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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."
They sues. Engrish title ftw.
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!
the chinese suing over IP infringement. thats fucking rich.
how you say irony in chinese?
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.
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.
Whoever wrote that doesn't understand ``cynical'' or ``criticism''.
Do you even lift?
These aren't the 'roids you're looking for.
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.
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."
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?
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!
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.
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!
Oh? Which worlds are included in the statistic? Earth and Mars? First, Second, and Third? All the worlds?
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
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.
And you don't see anything ironic about a Chinese person complaining about piracy? Seriously?
" 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.
Someone ripping off Chinese work?
Oh, the irony.
> world's most popular author
who?
First I've heard of him. I know every blogger in the world.
And you don't see anything hypocritical about an American company pirating someone's IP?
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.
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.
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?
>Do you know who Han Han is?
Of course we do. He's Han Solo's long lost asian brother.
Th4-t has grown up
I can't help but laugh a little that someone in China, one of the world's leading copyright infringers and notorious ignorers of IP laws, is suing Apple over IP.
That's like the pot calling the kettle a pot.
If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
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.
PVC Crust Foam Board
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.
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.
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.
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.
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.
hilarious, how many cd/dvd/blue-rays they have toasted?
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.
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.
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.
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.