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Chinese Court Rules Microsoft Violated IP Rights
angry tapir writes "A Beijing court has ruled that Microsoft violated a Chinese company's intellectual property rights in a case over fonts used in past Windows operating systems. The Beijing Number One Intermediate People's Court ordered Microsoft to stop selling versions of Windows that use the Chinese fonts, including Windows XP. Microsoft plans to appeal the case. Microsoft originally licensed Zhongyi's intellectual property more than a decade ago for use in the Chinese version of Windows 95, according to Zhongyi. Zhongyi argues that agreement applied only to Windows 95, but that Microsoft continued to use the intellectual property in eight versions of Windows from Windows 98 to Windows XP. Vista and Windows 7 are not involved."
Shouldn't Zhongyi have reacted a bit sooner?
If one was really interested in revenue, the very next version ought to have been challenged.
---- Teach Peace. It's Cheaper Than War.
How convenient to stop selling older version of Windows. Does it also stop support for those version in China?
So who buys software in China???
It fascinates me that China thinks they can simultaneously not give a shit about IP in every day practice, yet still think a ruling like this will have credibility.
Since when does anyone in China actually buy Windows XP?
A Chinese company trying to pinch Microsoft for IP theft. That's funny.
I'm no Microsoft fanboy, but I have to wonder what minuscule percentage of Chinese Windows installations are actually using legit copies of Windows. Based on my few years of time in Beijing and being in Chinese GOVERNMENT offices where every copy of the OS and Office that I saw used a pirated license key (yes, every last one), I can't help but get a big belly laugh out of this.
I'd type this in Chinese, but I fear that would just be piling on. :)
MS should just stop selling Windows in China, it isn't like anybody actually buys it over there anyway.
Yesss... du du du, duh du dut dut Hammertime....
Errr... I mean it is terrible that and IP abuser evil monstrosity... errr a respectable innovator like Microsoft would be the victim an IP attack like this.
In China of all places ROFLMFAO
It's used all over, but no one's paying money for it.
In an ideal world, yes. Each case on its merits and all that but. But if a serial mugger chooses the wrong victim and gets kicked to death then so be it.
Rough justice has a certain poetic appeal, don't you think?
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
And that's why 2010 will be the year of Linux... in China.
Will the capitalist running dog Steve Balmer kowtow to the Chinese after writing a self-criticism?
Pass the eggrolls.....this is going to get interesting.
"The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
Why fight it? It seems like a much cheaper solution would be for Microsoft to pay a fee for each copy of Windows sold in China.
>Zhongyi argues that agreement applied only to Windows 95
It took them over 10 years to notice their fonts were also being used in 98, 2000, xp, vista, and 7???
... wake up with smelly finger.
You'd think a people who came up with such wisdom would have known better.
Wow, now if this isn't a prime example of the Pot calling th Kettle black, I don't know what is.
I think pointing out the arbitrary nature of law enforcement is ALWAYS relevant to any issue regarding the law.
There's really no way to argue otherwise.
How is this insightful? He didn't even make a coherent point?
Are you saying MS doesn't give a shit about IP?
Why does that matter when they'reneither a sovereign nation nor a court of law, thereby making it impossible for their opinion to be interchangeable with the court of law of a sovereign nation?
Please try to ACTUALLY MAKE A POINT in the future, you totally failed here.
"In most places, the would-be victim would then be up on a manslaughter charge"
No they wouldn't.
Mental note: I must remember to check the the "Anonymous" box when whinging about moderation of my posts.
No mod, making a point about the ridiculousness of reading MY post,and modding it down, then reading a post that AGREES, and modding it up, is NOT flamebait.
And honestly, it does make you an idiot if you do so, as someone did here.
Please try to avoid being wrong when you use your points in the future, thanks.
will be paved with companies that don't think doing business in China is important.
STOP . AMERICA . NOW
"The hypocrisy of China is irrelevant to the issue at hand."
No sir, the law is based on treaties, and I strongly suspect the reciprocal application of the treaty is in fact, a requirement of the law, as it is in most such treaties.
So, if China is NOT applying the law adequately in everyday practice, then MS may very well be ableto use that as evidence that China isn't upholding their end of the treaty.
So, you see, it IS relevant, despite your pontification that it isn't.
is there any proof of any of these operating systems actually legally bought in china?
Nope, you couldn't possibly be more wrong if you tried.
http://en.wikipedia.org/wiki/Economy_of_the_United_States#Manufacturing
"USA is the leading manufacturer in the world with a 2007 industrial output of US$2,696,880 millions. Main industries are petroleum, steel, motor vehicles, aerospace, telecommunications, chemicals, electronics, food processing, consumer goods, lumber, mining."
Please educate yourself, so you're not making claims like "At least for us Americans IP is the only thing we still produce DESPITE HAVING THE LARGEST MANUFACTURING OUTPUT OF ANY COUNTRY IN THE WORLD".
Although is it fun to repeatedly inform you people who like to pretend you know what you're talking about that you do not, in fact, have ANY idea WTF you are talking about and have just proven so.
Would you please make it a car analogy?
sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
All i can say is "LOL" :D
"I wasn't wrong on any point."
You were wrong on this one, as I've proven.
"As I suspected, you didn't actually have a point. You just took a cheap shot at China."
"How do you expect to be taken seriously in a debate if you can't even be bothered to look who you are replying to."
Says the person to afraid to attach a name to their opinions...
Who to hate? Talk about Sophie's choice.
Clearly, Microsoft MUST withdraw WIndows 98, ME, 2000, and XP from the Chinese market, and refund the purchase money paid for said products. This should not cost Microsoft very much; after all, there can't have been more than one legitimate copy of each OS sold in-country. Microsoft would then be well-placed to declare all other copies of the affected products in the PRC illegal, and use the automatic-update feature to download a deactivating code. Microsoft should also apologize profusely to the font-sourcing company for the fact that their fonts would then be completely unused, then sell lots of Windows 7 upgrades. Oh wait, they can't actually sell Windows 7 in China, since they can't afford to pay for it due to the manipulated exchange rate for the Yuan.
Did I miss a russian reversal joke somewhere? Chinese government suing over IP infringement?
Vacuum cleaners suck. Kings rule.
Seems a little early/late for April Fools, did someone pick this story up from the Onion?
I think someone in China would actually have to BUY a copy of Windows first...
XP is no longer relevant at all. Microsoft does not sell it. It's all about royalties
I hear that this sort of thing is a capital offense over there.
That is all.
Really? I could have SWORN I made that point in this thread already...
Oh, I DID, here
http://slashdot.org/comments.pl?sid=1447608&cid=30137250
And here
http://slashdot.org/comments.pl?sid=1447608&cid=30137472
Hmm, did the composition level of those posts exceed your reading ability, or does there existence uncomfortably give lie to your previous assertions, that being the reason you pretend they don't exist?
Ok, how about, you're a liar when you say "Since you seem not to comprehend this" as I have irrefutably proven by posting points I made well before you decided to shoot off your d-sucker?
I discuss treaty reciprocity and selective prosecution in a thread about treaties and their prosecution, and some fucking imbecile decides it's "offtopic".
So, Mr. "I'm a fucking imbecile who doesn't know what off topic means", why are you wasting time giving input on a website when YOU DON'T EVEN KNOW WHAT THE FUCK IS GOING ON AROUND YOU?
Awesome.
I'll be sure to put on my Nykes and Leyvis and jump into my new Ferd Focus to drive over to the court house to support their case. And as I drive I'll probably watch my "screener" of the new "Twilight" movie on my iPhoon.
"So I think the delay in prosecution was likely reasonable."
Who cares what you think, you openly lie all thetime, like here for instance
http://slashdot.org/comments.pl?sid=1447608&cid=30137984
So, again,why should anyone care what you think when you'll openly lie about something everyone else can see in black and white?
I mean, you try to flame someone for not getting the point, when YOU YOURSELF COMPLETELY FAIL TO READ THE POSTS THAT PROVE YOU WRONG IN THE VERY THREAD YOU'RE REPLYING TO despite claiming you had?
Why would anyone care what you think?
...when you shoot your mouth off on our TV show.
THe only two that were truly irresponsible was reagan and W. Bush I inherited a bad situation from regean and then turn the deficits. Likewise, Clinton had balanced the budget by his last year. Right now, Obama has inherited a nightmare from Bush II, so it should be no surprise that we are currently spending. The question should be what will he and the dems do once the economy turns? WIll the reign in this deficit spending, or pull a neo-con and spend further? Likewise, Clinton tried to start a balanced budget amendment, but the neo-con controlled congress let him know that it had ZERO backing. Now, what will this dem congress do?
Because atleast now they have a legal reason to stop selling windows XP :)
"You just took a cheap shot at China."
But - China takes cheap shots at every one of us, every day with the trash they are marketing worldwide. How can anyone refrain from taking cheap shots at China?
Here, just have some milk chocolate from China. It'll help you feel better.
"Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
Seriously.
Over-the-top Response Guy! Giving "Over-the-Top Responses" since 1970.
So, in other words, you have no response to my criticism, which was not about China's legality, or even their hypocrisy, but about the term you actually used in your post, their credibility. Instead of discussing that matter directly, you retreat to supposed safer ground, their alleged failure to uphold certain treaty obligations (from which I suppose you believe it naturally follows that they have no credibility).
You start by deeming with zero evidence that China's "selective prosecution" is done in a manner which is in violation of treaty. We must accept this as a given. Next, you hold forth a pretend legal theory that somehow Microsoft gets to evade a trial court ruling by presenting to...someone...your imaginary fact that China is in flagrant violation. And you're so proud of this little theory you pulled out of your ass that you present it twice, and then quote yourself twice.
Just so we're clear, in your universe, Microsoft, instead of merely filing an appeal, will try to deny compensation to a small font foundry by first getting someone, presumably WIPO, to declare China a treaty scofflaw, and secondly getting WIPO to force China to vacate, overrule or decline to enforce this specific court ruling, and thirdly to have the expectation that they can still do business as usual in China after shitting all over its local laws.
"Irrefutably proven." I'll admit, I am in awe.
There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
Boy are they smart...
I think therefore I can't be ~TTNH
Irony at its finest.
It isn't "China" that's suing Microsoft, it's "a company based in China", there's a difference...
Hmm, not so long ago it was "Those evil communists don't respect IP rights...", but now it is bad that they do? Is this not simply because to some people, China simply can't do anything right, no matter what? It works both ways, you know.
Hah! How about asking Chinese to crack down a little on IP piracy themselves. "Herro... is this esteemed kettre? This is pot. Your appearance is dark!"
I don't doubt that MS swiped something from this company or over extended the contract, but come on! China. Stop living in glass house before starting to throw stones.
The Beijing Number One Intermediate People's Court ordered Microsoft to stop selling versions of Windows that use the Chinese fonts, including Windows XP
So now Microsoft cannot sell Windows 95-XP in China. But wait, Microsoft stopped selling those operating system some time ago. Anywhere.
1. Zhongyi started the law suit in 2007. MS used some legal stalling techniques until the verdict was finally out today.
2. Zhongyi didn't sue for monetary gain. They asked for $0 but immediate halt of selling those OSes. In the end although it sounds like they win, they actually lose.
3. To learn more about Chinese legal system, please refer to chinalawblog.com, a blog written by a partner of a Seattle based law firm who deal with Chinese law suit extensively.