Apple Loses Copyright Case In China Over Infringing Copies Of China Encyclopedia

from the be-careful-what-you-wish-for dept

Wed, Nov 14th 2012 5:33am — Mike Masnick

We've pointed out for years that every time the US (mainly) pushes China to be stronger on IP laws, it backfires. Chinese officials know damn well that government granted monopolies are trade barriers that can be used to bludgeon the competition -- and they almost always use IP laws against foreign companies and to protect domestic Chinese companies. So, just a day after China (once again) defended its respect for copyright, it seems worth noting that a Chinese court found Apple guilty of copyright infringement over a product called the China Encyclopedia:

The court ruled the publishing house is the only legitimate copyright owner of the Chinese History Volume of "China Encyclopedia", first edition. Its copyright is protected by Chinese laws. No organization or individual shall spread the involved content through the information network without the copyright owner's permission.

The publishing house found in October 2010 that iTunes software, which can be downloaded from a website run by Apple Electronic Products Trade (Beijing) Co Ltd, allows users to purchase and download a large part of "China Encyclopedia" from the App Store for iPhones and iPads.

Apple tried to defend itself by pointing out, quite reasonably, that it does not create all the products in the iTunes store, but the court ruled that "Apple should bear the responsibility for the App Store copyright infringement." Oh, and apparently this was just the first of a whole bunch of similar cases that have been filed against Apple. To those of you who think that China needs to show more "respect" for copyright: be careful what you wish for.

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Filed Under: china, copyright
Companies: apple

38 Comments

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out_of_the_blue, 14 Nov 2012 @ 5:43am

Protectionism, not really copyright, Mike.
"almost always use IP laws against foreign companies and to protect domestic Chinese companies."

IF you knew anything about economics, the distinction would be obvious at once.

"be careful what you wish for"? -- Well, particularly against Apple, the darling of dolts, this looks like win-win from my view!
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- fiestachickens (profile), 14 Nov 2012 @ 5:59am
  
  Re: Protectionism, not really copyright, Mike.
  Sure, copyright and protectionism are distinct things from a theoretical point of view. But in the real world where copyright is a multifaceted tool for bullying other people, businesses and even countries, I don't see much point in calling out the difference.
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- DannyB (profile), 14 Nov 2012 @ 6:16am
  
  Re: Protectionism, not really copyright, Mike.
  Everyone here understands the difference between IP laws and protectionism. That doesn't exclude the very real possibility, which is actually occurring, of using IP laws as a means of protectionism.
  
  Please don't post unless you have something useful, or at the very least funny to contribute.
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  - Anonymous Coward, 14 Nov 2012 @ 6:21am
    
    Re: Re: Protectionism, not really copyright, Mike.
    I dunno, ootb's idiocy is goood for a LOL or the occasional ROTFL
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Anonymous Coward, 14 Nov 2012 @ 5:52am

There's a thing in many Asian religions called 'Karma'.

Considering this is Apple, the company using it's legal department to stifle competition with lawsuits over patents and copyrights on stupid stuff like 'rounded edges', this is Karma returning right back to Apple.
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- :Lobo Santo (profile), 14 Nov 2012 @ 6:37am
  
  Re: .../
  "'Karma' is just 'Catholic Guilt' for Buddhists."
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- gorehound (profile), 14 Nov 2012 @ 7:05am
  
  Re:
  Exactly and Karma I wish to see happen.
  I for one will not be rushing off to Buy IPAD or iPhone or Apple Computer.
  I will Design and Build my Own Rig and it will run faster, it will be stable, and it will have better quality parts than an Apple Machine and it will also Cost an Estimated 30 - 50 Percent less.
  
  Sue Apple and do to them what they do to others ! And US Government you Complain and Complain about Debt but you all ow these Companies and you allow Rich People to hide their Income Offshore and use lame Tax Loopholes.I think all those A-Hole Loopholes should be closed to all.
  
  Karma is a Bitch Apple.................LOL
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  - Anonymous Coward, 14 Nov 2012 @ 2:36pm
    
    Re: Re:
    Instant caramel's gonna getcha.
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- John Fenderson (profile), 14 Nov 2012 @ 12:59pm
  
  Re:
  Technically speaking, that is not an example of the eastern notion of karma. It's an an example of the western notion of karma, which is a very, very different thing.
  [ link to this | view in chronology ]
Anonymous Coward, 14 Nov 2012 @ 5:54am

Pot, meet Kettle
Perfect result, one of the most IP lawsuit wielding companies gets smacked down by the IP of others.
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Roman, 14 Nov 2012 @ 5:59am

Apple can't have it both ways
Apple always touts the things in its store as if it's responsible, and warns jailbreakers that something not-approved by them isn't safe or could get you in trouble, that's why you should trust them to be the gatekeeper responsible for how you do your computing. Then when something is wrong suddenly they're no-longer responsible. Apple cannot have it both ways.
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- DannyB (profile), 14 Nov 2012 @ 6:17am
  
  Re: Apple can't have it both ways
  > that's why you should trust them to be the gatekeeper
  > responsible for how you do your computing
  
  Gatekeeper of what you can read, view, and possibly even think.
  
  Think Different
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  - Anonymous Coward, 14 Nov 2012 @ 6:22am
    
    Re: Re: Apple can't have it both ways
    Think like it's 1984
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    - mirradric, 15 Nov 2012 @ 12:43am
      
      Re: Re: Re: Apple can't have it both ways
      No. They revolted against and broke 1984. They are animal farm.
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      - gnudist, 15 Nov 2012 @ 4:18am
        
        Re: Re: Re: Re: Apple can't have it both ways
        Rounded corners good*, control over your own phone bad.
        
        *But not if you're samsung
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Anonymous Coward, 14 Nov 2012 @ 6:06am

It is impossible for me to feel sorry for the scum that is Apple.
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Anonymous Cowherd, 14 Nov 2012 @ 6:49am

Apple may not produce everything in the app store, but it does review and approve them.
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- Rikuo (profile), 14 Nov 2012 @ 7:02am
  
  Re:
  And how is Apple supposed to know the copyright status of everything on the App Store without some sort of central database for all things copyrighted?
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  - Atkray (profile), 14 Nov 2012 @ 7:15am
    
    Re: Re:
    I thought God knew everything?
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  - Anonymous Coward, 14 Nov 2012 @ 7:26am
    
    Re: Re:
    The same way as any publisher, get the creator to sign an indemnity and accept any legal costs for any Action against apple over the work.
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  - MrWilson, 14 Nov 2012 @ 7:29am
    
    Re: Re:
    If you approve everything that appears in your marketplace then you are responsible even if you cannot take the time to verify the status of everything.
    
    This is the natural consequence of owning a walled garden: all of the weeds are your responsibility.
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  - Nathan F (profile), 14 Nov 2012 @ 7:54am
    
    Re: Re:
    Silly person, everyone knows that determining the copyright status of something is "easy" to do.
    
    *nodnod*
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Pinstar, 14 Nov 2012 @ 7:17am

There's a Trope for that...
Also known as http://tvtropes.org/pmwiki/pmwiki.php/Main/HoistByHisOwnPetard

Alternatively, http://tvtropes.org/pmwiki/pmwiki.php/Main/LaserGuidedKarma
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- Anonymous Coward, 15 Nov 2012 @ 3:20am
  
  Re: There's a Trope for that...
  it's sucking me in again!
  
  DAMN YOU PINSTAR, I SHALL HAVE MY REVENGE!
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Anonymous Coward, 14 Nov 2012 @ 7:38am

i would think that most people have little if any sympathy for Apple at all. it is the worst company for suing others for violating what it classes as it's copyright but is the first to try to get away with using copyright, for free, that it knows belongs to others. the US is really the only place where Apple wins any cases. what does that tell you?
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The Real Michael, 14 Nov 2012 @ 7:47am

Hey all you copyright maximalist, crony capitalist, lawyer lovin' corporates out there: hope you all enjoy the monster you created. After all, this is your fault -- you're the ones who pushed for all those draconian laws and regulations, out of your insatiable desire for greed and control. So don't be surprised when you see other national entities using the monster you unleashed to their own advantage, to dig into your pockets and give foreign governments leverage until, eventually, they have control over you and all your assets.

This is only the beginning. Enjoy the ride. :)
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Anonymous Coward, 14 Nov 2012 @ 8:33am

How do you like them apples now, Apple ?!
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avideogameplayer, 14 Nov 2012 @ 9:07am

Lookie, there is a worm in my Apple...

But seriously, Apple should STFU about patents, trademarks, etc. and just worry about making products...

Cause I'm betting Australia is next in line to give Apple a bitchslap...
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Ninja (profile), 14 Nov 2012 @ 9:08am

Well, the more the US pushes the world to enforce copyrights because it has interests the bigger will be the backlash. Because obviously only the US have interests, right?
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- Wally (profile), 14 Nov 2012 @ 11:11am
  
  Re:
  Precisely, but Iraq is the only exception where it was justifiable.
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Wally (profile), 14 Nov 2012 @ 11:08am

???
Let me get this straight, the Chinese Government sided with an asinine claim that because a company claimed Apple "offered" a book in iTunes called "China Encyclopedia" which if you use the iBooks search function, will not come up and never had there before, it's ok even though it sows China acting exactly like the US Government?

Since it's Apple, does it still make it right? I would be interested to see the same thing happen to Google and watch people comment on how ludicrous that is....but ok people, let your biases get in the way of the big picture.
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- Anonymous Coward, 14 Nov 2012 @ 12:38pm
  
  Re: ???
  I think most of the sentiment here has not been so much along the lines of "this is a good thing that happened to Apple". It's more of a "live by the sword, die by the sword" kind of thing.
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  - Wally (profile), 14 Nov 2012 @ 5:17pm
    
    Re: Re: ???
    That and the PRC giving in to name squatting on books that don't exist.
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- edinjapan (profile), 16 Nov 2012 @ 1:08am
  
  Re: ???
  人民共和国的中国政府说 "你将得到你的屁股的圆眼外 2269;魔鬼踢"
  
  (translation) PRC Government says to Apple "Roundeye, your IP belong to us!"
  
  And the really funny thing in all this is Apple will complain to the US Gov't about this and the response will be for the DOJ to turn around and slap Kim Dotcom around again.
  
  In Japan we know that the US is a paper tiger. How do we know this? Look at the Senkaku Islands issue. China would never have come into Japan's backyard if they didn't know that the US can't protect our mutual interests in the region.
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Anonymous Coward, 14 Nov 2012 @ 6:59pm

Wait a minute? Is Apple now saying that it shouldn't be held responsible for products that its app developers are placing in the Apple store?

Even if you get over the fact that Apple approves each and every app before it gets posted in the app store in iTunes, they're trying the same defense that Pirate Bay, Demonoid, Megaupload and every file-sharing service in the world uses but think they should deserve special consideration?

hang a minute ...

BWAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA

Had to get that out of my system. Apple, who maintains a tight stranglehold over what's sold in its store is saying that it's not responsible for the apps placed in their app store by app devs even though it's Apple who approves each and every app?

lols

Gotta love the idiots in charge at Apple.
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- Wally (profile), 14 Nov 2012 @ 8:56pm
  
  Re:
  Why should Apple be responsible for something that never actually existed???
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xxx, 16 Apr 2013 @ 2:54pm

message
seek contact with you
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- edinjapan (profile), 16 Apr 2013 @ 7:30pm
  
  Re: message
  what's up?
  [ link to this | view in chronology ]