Chinese Developer Gets Three Years In Jail For Making IM Software Better

from the improvements-not-allowed dept

Wed, Nov 26th 2008 3:15pm — Mike Masnick

Almost exactly a year ago, we wrote about the case of a developer in China who had created an add-on for the super popular QQ instant messaging software used in China. The add-on, called Coral QQ, made the software work better, by getting rid of some of the annoying features of QQ and adding some additional features as well. For making the software better, the guy got charged with copyright infringement. This didn't make much sense. The guy wasn't copying anything. You still needed the original program in order to use Coral QQ. Coral QQ was just an add on that worked on top of regular QQ. Yet, now a court has sentenced the guy to three years in jail, all for making a software product better. It's difficult to see how this encourages anyone to ever make products better. If anything, it guarantees that bad products get less competition.

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Filed Under: china, copyright, coral qq, jail time, qq, software

23 Comments

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Anonymous Coward, 26 Nov 2008 @ 4:00pm

does QQ possibly have state sanctioned spywares in it? I can see why the chinese gov would get a little defensive if they do.
seems like a clear message to anyone hacking apart chinawares.
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Anonymous Coward, 26 Nov 2008 @ 4:02pm

Before the "You're wrong Mikey!" comments come in
This literally did make the program better. It is an optional add on to QQ. Available for free. It would be like Mozilla suing the developers who make Firebug or AdBlock and so on.
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MrScott, 26 Nov 2008 @ 4:05pm

Well, so much for the commercial we've all probably seen on TV. "If you have an idea for a new product, or have an improvement for an existing product, write down or call this number for your free inventor's kit..."

I've honestly had an idea floating around in my head for a few years for improving an existing item, but I doubt I'll take it any further than that. It's just too scary to think of the consequences or the money-hungry corporate "leeches" that have more money than I will ever have, and claim to "invent" the idea I had already. (don't laugh, it's happened before) How many of you remember the case of the man who invented intermittent windshield wipers? It was real. and it took the man YEARS to claim his fortune after Chrysler supposedly invented them before him.

Now, every new car on the road has them, and he's just now getting paid for them??? Greedy corporate bast*rds!
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SomeGuy, 26 Nov 2008 @ 4:11pm

Re:
If I understand correctly your previous article on the subject (http://www.techdirt.com/articles/20071130/010429.shtml), The guy didn't make an add-on. At the time you talked about stripping-out a program of it's annoying features.

Is CoralQQ an add-on for the original program ? In this case, nothing has been copied. Or is it 100% copy only with the "evil code" removed ?
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Random, 26 Nov 2008 @ 4:23pm

typical
I feel sorry for this bloke. It's not his fault, it's the fault of the scumbag country that he lives in. If they spent more time encouraging development rather than monitoring everybody who lives there it would be better for everbody
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Stuart, 26 Nov 2008 @ 4:39pm

Re: Re:
Come on. We all know that Mike will just keep changing the story till he gets the right piss of the masses feel to it.
Its not like Mike writes a factual blog.
This place is for Entertainment purposes only.
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Mike (profile), 26 Nov 2008 @ 4:52pm

Re: Re:
The guy didn't make an add-on. At the time you talked about stripping-out a program of it's annoying features.

No, it's an add-on. You need the original software to make Coral QQ work.
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Whirler, 26 Nov 2008 @ 5:02pm

Re: Re:
If said IM core code is required for Coral QQ to run, it's an add-on componant. How hard is this to understand, bunch of retards (-)(-)
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Chad, 26 Nov 2008 @ 5:18pm

Missing the point.. it all depends on what QQ IM states in their terms of service. If they state that all attempts to modify their code is prohibited (in the manner of blocking out certain ads or whatever), then what he did was breach their TOS in releasing his product...

In a sense, it's like getting those AIM ad blockers of years past or getting FrostWire as opposed to LimeWire.
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Paulb, 26 Nov 2008 @ 5:20pm

DeadAim
I wonder if the maker of DeadAim will be getting sued soon.
Add on to Aim 5.9 That adds some nifty features.
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NullOp, 26 Nov 2008 @ 6:30pm

The Law
Obviously this is way wrong. However, Chinese law may allow for this. The real trouble comes from copycat suits as mentioned above. Soon enough businesses will figure out how to stop all creative development in the name of IP. BS begets BS...
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Anonymous Coward, 26 Nov 2008 @ 9:02pm

MSN Messenger = meh.
MSN Messenger + Messenger Plus + StuffPlug = ya!

It is the same situation, an addon.
You are running the original code and then modifying the UI to it in memory (or directly, in the case of apatch.tk/messpatch/etc).
Even then, it is a potential EULA issue between the software house and the consumer running the addon or modified code, not the developer of the addon or patch.
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Oliver Clevont, 26 Nov 2008 @ 9:15pm

I read the article
I read the article. It is an addon, but differs in 2 ways:

1) It is offered on it own website "bundled" with QQ.
2) You don't "install QQ", then "install the addon". Instead you install "the single software" which includes the addon and QQ together.
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Anonymous Coward, 26 Nov 2008 @ 9:50pm

Re:
Read what you said carefully. "breach their TOS". who cares about a TOS? so what? big deal.
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Anonymous Coward, 26 Nov 2008 @ 10:19pm

Absent a firm understanding of the actual facts involved in this matter, it is intellectually dishonest to use the headline for this article.

I tend to defer to the judgement of those who actually heard, viewed, and considered the evidence provided by both parties. It seems to me they, and not me, are better positioned to determine what was actually going on since I was not involved in the proceedings and have received only hearsay by others who likewise were non-participants.
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jonnyq, 26 Nov 2008 @ 10:26pm

Re:
Mike had an excellent article on that, including the fact that other people were working on intermittent windshield wipers at the time and that the movie misrepresented the story quite a bit.
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Anonymous Coward, 27 Nov 2008 @ 7:25am

Re:
"Well, so much for the commercial we've all probably seen on TV. "If you have an idea for a new product, or have an improvement for an existing product, write down or call this number for your free inventor's kit...""

Oh, you didn't know? That was the way for them to kill innovation. Got a good idea? Send it to us so we can steal it or kill it in the name of copyright.
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Crazy Turk, 28 Nov 2008 @ 12:23pm

... responce to a couple things...and individuals....
Are you really so dense as to say who cares about a TOS, well since a tos generally ourlines what is acceptable use and what isn't it would actually matter a whole lot. Since breaking it could be infringing on the companys copyright.

I'm not saying that he should be in jail, and I'm not saying I support the judgement, but what is a matter of fact is that he is distributing a program which was altered (at least stripped of it's installer and replaced with his own) without recieving permission to do so first.
If it truely was an addon, it would add features without altering the original code of the software, at which point he probably wouldn't have been punished to this extent.
This add on disables some of the softwares original features, which is probably less desirable by the company's standards and if he did so by again altering the original code would be in violation of copyright.
in short
I
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Bubba, 28 Nov 2008 @ 1:49pm

It Depends
An addon that changes functionality in the core product will violate most TOS. An addon that removes every mention of Microsoft in Messenger would probably get M$ attention.
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DAvid, 29 Nov 2008 @ 2:06am

WTF
Gee .. Pity he didn't Make Working Brains For The Brain Less Chinese Government First !!
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tired of idiocy and shoddy work, 29 Nov 2008 @ 11:42am

READ THE ARTICLE NEXT TIME, MIKE YOU MORON
"Tencent had sued Chen for infringement when his company developed a patch called Coral QQ as part of a complete download package which included Tencent's software, allowing it to be downloaded from a website called Soff.net."
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Anon, 30 Nov 2008 @ 7:11am

Unfortunately, the developers of QQ were in their *legal rights* to seek criminal penalties against the guy who made Coral QQ. I am *NOT* condoning their actions. I am simply saying that they were legally entitled to make a choice in this matter, and what happened was indeed an option for them.

The fact is, they own QQ and if they don't want someone programming public releases that involve their program, it is their right to do something about it. ***What they chose to do, however, was unacceptable.***

What they SHOULD have done, given their position on this guy, is sent him a cease-and-desist letter requesting that he halt development and remove any related files from servers under his control and any mirrors.

I'm not familiar with laws in China, but if they wanted to be pigs about it they could have just sued him for money in civil court.

If they were smart, they'd have given him a job. It would've made them look good, and improved their product substantially.
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Anonymous Coward, 1 Dec 2008 @ 9:34am

Re:
@Anon (#22)
You said:
"If they were smart, they'd have given him a job. It would've made them look good, and improved their product substantially."

But the article states:
"Mr. Chen's program changes how it's used -- in ways that many users like. Among them, it blocks advertisements, although it also includes some ads and spam from other Web companies as a way to get revenue for itself. It also resolves Internet addresses, pinpointing the computer from which a person is messaging, a feature Tencent offers, but for a fee of 10 yuan ($1.35) a month."

It's not that Tencent didn't think of the features these modifications implemented: it has implemented the features, and is using these features as a source of income. I doubt any company would be happy if someone removes a source of income from the software, let alone reimplementing it so that the modifier now gets that income instead. Just imagine the income you'd get if you got a part of the ad revenue from the MSN client.
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