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A New Approach to U.S. Copyright Policy against Piracy in China
Unformatted Document Text:  14 other intellectual property rights contravene one of the most fundamental beliefs in the Communist state (Yu, 2001; Ho, 1995). Consequently, it would require a difficult process for the Chinese government to attune to the capitalist-originated concepts of protection of intellectual property rights. (4) Technological factors Intellectual property has been continually developing, constantly reacting to new developments in technology (Goldstein, 1994; Hoffman, 2001; Boyle, 2001; Jackson, 2002). As the origin of copyright was a reaction to the development of the printing press, intellectual property rights have been continuously redefined with the emergence of new technology such as VCRs, DATs, and more recently MP3 file swapping on Napster. New communication technologies have brought new opportunities and challenges to the copyright industries. While these technologies continue to offer new possibilities as delivery and storage systems for information goods, they also pose new problems— primarily piracy and the need for protection of copyrights. With the rapid advance of computer and network technology, copying, editing, recreating and distributing intellectual property are getting cheaper and easier, and are now deeply implicated in our daily life (Davis, 2001; Siegmund, 2000). The historical lowering of copying and transmission costs, facilitated by new technologies, implies a corresponding need to increase the strength of intellectual property rights. While the rapid development of technology is not an issue applied to China alone, it cannot be neglected that the advance of technology really affects the vast level of piracy in China. Optical media piracy started in the mid-90s and is continuing very rapidly. The levels of optical media piracy in China across all lines of copyright business continue to remain above 90%. The expanding phenomenon of commercial “burning” of CD-R has contributed to the massive output of pirated products in China. Internet use, which is growing at high rates, with 33.7 million Internet users at the end of 2001 7 , is (Alford, 1995). As Tiefenbrun (1998: 37-38) notes, “In a socialist society, owning property is tantamount to a sin. Thus, stealing an object that is owned by someone else is less corrupt than owning it outright yourself.” 7 According to a Nielson/NetRatings telephone survey in the first quarter of 2002, China surpassed the more technologically developed Japan with the second largest global at-home Internet population with 56.6 million Internet users (Greenspan, 2002).

Authors: Mun, Seung-Hwan.
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14
other intellectual property rights contravene one of the most fundamental beliefs in the
Communist state (Yu, 2001; Ho, 1995). Consequently, it would require a difficult process
for the Chinese government to attune to the capitalist-originated concepts of protection of
intellectual property rights.
(4) Technological factors
Intellectual property has been continually developing, constantly reacting to new
developments in technology (Goldstein, 1994; Hoffman, 2001; Boyle, 2001; Jackson,
2002). As the origin of copyright was a reaction to the development of the printing press,
intellectual property rights have been continuously redefined with the emergence of new
technology such as VCRs, DATs, and more recently MP3 file swapping on Napster. New
communication technologies have brought new opportunities and challenges to the
copyright industries. While these technologies continue to offer new possibilities as
delivery and storage systems for information goods, they also pose new problems—
primarily piracy and the need for protection of copyrights. With the rapid advance of
computer and network technology, copying, editing, recreating and distributing
intellectual property are getting cheaper and easier, and are now deeply implicated in our
daily life (Davis, 2001; Siegmund, 2000). The historical lowering of copying and
transmission costs, facilitated by new technologies, implies a corresponding need to
increase the strength of intellectual property rights.
While the rapid development of technology is not an issue applied to China alone,
it cannot be neglected that the advance of technology really affects the vast level of
piracy in China. Optical media piracy started in the mid-90s and is continuing very
rapidly. The levels of optical media piracy in China across all lines of copyright business
continue to remain above 90%. The expanding phenomenon of commercial “burning” of
CD-R has contributed to the massive output of pirated products in China. Internet use,
which is growing at high rates, with 33.7 million Internet users at the end of 2001
7
, is
(Alford, 1995). As Tiefenbrun (1998: 37-38) notes, “In a socialist society, owning property is tantamount to
a sin. Thus, stealing an object that is owned by someone else is less corrupt than owning it outright
yourself.”
7
According to a Nielson/NetRatings telephone survey in the first quarter of 2002, China surpassed the
more technologically developed Japan with the second largest global at-home Internet population with 56.6
million Internet users (Greenspan, 2002).


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