Archive for the 'Internet Governance' Category

English Abstracts of the Chinese Entries at BlawgDog (Dec. 21th – Jan. 24th)

 

This movie was made by a few Chinese WOW players. The story is well edited and all the episodes are captured from te WOW game. In this remix movie, the story of the dispute between two Chinese governmental departments on the licensing of the WOW and the the players’ rebellion of the electrotherapeutics to the “net-addiction” are narrated perfectly. The controversial electrotherapeutics was invented by a Chinese psychiatrist and supported by some parents. This is a representative work of Remix by grass-roots Chinese netizens. And it is released with CC-By-NC-SA. Watch it at here (I do wish someone may add English subtitles to it).

 

This post is contributed by Mr. Xuhui Chen, a new co-author of BLawgDog and a patent lawyer in China. The essay provides the passing rates of each year’s examination and other detailed analysis.

 

In this issue edited by Luckie Hong, the following news are included: (1) two guys are prosecuted for oporating unauthorized online-game sever of “Audition Dance Battle Online”; (2) A Beijing court ruled that funshion.com infringed copyright by providing downloading; (3) The Measures of payment of the textbooks’ royalties and the Measure of Protection of the Folklores are drafting; (4) Sany group, a major construction machinery producer wins a litigation on its trademark against the figure of “Benz”; (5) Tianjin high technology industry park promulgated a regulation encouraging the endevor of establishing well-known brands; (6) The series cases on the trademark “世界风SHIJIEFENG” was settled by the parties; (7) XGK, a company in Henan province, wins a lawsuit against State Intellectual Property Bureau for its decision of invalitation of the ZL8910393.8 patent; (8) powerdekor, a mojor producer of wood flooring in China, was involved in a patent law suit on its laminate flooring product; (9) Shanghai encourages the application of foreign patent with the maximum of 90,000 RMB financial aid.

 

This post is originally written in English. Click here.

 

This post is translated and extended in English, please click here for the English version.

 

This is a copy of the CNNIC’s notice requesting ISPs stopping to resolve the domain name which are not recorded in Ministry of Industry and Information Technology’s website registration/licensing system.

 

The Hong Kong government proposed a new version of the Proposals for Strengthening Copyright Protection in the Digital Environment. Xie Lin and Donnie co-authored this short post, which briefly introduced the content of the new proposals.

 

In this issue edited by Luckie Hong, the following news are included: (1) Google apologized openly for the first time in the copyright dispute between Google and Chinese authors; (2) A US software firm sues China for 2.2 billion dollars for using its copyrighted software in the Green Dam; (3) 50% increase of the copyright registration in China, 2009; (4) Hanwang, a Chinese company finally agree to sell the “iPhone” trademark to Apple; (5) Hengyuanxiang, a major Chinese woolen provider, was trapped in a trademark dispute on the “figure of a Sheep”; (6) the tademark of “Pierre Cardin” was finally selled to a Chinese company for 37 million euro; (7) A Fujian firm won IP lawsuit against FKK, a Japanese chemical giant; (8) A patent dispute about Mercury-free batteries falls into a vicious cycle; (9) RichtekTechnology, a Taiwan firm, sued AMD and other 5 US companies for patent infringement

 

 

 

 

In this issue edited by Luckie Hong, the following news are included: (1) Zhejiang Higher Court promulgated a guide for hearing the online copyright disputes; (2) A case on the popular book “Mawen’s War” was ruled in Nanjing; (3) The appealing case on the copyright of electronic navigation map in China (the first one in China) was ruled by Guangdong Higher Court; (4) the exposure draft of the new trademark law was submitted to the Legal Affairs Office of the State Council; (5) Google sent a lawyer’s letter to an individula who is raising an objection to the trademark of Google’s Chinese name Guge (谷歌); (6) Beijing No.1 Intermediate people’s Court affirmed the validity of Judger Group’s (a Zhejiang-based garment enterprise) trademark of GEORGE and its figures; (7) The “Interpretation of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Dispute Cases” was promulgated by the Supreme People’s Court; (8) the new IMPLEMENTING REGULATIONS OF THE PATENT LAW OF THE PEOPLE’S REPUBLIC OF CHINA was passed by the State Council on 30 Dec. 2009; (9) Unilin loses its acts against patent infringing products of Yekalon in Germany.

 

This post firstly briefed Donnie’s definition of “Public Domain” in the context of Chinese copyright law in his PhD dissertation at China University of Political Science, then introduced the idea of “public domain day” on each January 1st for at this day, many works will fall into the public domain every year. Lastly, the post discussed some famous/interesting Chinese works that will be fall into the public domain since Jan. 1st, 2009.

 

In 2009, 170 entries are published at BLawgDog (including 38 English ones). Among them, Donnie contributed about 120 posts, other co-authors contributed about 40 ones. Then this article highlighted a few interesting posts during the year.

 

I annouced a very quick survey to Chinese twitter users: whether they are living abroad or inside of the GFW. 88.46% responed they stay in China. For the question “if you live inside of the GFW, are you use twitter frequently”, 70.21% said yes they are. For the question “if you live outside of the GFW, after going back to China, will you use twitter frequently”, 52.94% said yes, but 23.53% said he/she will use twitter only when she/he is out of GFW. For the question “Ask 5 of your QQ buddies randomly, how many of them are using twitter.” 53.85% of the respondent said none of their 5 QQ buddies is using twitter, and only 1.92% said all of the 5 QQ buddies are using twitter too.

 

Writen and edited by Luckie Hong, a co-author of BlawgDog, reporting the latest news in IP Law. This issue includes: (1) the promulgation of China’s new Tort Law, in which the ISP’s liability was eventually coded in a questionable way; (2) China association of literature copyright said Google has illegally scanned over 80,000 Chinese books; (3) Taiyuan intermediate peoples court in Shanxi Province issued a warrant of seizure to a karaoke bar for copyright infringement, which is the first time on mainland China; (4) the National Trademark Review and Adjudication Board petitioned to the Supreme Court for the Beijing Court’s rulling of its decision on the “Daohuaxiang” trademark; (5) the dispute of the trademark of *ST Sanlian (SH.600898) will be ruled soon; (6) JNJ (Johnson & Johnson) lost the case on the “Caile” trademark in China; (7) A Newyork listed Shenzhen company was sued for a patent infringement, the damages claimed by the plaintiff was 175 million RMB; (8) Aigo and Netac settled the patent dispute on USB flash drivers; (9) Up to 7 Dec. 2009, the annual number of patent granting is 3007,636.

 

This essay reviews the usage of the term “use” in China’s current Copyright Law, and find its definition is hightly confusional, which leads the uncertainty “individul use” in the list of limitations to the copyright in Art. 22 of the Copyright Law.

 

This post questioned the legitimacy of issuing a warrant of seizure to Karaoke bars for the reason of copyright infringement, which was happened in Taiyuan, the capital city of Shanxi Province.

Wanna setup a Personal Website in China? BEING TAKEN A Portrait Please.

 

According to a new regulatory document (in Chinese) announced by the Ministry of Industry and Information Technology, a personal website owner have to BE TAKEN a portrait when she/he is about to “register” the basic information of their websites. The title of the new regulation is: The Scheme of Further Commitment of the Verification to the Websites’ Registration Information (Trial Implementing Regulations) [CN: 工业和信息化部关于进一步落实网站备案信息真实性核验工作方案(试行)]

 

“Registration” is a premising procedure for setting up a website in China.  The information required in the registration includes the domain name, the IP address of the hosting server, the brief introduction of the website’s intended content, the owner/operator’s true name and Chinese citizen ID number, address and other contacts. Although the regulation uses the term of “registration” but not “license”, it is actually a compulsive requirement for any websites. Without registration and the final permission from the Ministry of Industry and Information Technology, a website will be deemed as an “illegal” one and be shut down (China does have an Administrative License Law restricting the governmental organizations from establishing the administrative licenses arbitrarily, but this law is obviously being ignored, again).

 

Anyway, before the new regulation, the whole procedure of registration can, at least, be accomplished online, despite it normally needs weeks, or even more than a month in some cases, to get the license.

 

Now you have to schedule a travel for such registration in accordance with the new regulation. It requires the owners of the personal websites providing their own portrait in the form of registration. To avoid the false portrait, the website owners must present by person with their personal identificatoin documents (like resident ID card, or passport for foreigners), and BEING TAKEN PORTRAIT in the photographic studio (with unified equipped backdrop providing by the MiiT) located at the IDC’s office.

 

Here is the new procedure of the website registration for individuals:

 

Webmasters log on the registration system of the MIIT, and input the information

–> The IDCs or the ISPs (hosting service provider) verify the information 

–> If the informaiton is true (deemed by the ISPs)

–> the ISP send the notice of spot verification

–> Webmaster go to the verification center with ID documents

–> If the informaiton is true (deemed by the IDCs)

–> The ISPs or IDCs input the information and upload the portrait to the system

–> the provincial communication administration examine the registration information

–> If the informaiton is true (deemed by the administration)

–> the registration information will be submitted to the MiiT’s system finally

–> the Webmasters will get the permission of establishing the website.

 

Besides this new procedure, the regulation requires IDCs draw a plan on re-examination of the existing websites (means the websites has been registered beforehand) … it does not said explicitly that the owners of the existing websites also need to BE TAKEN portraits at the IDC’s studio, but leaves such possibility in the wordings.

 

My comments … speechless, speechless, and …  speechless. It seems more and more difficult to write legal blog posts refrained from grumbling.

 

BTW, another news. China’s President Jintao Hu was found established a micro-blog at People’s Daily’s twitter-like service  t.people.com.cn) yesterday.  And that micro-blog was symboled with a “verified real person” badge, and a line of bio stating his current position as the Party Chief and the President of China.

 

Then, in a dozen of hours, that zero-posted micro-blog got 20,000 followers.  Then the server was denied visiting just like being DDOSed. Then the service provider closed “Hu’s” microblog, and confessed that it does not established by President Hu. It is actually an automatically created page for the verified users in the BBS service of the People’s Daily. Hu has (perhaps been) registered an ID with his real name when he showed up for his first online chatting with netizens in 2008.

 

I wrote in a Chinese post said this “accident” proves, again, that, even if we forget the freedom of expression but aiming at locating the wrong-doers, the real-name registration system will be useless in the circumstance of the rapid developing technology and the constantly changing personal situation nowadays. On the contrary, the case that even our President would BE ESTABLISHED a blog without his consent demonstrates clearly what we need to focus on is not the real-name registration law, but the law of personal data protection, no matter it is associated with a real name or a false one.  The law of real-name registration system is based on the presumption of mistrust, and will increase such mistrust among the stakeholders. The law of personal data protection is based on the presumption of trust, and will decrease the misturst eventually.

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President Hu’s “verified real-name” micro-blog (screenshot, the page no longer exist).

Who Survived the Cinternet – Case Studies to Chinese Websites

Thanks for Professor Urs Gasser’s invitation. I am allowed to sit in his course of “Online Law and Business in a Globalized Economy” at Harvard Law School, and get an opportunity to present some understanding to Chinese websites. Because of the limited time slot, I just partly introduced the slides in the class. Therefore, here is a more comprehensive version for those who are interested in.

 

幻灯片1

Hillary Clinton said that “We stand for a single Internet where all of humanity has equal access to knowledge and ideas.” I love this vision, but it is not a truth of the Internet. 幻灯片2

It is untrue not only because the dicky openness of a specific network may be destroyed abruptly (The Internet access in Xinjiang, a northwest region in China three times bigger than Califonia, was simply cut out over 6 months after the mob riot and bloody fight between nationalities), but also because the essence of the Internet: It is inter-net, the Network of Networks. It can be described as an information transmission/communication network composed of many autonomous systems. ARPANET, MILNET, Cyclades (France) and NPL (UK) formed the first generation of the Internet (see the video). More autonomous systems then have been setup and joined the Internet – They joined the Internet by accepting the TCP/IP and other protocols. But this does not mean that they have the same policy on the authority to access and the attitude to the network security.

Similiarly, I name the concept of “Cinternet” to the autonomous network in China.  It could be isolated from the other parts of the Internet infrastructurally, linguistically, politically and even culturally. Recently, the trend of such isolation seems jumped from the level of technological blocking to the level of institutional denying. Contrast to Hillary’s vision, this seems to be an existence, no matter “bad” or “good”. It is there.

A Video on the History of the Internet [http://www.youtube.com/watch?v=9hIQjrMHTv4 ]:

幻灯片3

Google announced that it will not go on filtering the results of web search because it’s E-mail service is attacked. The logic is not that straight forward, but it works at least on emphasizing the not evil slogan. In my view, it is not only the said attacking, but also the anxiety of the culture shock lead Google’s activities. Google is still using its American imagination: fight or obedient, agree or disagree.

幻灯片4

Let’s back to the business. Google’s anxiety in China (as well as Yahoo!’s leaving) may be reasoned by the wrongful understanding to Chinese netizens’ demands and surfing usage, which reflect the Chinese culture and social structure.

Let’s start from a comparision between Baidu.com and Google.com:

Besides the advantage of focusing on the Chinese search engine, Baidu has the totally differenct philosophy from Google. Baidu runs pay for placement service (if you pay for some keywords, your link will be among the first few items of the search result of those keywords, with an “Ads” symbol), while google earns money mainly from Adsense (An Ads system automatically match the page). Baidu provides PostBar and MP3 dowloading as its killer applications, whereas Google develops its applications around the E-mail service (including Gtalk and Wave), which is the core of the US netizens’ online life.

幻灯片5

Google can hire people who understand Chinese culture. But with the strong value oriented mission setting atomosphere, Google’s headquater obviously often conflicted with its Chinese management team. The result is: Chinese Google (Google.cn) is separated from Google’s world, not because of the gov’s censorship, but because of the misunderstanding on what is a good, attractive and sustainable web service for Chinese customers.

幻灯片6

I wish the following websites may be helpful for understanding the unique enviroment of “Cinternet”. The first one is Tianya.cn. Tianya is the most popular and most crowded online forum in China. It’s traffic is ranked No. 90 in the world (Alexa). Click here for more.

幻灯片7

Tianya’s virtual community has a few unique features contributing to its flourish and survival: 幻灯片8

(1)  It has a huge group of volunteer forum-board masters who are in charge of deleting/hiding the defamatory, dissenting and – most specially – inappropriate posts. The board masters are mostly the famous IDs (in many cases most of users don’t know who the people is in real world), they are famous and reliable only because of their reputation established in Tianya.

(2) The un-deletable and un-editable mechanism. No one can delete/edit his/her own posts at the forum boards, even a board master can only manage the posts at his/her board – as a user in other boards, he can do nothing but posting new threads as a normal user. 

(3) If users think a board master is not appropriate, they may leave the complaint at the manage board – and if those complaints are reasonable, the higher webmaster may decide to suspend the board master’s authority – just like the mechanism of “petition” in China’s real life.

(4) Look at that strucutre map again. It’s “separation of the power” looks very like the actual life in China.

幻灯片9

Now this is QQ.comQQ.com is ranked the world 11th website on the matter of traffics (remember, the traffic among the QQ clients are not counted in). Contrary to Google’s matrix based on search engine and E-mail, QQ’s world is based on Instant Message. It is a close system, not providing open API.

幻灯片10

Taobao is not a Chinese Ebay. On the contrary, Ebay’s Chinese branch has been defeated by Taobao. See the above comparision. Alipay, Taobao’s payment tool, archieved over 1.2 billion RMB (171 million USD) of the value of transactions per day on Dec 7th 2009, among its over 200 million users.

幻灯片11

Named after a spice used in Szechuan cooking, Douban allows Chinese consumers to share, tag and browse through one another’s collection of books, music, and movies.

幻灯片12

The contents in Douban are mostly user generated. However Douban is distinct from Youtube: only comments to the items (books, movies and music albums) are posted on the website. In each item’s page, Douban provides the links to the online bookstores (including Amzon’s Chinese site). The prices are easily compared in an item’s page.

Douban’s biggest distinction from the SNS (like facebook) is: it is not a real-name network. Therefore, it is mainly not for social  and personal networking, but for public expression. Besides the review tab in each item’s pages, users can also establish groups and invite others join. There are thousands of groups and thousands of entries are posted every day. Because most users are in anonymous, discussions are very interest-oriented and open-hearted.

If there were no censorship, Douban might be a good platform to form a classic “public sphere”. However, douban enforces a very strict self-censorship policy. Any thread that may “threat the operation of douban in China” will be hidden (only the author can read). The groups include too much “in-harmonious” topics will be closed by douban’s staff – or be hidden and only the members of the group may read those threads. It is obvious that Douban’s operator does not want this websited be involved into any political debate.

幻灯片13

The above is a conclusion to the features of successful websites in China. Practcially speaking, these might be useful for those who wish to invest their money and energy into the Internet industry in China.

Back again to the overall abstract discussion, the world might be flatted by emergence of the Internet, but when more and more parts of this convergence of pink, blue, black or bloody world involve themselves into the Internet, the basic feature of the inter-net as a network of various autonomous systems may be at least continue to be a existence, if not a growing trend, in the new decade. And, with all due desire to the open and equal access to the Internet, I still doubt that the vision of a “single” Internet that believe people must love facebook, twitter and Google wave could be a realist approach to archive that aim.

幻灯片14

iPad is coming … Even in the same culture and society, Apple’s world can be so distinct from the PC’s world (they both connected into the Internet). Imaging how big distinction of the Cinternet’s could be.

The Story of a Chain Resturant

There is a big chain restaurant company who named itself Eatool. Based in Amilina (a country allowing people eat almost everything except small chicken), Eatool provides delicious meats, including pork, beef and adult chicken. At the same time, it also sells dishware and other stuffs in each of its restaurants.
I.
Few years ago, Eatool opened a new restaurant in Cinet, a country where the king forbid selling pork, as well as chicken.
Personally, Eatool’s boss loves pork, but he knows that selling pork in their Cinet restaurant means shut down the business including the dishware. So they hired Cinet people run the restaurant in Cinet, and restricted themselves from selling pork. At the same time, Eatool sells dishware to Cinetizens.
In Amilina, many gourmets criticized Eatool for years: “Hey, pork is delicious. You should provide pork in Cinet. People in Cinet need pork!”
In the mean time, some people in Cinet also claimed: “Hey, we love pork. Why Eatool, the leader of the world restaurants, compromise to the evil regulation of forbidding pork?”
More profoundly, some thinkers either in Cinet or in Amilina said: “It’s not the matter of pork; it’s the matter of choice. No government should restrict the choice of eating. It’s a natural right to eat anything that a human being wants to!”
II.
The prince of the Cinet asked his father, “Dad, they are criticizing us not allowing pork…”
“Amilina forbid eating the small chicken. Tell me, why?” The King did not answer the question but asked his son.
“Small chicken should be protected because they are young.”
“Yes, but attention, it’s a moral reason, not a logic one. Eating small chicken is sick and lousy, so they prohibited it. They need a moral legitimacy for ruling the country. We need too. So we prohibit chicken. The different is just the level of moral standards.”
“Oh, OK, Dad. But … how do we distinguish youth chicken and adult chicken?”
Moral reasons are mostly not steady, and that uncertainty always good for us. You will know that.”
“Then we prohibit the pork for the moral reason too? “
“You are too young, sometimes naive, my son!” Said the king, “It’s not the matter of choice; it’s the matter of interests. Remember: we are good at cooking beef, not pork. If we approve the pork before prepared, you may not be the next king of Cinet, my dear son! If you want to eat pork, just go Amilina, silently. But back to Cinet, we still cannot approve it. You understood?”
“So we prohibit chicken for the moral reason, but prohibit pork for the interests?”
“Not that simple. People used to reasoning their interests with moral argument. Not only us. You will see it. Anyway, pay attention to the guys who bought Eatool’s dishware specific for cooking the pork.”
The next day, Eatool was criticized in Cinet. The state central TV station blames Eatool providing the chicken, and saying chicken endangered the youth’s health. Under the heavy pressure, Eatool revised its menu, deleted all dishes made by chicken.  
III.
A month later, Eatool suddenly sticked a notice at its shop window:
“we decide to sell the pork in Cinet now! We will discuss this with the king of Cinet. We recognize that this may well mean having to shut down Eatool at Cinet. But we have decided to do that.”
This is a big news. Journalists throng to the office of Eatool’s headquarter.
– “Why do you sell the pork now?”
“Because someone tried to break our dishware!” The CEO of Eatool said with angry.
– “who?”
“Someone, not sure. They tried to break our dishware! Not only our products, but also many other Amilinan companies’. The attackers are organized!”
– “Government based?”
“Not sure, but the attacks are aiming at the dishware that we made for the clients who argue for the freedom of eating, either in Amilina or in Cinet!”
“Em … what’s the relationship between dishware and pork?”
“Well, they attack the dishware, its violation of human right! We have principle.”
“Sir, I mean, why didn’t you provide pork before, but now change the mind? Can the pork protect the dishware from attacking?”
“Uh … I guess so … attackers may be busy in ~~ eating pork … em … yes, human rights! They are both the matter of human rights, the matter of freedom of Choice.”
– “When you are saying the dishware, what freedom of choice is about to?”
“Uh… uh…, security! The security of dishware! Without security of dishware, how can we eat pork, beef and even chicken? So as I said, the dishware is highly relevant to the pork. We decide to sell pork because they break our dishware!”
IV.
Reading Eatool’s notice, a client of Eatool’s Cinet shop cried, “Watch it! It’s the principle! The moral of a company! They decided to provide pork! I love Eatool! I will cross the wall and visit Eatool even it’s Cinet restaurant closed! I will not eat in the King’s restaurant, even beef!”
“How did you get the pork before?” Her mama asked, washing the dishware bought from Eatool.
“Cross the wall and visit Eatool’s restaurant in Amilina.”
“So … there is no difference … By the way, where did you buy and repair this dishware?”
“Eatool’s shop in Cinet of course! They don’t prohibit selling dishware! How dare the King prohibit that!”
“OK, after Eatool closes its restaurant in our country. Where can we repair this dishware?”
“Em… cross the wall. It’s all because of the King! I hate the King!”
“Fine, I am old and poor. I cannot afford such long journey for either pork or beef in Eatool’s restaurant in Amilina. Before you fight the King for the Eatool, can you tell Eatool not to change its principle next time? That’s just like the king.
“No mama, Eatool has principle; it was forced not selling pork!”
“Wash your dishware, dear. Eatool sold you it in Cinet. By the way, I suggest you marry the prince, which makes you eating the pork.”
“NO! I don’t like the prince!”
“OK, OK. Anyway, if you don’t marry the prince nor Eatool, then fight for yourself, for me, for those who cannot afford having diner in Eatool’s restaurant.

The Splitting Internet Governance and the Down-to-Earth Solutions

Here is a very brief explanation to and my viewpoint of the latest development of China’s compaign to the Internet Controlling. Like my other ideas, this one might not be mature enough. But anyway, the reason of saying something is to get the commentaries and/or criticisms.

 

1. The definition of the Splitting Internet Governance: it has multiple meanings

(1) The separation of the Internet under the governance of ICCAN (at least namely) and the “Cinternet” under the the governance of the China’s government;

(2) the departed jurisdication of the Internet Governance in China.

 

2. The history of China’s Internet Controlling: My own division of periods

Regulation/legislation regardless the techonology neutrality (1996-2003)

–> Technology Control but very low frequency to enforce the regulations (2003-2005)

–> Begin to rely on the law enforcement but the technology control is still the main stream (2003-2009)

–> Using the law, and put the technology filtering mechanisms the second place (2009)

 

3. Pros and Cons of the above Transform in 2009

Pros: It finally go back to the track of lawyering.

Compare:
2007: No one know who ordered to shut down the website, and sometime no one know the reason.
2008: At least one knows who ordered to shut down the website.
2009: The reason of shut down is explained, and the subject is clearer and clearer

Cons:

(1) The old law (regulation was promulgated in 1990s, and the provisions are not compatible to the ) and the older approach by itself are arbitrary and immature, the enforcement may cause the officals find the benifit of the selective enforcement.

(2) The law may not compatible to the other parts of the “Internet”. The conflicts may be everywhere. The “dark net” may be highly developed.

 

4. the Down-to-Earth Solutions

… forthcoming…

Chinese Posts at BlawgDog from Dec. 14th to Dec. 20th: English Abstracts

From December 14th to December 20th, 2009, seven new Chinese entries have been posted to the Blawgdog. Here are the brief one-sentence abstracts for the English readers’ reference:

  • Top Ten 2009 Copyright News in China
    Chosen by the China Copyright Journal. I added the referral links to those news that had been commented at blawgdog.
  • It’s Wrong not because of Burdening the Duty of Carefulness, but because of Providing Joint Liability
    Some Beijing academicians oppose Article 36 of the drafting China’s Tort Law Bill by saying it should not burdens the ISPs the duty of carefulness. I clarified in this essay that the key problem of Article 36 is wrongfully providing a joint liability to the ISPs. 
  • Turning Exemption Provisions to the Criterion of Liability
    This article is also about Article 36 of the drafting China’s Tort Law Bill. I noted that, in the legal transplantation in recent years in China, the exemption provisions in foreign legislations are often (intentionally or mistakenly) shifted to be the criteria of liability. For example, Sec. 230 of the CDA in US is an exemption arrangement, while Article 36 is a criterion of liability; another example can be the safe harbour to the ISPs in the DMCA (on the so-called red flag test) was wrongfully transplanted to be a criterion of liability.
  • Xinhua News Agency: China will not Resolve the un-recorded Domain Names
    This entry has been translated into English at here.
  • I See the Historical Day
    This post mentioned the latest news: the Ministry of Industry and Information is proposing that the foreign enterprises “must register domain names from Chinese registrars if the names are used for business in China. The domain names oversea registered shall not be used in the businesses toward China.” And admitted the state will “supervise the domain names that launches the website oversea, and take measures to control the foreign name registrars”.
  • Reprint: Two Articles by Mr Youxi Chen
    Chen is a lawyer, and the vice Chair of the Committee of the Constitutional Law and Human Rights in China Bar Association. He published two articles at his website blaming the newspaper misleading the mass in reporting the news that lawyers are arrested in ChongQin. He argues that the Chinese lawyers are in very hard social environment now.
  • China IP Weekly Newsletter
    Writen and edited by Luckie Hong, a co-author of BlawgDog, reporting the latest news in IP Law. This issue includes SNDA Literature (NASDAQ: SNDA’s subcompany) annouced suing Baidu for over one million in infingement of copyright, and the new development of Netac v. Sony, and other 7 latest news.

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