chest because the yarr matey pirates are a bad moral example to the tender, innocent Chinese public.

    I work in the Chinese film industry, making domestic commercial movies. We probably lose money to movie piracy (although it was virtually impossible to find an illicit copy of Curse of the Golden Flower- which shattered Chinese BO records). But part of the job description at the office is to stay on top of international trends. There are only two ways to do that: piracy in the office, or massive travel budgets to send the whole office to Hong Kong every couple of weeks- which we can't do either, because the Chinese citizens in the office aren't free to travel there unrestricted.

    I know it's too much to ask for principled international leadership from my mother country, but if the United States government would pull their heads out of the MPAA's ass for one minute, I might hope that they would see that piracy isn't what's killing Hollywood's profits in China- the State Administration of Radio, Film, and Television is. And they're keeping the domestic industry at a third-world level while they're at it.

    How about some WTO threats about that?

    (Also, while I'm dreaming, if they could apply some pressure to make the Chinese fish less lead than fish and the air more air than choking soot, that would be fantastic.

    Why do I live here, again?)
  19. Re:So when will the US pay *us* back? by SillyNickName4me · · Score: 2, Insightful

    As everyone can now see, signing the Berne Convention has brought nothing but trouble to the US. Before that the default was for works to be in the public domain and creators had to register for protection. And what really gets me is we did it at a time when creating an electronically searchable database of copyrighted works was becoming a real possibility. I have a great respect for the modern liberal ideals of Europe and would like to see the US incorporate many of them, but Berne is simply unforgivable.

    The problem of the Berne convention is not automatic copyright. Automatic copyright protects small and individual producers and allows them to concentrate on creating content instead of being bogged down with formalities. It protects creators from their content being stolen (as in, a draft copy of a book being stolen for example) and published before they could register it and so on.

    The real problem is that copyright lasts virtually forever, preventing works from entering the public domain.

  20. Priorities by DCheesi · · Score: 4, Insightful

    US response to China's widespread human rights violations, sweatshop labor conditions, and suppression of dissent: *chirp* *chirp*

    US response to China's half-hearted enforcement of US Big Media copyrights: OMG! WTF?!! We must complain and protest most vigorously!!!111oneone!

  21. The US actually filed two complaints by shadowspar · · Score: 2, Funny

    One thing that was glossed over quite a bit in the article from the Beeb is that the US is actually launching two WTO complaints about China. The CBC article says

    On Monday, the U.S. government said it would file two WTO cases contending that Beijing's lax enforcement of trademark and copyright rules violates WTO rules and that China is unfairly blocking sales of U.S. movies, music and books.

    It figures -- first they complain that the Chinese aren't selling enough US movies, music, and books. Then when they find a way to start selling them by the truckload, the US complains about that too. =)

    --

    There is a spellbook here; eat it? [ynq]

  22. Re:Wait a minute! by thePowerOfGrayskull · · Score: 2, Funny

    My cat took over the keyboard. I meant to ignore everything you wrote and go off on a tangent, but now it's too late.