A hundred comedians at a hundred typewriters for a hundred years couldn't come up with a joke like this--and it's a true story.
According to The Telegraph, Microsoft is running into more legal troubles in China. A court ruled in favor of Zhongyi, a Chinese company that created a font for Windows but did not license the font for multiple versions of the operating software. I figure this is retribution for Microsoft's attack on pirated operating systems software about a year ago that outraged many users who knowingly purchased illegal copies of Windows.
The best perspective on the case comes from the Chinese company's lawyer, Ling XinYu: "By winning this case against an internationally well-known company like Microsoft, it shows that China, although still a developing country, is taking positive steps to protect intellectual property rights." You just have to love when lawyers throw in Party propaganda lines that state that a developing country has every right to infringe on intellectual property.
Until Microsoft wins an appeal on the matter, it is only allowed to sell version of Windows 95 in China, which should either cripple China technologically or force the country to run Linux. Or maybe this is Apple's chance to make some headway in the computer market.
Showing posts with label law. Show all posts
Showing posts with label law. Show all posts
Monday, December 07, 2009
Wednesday, November 25, 2009
China is Listening
The Chinese government wants to make the use of eavesdropping in corruption investigations legal, according to today's China Daily. Now, take a second to think about that sentence again.
You're probably thinking, but China already spies on its citizens, why would they need to make it legal? Law professor Zhu Wenqi says, "The current law does not specify whether it is legal and I think they are illegal measures as they are offences to people's privacy." I'm fairly certain that if the law doesn't specify it, it's legal as far as the Chinese government is concerned. And when was the last time the CCP cared about other people's privacy?
Apparently, the government wants to be able to use a variety of methods to catch corrupt politicians and businesspeople. "In addition to wiretaps and eavesdropping, modern methods such as lie-detector tests, hypnosis, mail checking and satellite locating are also included." Wait a second...since when is hypnosis a modern method of gathering evidence?
The lesson here is, if you're living in China you should watch out for Big Brother Hu listening in on your conversations. I'm sure the CCP enjoyed my mundane weekly conversations with my parents.
You're probably thinking, but China already spies on its citizens, why would they need to make it legal? Law professor Zhu Wenqi says, "The current law does not specify whether it is legal and I think they are illegal measures as they are offences to people's privacy." I'm fairly certain that if the law doesn't specify it, it's legal as far as the Chinese government is concerned. And when was the last time the CCP cared about other people's privacy?
Apparently, the government wants to be able to use a variety of methods to catch corrupt politicians and businesspeople. "In addition to wiretaps and eavesdropping, modern methods such as lie-detector tests, hypnosis, mail checking and satellite locating are also included." Wait a second...since when is hypnosis a modern method of gathering evidence?
The lesson here is, if you're living in China you should watch out for Big Brother Hu listening in on your conversations. I'm sure the CCP enjoyed my mundane weekly conversations with my parents.
Wednesday, October 29, 2008
Blackballing Windows
As a follow-up on the outrage in China over Microsoft's anti-piracy campaign that blacked-out screens across China, comes today's Shenzhen Daily article.
It seems that some in the government are not content with threats of criminal cases labeling Microsoft's actions hacking. The lawyer who first suggested the criminal charges has now petitioned the State Administration for Industry and Commerce to impose a US$1 billion fine against the company. And the government agency in charge of copyrights in China believes that Microsoft should consider the price of its product when considering actions against the public that uses pirated software.
Both of these actions are ridiculous. Microsoft's actions only cause a minor inconvenience to users who are using illegal copies of the software. Why should they not punish the users? The users knowingly purchase pirated copies and, therefore, are responsible. And condemning the actions is also in rather poor judgment considering China's track record in dealing with international intellectual property cases.
I agree that Microsoft products are expensive. I have never had to purchase any because it has always come with my computer. China doesn't seem to realize that it's not just in China that Microsoft products are extremely pricey. On the Microsoft Web site, the basic home version of Windows Vista costs $99.95 to download (more if you want a copy in your hand). Not only that, but just a few weeks ago, the company had a promotion in China to sell its products at significantly discounted prices--a copy of Home Office had its price slashed from 699RMB to 199.
China also fails to realize that most illegal copies of Microsoft products are being used in Internet cafes and businesses. Home computers are very expensive, especially when considering the standard of living. This means that the people who own personal computers have quite a lot of money to spend to real software.
It seems that some in the government are not content with threats of criminal cases labeling Microsoft's actions hacking. The lawyer who first suggested the criminal charges has now petitioned the State Administration for Industry and Commerce to impose a US$1 billion fine against the company. And the government agency in charge of copyrights in China believes that Microsoft should consider the price of its product when considering actions against the public that uses pirated software.
Both of these actions are ridiculous. Microsoft's actions only cause a minor inconvenience to users who are using illegal copies of the software. Why should they not punish the users? The users knowingly purchase pirated copies and, therefore, are responsible. And condemning the actions is also in rather poor judgment considering China's track record in dealing with international intellectual property cases.
I agree that Microsoft products are expensive. I have never had to purchase any because it has always come with my computer. China doesn't seem to realize that it's not just in China that Microsoft products are extremely pricey. On the Microsoft Web site, the basic home version of Windows Vista costs $99.95 to download (more if you want a copy in your hand). Not only that, but just a few weeks ago, the company had a promotion in China to sell its products at significantly discounted prices--a copy of Home Office had its price slashed from 699RMB to 199.
China also fails to realize that most illegal copies of Microsoft products are being used in Internet cafes and businesses. Home computers are very expensive, especially when considering the standard of living. This means that the people who own personal computers have quite a lot of money to spend to real software.
Wednesday, October 22, 2008
Frivolous Litigation
It's been a while since China launched a pointless international lawsuit. The last one was against Jack Cafferty and CNN. This time it's against Microsoft Corp.
It seems that Microsoft has decided to take the law into its own hands to fight piracy in China. For those who are unaware, there are millions of illegal copies of Windows and Microsoft programs throughout China (I think the previous teacher at my university installed a bootlegged copy of Windows on the office computer). The new weapon in this fight against piracy is the automatic update--that little process Windows uses to ensure your programs run without too many bugs. This update checks the copy of Windows for the authentication code, and, if none is found, will change the personal settings--for the most part simply changing the background to black.
A Chinese lawyer wants to charge Microsoft for hacking into people's computers and violating privacy--a criminal offense in China. He claims that it's OK to go after the manufacturers of pirated software, but not the users. Of courses, millions of computer users across China also have their panties in a bunch over the loss of customizable functions in Windows. Even with the loss of some functions, Microsoft has not completely inhibited the use of the illegal products.
The question that arises is whether or not knowledge of using an illegal copy is considered complicity in the crime of piracy.
With an ongoing economic crisis and looming business closures throughout the country, one has to wonder what effect this will have on foreign technology companies' investments in China.
It seems that Microsoft has decided to take the law into its own hands to fight piracy in China. For those who are unaware, there are millions of illegal copies of Windows and Microsoft programs throughout China (I think the previous teacher at my university installed a bootlegged copy of Windows on the office computer). The new weapon in this fight against piracy is the automatic update--that little process Windows uses to ensure your programs run without too many bugs. This update checks the copy of Windows for the authentication code, and, if none is found, will change the personal settings--for the most part simply changing the background to black.
A Chinese lawyer wants to charge Microsoft for hacking into people's computers and violating privacy--a criminal offense in China. He claims that it's OK to go after the manufacturers of pirated software, but not the users. Of courses, millions of computer users across China also have their panties in a bunch over the loss of customizable functions in Windows. Even with the loss of some functions, Microsoft has not completely inhibited the use of the illegal products.
The question that arises is whether or not knowledge of using an illegal copy is considered complicity in the crime of piracy.
With an ongoing economic crisis and looming business closures throughout the country, one has to wonder what effect this will have on foreign technology companies' investments in China.
Friday, April 25, 2008
The Farce Continues...
Really now, is this necessary? Please tell me it's not true. Did I read this article correctly? Does it really say that China is suing CNN and Cafferty for $1.3 billion ($1 for each person)? Yesterday it was 1400RMB for a lawsuit in Beijing. This one is apparently being brought to court in New York.
I wonder why the lawsuit only seeks money for Chinese citizens. What about the overseas Chinese who had their feelings hurt? I think these people should sue the original lawyers for discrimination.
I understand that people are upset because of Cafferty's choice of words. I don't agree with what he said, but this is seriously overreacting.
This will only lead China down a dangerous path of litigation. If it is this easy to sue someone for stupidity, then there are plenty of others who have the right to seek damages for comments made by Chinese people. Does this mean foreigners can sue every time they have to pay a higher price for goods in China? Does this mean I can sue the idiots who call my wife a "traitor" for marrying a foreigner?
China needs to be ready for the equally idiotic response to the already stupid actions in this situation.
I wonder why the lawsuit only seeks money for Chinese citizens. What about the overseas Chinese who had their feelings hurt? I think these people should sue the original lawyers for discrimination.
I understand that people are upset because of Cafferty's choice of words. I don't agree with what he said, but this is seriously overreacting.
This will only lead China down a dangerous path of litigation. If it is this easy to sue someone for stupidity, then there are plenty of others who have the right to seek damages for comments made by Chinese people. Does this mean foreigners can sue every time they have to pay a higher price for goods in China? Does this mean I can sue the idiots who call my wife a "traitor" for marrying a foreigner?
China needs to be ready for the equally idiotic response to the already stupid actions in this situation.
Thursday, April 24, 2008
China Gets Litigious
More stupidity to add to that previous post: According to China Daily some lawyers in Beijing have filed a frivolous lawsuit against CNN and Jack Cafferty. The 14 lawyers are seeking an apology and 100 RMB each for "mental distress." Apparently you can suffer mentally when a blow-hard calls you a goon or thug.
100 RMB?? Is that all their time is worth? These must be the cheapest lawyers in the world. If this lawsuit is successful, I'll have to consider filing my own for all the nasty things I've been called for standing around being foreign.
I suggest Cafferty pay the minimal sum requested before the exchange rate gets worse for the dollar. Of course, Cafferty could always come up with his own frivolous counter-suit--I'm sure there are plenty of American attorney dying to get involved in this circus.
I also read an earlier commentary about the same Cafferty situation--the problem is that the first paragraph (second sentence, actually) doesn't make a whole lot of sense. I'm tired from correcting my students' work, so would any kind editors like to take a stab at this one?
100 RMB?? Is that all their time is worth? These must be the cheapest lawyers in the world. If this lawsuit is successful, I'll have to consider filing my own for all the nasty things I've been called for standing around being foreign.
I suggest Cafferty pay the minimal sum requested before the exchange rate gets worse for the dollar. Of course, Cafferty could always come up with his own frivolous counter-suit--I'm sure there are plenty of American attorney dying to get involved in this circus.
I also read an earlier commentary about the same Cafferty situation--the problem is that the first paragraph (second sentence, actually) doesn't make a whole lot of sense. I'm tired from correcting my students' work, so would any kind editors like to take a stab at this one?
The American Cable News Network (CNN) is making news with China, again. Last time, cnn.com editors chopped a picture with more than 10 stone-throwing Tibetan mobs chasing a Chinese riot police wagon nowhere to see, causing wrath of millions for photo doctoring. This time, an amateur anchor blasted out Chinese people as "goons and thugs" and Chinese-made goods as "junk".
Tuesday, March 11, 2008
Go Honk Yourself
According to today's Shenzhen Daily, the city has started a campaign to crack down on excessive honkers (not honkies). The police will issue fines of 150 RMB for any offense and repeat offenders will be shamed by having their identities revealed in the local media.
I personally can't wait for this. Ever since the opening of Coastal City nearby the traffic has just gotten worse (more cars and worse drivers). Of course, I doubt anything will change around here. I have never seen a police officer do anything to any driver in this city. I once witnessed a car run a red light and almost hit a policeman on a motorcycle as well as a few pedestrians, and the policeman did absolutely nothing but ride in the opposite direction.
Next time, maybe the local government will consider handing out fines for illegal driving maneuvers. The problem isn't that there aren't enough driving laws, it's that nothing is ever enforced. I'm convinced that this city would greatly increase its GDP if it would hand out traffic fines.
I'll give an update in a couple weeks to see if this "campaign" has any effect.
I personally can't wait for this. Ever since the opening of Coastal City nearby the traffic has just gotten worse (more cars and worse drivers). Of course, I doubt anything will change around here. I have never seen a police officer do anything to any driver in this city. I once witnessed a car run a red light and almost hit a policeman on a motorcycle as well as a few pedestrians, and the policeman did absolutely nothing but ride in the opposite direction.
Next time, maybe the local government will consider handing out fines for illegal driving maneuvers. The problem isn't that there aren't enough driving laws, it's that nothing is ever enforced. I'm convinced that this city would greatly increase its GDP if it would hand out traffic fines.
I'll give an update in a couple weeks to see if this "campaign" has any effect.
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