18 Months In Prison For Making iPad 2 Cases
decora writes "Loretta Chao of the The Wall Street Journal reports on three people in China who were sentenced to between 12 and 18 months in prison for a plot to make iPad 2 protective cases before the tablet's official release. The plan allegedly involved R&D man Lin Kecheng of Hon Hai Precision Industry Company (FoxConn) selling image data to Hou Pengna, who then passed it to Xiao Chengsong, a manager at MacTop. The charges? One 'violated the privacy policy of the company,' two got information through 'illegal means' causing 'huge losses,' and they all 'infringed trade secrets.' The decision was handed down by the Shenzen Baoan People's Court on June 16."
!8 months prison for failure to pay the appropriate bribe.
Chaos - everything, everywhere, everywhen
It's good to see China taking IP seriously for a change.
I do not fail; I succeed at finding out what does not work.
This goes on all the time Im sorry they have to be locked away but I think as a whole were far to consumed with consuming and it makes nothing safe. I just find a lot of chinas business practices to be money over EVERYTHING and somehow the world has to get a hold on it, and themself
Have you seen muh baseball?
What you are about to witness is real. The participants are not actors.
They are the actual people who have already either filed suit or been served a summons to appear in a Chinese Military court. Both parties in the suit have agreed to dismiss their court cases and have their disputes settled here, in our forum: The Shenzen Baoan People's Court!
This is not China taking IP seriously as a matter of principle.
This is China taking the needs of Foxconn seriously, and in this case, Foxconn's need is to demonstrate to its clients that it can be trusted with their sensitive commercial materials, such as the specifications of as-yet-unreleased products.
How is this bad for Apple? Isn't having cases available a good thing?
There's no -1 for "I don't get it."
When I lived in the United States, one of our contractors was arrested and sent to prison for industrial espionage (I think the charges were probably mail fraud and the like). He was trying to sell our source code to a competitor, the competitor called the feds, and the feds set up a sting operation while the competitor "played along" as if it were going to pay him for our source code.
They arrested two of our people (both contractors), one was quickly let off though because it turned out he had been duped by his "friend" into lending him a mailbox for a supposedly innocent purpose (the mailbox was to be where the payment would be delivered). I don't remember what was handed down to the guilty person in the end other than it involved some jail time.
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Dunno if they could, but am I the only one who thinks this is a over the top punishment?
These guys engaged in industrial espionage, pure and simple.
Why make it out like they are victims?
They didn't get time in prison for making iPad 2 cases, but instead for stealing the secrets necessary to make them before the iPad 2 even came out.
http://lkml.org/lkml/2005/8/20/95
Do you ACs get paid to post crap like this? This's The People's Republic of China we're talking about, not just any other "their country."
A small number of Chinese entrepreneurs are being crushed for the economic crime of noticing, seizing upon, and capitalising on an opportunity. Nobody was harmed in the process, but they're being crushed anyway, either for stepping out of line or for not paying the correct bribe.
Hearing that this stuff still happens crushes my soul. You should be ashamed for not feeling the same (never heard the term "empathy"?).
Spent any time in the Bamboo Archipelago lately? Their lives will not be much fun in the next few years, and for what? So some Chinee bigshot can tell Steve that his secrets are safe. Yay. If I were Steve, I'd be slapping Foxconn exec heads for creating yet another unnecessary employee relations debacle.
"Tongue tied and twisted, just an Earth bound misfit
They can't; they live in China.
Following up on The Right to Read, posted in relation to a story yesterday, maybe we also need someone to write a parable about the right to sew.
OK, so somebody "stole" the length/width/heigth (sic) of the iPad.
But the right to sew is imperiled by the fashion copyright bill.
I'm not a lawyer, but I play one on the Internet. Blog
Do you ACs get paid to post crap like this? This's The People's Republic of China we're talking about, not just any other "their country."
This is not the People's Republic of China we are talking about, this is the CEO of a not very large company bribing Foxconn employees, and a Foxconn employee working in Research & Development allowing himself to be bribed to give confidential information to outsiders. You'd go to court and probably to jail in any western country for the same crime.
So some Chinee bigshot can tell Steve that his secrets are safe.
Most idiotic thing I've seen posted here. Do you think Apple has no right to ask suppliers to not give details of future products away? And do you think suppliers then don't have a duty to tell their employees? And do you think that employees who are told that part of their job is to not talk about their customers' future products then have the right to sell exactly that information to the highest bidder?
"Almost two months ago three individuals were charged with selling the designs of Apple's latest tablet to Maita Electronics for 200,000 yuan (about $30,857.60 USD). They have now been sentenced in Shenzhen City: 'Xiao Chengsong, the legal agent of Maita Electronics, to 18 months in prison and fined him 150,000 yuan ($23,000) for buying the design from two Foxconn workers ... Foxconn employee Lin Kecheng, was sentenced to 14 months and fined 100,000 yuan, while another worker identified as Hou Pengna was given a two-year sentence suspended for one year and fined 30,000 yuan. All three were convicted of the crime of violating commercial secrets.'"
And only one was sentenced to 18 months ... unless the associated press article I quoted was wrong.
My work here is dung.
If you are afflicted with the disease of only brand loyalty, even then I don't think you would care about someone somewhere making some third-party unlicensed accessories for your brand because you can just buy the official products and ignore cheap knock-offs.
The people saying "good" here do not merely have brand loyalty, they are members of a religious cult with the same drives as Islamic extremists who blow up aircraft and buildings. They may not themselves ever commit acts of terrorism, but they see anything outside of their cult as dangerous - especially when their one true corporate cult may be suffering a miniscule dent in their profits because someone is making unlicensed accessories.
Apple fanbois are part of what they consider to be a holy jihad against everyone else, their's is the one true way and all outsiders are infidels.
I'm already at an age where I've lived more days than I have in front of me and whilst I am lucky enough to have good health and happiness, I realise that each day there are more and more people in this world who are selfish materialists who care only about money and have no regard for their fellow man - as such, it makes eventually passing on from this life less scary because I really wouldn't want to live in the world these people are creating.
When dictators like Qaddafi commit genocide on his own people, those idiots won't bat an eyelid - but the moment their religion is attacked, that's a different matter.
BS. The PRC has *total* and *complete* control in China. If you think the PRC doesn't control the strings in China, you're the one who's avoiding reality.
For the dimensions of an iPod?!? Why the fsck would that be $SECRET?!?
"Tongue tied and twisted, just an Earth bound misfit
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I am not surprised and if this happened in the US, there could be similar punishments. Industrial espionage is a criminal offense in the US as well, although I am not sure what the punishment terms are.
A case is such a secret superior advanced new technology that people making them need to be put in prison.
Clearly they are a major threat to us all.
I am surprised they didn throw their corpses in the see......
that's the way i see it. you do have winners and losers though. but then again, i guess that's all that matters these days, no?
I can already hear it
"I sent letters to apple complaining about Foxconn before it was the right thing to do" -sent from my iPod
It's apple people. Just make it look cool, and they'll shove live ammo up their asses.
that man just told you his family members got killed, not the best time to nitpick.
the wall street journal used quotes, i used quotes. they are quoting the chinese court ruling.
thats what you do when you are quoting someone else. you use quote marks.
For the dimensions of an iPod?!? Why the fsck would that be $SECRET?!?
Because a lot of the competition in the tablet market at the moment revolves around thickness. Your product being 1mm thinner than the competition is seen as a real differentiator. Knowing how thick Apple's next iPad (not iPod, read the title, even if you don't RTFA) can give you a commercial advantage, because you can then create a marginally thinner one, and you can start the development aiming for this before Apple's version is released. Also, if you know the dimensions then you can make a pretty good guess at the power dissipation (heat) and the size of the battery, which gives you a lot of useful information, if you're one of Apple's competitors.
There's a reason that companies try to keep information about unreleased products private: they lose a lot of the first-mover advantage if the competition can release something better two weeks later.
I am TheRaven on Soylent News
AFP is not the associated press, its Agence France Presse.
and the two articles (WSJ vs AFP) are completely different, so one of them is wrong.
Central penitentiary, or Central "up the Yin-Yang" penitentiary?
As long as it's a chinese company that was infringed (Foxcomm). Oh yeah, isn't apple a chinese company? It out to be, everything it sells is made there...
They would give them a medal if it were a trade secret from a mainland US company.
I wish they would stop with these yellow journalism stupid heading that are just wrong.
No they didn't go to prison because they made a case for the iPad, They went to prison for stealing IP secrets.
Here is a better headline "3 Chinese sentence 18 months for stealing iPad specs before released"
If something is so important that you feel the need to post it on the internet... It probably isn't that important.
For the dimensions of an iPod?!? Why the fsck would that be $SECRET?!?
So you're saying that it should be up to the employee who agrees not to disclose a trade secret whether or not it really is a secret, and if in the judgement of the employee it is not, they should be immune from prosecution when they share that trade secret?
Yeah, no problems there...
You're special forces then? That's great! I just love your olympics!
They're not going to dub the trial into English and show it on daytime TV, are they?
Of course, that webpage happened to be Wikileaks.
What's with the inflammatory headline? And why is China's "justice system" considered to be any more broken than the USA's?
Didn't we used to hear that Kevin Mitnik wasn't even allowed to use the phone while in prison because officials were worried he could whistle into the mouthpiece and launch nuclear missiles?
If anything, the Chinese handed down a reasonable sentence for industrial espionage, because that's what this case is. In fact, it's a more reasonable sentence than some handed out here in the "land of the free".
If telephones are outlawed, then only outlaws will have telephones.
ha ha. WHAT?
A "trade secret" isn't IP, its not defendable (without a specific agreement) and it certainly is not defendable by the state.
I agree in taking a stand against rampant piracy such as in china where they know everything off....but i do not think this is what they meant, i think they were hoping to actually get the big companies, and not some lone users/small time chimps
A small number of Chinese entrepreneurs are being crushed for the economic crime of noticing, seizing upon, and capitalising on an opportunity. Nobody was harmed in the process, but they're being crushed anyway, either for stepping out of line or for not paying the correct bribe.
So who gives a toss then?. If it's just about making money why weren't they clever enough to pay the fucking bribes?
To have a right to do a thing is not at all the same as to be right in doing it
So, misleading headlines for a slashdot story... huge surprise. What I don't get here is, what's the "worldview" behind this spin, people who are OK with the idea of industrial espionage?!?!
Would have expected a few executions to be in order.
so you write a headline that sums up the story, then you put the specific charges in quotes. just like the WSJ did.
oh, why didnt i call it a 'leak' case? because there is no legal definition of the term 'leak'. it is a biased and misleading term, that presupposes some sort of criminal activity and has a negative connotation in the reader's mind.
this case is not a whistleblower case, but whistleblower cases are where this bias of the word 'leak' becomes most apparent. a very good description of the problem is in Jesselyn Radack's book (former DOJ lawyer and whistleblower) Canary in the Coalmine. Another example is the Thomas Drake case. .. . . he was not even charged with disclosure of information, but so many headlines claimed it was a 'leak' case as to bias the public against him. It encouraged what was basically defamatory statements.
Technically, you could call these cases 'spy' cases. We don't usually use that term any more... but 'leak' has been so intermingled that the two are becoming messily intertwined.
I try to avoid using 'leak' in any headline, i try to avoid using it at all really.
What could i have titled this story?
18 months in prison for disclosing image files about the ipad2
18 months in prison for photographing the ipad2
18 months in prison for selling ipad2 info
What were these people doing, though, exactly? They were trying to make ipad2 cases. Those headlines imply stuff that is not there.
I would like to contrast my article with the Agence France Presse article. It said that these people were jailed for giving out information that would enable someone to create a rip-off ipad2. To clone it. This is an utterly ridiculous statement, and yet, there it is, sprayed all over the entire planet, by AFP and its professional reporters and editors.
But look at those alternative headlines I have given up there. If I wrote '18 months in prison for selling ipad2 info', then that is what automatically leaps to the readers mind. They got some sensitive information about the secret chips inside the thing, or they got the crypto keys to it, or they did something that would allow unlocking or jailbreaking.
Those are wrong. Those implications are wrong. You have to have the 'cases' thing in there, otherwise you are misleading people about what actually happened.
What would have been a better headline?
What about those of us who complain about the anti-Apple sentiment, who aren't Apple customers? Do we just do the same?
Please tell me, because your argument has ridiculed and humiliated me, therefore proving without a doubt that everything I say is factually incorrect. What am I to think now in the face of unassailable logic?
You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
As I understand it, when you quote someone else, you're supposed to quote at least two or three words in a row. Quoting one word is like saying "alleged".
the communist government can call it a 'trade secret', i call it a photograph of a prototype. parroting whatever comes out of a govrenment mouthpiece is not the way to maintain 'accuracy' in a news article. case in point, thomas drake indictment said repeatedly he 'gave classified information to a reporter'. he never did, there was no evidence he did, they didnt criminally charge him with doing it, the judge ruled that he didnt do it in any way the government said he did. they just wrote a bunch of shit in the indictment to make him look bad. thats the 'accuracy' you get from following government printouts.
"18 Months In Prison For Selling iPad2 Case Design Secrets"
i like that one, but it still wouldn't fit in the slashdot title editor thing.
"18 months in jail for selling ipad2 case schematics"
i would love to have someone to bash around headlines with everytime i write a story but unfortunately this is not kuro5hin.org, and we get only one opportunity to write the thing.