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Yahoo! Slammed Over Piracy By Chinese Court

Posted by Zonk on Fri Dec 21, 2007 12:53 PM
from the dangerous-precedent dept.
An anonymous reader writes "Setting a precedent likely to have far-ranging consequences, a Chinese court has once again lambasted Yahoo! China over piracy concerns. The search firm is (according to the court) infringing on intellectual property rights by allowing copyrighted materials to be downloaded from the internet via search results. 'John Kennedy, chairman and CEO of the International Federation of Phonographic Industries, or IFPI, said in a statement Thursday. "By confirming that Yahoo China's service violates copyright under new Chinese laws, the Beijing court has effectively set the standard for Internet companies throughout the country."'"
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[+] Your Rights Online: IFPI Domain Dispute Likely to Go To Court 90 comments
fgaliegue writes "Ars Technica has a follow-up on the ifpi.com domain takeover by The Pirate Bay. The International Federation of the Phonographic Industry, ifpi.org, is quite unhappy that the .com is now a link to the (still not live) International Federation of Pirates Interests. The ifpi.com domain has been free as soon as March of this year, according to WebArchive. Nevertheless, the "real" IFPI wants to take it to the WIPO under the accusation of cybersquatting."
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  • IS this pay back for the US GOV trying to stand up and block them from giving user info to the Chinese over then data.

    I hope yahoo! does not send more people to Political Prisons.
    • no, this is less evil than that. The Chinese internet "security" market colluded with the copyright lobby to get this new law passed as it will require MORE spending on the "great firewall of china". Next article will be the Chinese court requiring Yahoo to pony up huge amounts for software and hardware to "protect copyrights".

      These are US companies doing the lobbying... China is the prototype for what the US "security"/"morality" market wants the US govt to pass into law.
      • Sure. Clamping down on internet access by their citizens (while forcing companies like Yahoo! to pay for it and take some of the blame) is not at all what the Chinese government wants. If you believe that, I have a firewall I'd like to sell you cheap that blocks all objectionable content (and you get to define objectionable).
  • No surprises (Score:5, Interesting)

    by superbus1929 (1069292) on Friday December 21 2007, @12:57PM (#21781492) Homepage
    Yahoo earned this. They bent over backwards to do business with China, and now they're paying the karmic price. Personally, after what they did to those journalists and bloggers, I love it.
    • The Chinese government selected Yahoo! from a wide number of global dot-com companies cooperating with the Chinese government in not-so-appealing ways. It's impossible to know the details of why Yahoo! was called out.

      I'm not selectively bashing the Chinese because it's only slightly different in the U.S. Look at how the Telco's gave the NSA what they wanted with no questions asked.
      • Re: (Score:2, Insightful)

        I'm not selectively bashing the Chinese because it's only slightly different in the U.S. Look at how the Telco's gave the NSA what they wanted with no questions asked.

        What universe to you live in? Since when has the NSA arrested anyone because they are critical on a blog, towards the US?

        How is it a slight difference? Next you'll be saying the US is only slightly different than Iraq was under Saddam, because we have death by lethal injection and they dropped chemical weapons on Kurds.

        • Since when has the NSA arrested anyone because they are critical on a blog, towards the US?

          Er, actually this is happening. Except that say that its because the journalist's source is a terrorist and the journalist must reveal the source. Some have been held without trial indefinitely.

          Next you'll be saying the US is only slightly different than Iraq was under Saddam, because we have death by lethal injection and they dropped chemical weapons on Kurds.

          There have been 130,000 deaths in Iraq since the US inva

  • Hmm... (Score:5, Insightful)

    by snarfies (115214) on Friday December 21 2007, @12:57PM (#21781498) Homepage
    Hm, gee, I wonder if this same impossible standard will be applied to non-foreign companies in China.

    My guess is "no."
    • Re: (Score:2, Insightful)

      Hm, gee, I wonder if this same impossible standard will be applied to non-foreign companies in China.

      My guess is "no."

      Yeah, especially when you consider that much of the Chinese economy is based on pirated stuff.

    • Separately, the court also upheld a ruling on a similar case against Internet company Baidu. A lower court in November 2006 had found that Baidu had facilitated copyright infringement. But because this case was filed under older Chinese copyright laws in 2005, the company was not liable for copyright infringement, the IFPI said.

      "We are disappointed that the court did not find Baidu liable," Kennedy said in a statement. "But that judgment was about Baidu's actions in the past, under an old law that is no longer in force. Baidu should now prepare to have its actions judged under the new law. We are confident a court would hold Baidu liable as it has Yahoo China."

      So maybe Baidu has fixed their acts?

      Oh... wait... is Baidu.com a Chinese company? That's hard to say because the fact is most successful Chinese Internet companies, including alibaba.com, which was funded by Softbank and Yahoo and which now owns Yahoo China, are funded and run by western VCs. But then that would answer your concern. Who cares the thousands of little real Chinese websites like the pirate DVD sellers across streets in China.

  • Piracy != Privacy (Score:3, Interesting)

    by \\ (118555) on Friday December 21 2007, @12:59PM (#21781532) Homepage
    Man, I thought that headline was "Yahoo! Slammed Over Privacy By Chinese Court", and I was really confused.
    • Man, I thought that headline was "Yahoo! Slammed Over Privacy By Chinese Court", and I was really confused.

      Really, either one makes about the same amount of sense. Which is none.

  • by corby (56462) on Friday December 21 2007, @01:02PM (#21781592)
    This is great news. I predict this law will end all copyright violations of photographs of the Tiananmen Square protests.
  • By confirming that Yahoo China's service violates copyright under new Chinese laws, the Beijing court has effectively set the standard for Internet companies throughout the country.
    A trendsetter! By amazing coincidence, Yahoo! China also sets the standard for companies that fold to totalitarian governments in the name of profits. I'm sure it will be no time at all before Yahoo! China takes care of this pesky issue to China's satisfaction.
  • by explosivejared (1186049) <hagan@jared.gmail@com> on Friday December 21 2007, @01:06PM (#21781678)
    It is basically useless to run a search engine in China. If the search engine has to be responsible for ensuring that content it brings up is in compliance with each every law, sane or crazy, then the data set it opens up to the user will essentially be hacked into one tiny piece. This is perfect for big content and information repressing regimes. The internet is their biggest fear, a decentralized, cheap means of distributing information. If you can narrow its scope, as big content or an information repressing regime, you win.

    "By confirming that Yahoo China's service violates copyright under new Chinese laws, the Beijing court has effectively set the standard for Internet companies throughout the country."

    Translation: "The government has staked its claim. It will control the flow of information on the web across the board. This is just a small step."
    • If Yahoo has any spine left, their next step should be to close up Yahoo! China, leaving just one web page up with an explanation.

      They laid down with pigs and got dirty.
    • I predict/surmise that China will have to relent or compromise. Search engines do good for the site owners of copyrighted material when the return results act as free advertising.

      Site owners who DON'T want their sites OR material OR both to appear should add flags in the site headers. Yahoo! and other search engines could make some deal (not for exploitation by content owners) that if they opt out, then they stand to lose out on advertising. If they opt in, they flag how deep the sites can crawl down throug
  • The Chinese already have to deal with the Great Firewall. Chances of them searching for anything and it coming up are slim to none. People need to stop concentrating on the symtoms of this problem and deal with the source. The repressive regime of a Government that is China.
  • Irony? (Score:3, Insightful)

    by phoebusQ (539940) on Friday December 21 2007, @01:13PM (#21781786)
    I don't want to get into a semantic argument about the definition of "irony", but it sure seems "ironic" that China, arguably the piracy capital of the world, is labasting a search company about piracy concerns.
  • by rtechie (244489) on Friday December 21 2007, @01:15PM (#21781822)
    "A Chinese court has ruled that Chinese companies do not like competition from American companies so they are going to tar Alibaba.com with the "pirate" brush until Yahoo! divests the company. Then they'll ignore the complaints against Alibaba.com."

  • Wait...China is accusing Yahoo of piracy?

    Keep throwing those stones, China; I'm sure it'll do wonders for your glass house.
    • Yes, it makes sense. The U.S. blamed China for rampant copyright infringement, so China blames an American-owned company (or as much American-owned as a company can be in China) for the infringement. It's a time-honored legal tactic: blame the person blaming you for causing the problem.
  • "Your aunt's cousin's mother's friend's gardener's dog's best friend's owner downloaded watched a movie she's not suppose to. You're going to prison!!!"

    I also think we need to sue Toyota for all the car accidents in the world, the fire/matches for all the destruction in Southern California and god for any and all wars/plagues after 0 BC... WTF?!?

    But yeah, this isn't surprising from a country that had a campaign to kill rice eating birds... only to have the locusts devastate their crops the next year.
    • I also think we need to sue ... god for any and all wars/plagues after 0 BC... WTF?!?
      Because before Christ was born, the wars and plagues were caused by Jeff, god of biscuits?
  • in the US. Wasn't the RIAA claiming that ISPs "make available" their copyrighted materials via search results? (If i remember correctly that was slapped down in US court or countered via actual legislation)
    This basically settles the opinion IMO that the RIAA's views on copyright infringement is akin to that of the Chinese government.
    SCARY!

    Now included with your Yahoo search results in China: 10 years hard labor!
  • I wonder why I originally read "IFPI" as "International Federation of Pornographic Industries"?
  • I can't resist. I'll say it!

    Phonographic

    Even though I always consistently with no single exception pause with great surprise upon reading this word, I think my pattern classifier is correct to place it in the category it always does, perhaps it better describes the value of their contribution to society.

  • I'm from China. According to my knowledge (yes I may be wrong) there is a corrupted and politics-oriented jurisdiction system in China but these judges in Beijing are simply performing the practice of Foolishness, which is very unusual.

    And the "new" copyright law... What the fuck is that? I'm not a lawyer but I think I'll be digging in the library for a while in search of the new law. OK if there is really such a piece of crap in our laws there must be some fucking shit in the head of the congressmen or a

    • Re:OH NOZ! (Score:5, Insightful)

      by purpledinoz (573045) on Friday December 21 2007, @01:51PM (#21782432)
      Talk about calling the kettle black. China is probably the largest source of piracy. They really should handle the problem of people selling pirate CDs and DVDs before going after Yahoo for indexing some warez site.
      • I got a laugh out of the irony too. I regularly analyze china-counterfeits of my employer's products - they're found evenly distributed throughout the country and our other international markets.
      • Re:OH NOZ! (Score:5, Insightful)

        by daninbusiness (815223) on Friday December 21 2007, @04:56PM (#21785052)
        It's also telling/glaring that Baidu.com is not being held to the same standards. That site even has a specialized mp3 search on it - http://mp3.baidu.com/ [baidu.com].


        Large governments do tend to engage in nationalistic hypocracy, however, so I guess this shouldn't be terribly surprising.

        • It's also telling/glaring that Baidu.com is not being held to the same standards. That site even has a specialized mp3 search on it - http://mp3.baidu.com/ [baidu.com].

          Large governments do tend to engage in nationalistic hypocracy, however, so I guess this shouldn't be terribly surprising.

          Well, baidu is pretty much only used by Chinese people (though I don't see any English option on Yahoo!, but it's at least a more obvious target for westerns), so why would westerner companies care about that? I mean, Chinese people can't tend to afford western prices, so sales lost are probably small. In fact, piracy may be a good thing for the future of a product, in the same way it has been for MS Windows - it's pervasive here because it's free (almost). If MS Windows was it's real price, Linux would be

      • Re: (Score:3, Informative)

        Talk about calling the kettle black. China is probably the largest source of piracy. They really should handle the problem of people selling pirate CDs and DVDs before going after Yahoo for indexing some warez site.

        They are going after people selling CDs and DVDs. I've seen numerous DVD stores shutdown in the past year. To start with, the stores were forced to sell them under the counter or out of a back room, but now the stores are *gone*. Admittedly, these stores were near a Holiday Inn, so they're focusing on the more obvious (to westerners, at least) ones, but still.

        I know of just one store now, and that is far from any hotels in the middle of an area populated mostly by Koreans. Furthermore, I've recently seen s

        • Re:OH NOZ! (Score:4, Interesting)

          by dwater (72834) on Friday December 21 2007, @08:43PM (#21787076)

          It is not only CD and DVD. Many Chinese companies are known to copy popular brands of goods, with names and appearance slightly modified, but far inferior performance and quality. A search engine is probably least of the concerns when it comes to piracy. This ruling will not improve the slightest bit of China's piracy problems.
          Indeed. The interesting thing about what you say is that the non-CD/DVD things are not sold to Chinese people (much) - the Chinese people I know, know full well the quality is crap and avoid places like that like the plague. DVDs are different, since they're good enough, and the real ones are too expensive (and difficult to find).

          No, the clothing in particular is sold only as a tourist attraction. I'd say that the names and appearance aren't even slightly modified either - they're exactly the same, except that they don't last too long (perhaps they're 'seconds' or have failed quality control).
      • Dunno but from what I've seen Yahoo China has a "warez search" option.
      • Re: (Score:3, Insightful)

        While here in the states Yahoo just sells rebranded AT&T broadband, in Asia, Yahoo is a major broadband provider.

        I don't know about China specifically, but they're one of the faster, more reliable broadband services in Japan, and offer something not unlike Verizon FiOS. Including a broadband television service.
        • Re: (Score:3, Informative)

          Why is this marked '+5 insightful' when the post specifically says "I don't know about China specifically"...which makes the post irrelevant. The post is at best 'interesting'.

          FWIW, I've lived in China for several years and haven't heard of any internet access service provided by Yahoo!. All broadband access I've heard of is provided by CNC, if not directly then by a reseller of some kind.
    • I like to think of these "people" (and I use that term very loosely) in the context of Mr. Morden on Babylon 5. Oh, how I'd love to be Vir...

      I'd like to live just long enough to be there when they cut off your head and stick it on a pike as a warning to the next ten generations that some favors come with too high a price. I would look up into your lifeless eyes and wave, like this [smiles and waves his fingers at Morden]. Can you and your associates arrange that for me, Mr. Morden?
      • Oh, come on! That's not a fair comparison at all.

        The Shadows wanted to spread chaos, death, and destruction across the galaxy. They DESERVED to get their home base nuked by Sheridan.

        That doesn't mean it's fair to compare them to LAWYERS, though.
      • I'm minded of another line from the same show, by a Mr. A. Bester. It went roughly like this:
        "Did you really think I'd just sit back and let a group of evil aliens walk in and enslave Earth? That's my job.". I see certain parallels between China and Bester here.

    • Time for a little tariff increase on Chinese products!

      How about we accept personal responsibility and take actions ourselves rather than rely on the government? Simply avoid Chinese products if at all possible. That has the added benefit that there is no opportunity for government level retaliation, WTO suits, etc.
    • I could really give a fuck about the state of copyright infringement in China.

      You're a member of Prostitutes for the RIAA, or you mean 'could' in the technical sense of 'couldn't'?

      Sorry, sometimes I just can't resist.

    • It's bad enough your "leader" has declared himself an Internet expert. And when he visited the US some time ago, played a round of golf, and then declared to his people he made 18 holes-in one I will never take your country, let alone your judicial system seriously while you spew stupid bullshit like this.
      That was Kim Jong Il, the Dear Leader of North Korea, not China. Besides, he only claimed to have made 11 holes in one -- much more realistic ;)
    • Wow.... (Score:2, Informative)

      "It's bad enough your "leader" has declared himself an Internet expert. And when he visited the US some time ago, played a round of golf, and then declared to his people he made 18 holes-in one I will never take your country, let alone your judicial system seriously while you spew stupid bullshit like this."

      How do you expect anyone to take YOU seriously when you don't even know the difference between N. Korea and China. The leader you are thinking of is Kim Jong Il of North Korea. He had his nation's media
      • The United States has little manufacturing base left. The American economy is completely dependant on China.

        That's only partially true. As the recent mess with lead paint in toys showed, the U.S. is not as dependent on Chinese goods as you would expect. As soon as the news broke, several companies began responding to public perception and shifted their production from China to other countries. Companies understand that as long as it is acceptable to produce goods in China, they can continue to do so, but if it becomes unacceptable with their clients, they have two options: They can just slim their profit margins

        • You haven't looked at the US balance of payment figures lately have you? Nor what China does with all those dollars it gets?

          If it turned its dollars into yuan, the yuan would get too expensive, so instead they look for dollar-based things to buy. Last I checked they were flooding the US credit market, by supporting all this government spending.

          If we suddenly embargoed china, we'd be fucked. Though, honestly, we're just postponing the inevitable.