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Chinese Writers Sue Apple Over IP Violations

hackingbear writes "A group of 22 Chinese authors have filed a claim against Apple, alleging its App Store sells unlicensed copies of their books. The Writers Rights Alliance, founded by Han Han, a young popular Chinese author and the worlds' most popular blogger, who is known for his cynical criticism of the government, petitioned Apple last year to stop electronic distribution of the writers' books and had earlier persuaded Baidu, China's largest search engine, to stop publishing their material on its Baidu Library product."

143 comments

  1. Freedom by Anonymous Coward · · Score: 0

    But information wants to be free! It's ok for someone else to sell that information and not pay you for it because that's what information wants!

  2. Hard for the little guy by wrathpwn · · Score: 5, Interesting

    If it had been Apple or any other giant corporation who had been wronged, the victor of the case would be clear. I hope this guy wins his case and shows them that individuals have the same rights as giant organizations.

    1. Re:Hard for the little guy by Anonymous Coward · · Score: 0

      It' a clear-cut case of commercial copyright violation.

      300,000 USD per copy.

    2. Re:Hard for the little guy by Anonymous Coward · · Score: 0

      I can't imagine Apple itself just stole that IP.

    3. Re:Hard for the little guy by wrathpwn · · Score: 2

      Does Apple sell these books on their own behalf on the App Store? I think it's possible that someone else put this up as their own work, and Apple just trusted them or accidentally let it slip through the review process.

    4. Re:Hard for the little guy by Anonymous Coward · · Score: 0, Funny

      You must be new here. Apple is always wrong, and they are a big evil corporation..

    5. Re:Hard for the little guy by Anonymous Coward · · Score: 1, Informative

      They do get a nice 30% commision and unless there is an indemnification clause on the publisher/developer agreement, Apple did profit from the IP theft.

    6. Re:Hard for the little guy by phantomfive · · Score: 1

      It might be, if it were in the US (let me point out that it's hard to say it's a 'clear-cut' case of anything when we don't even know where the case is filed).

      As it is, we don't know where the case is even filed, so we don't know what set of laws we are supposed to use to judge the case's merits. All we know is that they are seeking $8millionUSD.

      Note that if they have a strong case, there are plenty of lawyers who would be willing to do that work for a cut of the winnings.

      --
      "First they came for the slanderers and i said nothing."
    7. Re:Hard for the little guy by Fluffeh · · Score: 1

      I can't imagine Apple itself just stole that IP.

      Indeed, it seems to be too blatant an abuse for Apple to do. Then again, considering some of the rank amatuer moves done by big music, I can't say that I would be totally stunned if it were indeed that blatant a move on Apples part.

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    8. Re:Hard for the little guy by ninetyninebottles · · Score: 5, Informative

      They do get a nice 30% commision and unless there is an indemnification clause on the publisher/developer agreement, Apple did profit from the IP theft.

      First, it is copyright violation not "IP theft". Please don't conflate the terms as they have entirely different legal basis in most jurisdictions. Second, in the US commercial copyright infringement is punishable by the company having to pay a fine and reimburse the copyright holder unless it was knowledgeable about the copyright infringement first and refused to remove the offending content, in which case the court can award damages. So assuming this suit was filed in the US, Apple can pull the books from the store, reimburse whoever owns the copyright the profit on the 30% of each sale (which is almost nothing after operating expenses, Apple's store is about selling things cheaply in order to make money off of hardware), pay a fine, and sue whoever submitted the books to recoup the loss if they care enough. All of this, of course, presuming there is not some weird situation we don't know about or the suit was filed in China and the laws there are significantly different.

    9. Re:Hard for the little guy by cavreader · · Score: 1

      It's clear until Apple drops a few hints about possibly moving their manufacturing to another country. China is not the only country with a large number of worker-slaves willing to work for $1 per hour. Not to mention the Chinese have based thier entire economy and technology advancements by stealing IP from whoever they want. Why spend money on R&D when you can just steal the end result with impunity? The Chinese government makes economic policy decisions that benefit those at the top of the party hierarchy. Any benefits to the average citizen is just a bonus. I am still trying figure out how there can be billionaires in China when the government is supposedly communist in nature At least the US comes right out and clearly states upfront that everything is geared toward generating wealth.

    10. Re:Hard for the little guy by davester666 · · Score: 1

      and by 'cut', they would take approximately 95-99% of the money, between expenses and the base percentage for winning

      --
      Sleep your way to a whiter smile...date a dentist!
    11. Re:Hard for the little guy by Kalriath · · Score: 1

      Actually, I would argue that when done on a commercial scale it is theft. Since the people who obtain the infringing copy are paying for it, often believing they are paying the legitimate rights holder, one could say these very much are literally lost sales, and the infringer actually is stealing from the rights holder.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    12. Re:Hard for the little guy by ninetyninebottles · · Score: 5, Insightful

      Actually, I would argue that when done on a commercial scale it is theft. Since the people who obtain the infringing copy are paying for it, often believing they are paying the legitimate rights holder, one could say these very much are literally lost sales, and the infringer actually is stealing from the rights holder.

      Apple is the one making copies in this case so they are the copyright infringer. The company that licensed the copyright to Apple could be committing fraud by licensing things they don't have legal rights to. Neither action is theft.

      Theft is when you take something from someone, violating what most cultures believe to be the natural right to own goods. IP violations, on the other hand, are when you infringe upon a government granted monopoly on a particular kind of expression, expression which is itself a natural right. Confusing the two is promoting a very dangerous misunderstanding, that IP rights are somehow intrinsic and that you somehow naturally have the right to stop other people from repeating something you said or drawing a picture that looks like one you drew. This is not an unintentional problem. There has been a huge PR campaign for decades now to blur that distinction in the minds of the people to distract from the fact that in the US those IP rights are only supposed to be granted for the promotion of useful arts and sciences and that our current laws do no such thing, only funneling money into the hands of cartels that control distribution channels.

      So I say again, this is about copyright violation and please, please, please stop referring to it as theft. The distinction is vital.

    13. Re:Hard for the little guy by AK+Marc · · Score: 1

      First, it is copyright violation not "IP theft". Please don't conflate the terms as they have entirely different legal basis in most jurisdictions.

      No. "IP theft" is clear in meaning. You may not like the word "theft" but the phrase is clear in meaning and unambiguous, regardless of jurisdiction.

    14. Re:Hard for the little guy by Anonymous Coward · · Score: 0

      IP theft is when you illegally take away someone's patents, trademarks or copyrights.

    15. Re:Hard for the little guy by Gadget_Guy · · Score: 0

      The distinction is vital.

      No, it is not. Calling it one term or the other makes no difference to anybody's understanding of this story. We don't need to be perfectly accurate to any legal definition as /. is not a court of law, just a bunch of people chatting.

      I believe that you only think that it is vital because you want to justify to yourself you own torrenting of movies and CDs. Why else does the word "theft" attract so many responses around here while all the other incorrect terms and misuse of the English language slip by with nary a word?

    16. Re:Hard for the little guy by AK+Marc · · Score: 1

      And how would that be done? Copyright fraud (falsifying documents to appear to have done something they did not do)? Or breaking into the patent office and altering pages? Either one could be considered IP fraud, thus leaving "IP theft" as an unambiguous descriptor of copyright...

    17. Re:Hard for the little guy by Anonymous Coward · · Score: 0

      China has not been communist for a long time now. It is basically now a capitalistic state without all the regulations that the USA teaparty/libertarian/etc people complain about. In other words, want to know what life with a "free market" would be like? Go visit China*.

      * Granted, it is not quite a free market in China with the crony-ism happening, vestiges of the party days.

    18. Re:Hard for the little guy by Kalriath · · Score: 0

      Well no, the distinction is irrelevant. Because this is being performed on a commercial level, it actually is theft, unquestionably. A sale that the original author should have had they no longer do, while someone not the original author does. The original author is actually being deprived of something. Ergo, theft.

      This is not to be confused with regular old individual copyright infringement. While technically the individual is doing the same thing, there is no guarantee they would have bought the item anyway (though there's also no guarantee they wouldn't - suck it piracy advocates), hence there's no absolutely certain way to tell if the author actually is being deprived of something. Then again, they may still be. It's an interesting debate but not one I'm willing to pursue. Too damn philosophical.

      Then again, most people found guilty of copyright infringement (i.e. Jammie Thomas) probably would prefer they just outright called it theft. 300 hours community service is a hell of a lot less life-destroying than 7.5 million dollars.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    19. Re:Hard for the little guy by Anonymous Coward · · Score: 1

      Actually, yes it is.

      Also, the slashdot that we know is formed by a punch of pedants who care about details. GTFO off my slashdot.

    20. Re:Hard for the little guy by Gadget_Guy · · Score: 1

      Actually, yes it is.

      That's a pretty poor argument. Care to back that up with an explanation?

      Also, the slashdot that we know is formed by a punch of pedants who care about details.

      That doesn't explain why just one particular term gets disproportionately high attention.

    21. Re:Hard for the little guy by Anonymous Coward · · Score: 0

      more, some of those people will download and make it available for free ont eh internetz(torrents and such), so Apple must pay more!

    22. Re:Hard for the little guy by aztektum · · Score: 1

      Would a customer that bought it on iTunes have bought it if it wasn't on iTunes?

      --
      :: aztek ::
      No sig for you!!
    23. Re:Hard for the little guy by marcello_dl · · Score: 1

      I am for giving the money to the original author, in this case, but realize that having commercial interest is in general irrelevant.
      Example: I put up a business as a scribe. Hieroglyphs, ok? Then y'all are "stealing from me, causing lost sales" by using the roman alphabet, which anybody can decode, instead of coming to me for my services.
      Does it make any sense?

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    24. Re:Hard for the little guy by Anonymous Coward · · Score: 0

      At least we know we can safely "steal your IP" and get away with it! Thanks for the heads up.

      Once you attempt to take a clear case of copyright infringement to court, and keep telling the judge the crime was theft, assault, rape, and murder, he will just throw it out.

      So you keep promising to only bring charges of theft, and we will keep getting away with it! :D

    25. Re:Hard for the little guy by Gadget_Guy · · Score: 1

      Did you actually read that part where I said that this is NOT a court of law? Even when lawyers do post here, they always make it clear that they are not giving legal advice. And really, is anyone discussing this here actually in a position to take a case of copyright infringement to court? I doubt it.

      My original statement stands. We can call copyright infringement "theft", we can call cutting down the rainforests "raping the environment", we can murder a curry, and Carrie Bradshaw still assaults our eyes. And all this without having to consult a lawyer.

    26. Re:Hard for the little guy by Anonymous Coward · · Score: 0

      No. "IP theft" is clear in meaning.

      Yes, it means "doesn't have a specific law against it, so we'll compare it to theft because it's almost like something illegal".

      And then afterwards people like you complain that todays youth don't know that copying is against the law.

      Of course they don't, they've always been told it's almost like illegal.

    27. Re:Hard for the little guy by Anonymous Coward · · Score: 0

      Stop being a word rapist.

    28. Re:Hard for the little guy by Anonymous Coward · · Score: 0

      The more people that come to believe a lie, the more that begin repeating it and perpetuating the misunderstanding.

      You made an assumption so I will too, and ask who are you shilling for, shill?

    29. Re:Hard for the little guy by Gadget_Guy · · Score: 1

      The more people that come to believe a lie, the more that begin repeating it and perpetuating the misunderstanding.

      But why should anyone care? It does not make any real difference to anyone, and it certainly doesn't lead to any misunderstanding. Why is it so important that the word theft cannot get mentioned around here without more than one person whining about it? Why is it that hardly anybody similarly jumps in whenever the words loose or lose are used, and are invariably interchanged (eg. you will loose an argument)? If it is so important not to mix up theft and infringement, why doesn't everyone also correct the many people who make basic grammatical errors?

      You made an assumption so I will too, and ask who are you shilling for, shill?

      Do you really think that this is an important issue that anyone would want to pay me to get people to say theft instead of copyright infringement? It is not like people calling it one thing over another is going to have any effect on whether people actually pirate stuff, nor will it change the legal status.

      And at least I am willing to sign in before I post, unlike the three Anonymous Cowards who have replied to me so far. I stand by my statements. But hey, if you can't come up with any real arguments, why not throw around the shill accusation. It saves you having to think!

    30. Re:Hard for the little guy by drinkypoo · · Score: 1

      I hope this guy wins his case and shows them that individuals have the same rights as giant organizations.

      I hope that they're told to fuck right off until China starts listening to our copyright complaints.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    31. Re:Hard for the little guy by cavreader · · Score: 1

      I have been to China and it definitely does not look like a communist country, at least in the big cities. The ruling party is capitalist but they still tell their citizens they are following the communist doctrine and anyone who has a problem with it and becomes too vocal gets hauled off to the labor camps and prisons for re-education.

    32. Re:Hard for the little guy by Anonymous Coward · · Score: 0

      It sounds like the criminals did something very similar to identity theft. You still have your identity but someone else is illegally using that identity to commit various other crimes. Oftentimes an identity thief will claim to be someone else to enter into a business agreement with a bank, credit card company, etc. Your identity is similarly intangible as your IP. In this A third party, claiming to be the legal IP holder, entered into a business agreement with Apple. While I wouldn't consider infringement on an individual level "theft", this instance does appear to meet that standard.

    33. Re:Hard for the little guy by Cigarra · · Score: 1

      As others pointed out, China is not communist. It is fascist corporatism the way Mussolini only dreamed about: an all powerful totalitarian state allied with pseudo capitalist corporations.

      --
      I don't have a sig.
    34. Re:Hard for the little guy by AK+Marc · · Score: 1

      And then afterwards people like you complain that todays youth don't know that copying is against the law.

      I never made any such claim. Why must you lie to support your position? Is it that you realize you are wrong, and thus lies are required?

    35. Re:Hard for the little guy by Kalriath · · Score: 1

      Worst... strawman... ever. We're talking about someone's specific work being taken and sold with no compensation to the original author, not someone writing a completely different book and selling that.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    36. Re:Hard for the little guy by Kalriath · · Score: 1

      Besides the bloody point. It was available, for sale, legally. Someone made an unauthorised copy and sold that, without compensating the original author. If it happens that the product literally wasn't available at all except via the unauthorised copy, I personally feel it would be more ethical to pirate it than pay the infringer.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    37. Re:Hard for the little guy by cavreader · · Score: 1

      One of the smartest policies by China's current ruling party elite is not making any big effort to spread their communist ideology to other countries like Russia attempted. Russia let their communist propaganda take center stage when they tried to influence other countries. The US used this to justify fighting them but China has basically removed that justification in their foreign affairs. They approach foreign relations amorally and basically don't give a shit about other countries ruling methods or the people living there as long as they get what they want in terms of trade. They deal with anyone from brutal dictatorships to democracy based countries without a second thought. If the US would just stop with the "spreading democracy" horseshit it would bolster the US economic position without resorting to military threats or actions. If a country cannot and manage their own society using their own initiatives and policies why waste money and time trying to force foreign help on them? As long as these countries pose no risk outside of their borders who gives a shit? Afghanistan and Iraq were giving the chance to re-build their societies without worrying about Saddam Hussein and the Taliban looking over their shoulder but failed to do so. And while this approach might seem extreme and heartless any private organization is welcome try to support these countries using their own resources without any government involvement. What if Japan had not taking advantage of US intervention and help? They went from a defeated and demolished country to become one of the most successful countries in the world in a relatively amount of time because they bit thier tongues and accepted outside assistance.

    38. Re:Hard for the little guy by Anonymous Coward · · Score: 0

      IP Violantions are usually considered 'theft of service'. The type of theft you are describing is 'theft of goods.'

  3. Re:hahahaah irony by crossmr · · Score: 5, Insightful

    How do you say moron in English?
    Do you think any of these authors were doing any infringing themselves, or were you just so desperate to make that predictable joke that you couldn't bother to take your brain out of idiot mode long enough to think about it?

  4. Apple doesn't sell unlicensed IP on their Store by tyrione · · Score: 2

    Perhaps a third party publisher who believes they own the rights to publish the writings does, but it sure as hell won't be Apple.

    1. Re:Apple doesn't sell unlicensed IP on their Store by Anonymous Coward · · Score: 0

      Perhaps a third party publisher who believes they own the rights to publish the writings does, but it sure as hell won't be Apple.

      Who's store is selling this again? I'm sure store owners that sell counterfeit products are never prosecuted because it's the counterfeit product manufacturers selling their products through the store, nothing to do with the store owner, they can just dictate the terms, absolve themselves of responsibility and still a cut of the sale...oh wait, no they can't!

  5. Re:hahahaah irony by digitig · · Score: 3, Insightful

    After all, there is only one Chinese person, with only one opinion, isn't there? Just as everybody on /. agrees about everything.

    ji1feng3, since you asked. Sorry, /. doesn't seem to let the Chinese script through.

    --
    Quidnam Latine loqui modo coepi?
  6. Re:hahahaah irony by ozmanjusri · · Score: 1

    fengci

    --
    "I've got more toys than Teruhisa Kitahara."
  7. known for his cynical criticism of the government by larry+bagina · · Score: 0

    Whoever wrote that doesn't understand ``cynical'' or ``criticism''.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  8. Two minute justice resolution. by pikine · · Score: 4, Interesting

    Some third-party publisher, who have no agreement with the original author, uploaded the books to Apple for sale. Apple obliged, found the content to be reasonably tasteful, but didn't check if the third-party holds the copyright. The original author doesn't get a penny from the transaction. What makes it complicated is that Apple makes a percentage of the profit. If the original author did not agree to the profit structure, then Apple becomes an accomplice.

    My two minute judgment is that (after completing a motion to discover number of copies sold and transactions made) Apple should reverse any credit deposits to the third-party, and pay for the irreversible parts out of their pocket. Apple should forfeit their share of the proceeds from selling the unlicensed books. Apple will also pay for a small percentage for statutory damage. All these should go to the original author. Then the author has a right to choose whether they want to enter an agreement with Apple to continue selling their books, even negotiate a favorable rate if they want to.

    Meanwhile, Apple will be ordered to conduct a copyright check before selling. Apple might even start charging a fee to the publisher. This final point might change digital publishing landscape yet again.

    --
    I once had a signature.
    1. Re:Two minute justice resolution. by Crypto+Gnome · · Score: 2

      Sure this is just me making assumptions and I have never published a book via Apple but one would expect that the standard form legalese involved in the transaction would clearly state "I the undersigned claim copyright over the published work and indemnify Apple against any lawsuits" (or words to that effect).

      If it doesn't then Apple deserve the resultant pain and suffering.

      --
      Visit CryptoGnome in his home.
    2. Re:Two minute justice resolution. by broken_chaos · · Score: 2

      You can't indemnify an entity against lawsuits from a third party.

    3. Re:Two minute justice resolution. by phantomfive · · Score: 3, Informative

      Yes you can, it would be weird to indemnify someone for a lawsuit filed by yourself.

      Basically what you are saying is, "I will pay for any costs incurred to you by lawsuits resulting from my negligence, lies, or mistakes." It's highly probably that such language is in the contract. What that means in China is somewhat more questionable.

      --
      "First they came for the slanderers and i said nothing."
    4. Re:Two minute justice resolution. by Anonymous Coward · · Score: 1

      There will be a standard publishing contract. This isn't any different because it's Apple as publisher, or bits as ink. The publisher's contract will insist that the 'author' -- in this case the third party uploader -- holds true copyright.

      They didn't; they lied. So Apple has the same protection as ink publishers.

      Just like in the ink world, the original author sues the publisher. The publisher will now show in court who fed them the bogus goods, and the original author will then have to sue the bogus-er.

      There is no legislation requiring Apple or ink publishers to do more to ascertain a submitting author is the true author. The true author will /only/ have further suit against Apple if it can be proven that Apple actually knew the work broke copyright before being notified.

    5. Re:Two minute justice resolution. by Anonymous Coward · · Score: 0

      No contract is set in stone, no matter what it says. You can sue anyone for anything, regardless of contracts in place.

      Seriously. This is how the system works.

    6. Re:Two minute justice resolution. by Anonymous Coward · · Score: 0

      This just means that Apple can go after the entity it had the indemnify agreement with. It doesn't mean that Apple is off the hook--just that they may be able to recover more from their former partner.

    7. Re:Two minute justice resolution. by phantomfive · · Score: 1

      No contract is set in stone, no matter what it says. You can sue anyone for anything, regardless of contracts in place.

      You can also be laughed out of court, then counter-sued. Seriously, that is how the system works. Also, you seem to have failed to understand what indemnification means. Hint: it doesn't mean someone can't sue you.

      --
      "First they came for the slanderers and i said nothing."
    8. Re:Two minute justice resolution. by Kalriath · · Score: 1

      It's not so much indemnity as liability shift. Basically, Apple would be held liable for the amount, but they have a contract permitting them to recover their liability via civil action from the party they have a contract with.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    9. Re:Two minute justice resolution. by Splab · · Score: 1

      So basically, I can let anyone upload any works to my homepage - as long as I make sure to explicitly state that I expect the uploader to indemnify me? And on top of that I can make money on it?

      I can see no problem with this...

    10. Re:Two minute justice resolution. by Anonymous Coward · · Score: 1
    11. Re:Two minute justice resolution. by gnasher719 · · Score: 1

      Just like in the ink world, the original author sues the publisher. The publisher will now show in court who fed them the bogus goods, and the original author will then have to sue the bogus-er.

      I believe Apple's contracts also say that they can ask for all payments back. Actually, if you sell a book for $4.99, and Apple kept $1.50, if you stole the contents of the book Apple can ask for the whole $4.99. Whether there is anyone who can be made to pay is a different question.

      I think it would be quite reasonable for the real copyright holder to ask Apple in this case for the $3.49.

    12. Re:Two minute justice resolution. by nedlohs · · Score: 1

      Sure you can.

      And when you get sued and a court orders you to pay $10,000,000 to some party you can now ask that uploader for the $10,000,000 and take them to court for it if they don't cought up.

      Of course if they don't have $10,000,000 or the court doesn't consider your statement legaly binding or they are under a jurisdiction that won't enforce it then you are still liable for that $10,000,000 (or the part they didn't pay up anyway).

    13. Re:Two minute justice resolution. by CCurzon · · Score: 1

      You sure can, as long as you don't actively encourage illegal posts and agree to take them down once notified about them. Just like every site that has user generated content.

  9. Re:hahahaah irony by M0j0_j0j0 · · Score: 1

    Why you posted that? don't you know the predictable joke is modded down on /. ?

  10. Re:Chinese Writers... by Anonymous Coward · · Score: 0

    The original title is "Chinese writers' group sues Apple: state media", so it's a mistake of the submitter to leave out "group" and not adjusting the verb.

  11. Haha! That's hilarious by SilverJets · · Score: 0, Troll

    Chinese complaining about someone pirating their stuff.

    Here's a tip to Mr. Han. "You live in a country where stealing is endemic. I suggest you move to a country where the law and the government actually care."

  12. Re:Haha! That's hilarious by Anonymous Coward · · Score: 0

    Chinese complaining about someone pirating their stuff.

    Here's a tip to Mr. Han. "You live in a country where stealing is endemic. I suggest you move to a country where the law and the government actually care."

    Do you know who Han Han is?

  13. wait a minute... by alienzed · · Score: 4, Insightful

    I thought Intellectual Property laws protected creators from other creators, not from retailers... Apple's terms and conditions clearly state that anything submitted to their store must be legal to sell in the first place. This is a grab for attention, nothing else, and the accusers are only wasting their time.

    --
    Never say never. Ah!! I did it again!
    1. Re:wait a minute... by Anonymous Coward · · Score: 3, Insightful

      I thought Intellectual Property laws protected creators from other creators, not from retailers... Apple's terms and conditions clearly state that anything submitted to their store must be legal to sell in the first place. This is a grab for attention, nothing else, and the accusers are only wasting their time.

      So it's perfectly legal to sell counterfeit goods so long as you didn't actually create said goods and your 'terms and conditions' state that you have been told by the supplier that the goods are legal to sell in the first place? Sounds like a nice way to absolve yourself of responsibility.

    2. Re:wait a minute... by ninetyninebottles · · Score: 2

      I thought Intellectual Property laws protected creators from other creators, not from retailers... Apple's terms and conditions clearly state that anything submitted to their store must be legal to sell in the first place. This is a grab for attention, nothing else, and the accusers are only wasting their time.

      So it's perfectly legal to sell counterfeit goods so long as you didn't actually create said goods and your 'terms and conditions' state that you have been told by the supplier that the goods are legal to sell in the first place? Sounds like a nice way to absolve yourself of responsibility.

      It's not "perfectly legal". It is, however, only slightly illegal and puts the majority of the financial burden on the company that has claimed the goods they are selling (or license they are granting) is legitimate.

    3. Re:wait a minute... by AK+Marc · · Score: 1

      As Apple isn't mailing out physical books, but instead is creating a copy on every sale, they are a content "creator" (as in distributor/copier), and thus are exactly who the copyright laws were written to cover. Apple's terms require that it be legal to sell. But that doesn't mean they are legally in the right once somone else disagrees with the rights as asserted by someone else, otherwise, 1984 would still be on Amazon Kindle. It was legally loaded up by someone with rights to do so, then sold elsewhere where the person who uploaded it did not have rights to sell it.

    4. Re:wait a minute... by Anonymous Coward · · Score: 0

      Factor out the hyperbole and it becomes this:

      1. Apple goes, "So, this guy Y over here made false representation that it was his work. You'll want to sue them."
      2. Apple takes the infringing work down.
      3. Apple sues Y for fraud and damages.
      4. And Apple goes, "Hey, here's all of your evidence against Y in case you want to sue them, too."

      That's what Apple's contracts are for, to make Apple come out okay in the end.

    5. Re:wait a minute... by zullnero · · Score: 1

      I wouldn't normally be one to stick up for Apple, but yes. If the company actively scans and rejects illegal material (and we know Apple does, because if you haven't gotten a rejection notice at least once, you don't have a lot of experience dealing with Apple...), and illegal material gets submitted and is accidentally approved regardless of the state of its legality, the only thing that Han Han can get out of a lawsuit is a takedown of the illegal works, as far as I know. IANAL, of course, but logically speaking that's the best he could expect out of a lawsuit. If it weren't Apple, and they were suing to get a link removed from your website, the best you'd expect them to do to you would be to make you delete the link.

    6. Re:wait a minute... by MacDork · · Score: 1

      I thought Intellectual Property laws protected creators from other creators

      Funny, I thought they were To promote the Progress of Science and useful Arts.

    7. Re:wait a minute... by hateu · · Score: 0
    8. Re:wait a minute... by RazorSharp · · Score: 1

      A couple thoughts your post inspired:

      1) Most copyright laws are outdated and ill suited to account for digital content

      2) The international nature of digital distribution makes dealing with varying copyright laws a huge pain in the ass

      3) 1984 should be public domain (everywhere); it makes me wonder if it might be in Apple, Amazon, and B&N's best interests to lobby to have the Mickey Mouse Protection Act repealed or rewritten. Although this sounds promising, the thought makes me sad because I have no hope of the government passing laws because that's what the citizens want, the only hope for positive legislative change is that it benefits a large corporation somehow (e.g. the fight against SOPA).

      --
      "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
    9. Re:wait a minute... by 2muchcoffeeman · · Score: 1

      As Apple isn't mailing out physical books, but instead is creating a copy on every sale, they are a content "creator" (as in distributor/copier), and thus are exactly who the copyright laws were written to cover.

      Apple is serving as a retailer here, not a publisher like Random House or Harcourt Brace Jovanovich. Apple is not the content creator nor is it the publisher of said content. In this instance, it's a retail outlet only.

      --
      Prevent Windows piracy. Use Linux instead.
    10. Re:wait a minute... by gl4ss · · Score: 1

      try buying pirate apple products and then selling them in san fransisco and see if it's you who gets sued or that some factory in some eastern country which produced the products and sold them to you to retail.

      --
      world was created 5 seconds before this post as it is.
    11. Re:wait a minute... by AK+Marc · · Score: 1

      They are a publisher. They just publish the books one at a time on demand, rather than running large batches of physical books.

    12. Re:wait a minute... by 2muchcoffeeman · · Score: 1

      A publisher holds some form of copyright on the work. That's not true in this case, despite what the troll plaintiffs claim.

      --
      Prevent Windows piracy. Use Linux instead.
    13. Re:wait a minute... by AK+Marc · · Score: 1

      But Apple does hold some form of copyright on all works distribute by them.

  14. Re:Haha! That's hilarious by Anonymous Coward · · Score: 0

    Quit putting race in a place where it doesn't belong. Even if he could move, his parents would never be allowed to leave the country.

    In the case of Han Han, his parents have been threatened professionally because of his writings. Han decided that he would make enough money to convince his parents to quit their day jobs.

    Don't hate on people because of what some of their country persons do. Americans have earned the enimity of many overseas because of foreign policies only a few hundred people have any hand in controlling. It's a stupid game people play and I wish they would not.

    Han Han deserves to get paid too. He's got this magnificent balance of writing things just acerbic enough to be considered edgy, but not to the point where the authorities want to drag him out into a car and perform a permanent disappearing act. Apple is on a pretty bad losing streak in China as it is, so the vultures are circling.

  15. Where are the "copying is not theft" people by Anonymous Coward · · Score: 0

    We need you guys in here to give Han Han and associates a good telling-off on their trampling of personal freedom and attempt at censorship. And also lecture us on how the person/company selling Han Han's works is just as innocent/heroic as Kim Dotcom. Let's go guys!

    1. Re:Where are the "copying is not theft" people by Anonymous Coward · · Score: 0

      obvious, cowardly anonymous troll is obviously a coward. Copying is not theft, making profit from the copies is.

  16. Grammar-o in summary by Anonymous Coward · · Score: 0

    and the worlds' most popular blogger

    Oh? Which worlds are included in the statistic? Earth and Mars? First, Second, and Third? All the worlds?

  17. Re:hahahaah irony by Bill,+Shooter+of+Bul · · Score: 1

    Well, if you cycle it through google translator english=> chinese (traditional or simplified) => english: you get "Satire".

    Ironically, Irony doesn't translate.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  18. Re:Chinese Writers... by Anonymous Coward · · Score: 0

    Muphry's law's effect is to point out a grammar mistake and switching the tense midsentence.

  19. Re:hahahaah irony by Anonymous Coward · · Score: 0

    Ironically, noone uses "ironically" right. Literally noone.

  20. Re:Haha! That's hilarious by Anonymous Coward · · Score: 0

    to many Americans the only good CHICOM is a dead CHICOM

    the CHICOMs are responsible for the misery of millions of people and have killed untold millions of their own people within the last 60 years

  21. Re:Haha! That's hilarious by Isaac+Remuant · · Score: 1

    Are you serious? Don't you see ANYTHING wrong with your reasoning?

    --
    "Science can amuse and fascinate us all, but it is engineering that changes the world. " - Asimov.
  22. Re:hahahaah irony by Berfert · · Score: 0, Troll

    Given how the Chinees government and people as a whole have next to no respect for the IP of other nations, it is funny that a citizen of China is suing to protect their IP. The companies in China are well known for stealing the IP of companies from other countries and, on top of that, the government helps and/or participates in it.

  23. Re:hahahaah irony by Anonymous Coward · · Score: 2, Insightful

    It's only ironic if you think that every one of the 1.3 billion people living China is the same, and each is in perfect agreement with their government. I.e., if you are stupid. I should probably also add racist because the former might interfere with some people's ability to figure it out.

  24. Re:Haha! That's hilarious by SilverJets · · Score: 0, Flamebait

    And you don't see anything ironic about a Chinese person complaining about piracy? Seriously?

  25. Re:hahahaah irony by Anonymous Coward · · Score: 0, Insightful

    You mean exactly like the US after independence ?

  26. Most popular blogger....???? by Anonymous Coward · · Score: 0

    " and the worlds' most popular blogger"

    That's like being the world's most formidable Dungeons & Dragon player.

    Its the sound of one hand clapping.

  27. Re: by Anonymous Coward · · Score: 0

    Someone ripping off Chinese work?

    Oh, the irony.

  28. who? by Anonymous Coward · · Score: 0

    > world's most popular author

    who?
    First I've heard of him. I know every blogger in the world.

  29. Re:Haha! That's hilarious by Anonymous Coward · · Score: 0

    And you don't see anything hypocritical about an American company pirating someone's IP?

  30. People's Republic China, the real land of the free by Anonymous Coward · · Score: 0

    The Writers Rights Alliance, founded by Han Han a young popular Chinese author and the worlds' most popular blogger who is known for his cynical criticism of the government

    Criticism of the government makes you a star in China.
    Criticism of American policies lands you on the DHS no-fly list.

  31. Re:hahahaah irony by Anonymous Coward · · Score: 3, Insightful

    The same way that not every single American wants to bomb every other country, not every single Chinese makes millions by selling counterfeit products. Writers, in particular, tend to care about intellectual property, so it is not ironic that a writer has an issue with someone making money off his work without his permission. You see, people tend to have different opinions - even if they're Chinese - and what you're doing is stereotyping, putting a billion and a half persons on the same bag (while thinking you and possibly also the people you know are unique snowflakes).

    It would be ironic if the guy wrote a book preaching against intellectual property and then sued when someone infringed on his intellectual property.

  32. Re:Haha! That's hilarious by SilverJets · · Score: 0, Flamebait

    Nope. Not when it comes to ripping off the Chinese who happily rip everyone else off.

    Sorry, it won't matter what your reply is I have zero sympathy for these people.

  33. Re:Haha! That's hilarious by Anonymous Coward · · Score: 0

    Nope. Not when it comes to $activity towards $group, who $stereotype_involving_said_activity.

    Why stop on just chinese? Would you also condone going for fun looting'n'shooting rides in Harlem? Or, say, military invasion into US to overthrow corrupt regime?

  34. Re:Haha! That's hilarious by Anonymous Coward · · Score: 0

    >Do you know who Han Han is?

    Of course we do. He's Han Solo's long lost asian brother.

  35. Re:hahahaah irony by Berfert · · Score: 1

    The same way that not every single American wants to bomb every other country

    True, but it's still ironic when an American complains about a country invading another country pro-actively yet claiming it's in defense. The common actions of a group that a person belongs to sets the expectations one has about the individual members of that group. Admittedly, that doesn't mean that all members of that group act that way, or that you should treat members of that group as if they WILL behave that way.

    That being said, the Chinese government really needs to follow the rules of IP that other countries generally do if they want to be able to expect those other countries to treat the IP of their citizens with any respect.

  36. Re:hahahaah irony by donscarletti · · Score: 1

    how you say irony in chinese?

    I'd tell you, but slashdot still doesn't support unicode. It's pronounced "fanfeng" or there abouts.

    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem
  37. Re:Chinese Writers... by Anonymous Coward · · Score: 0

    If I had points, I'd mod you down.

  38. Re:hahahaah irony by Anonymous Coward · · Score: 0

    What's wrong with not respecting IP laws? I think Chinese are smart to do this. Why not take piece of that pie if you can. The more rediculous shit going there, the better it is for everyone.

  39. jurisdiction? by CaptainNerdCave · · Score: 0

    I don't mean to sound too cynical, but what laws are being applied? Chinese laws? US laws? Some laws invented by the "disinterested" UN? IANAL, but I think there needs to be clear indication that China had laws on the books to uphold intellectual property rights of citizens, and the suit needs to happen in Chinese courts. Alternatively, these authors could file suit using US laws, but then they would have to do it in US courts.

    1. Re:jurisdiction? by Anonymous Coward · · Score: 0

      IANAL, but I think there needs to be clear indication that China had laws on the books to uphold intellectual property rights of citizens, and the suit needs to happen in Chinese courts.

      It is filed in a court in China --- the Beijing City Second Middle Peoples' Court. It is the fourth allegation brought forward by the group of authors against Apple --- the original case was back in September/October 2011 for 23 works of 6 authors seeking RMB 6.5 million damage. Two months later they filed for 37 works of 4 authors to be added to the case, bringing the total damage sought to RMB 11.91 million. In late last month, an additional 26 works of 4 authors seeking another RMB 11.12 million damage. Now this fourth allegation brings the total to 95 works of 22 authors and RMB 50 million damage sought. There hasn't been any judgement yet and there hasn't been any reports of the case being referred to a higher court by the group of authors, and on the Chinese state-owned television it was reported their lawyer said they are prepared for a long drawn-out legal battle with Apple.

  40. Re:hahahaah irony by Anonymous Coward · · Score: 2, Insightful

    That being said, the Chinese government really needs to follow the rules of IP that other countries generally do if they want to be able to expect those other countries to treat the IP of their citizens with any respect.

    That's not likely to happen.
    U.S. courts are notorious for ignoring foreign countries IP. You don't hear much about it because smaller nations can't really throw any weight to protect their "rights". The Chinese have that weight and a willingness to copy, not only the products, but also the behaviour of the U.S.
    Unless there is a large policy-change in the courts of the U.S. then I wouldn't expect the Chinese to do anything but symbolic attempts to uphold the IP of other nations.

  41. Re:hahahaah irony by Anonymous Coward · · Score: 1

    Trolls everywhere. How about you dive down my septic tank, and rescue your fucking "politically correct" shit?

    This is supposedly a site where people actually think, and discuss ideas. Political correctness has no place on such a site. Political correctness is a tool with which to keep the masses of sheep in line. It is worth less than shit to a thinking person.

  42. Waiting to see what comes by khallow · · Score: 1

    The problem is that with this being China, it's not clear to me that Apple has actually violated any copyright law. For example, the business that was selling these works on Apple's App Store may have had copyright at the time, but had it taken away from them and transferred to this "Writers Rights Alliance" without their knowledge. Or they may still have the copyright and still be legally able to sell on the App Store. Or they might never have had the copyright, but did have the assistance from appropriate Chinese officials to make it look like they did own those copyrights.

    There's some serious games that can be played here.

  43. Re:hahahaah irony by Taco+Cowboy · · Score: 1

    Not sure, but with a Chinese accent, it's ILONY

    Well, well ...

    Predictable as always

    --
    Muchas Gracias, Señor Edward Snowden !
  44. Sorry No , double No. by Anonymous Coward · · Score: 0

    Apple as distributing IP which he did not have the right to distribute should pay , as little people do, 262000 time the amount the original IP cost.

  45. Re:Haha! That's hilarious by 2muchcoffeeman · · Score: 1

    Apparently people and groups in China suing Apple for cash (which has close to $100B on hand) is now a thing — witness the lawsuit filed by flat-ass broke Proview over the iPad name it gave up the rights to years ago (via a Taiwan subsidiary so it could try to hide the money Apple paid it from its creditors).

    This sounds like a nuisance lawsuit filed against a big company specifically to try to extort a cash settlement out of convenience, rather than suing the actual copyright infringer (which is probably not as well-financed and may not even be known to the "authors' group"). I think they're in for a surprise when they get to court.

    --
    Prevent Windows piracy. Use Linux instead.
  46. Re:hahahaah irony by Anonymous Coward · · Score: 0

    Trolls everywhere. How about you dive down my septic tank, and rescue your fucking "politically correct" shit?

    This is supposedly a site where people actually think, and discuss ideas. Political correctness has no place on such a site. Political correctness is a tool with which to keep the masses of sheep in line. It is worth less than shit to a thinking person.

    Have you thought?
    Being politically incorrect is one thing, being ignorant is worse. Do you really know what happened before they sued apple? Have it not crossed your mind that their motivation is genuine?

    Also, I don't understand why English speakers are so proud when they find any mistakes in an article written by non-native English speakers? Think about this: There are more Chinese people who can speak English, well or not, than any other people who can speak Chinese. If anything, you should be humbled by the knowledge non-native English speakers.

  47. Re:Haha! That's hilarious by hexagonc · · Score: 1

    See, this is the problem with stereotypes. There is nothing ironic at all about a Chinese person complaining about piracy because we don't know if the people complaining about piracy are the same people who are pirating. It might be true and you may think it is true but until you establish that, a Chinese person complaining about piracy shouldn't be ironic in itself. We all like to be treated as individuals when negative presumptions are concerned. It's like saying that it is ironic that an American is complaining about torture in another country. I can condemn torture anywhere I see it -- regardless of whether my own country is doing it -- because I'm not the one doing the torturing. My own behavior is consistent.

    Now, you may rightly argue that it is ironic that someone is demanding justice when piracy hurts them personally but remains silent when someone else is the victim of piracy. If this is the case, then we are all guilty of this type of irony. It is so common, maybe 'irony' is not the appropriate word. Maybe we're all just hypocrites to some extent.

  48. Re:hahahaah irony by wisty · · Score: 3, Informative

    how you say irony in chinese?

    Not sure, but with a Chinese accent, it's ILONY

    Ironically, "IRONY" is one of the few English words which most Chinese speakers will be abe to pronounce nearly perfectly, as it lacks consonant clusters, and ends on a vowel.

  49. Re:hahahaah irony by Anonymous Coward · · Score: 0

    Almost all computers in China have illegal copies of Windows, so chances are they wrote those books while breaking copyright.

  50. Re:hahahaah irony by Opportunist · · Score: 1

    It's also well known that big companies in the "west" rip off citizens, domestic and abroad, by squeezing their workforce and swindle them out of their resources, and the government helps and/or participates in it. So I guess it should be OK if I went and swindled the average mom'n'pop shop out of their life savings?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  51. Re:Chinese Writers... by Pf0tzenpfritz · · Score: 1

    It should have been illegal for a long time to switch tenses within a sentence.

    --
    Oh, the beautiful gloss of greality!
  52. Re:Haha! That's hilarious by Anonymous Coward · · Score: 0

    And with legions of lawyers under their employ, Apple certainly can bring the heat right back to anybody to bring up legal challenges against them. They are verifiable masters of the courtroom with bottomless pockets.

  53. Re:hahahaah irony by Anonymous Coward · · Score: 0

    How do you say moron in English?

    You say it like, "Whoosh".

  54. Re:hahahaah irony by Anonymous Coward · · Score: 0

    > it lacks consonant clusters, and ends on a vowel

    Can you elaborate on how this influences pronunciation? (I am genuinely curious.)

  55. Information does want to be free by Anonymous Coward · · Score: 0

    Information does want to be free - that's why you have to try so hard to control its spread.

    Private information, being much easier (in fact the default: I'm secure because nobody can be arsed looking me up) to keep control doesn't want to be free. And, to be honest, absolutely no laws are made to enshrine that security. The laws against harvesting/selling/using private information is based on what you do with it. I.e. use it to pretend you're someone else to spend their money: Fraud.

  56. Stolen Goods by Anonymous Coward · · Score: 0

    Doesn't matter if your T&C say that it's not your fault, you're in for handling stolen goods.

    And remember, in the USA, merely POINTING to something that MAY infringe is enough to get you extradited to face criminal charges.

  57. Re:hahahaah irony by DrStoooopid · · Score: 1

    Ironry ;-)

    --
    There are 2 groups of people you can make fun of on the Internet without fear of attack. The illiterate, and the Amish.
  58. Re:Haha! That's hilarious by SilverJets · · Score: 1

    Why stop on just chinese?

    'Cause the article was about Chinese writers. It wasn't about a problem in Harlem or a corrupt US regime.

  59. Re:hahahaah irony by Bill,+Shooter+of+Bul · · Score: 1

    Ironically, they all do.

    http://theoatmeal.com/comics/irony

    High five?

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  60. Re:hahahaah irony by Anonymous Coward · · Score: 0

    yes but now they can delete posts /. discussions via a popularity contest vote (lets be honest, thats what the "flag this comment as inappropriate" is used for MOST of the time.

    so, YOU CAN COMMENT AND EXPRESS YOURSELF ON SLASHDOT, AS LONG AS YOUR COMMENTS FALL IN LINE...

  61. Apple excuses by Anonymous Coward · · Score: 0

    Bla bla bla bla, apple excuses.

    Had this been a person, they'd be looking at a 30 million dollar fine and 20 years in prison.

  62. Re:hahahaah irony by wisty · · Score: 1

    Chinese never end syllables with a consonant (except "n" or "ng"). So if you have a consonant cluster, it will sound totally alien to a Chinese speaker. They aren't used to pronouncing things that way. It's like trying to say a German word (like "AngstschweiB") you are English.

    So they tend to insert vowels, to break up the clusters. "He-lo, my name-a is Li, and-a my En-ga-lish-a isa not-a so good-a."

    On the other hand, the word "Irony" will sound like three Chinese words stitched together (maybe "ai re ni" - "love, hot, you").