IP Czar: Blame China! Congress: Do Something!

from the political-theater dept

In what looks like a big round of political theater, US IP Enforcement Coordinator Victoria Espinel presented to a Congressional committee her plans for fighting copyright infringement overseas, and it seems to boil down to "blame China." Apparently, all of the elected officials were on board with that, and then asked what to do... to which Espinel provided the same answer that US officials have always given: put pressure on the Chinese to respect US intellectual property. How's that been working so far? Exactly. It's a plan for handwaving -- which, honestly, might really be the best thing. China really doesn't care what the US has to say about IP policy, and US lawmakers know this. They also know that the US needs China more than China needs the US right now. That's why suggestions made by some politicians -- such as Rep. Ted Poe about blocking visas for Chinese students and tourists -- was dismissed out of hand by others:
Rep. Bill Delahunt... responded to Poe's argument that we should reduce the number of student visas for China by pointing out this would harm people in his state.

He said many of those would-be students from China attend schools in New England. Not only that, but the families of these students visit, which helps Massachusetts' business people.
The fact is that waving arms about China ignoring IP isn't going to do anything. It's all just a big political exercise, and it's pretty meaningless. The supposed "harm" has been seriously overblown by companies, and the ability to do something about it is miniscule. If we really wanted to "respond" to Chinese disrespect for US intellectual property, we should be helping companies (1) compete better and (2) adapt to use the situation to their advantage. Instead, we get political grandstanding that won't help anyone.
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Filed Under: china, enforcement, ip, victoria espinel


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  1. icon
    Richard (profile), 22 Jul 2010 @ 3:58am

    Student Visas

    Poe's argument that we should reduce the number of student visas for China

    Speaking as a UK academic:

    Please please please do this. We look forward to many more students from China if the US blocks them.

    (They pay bigger fees than home students and we will be able to sidestep the government's public spending cuts if we recruit more of them.)

    link to this | view in thread ]

  2. identicon
    Anonymous Coward, 22 Jul 2010 @ 5:07am

    The U.S. put themselves in a inglorious position.

    Time and time again, committee members asked Espinel how she was going to penalize or punish countries that refused to do anything to protect American intellectual property and time and time again, Espinel offered generalities or ticked off traditional strategies that have yielded mixed results.


    Punish and penalize has been the principal tool of foreign affairs for the U.S. for decades, it surely showing results now. It worked wonders, just see how people are buying "Made in U.S.A." products all over the world now.

    link to this | view in thread ]

  3. identicon
    NAMELESS.ONE, 22 Jul 2010 @ 5:11am

    @1 UK digital economy says otherwise

    you are just as bad in the UK and in some ways worse
    China seems to be doing nice with canada and keeping its word on deals...somehting softwood lumber industry knows americans CAN'T be TRUSTED

    link to this | view in thread ]

  4. icon
    Richard (profile), 22 Jul 2010 @ 5:41am

    Re: @1 UK digital economy says otherwise

    Well we're hoping the new government might kill that one...

    link to this | view in thread ]

  5. identicon
    Anonymous Coward, 22 Jul 2010 @ 5:57am

    If anything this "pressure" will be a nice excuse for them to crackdown on dissident speech in the name of defending IP.

    link to this | view in thread ]

  6. icon
    lavi d (profile), 22 Jul 2010 @ 6:58am

    Awesome

    Now that's irony.

    The repressive communist regime of China slapping down the repressive desires of the entertainment industry.

    I'm smiling.

    link to this | view in thread ]

  7. icon
    chris (profile), 22 Jul 2010 @ 7:03am

    why not push china on something else?

    i caught this little tidbit from "rip: a remix manifesto":

    “Maybe we should have forgotten intellectual property rights internationally,” says Bruce Lehman, U.S. Undersecretary of Commerce for Intellectual Property for President Clinton, in the recent documentary Rip! A Remix Manifesto, “and gone for labor standards and the environment.”

    (i go the quote from here but the article is only slightly relevant)

    you can hand wave and finger point all you want about ip law, but the fact of the matter is that not enough gets made in the US anymore. making stuff is how you solve the jobs problem, the economy problem... just about every problem, really.

    sure you can "design by apple in california" but the real way to help the US compete is to push the rest of the world to adopt laws that bring them up to the same level as the US when it comes to manufacturing, like labor and environmental standards, and not intellectual property law, which honestly is an attempt to regulate something that simply cannot be regulated. that way overseas manufacturing competes with american manufacturing on a level playing field, and some of that manufacturing will come back to the US.

    link to this | view in thread ]

  8. icon
    Richard (profile), 22 Jul 2010 @ 7:10am

    Re: why not push china on something else?

    Indeed - IP law tends to increase income inequality because it is effectively a privately levied tax for the benefit of a few rich individuals.

    In doing so it tends to reduce economic activity and make everything more expensive and less competitive in world markets.

    IP law is one of the reasons why US/European production can't compete with China.

    link to this | view in thread ]

  9. identicon
    Anonymous Coward, 22 Jul 2010 @ 7:35am

    Go China! Fuck the US!

    link to this | view in thread ]

  10. identicon
    Anonymous Coward, 22 Jul 2010 @ 8:44am

    IP Czar: Blame China!
    Congress: Do Something!
    IP Czar: I can't they have nukes, BFG's(i.e. Big Efe Guns), own our debt and have more economic pull than we do.

    link to this | view in thread ]

  11. icon
    vivaelamor (profile), 22 Jul 2010 @ 10:56am

    Re: Re: @1 UK digital economy says otherwise

    "Well we're hoping the new government might kill that one..."

    I'm not sure Feargal Sharkey getting a peerage is any better though.

    link to this | view in thread ]

  12. identicon
    Anonymous Coward, 22 Jul 2010 @ 12:53pm

    Re: Awesome

    Gotta love evil vs evil matchups.

    link to this | view in thread ]

  13. icon
    crade (profile), 22 Jul 2010 @ 6:20pm

    Movies from China rock compared to the stuff Hollywood is putting out.

    link to this | view in thread ]

  14. identicon
    TDR, 22 Jul 2010 @ 7:41pm

    Kinda reminds me of Spaceballs... ^_~

    Skroob (to DH): Do something!
    DH (to Sandurz): Do something!
    Sandurz (to crew): Do something!

    link to this | view in thread ]

  15. icon
    chris (profile), 23 Jul 2010 @ 8:20am

    Re: Re: why not push china on something else?

    IP law tends to increase income inequality because it is effectively a privately levied tax for the benefit of a few rich individuals.

    i think this particular issue is more basic than the evils of ip laws. it's a question of the US being able to continue in the manner to which its people and government have become accustomed.

    not making things domestically is a big deal for the sustainability of this country.

    IP law is one of the reasons why US/European production can't compete with China.

    again, this is a much larger issue than IP law. china didn't come in and steal our manufacturing sector, we paid them to take it off our hands.

    we entered into an agreement that china isn't going to honor. and the problem won't remain confined to china. there is also brazil, india, and russia in the near future, and god know who else after that.

    link to this | view in thread ]

  16. icon
    Gene Cavanaugh (profile), 23 Jul 2010 @ 9:43am

    Blame China

    Actually, China is listening - they are cracking down on -
    foreign countries!

    link to this | view in thread ]


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