Amid all the challenges posed for intellectual rights protection in China, online piracy is a tough one: it is relatively new in the nation, it requires expertise in information technology and the number of cases is increasing rapidly.

Courts often find it difficult to deal with issues involved because technologies in online piracy are at times too complicated.

In a case between Wemade Entertainment, a South Korean game maker, and China's Shanda Interactive Entertainment, information was so complicated that the court had to consult game players themselves, many of whom were teenagers, on technical details.

Yet it is a problem that cannot be ignored. China is the world's second-largest Internet market after the United States with more than 144 million Internet users and 850,000 websites.

"The Internet will be the main battlefield in the future work of IPR protection," says Tong Zhilei, a spokesman for China Online Anti-Piracy Union.

To meet the challenge, government bodies are working together to tackle the problem through law enforcement and international cooperation.

The most recent move against online piracy is a joint effort among several government agencies that began last Monday, according to the National Copyright Administration (NCA).

From August to October, NCA, the Ministry of Public Security and the Ministry of the Information Industry will collaborate to crack down on online piracy, a statement by NCA said.

The three ministries will work together to close illegal websites and punish violators that infringe upon intellectual property rights by distributing pirated movies, music, software, computer games and books through the Internet, the NCA says.

During the campaign, the ministries will investigate Internet cafes to punish those who illegally download films and games and circulate them among the public, according the statement. The ministries will also establish a long-term supervision mechanism for professional portals for film, music, software, and books.

Courts are also playing an increasingly important role in online piracy issues. China is establishing more IPR divisions in courts to solve the large number of copyright disputes.

One such newly established division in Beijing Xicheng District Court has received a petition from ChineseAll.com that alleges telecom operator China Tietong provided 14 books earlier this year by seven writers whose copyrights belong to ChineseAll.com.

Authorities are also preparing an Internet system to fight online piracy, according to Yan Xiaohong, deputy chief of the NCA. The system will be able to identify pirated software, films, music and other copyrighted works, Yan says.

International organizations are also playing a bigger role in to combat the problem, which is often not limited to one country. Yan says the government is working on ratification of two international treaties on the Internet with the World Intellectual Property Organization (WIPO).

"IPR law is regional thing in essence, but the Internet is global," said Michael Keplinger, deputy director general of WIPO. "So the communication of information and work on the Internet will have to cross country borders."

A memorandum of understanding on online copyright protection was signed in Beijing last year by the NCA and the Motion Picture Association, Business Software Alliance, the Association of American Publishers and United Kingdom-based The Publishers Association.

According to the memorandum, all sides will strengthen and improve copyright authorization and crack down on transnational online piracy and copyright infringement.

The United States and British sides will provide timely lists of their member companies to the NCA when pursuing protection of their movies, software, video and audio products and written works. They will also provide information on pirating activities that may harm their member companies. The NCA will investigate reported cases and hand over information on illegal activity to the courts.

Cooperation on publicity and training will be enhanced and regular meetings will be held for exchange views on anti-piracy issues, according to the memorandum.

Apart from the government, industry also needs to play a role against online piracy. The best way to tackle the issue, according to Hu Qiheng, chairwoman of Internet Society of China, is to give users a choice by lowering prices for music and movies.

There are many chances for developing business, according to Hu, who notes that the popularity of the Internet has helped boost trade on Ebay, an online marketplace. "If a proper price and purchase channel is available, users prefer to purchase music online," she says.

Chen Yidan, CEO of Tencent Holdings Ltd, a leading provider of Internet and telecommunications value-added services in China, says the strategy of IPR protection is key for the enterprise to stay competitive.

Tencent cooperated with music producers for authorized sale music on the Internet.

"We share profits with producers," said Chen. "It is a good business model."

(China Daily 09/03/2007 page9)
 
 

2013-07-17