China Increases The Fines For Copyright Infringement

from the now-watch-who-it's-used-against dept

For years, we've discussed how the US has put all sorts of pressure on China to boost its intellectual property enforcement regime -- and each time we warn that this is going to backfire in a big, bad way. To "appease" the US, China keeps ratcheting up its enforcement... but seems to have a habit of doing so in ways that hurt foreign companies. And, even though China declared its supposed copyright crackdown a "success," under increasing pressure to change its IP laws, China has announced plans to double the "fines" for infringement up to 1 million yuan (~$158,000). That seems perfectly in line with the ridiculous statutory rates currently found in the US, but seems even more out of place in China where the average citizen makes a lot less than the average American. Not that there's likely to be much of an effort to use such a law, but laws like these don't get people to respect copyright more. They do the opposite. When the penalties are so out of proportion to the action, no one takes the law seriously.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    icon
    Alana (profile), Jun 6th, 2012 @ 8:16pm

    Are there any fines for abusing copyright?

    ...I'm waiting...

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    Anonymous Coward, Jun 6th, 2012 @ 8:52pm

    Re:

    Yes, but only if you don't have millions of dollars laying around.

     

    reply to this | link to this | view in thread ]

  3.  
    icon
    AzureSky (profile), Jun 6th, 2012 @ 9:00pm

    Re: Re:

    and try and abuse it against people who do have millions laying around.

     

    reply to this | link to this | view in thread ]

  4.  
    identicon
    Anonymous Coward, Jun 6th, 2012 @ 9:32pm

    Unless one knows the circumstances under which a "fine" as noted above (which is in a draft bill) may be imposed, a mere number conveys no useful information since it is without context.

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Anonymous Coward, Jun 6th, 2012 @ 10:19pm

    No use for the poor

    For more than 3/4 of the total populations in China, they won't ever make that much money (even the previous amount) in their whole life. I can't see the increase in penalty have any effect on them.

     

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Pixelation, Jun 6th, 2012 @ 10:21pm

    We're saved

    Thank God China is finally seeing the light. Now our economy will certainly get back on track. We're saved.

    To all of our politicians who made this possible, thank you. You have done a wonderful job.

     

    reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Jun 6th, 2012 @ 10:33pm

    Re: We're saved

    I want to click funny on this but am sadly thinking that some people might actually believe this. Such a sad reality

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    Rottweiler, Jun 6th, 2012 @ 10:48pm

    Re: We're saved

    Marked as funny, too bad we dont have a "stupid" button, we need it when looking at comments like yours...

     

    reply to this | link to this | view in thread ]

  9.  
    identicon
    Anonymous Coward, Jun 6th, 2012 @ 10:59pm

    Re: Re: We're saved

    his comment is obviously sarcasm.

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    Rottweiler, Jun 6th, 2012 @ 11:39pm

    Re: Re: Re: We're saved

    My sarcasm detector has been broken lately. Anyway, it is a funny comment, but as the AC above said, there are people out there who really think that way.

     

    reply to this | link to this | view in thread ]

  11.  
    icon
    Just John (profile), Jun 6th, 2012 @ 11:47pm

    Re: Re: Re:

    Sadly, that is not the Chinese way.
    If you have money, you don't have problems. It is those without money who has problems.
    If you have enough money, you can even kill someone and get away with it. Let me know if you want me to point you to those very stories.

    This will not do anything anyways. China is implementing it for show, or to convict those who produce things they do not like when they can attribute it to "copyright". The government isn't stupid enough to do that, given that there is alot of money floating in to China based on shanzhai goods.

     

    reply to this | link to this | view in thread ]

  12.  
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    G Thompson (profile), Jun 6th, 2012 @ 11:50pm

    So China will now impose fines of 1million yuan on all foreign companies who infringe their copyright?? And remember under Chinese law company executives are fully responsible (no glass ceiling) so there will be a lot of company execs fined per incident and instance.

    Ha!

    See this is why China is an economic powerhouse, they know where to get the money! ;)

     

    reply to this | link to this | view in thread ]

  13.  
    identicon
    Loki, Jun 7th, 2012 @ 12:50am

    Mostly I look at the ridiculous fines as largely irrelevant.

    Given the fact that they:
    Commit extortion in all but name (mass lawsuits with no real evidence in most cases, followed by "settlement letters" to people who almost certainly don't have financial means to fight such lawsuits).

    Commit bribery in all but name (hell, there are few, if any ways Chris Dodd could have openly made the fact more clear without actually using the word bribe).

    Commit perjury (they have signed legally binding documents to that effect every time they send bogus DCMA takedowns that anyone with a minimal education can see are fraudulant).

    Commit "theft" (hell, despite their extreme desire to rewrite history, Holly itself was created to circumvent IP law - in that case patents instead of copyright).

    If these industries cannot abide by the rules we, as a society, deem inappropriate (hell if they can't even be bothered to abide by the rules they, themselves, wish to declare inappropriate), why the hell should we, as a society, give a damn about their "rules"?

     

    reply to this | link to this | view in thread ]

  14.  
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    Anonymous Coward, Jun 7th, 2012 @ 1:53am

    Re: Re: Re: Re:

    That sounds like the American way.

     

    reply to this | link to this | view in thread ]

  15.  
    identicon
    anon, Jun 7th, 2012 @ 3:44am

    Ive been in China severals time and stayed there for more than 5-6 months there each time.
    In China, they don't give a fuck about the foreign copyrights. They know they made a LOT of money with that. The chinese autorities will never give such a fine. They are crazy, but not they still more intelligent than in the US for that.

     

    reply to this | link to this | view in thread ]

  16.  
    identicon
    Anonymous Coward, Jun 7th, 2012 @ 7:49am

    Re: Re: Re: Re: We're saved

    Geez... loosen up, doorknob.

     

    reply to this | link to this | view in thread ]

  17.  
    icon
    ethorad (profile), Jun 7th, 2012 @ 7:51am

    who is foreign?

    I thought the US would be happy with China increasing penalties on foreign companies. After all, China is foreign aren't they? :)

     

    reply to this | link to this | view in thread ]

  18.  
    identicon
    Mason Wheeler, Jun 7th, 2012 @ 2:48pm

    Re: Re: Re: Re: Re:

    ...particularly if you have money and live in California, for some reason. (See: OJ Simpson, Michael Jackson, etc...)

     

    reply to this | link to this | view in thread ]

  19.  
    identicon
    Pixelation, Jun 7th, 2012 @ 8:22pm

    Re: Re: Re: We're saved

    Yes, my comment was dripping with sarcasm.

     

    reply to this | link to this | view in thread ]

  20.  
    identicon
    Anonymous Coward, Jun 8th, 2012 @ 4:40am

    Re: Re: Re: Re: We're saved

    "Yes, my comment was dripping with sarcasm"

    That, or this comment is the sarcastic one.

    The world may never know.

     

    reply to this | link to this | view in thread ]

  21.  
    identicon
    Anonymous Coward, Jun 8th, 2012 @ 11:34am

    They are just looking for more money.

     

    reply to this | link to this | view in thread ]


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