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China Rejects US Piracy Claims As "Groundless"

eldavojohn writes "Earlier this month, a United States piracy list fingered China, Russia, and Canada as the first, second and third worst governments (respectively) for enforcing copyright policy in the world. China's Foreign Ministry has rejected these claims as 'groundless' just before meeting with Secretary of State Hillary Clinton and Treasury Secretary Timothy Geithner on Monday and Tuesday in Beijing to address copyright policy. The official Chinese statement read, 'The involved US Congress members should respect the fact and stop making groundless accusations against China.' The plan nevertheless remains to use the visit to pressure China into overhauling its failed attempts to curb piracy, since software piracy in China appears to be a social norm, with the Chinese government possibly even leading by example."

29 of 302 comments (clear)

  1. As compared to what? by durrr · · Score: 5, Insightful

    Software piracy in china appear to be social norm, along with the rest of the world.

    1. Re:As compared to what? by radicalskeptic · · Score: 4, Informative

      MAYBE, but in your country you walk a block to the local DVD store and choose from a selection of thousands of pirated DVDs, each selling for the equivalent of 1.25 USD per disc? That's what it's like living in any city in China. It's probably impossible to buy a NON-pirated DVD in China (I for one have never seen one!). Technically these shops are breaking the law, but the relevant laws are not enforced.

      Another example of the higher level of piracy is Baidu's music search. Baidu is the Chinese equivalent of Google, and using mp3.baidu.com you can find pirated mp3s of pretty much every song you'd want to hear. They block some of the files if you are accessing it from a foreign IP address, though. Check this search I just did (from inside China). Can you imagine if Google had a site like this? It would be sued into oblivion (although blogsearch.google.com can get pretty close!)

      Even on TV, pirating is rampant. Talk shows and reality shows often take their background music the soundtracks of popular films like the Lord of the Rings or Star Wars, and something tells me they aren't coughing up royalty checks for that.

      --
      WARNING: If accidentally read, induce vomiting.
    2. Re:As compared to what? by psnyder · · Score: 5, Insightful

      While there's a lot to criticize about governmental policies in China, Russia, and... Canada?... at least they're not wasting millions of man hours trying to enforce the copy restrictions of other countries.

    3. Re:As compared to what? by Daengbo · · Score: 5, Interesting

      I don't get how Canada can be in the top three while Thailand isn't Thailand basically has the same views on copyright as China and Russia do, but Canadians pay a "copyright tax" on all blank media, which goes to the media industries. The media industries are being paid. What's the problem. (I'm not Canadian.)

    4. Re:As compared to what? by commodore64_love · · Score: 4, Insightful

      Ya know.....

      I think whoever accused Canada as 3rd worst is a real asshole. Canada DOES have relevant laws about piracy - they collect approximately 1% per blank cassette, CD, or DVD sold, put that money in a central fund, and use that fund to provide financial backing for artists. That's Canadian law. That's the solution they chose and exercised for the last ~30 years.

      Now maybe the Congresscritters don't like that law, but last I checked Canada is not a US protectorate. (Unless they are secretly planning to turn the provinces into states 51 to 60). I think it's about time the European Union, the British Commonwealth, and BRIC step-up and tell Washington DC to "Shut up!"

      As for the Chinese dude, he's obviously lying but at the same time I think he's taking the right approach - "We're not your serfs. You will not boss us around."

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    5. Re:As compared to what? by commodore64_love · · Score: 5, Interesting

      Flamebait? He stated the truth. But he also left out this part: The US is so vehement to protects its music, movies, and so forth because, like Rome at the end of its life, the country has nothing left to offer the world except entertainment. The US wants to protect that cashflow, else it would go bankrupt.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    6. Re:As compared to what? by Anonymous Coward · · Score: 5, Informative

      The problem is the greed of US based evil IP industries who don't like consumer friendly laws.

    7. Re:As compared to what? by blackraven14250 · · Score: 3, Insightful

      If each side pushes further apart, the whole system will fall apart. Media companies need to make it quality, cheaper and DRM-free; pirates need to get over their righteousness and just buy the damn stuff when the companies do that.

    8. Re:As compared to what? by ultranova · · Score: 4, Interesting

      MAYBE, but in your country you walk a block to the local DVD store and choose from a selection of thousands of pirated DVDs, each selling for the equivalent of 1.25 USD per disc?

      In my country, people download pirated copies from the Internet for free. They will in China too, as Internet continues to propagate and the Great Firewall continues to be bypassed in more and more effective ways.

      Technically these shops are breaking the law, but the relevant laws are not enforced.

      And why would they? Enforce copyright law -> send money to Hollywood, don't enforce copyright -> money stays home. It acts as an effective toll barrier, helping Chinese economy grow. We should learn from that, not condemn it.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    9. Re:As compared to what? by Anonymous Coward · · Score: 3, Informative

      In the rest of the world we go to a "rental" store, borrow an original copy for the equivalent of 1.25 USD, take it home, and make our own copy.

    10. Re:As compared to what? by dryeo · · Score: 5, Informative

      As a Canadian I don't understand it too. I've just about never seen pirated material for sale (exceptions like garage sales where a cdr might be mixed in a bunch of legit used CDs). I have seen in the local paper where the police have busted someone for commercial copying software. Someone was recently sentenced to jail for taking a camcorder to a movie.
      Where we are different from the States. The courts have interpreted making available completely the opposite of the American courts and it is legal to make personal copies of music, even if you don't own it. And there is no DMCA.
      I think it is just America trying to pressure our current pro-American government to make crazy laws taking away our freedoms as usual.
      Unluckily America is powerful and so anti-freedom that they've come out the other side where the average American honestly believes they are free.
      Example, someone here was just extradited to the States to spend 5 years in pound in the ass prison for selling seeds. By Canadian law this should of been illegal as the most he would of got here was a couple of hundred dollar fine, and that only because America threatens us if we legalize selling seeds.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    11. Re:As compared to what? by gemada · · Score: 5, Insightful

      This is a bullying tactic by the american lobbyists to try and get Canada to implement draconian copyright legislation and a DMCA.

    12. Re:As compared to what? by Ralph+Spoilsport · · Score: 5, Interesting
      It's not as simple as that. you have to look at what the USA makes.

      TVs? nope. (not on the map)

      Radios? nope. (not on the map)

      Computers? nope. (very distant 5th)

      Refrigerators? nope. (not even on the map)

      Steel? nope. (distant 4th)

      Automobiles? nope. (distant 4th)

      Trucks? nope. (distant 3rd)

      Furniture? Nope.

      So, if the USA basically doesn't make anything of significant value in quantity, HOW is it #2 in manufacturing?

      Weapons.

      Number #1 with a BULLET.

      The USA's biggest industry is the exercise of its imperial reach and the development of devices that do not produce wealth (outside the imperial model of invasion and theft), which means that its method of acquiring resources has met the law of diminishing returns and is in a state every empire faces prior to its collapse. (Tainter, Joseph A. The Collapse of Complex Societies. Cambridge: Cambridge University, 1988.)

      Don't get all huffy at me, I'm just reporting the news...

      RS

      --
      Shoes for Industry. Shoes for the Dead.
    13. Re:As compared to what? by AK+Marc · · Score: 3, Interesting

      I like to support people that make things. They just don't let me. So I steal it. When there is no way to buy a product with specific features, but the pirated copy has those features by default, then the pirated copy is both worth more and costs less.

      If they'd just make it available for purchase in no worse format than I can steal, then I'd buy it.

      Or, to make it a car analogy, I can buy a Ford for $20,000 or get a kit from a guy down the street that costs me $2000 and is faster with better mileage, increased safety and reliability that may happen to infringe on a Ford patent or two (being a direct rip-off with improvements Ford refuses, for some reason, to include in their own product), why would I ever go to a dealership if I can get away with using the cheaper and better-in-every-measurable-way rip-off?

      No, I *like* to pay for what I use. Hell, I've even donated to pirate sites and/or parties. But I can't bring myself to pay for something deliberately crippled when there exists a less crippled version already available that's superior in every measured way. That's not the moral choice, that's the stupid choice.

  2. FOSS by markdavis · · Score: 4, Informative

    I hope they do start to enforce copyright more on software. It is likely to steer them more towards FOSS solutions and that will ultimately benefit them and everyone else, too.

    1. Re:FOSS by Yfrwlf · · Score: 3, Insightful

      Getting rid of copyright law would benefit the world more than FOSS. Without copyright law, source code can be legally copied no matter what. Copyleft is just a stopgap for a bigger problem and shows the benefits of what anyone can do once empowered.

      I praise the Chinese government for standing up against U.S. corporations pushing their desires through their puppets.

      --
      Promote true freedom - support standards and interoperability.
    2. Re:FOSS by markdavis · · Score: 3, Interesting

      I am not in favor of getting rid of software or media copyrights. I think there is an absolute place and need for them. But I am in favor of greatly reducing their lengths, which have grown way out of control. In today's world, a copyright should not last for more than maybe 10 years.

      FOSS and traditionally copyrighted software can and do exist together quite fine. And they also play nice together, giving software developers and users lots of choice and possibilities.

      Software PATENTS, on the other hand, are just horrible and should go away. They destroy all innovation, create needless complexity, chill all markets, ruin consumer choice, and hurt players of all sizes.

    3. Re:FOSS by eldavojohn · · Score: 3, Interesting

      I praise the Chinese government for standing up against U.S. corporations pushing their desires through their puppets.

      I think you need to restrict your statement to just software. While, yes, the RIAA and MPAA are probably pressuring the US government to do this, I do not think the response to ignore it altogether for music and movies helps. There's a happy medium somewhere and it's not the abhorrent 90 to 120 years that the US has while I equally think that the Chinese government's "0 day" copyright protection would make music and movie production a near impossible profit in China (movies would be right out while musicians would need to depend on only live performances). Just think how much China's Hollywood or music scene would dwarf the United States' if they had an enforced ~20 year copyright policy. After all there are four times as many citizens there than here. Shouldn't they be producing roughly four times the amount of music and movies the United States does? I know they have more than I see but I get the feeling they see more American media due at least in some part because of this (note: not entirely).

      For software, I have a similar attitude about the length of copyright but I think what you're overlooking is that a lot of companies start in software because it's copyrighted and later end up funding or contributing back to open source. There aren't a lot of Red Hats or Canonicals and even then those have their own in house code projects. I don't see licenses like the GPL or BSD as "stopgaps," I see them as a solution to coexistence and freedom to decide what your creation becomes. You want to hobble it with a copyright license of insane length proportions? Go right ahead, it is America "land of the free" after all.

      --
      My work here is dung.
    4. Re:FOSS by markdavis · · Score: 4, Informative

      You are confused. Open Source (FOSS), http://en.wikipedia.org/wiki/FOSS , is a free license that a developer/writer/creator is free to choose or not to choose. Open Source does not mean the destruction of copyright and its existence does not take away your rights to use traditional, closed-source, licenses. In fact, FOSS *depends* on copyright law. Supporters of FOSS are not trying to destroy nor take away copyrights, nor commercial software development. It is just an alternative.

    5. Re:FOSS by RobertLTux · · Score: 4, Informative

      And part of the GPL a lot of folks don't get is YOU CAN ACTUALLY SELL YOUR PROGRAMS

      also the letter of the GPL states that you must give
      1 your patches to the upstream programmers
      2 your source to THOSE PEOPLE YOU HAVE SOLD THE BINARY TO

      also the GPL does not cover the assets included (sample files and such)

      so all you really need to do is include your source (and toolchain instructions) and you should have it made.
      (oh btw yes you can have your direct customers giving others a copy of the source but...)

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
  3. Re:Afica?!? by dpolak · · Score: 3, Informative

    It is BS. They don't like our tarrif based system for music. Buy a blank CD and a portion of it goes to the recording industry. They want us to adopt their laws so they can start the lawsuits the RIAA and MPAA are so famous for. Sorry, we will fight it tooth and nail. Our privacy, unlike the US, is paramount here. BTW, having friends and colleagues that live and work in China, they have told me countless times that companies, such as Micro$oft, encouraged piracy so the population will get hooked on the product and they can increase their market share. One of my friends actually worked for M$ and he confirmed it. That was 6 years ago, he has moved on since.

  4. I love it! by ratboy666 · · Score: 5, Informative

    Canada is up to #3 Woohoo!

    Warner Music Canada, Sony BMG Music Canada, EMI Music Canada, and Universal Music Canada are responsible for (up to) 6 billion worth of infringement themselves. Just a bit more than the 710 million claimed.

    http://www.thestar.com/business/article/735096--geist-record-industry-faces-liability-over-infringement

    Then again, its probably statutory damages vs. actual losses.

    Still, I'm proud to be on the list again. Thanks!

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  5. The US position is understandable by SmallFurryCreature · · Score: 5, Insightful

    The US position is understandable as is the position of the rest of the world.

    The US is gearing itself more and more to an IP economy, sell knowledge/ideas rather then the products themselves. Apple thinks of the iPod and gets paid for this idea while the actual production and shipping can be done somewhere else. The US is not involved at all in a iPod sold in Holland. So how does Apple ensure it gets paid if not with the enforcement of the concept of IP that tells people you can't just copy their design?

    With software and media content, who cares who made it originally? Despite claims by MS that copies of its software have malware pre-installed (they must be thinking of Sony's PC, that now come with a paid for feature to get a clean install) the fact is that I can save myself a lot of money by just heading over to the piratebay for my game PC. (And yes I do still buy games, just not the OS and no I don't care about a raid because I got dozens of licenses lying around from machines that got liberated with the help of the penguin)

    And for me, a MS license is not all that expensive for someone living on minimum income, in a nation where a license can come close to a months or even years wages... well the choice is even easier.

    The US by continuing to turn into a knowledge only culture (describing the US as a knowledge culture, I am going to have to hand in my EU citizen card for this one) is doing the samething the Brits did pre-WW2. "Why should we produce our own food when we can have foreigners do this for us cheaper and can then use our country side for hunting instead". Capital idea, except that nasty Mr Hitler threw a spanner in the works by sinking the ships bringing in the food. What a rotter.

    The knowledge/IP economy only works when everyone is willing to play along. It is easy to argue that everyone benefits but clearly not everyone seems to agree. With a physical goods economy (the one the US got really really big on) it is easier to force people to play along. You can just stop shipments if someone breaks the rules. And it is rather hard to steal 1000tons of goods. Just ask the somali pirates what happens to you when you try to steal US cargo. "TRIPLE SYNCHRONIZED HEADSHOT!" (in Unreal commentator voice). And that is if you are a lucky pirate. The russian put some in a rubber boat that just somehow managed to sink... well worse things happen at sea, especially if you upset russians.

    But IP? You don't even have to go to the source, the "victim" just happily sends it to you. If the US wants to sell a DVD in China, it got to send the DVD and then just anyone can copy it/steal it. It is an insane system to rely on for your economy. You don't see Shell going around filling everyone's gas tank then hoping they will pay up?

    What is China's motivation for respecting US IP? So that money from its economy floats to the west? How does that aid them? (Well it would allow the US to at least start paying some of its massive debts back) The US is banking its economy on a sector were you really depend on the kindness of strangers. Which seems odd since that is not really what capitalists are best at.

    When Germany declared war on Britian, they had to spend a fortune on submarines to attempt to "sink" the UK's economy. If China were to declare war, all it would need to do is stop payments for IP. Oh and stop sending goods. No need to sink cargo vessels, just not let them sail anymore. The battle for the pacific would be won with a piece of paper. What would the US do, bomb Chinese ports to force the sunken ships to sail? Block Chinese banks so the money for IP couldn't be transferred even more?

    An IP based economy relies far to much on the recognition that IP has to be paid for and to anyone who doesn't have IP that recognition has no positive sides. China/Russia/Canada/EU/Africa do not gain anything from recognizing US IP. Sure, they probably play along because their politicians either want to keep the peace or are corrupted by lobbyists, but how long will that

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  6. Not Canada by Das+Auge · · Score: 5, Interesting

    I can't really speak for China or Russia, but Canada is no more a haven for pirating than the US. What makes Canada a "problem" is that they have some of the best laws in the world regarding the privacy of its citizens. So that means that a corporation can't just go to an ISP and demand information on a random user and have their account suspended without due process. So Canada's problem is that it values people over corporations.

    Oh, and for the record, I'm an American, not Canadian; and yes, I am jealous.

  7. From here in China... by hengdi · · Score: 5, Informative

    I live in China (Harbin, to be exact).

    The ONLY shops here that seem to sell legal software are some of the supermarket chains. In fact, the only legal software I see in any quantity (and not much of that)are PS3 games, since they haven't been cracked yet. These sell for about 300-400 rmb ($40-$60). Compare that to any other computer game of 4-7 rmb ($0.5-$1).

    Same thing with movies. I can often buy the DVD release of a movie before it's available in the west, complete with picture insert and so forth, for around $1.

    I understand that music is not a big seller since everyone downloads it.

    I often discuss this my students (I'm an English teacher) and, quite literally, EVERYBODY buys / downloads / uses copied media. It's part of the fabric of the country. Since the government love to keep the people happy, you aren't going to see any change whatsoever on this in the near future, despite whatever the Chinese government may say.

    The only two examples I know of that seem to 'sell' software with any success is WOW, since they have a separate Chinese micro-payment system, and QQ, an instant messaging service, which also handles micro-transactions (you can upgrade your avatar with extra clothes, and many other things - I've never looked to closely).

  8. Sorry but fuck the US then by Phrogman · · Score: 4, Insightful

    We Canadians are abiding by our laws just as well as any other country in the world, including the US. Its just that the US Media conglomerates have not succeeded in shoving their idea of strict IP laws down our throats yet, despite their best efforts at bribing our officials. As a result, we see entirely biased bullshit like this announced.

    I am sure that in China there is a problem with recognizing the rediculous way that patents and IP are being treated. People are copying technology and selling it and thats probably a real problem for US companies that rely on obedience to US laws to enforce their business models. I can imagine that some of the same is going on in Russia. But Canada? What is the possible origin of lumping Canada in there? Could it be that we have a (gasp) different understanding of fair use and so far (despite our "Conservative" government) have stuck to our guns and maintained our stance? I pay an extra few bucks every time I buy data CDs - why? Because that money is (theoretically at least) being collected to compensate Canadian artists should I choose to do something that infringes on their rights - even if all I actually do is, you know, use them to store data/do backups. Its legal in Canada to download music you don't own I am told (I don't listen to more than a few songs a year on my computer and I think I have a total of 12 mp3s on my system), its just illegal to upload it. I suspect that our stance on fair use, and unwillingness to just roll over and take it up the ass from US companies is the origin of the inclusion of Canada on this list.
    Well fuck them then.

    --
    "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
  9. As a proud Canadian I can say the following... by BlackBloq · · Score: 3, Insightful

    Go fuck yourselves or pay me back my cash you assholes!

    Wiki \/
    A blank media levy was introduced in Canada in 1997, by the addition of Part VIII, "Private Copying", to the Canadian Copyright Act. /\
        On every blank CD or DVD I have bought in the past seven years or so! That's about 1000 DVD's. I'm a photographer backing up MY OWN WORK. And still paying a copyright fee because I May have copied. Lame fucking shit. American lobbyists stay the fuck away from my parliament!

  10. you are correct, it's the cost by zogger · · Score: 5, Insightful

    1.25 USD per disc

    That the main point and why so called "piracy" is also rampant in these various other nations. These media distributors are seriously price gouging, they have some insane idea of what their "copies" are allegedly worth, so the market routes around their idiocy. And everyone knows it. If they made these copies closer to that chinese knock off price, that is also closer to a "fair" price for duplication copies using today's tech. They could make up the difference on volume sales. Instead, 20 bucks a disk, DRM, warnings, etc, then bitch up and down and sideways over piracy.

    I mean..duh

    Back when making a physical copy actually cost a whole lot more, charging an appropriate price was fair and understandable. This is not the case now, especially with digital downloads, let alone what everyone knows is the price for blank media and making copies in bulk. The **AA cartel just needs to get seriously real on prices, they should have done it years ago. What they charge to *rent* a disk they could afford to just outright sell it, and still make good profit, especially if they kept the packaging costs low. Just stick them in cheap printed paper sleeves, sell for a few bucks, at least have that option. If people wanted the full jewel case and liner notes, swell, charge another couple of bucks, up to but not exceeding five dollars. $20 for a disk is out to lunch, 99 cents for a few megs download is out to lunch as well, the old "allofmp3" prices were a lot fairer.

    And yes, to nip the indignant knee jerk reaction in advance, I am fully aware of production costs. That's not the point, they are carved in stone, called a sunk price, after that you want to sell as many copies as possible to make your profit. "Oh noes, I need to charge twenty for this stamped disk to make money, plus this is "what the market will bear". Nope, incorrect again, this is why there is so much piracy, the "market" mostly thinks 20 bucks for a disk is ludicrous, it is *not* bearing it except in way high paid a few nations and only a small subset in those nations. Look again at the parent post, a buck 25 is closer to what the global market of 6.5 billion people can afford. A small fraction of your potential market has enough disposable cash (now, watch as the economy keeps tanking...) to think 20 is cool, the vast bulk of humanity thinks anyone-you the media copy seller are nuts and will not pay that price, and they don't. It's been the collective global big finger to those sort of bloated prices.

        Stop price gouging on non scarce and very cheap resources, see what happens.

    1. Re:you are correct, it's the cost by bigredradio · · Score: 3, Insightful

      From my understanding AllofMP3 ripped a CD and started selling the rip. They had no production costs associated with the disc. The record companies did have to put a lot of money into production, artist costs, studio costs, mastering costs. The sunk costs is usually calculated with the fixed costs added to the variable costs per unit produced. In this case, your claim is the variable costs are much less. However, you have to include the overhead costs no matter whether a digital download or vinyl LP. I think that CDs are overpriced. But thinking the costs for a CD are close to 1.25 per unit is way off. Probably closer to 4.00. They also want to make SOME profit so they can stay in business. Mark up to $8 to get some profit. I always thought the $9.99 for an album on iTunes was fair. Charging $20 might be fair for a physical CD, but not a digital download.