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A New Approach to U.S. Copyright Policy against Piracy in China
Unformatted Document Text:  15 emerging as a new threat to distribute pirate prodcuts (CNNIC, 2002). As the rapid growth indicates, the video game industry estimates that 25% of the piracy occurring now in China results from the downloading of videogames from the Internet. Also, as popularly known as the Napster case, the increasing volume of music file-sharing in both China and its neighboring countries gives rise to concern about the Internet as a piracy- facilitating medium. In addition to the Internet, the rapid diffusion of home video equipment is another reason for the ever-expanding demand for pirated copies of optical media products. For example, there are now over 5.3 million DVD players. VCD players can be purchased for as little as $43 and the MPA estimates that there are over 55 million VCD players in China (IIPA, 2002). Problems of U.S. Intellectual Property Right Policy Despite the government’s increased efforts to combat piracy and the public’s heightened awareness of intellectual property rights, the coercive American foreign intellectual property policy failed to create any sustainable and continuous protection for American products. As illustrated above, Intellectual property piracy still remains rampant in China. A close look at the proliferation of pirated goods in and around China demonstrates why the current system of protection for U.S. intellectual property in China is widely regarded as inadequate. One of the fundamental reasons is that U.S. Intellectual property policy enforcement in China has ignored the sensitive political, economic, cultural differences between two countries. Regarding this failure, Alford (1995: 2) points out that “current attempts to establish intellectual property law, particularly on the Chinese mainland, have been deeply flawed because of their failure to address the difficulties of reconciling legal values, institutions and forms generated in the West with the legacies of China’s past and the constraints imposed by present circumstances.” U.S. trade pressure on China has historically ignored deep-seated cultural and historical resistance to protecting intellectual property rights. As Alford (1992: 5) claims, “laws premised on the values and institutions of an economically advanced capitalist democracy will not generate identical results when transplanted to a different setting.” Thus, the U.S. government failed to understand

Authors: Mun, Seung-Hwan.
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emerging as a new threat to distribute pirate prodcuts (CNNIC, 2002). As the rapid
growth indicates, the video game industry estimates that 25% of the piracy occurring now
in China results from the downloading of videogames from the Internet. Also, as
popularly known as the Napster case, the increasing volume of music file-sharing in both
China and its neighboring countries gives rise to concern about the Internet as a piracy-
facilitating medium. In addition to the Internet, the rapid diffusion of home video
equipment is another reason for the ever-expanding demand for pirated copies of optical
media products. For example, there are now over 5.3 million DVD players. VCD players
can be purchased for as little as $43 and the MPA estimates that there are over 55 million
VCD players in China (IIPA, 2002).
Problems of U.S. Intellectual Property Right Policy
Despite the government’s increased efforts to combat piracy and the public’s heightened
awareness of intellectual property rights, the coercive American foreign intellectual
property policy failed to create any sustainable and continuous protection for American
products. As illustrated above, Intellectual property piracy still remains rampant in China.
A close look at the proliferation of pirated goods in and around China demonstrates why
the current system of protection for U.S. intellectual property in China is widely regarded
as inadequate.
One of the fundamental reasons is that U.S. Intellectual property policy
enforcement in China has ignored the sensitive political, economic, cultural differences
between two countries. Regarding this failure, Alford (1995: 2) points out that “current
attempts to establish intellectual property law, particularly on the Chinese mainland, have
been deeply flawed because of their failure to address the difficulties of reconciling legal
values, institutions and forms generated in the West with the legacies of China’s past and
the constraints imposed by present circumstances.” U.S. trade pressure on China has
historically ignored deep-seated cultural and historical resistance to protecting intellectual
property rights. As Alford (1992: 5) claims, “laws premised on the values and institutions
of an economically advanced capitalist democracy will not generate identical results
when transplanted to a different setting.” Thus, the U.S. government failed to understand


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