Unboxing Asia

Hana Stewart Smith

Chinese writers suing Apple over alleged pirated e-books

By | January 10, 2012, 4:35am PST

Summary: Apple is being sued by a group of Chinese writers over hosting allegedly pirated versions of their work. The group is seeking around $1.22 million in compensation.

Apple faces another legal battle over e-books, after previously facing allegations of price-fixing and now hosting pirated works.

lawsuit has been filed against Apple by a group of Chinese writers alleging that pirated versions of their work are being sold on its App Store.

The nine writers are seeking compensation of around 11.9 million yuan ($1.22million), as well as ceasing sales of the 37 literary works that are allegedly pirated.

The Beijing Second Intermediate People’s Court has accepted the case. The nine writers are part of the China Written Works Copyright Society (CWWCS), which has previously sued Google over its Google Books database.

The group began contacting Apple in July regarding the pirated e-books, asking for them to be removed. Apple has so far refused.

Apple stated that the group did not have “enough evidence” to support the claims that the works were illegally pirated. Apple have declined to comment on the issue, as has the CWWCS.

Bei Zhicheng, an executive for the group said it plans to file another lawsuit after January on behalf of ten more authors over sales of pirated e-books.

“Every month, we are finding new pirated content on the App Store,” Bei said. Other writers have also contacted Apple in the past about removing pirated e-books from Apple’s App Store, a process that can take several months.

“It will often take two to three months before the pirated product is cancelled. But then eventually a new pirated version will appear on the App store,” Bei added.

The group estimates that some of the pirated e-books hosted on the App Store have reached over a million downloads, and the store takes a 30 percent cut of downloads on the platform.

According to Bei Apple has told the group to contact the developers who are selling the e-books, but that information is often not provided.

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Topics

Hana is three things -- small, British, and stranded in Tokyo.

Disclosure

Hana Stewart-Smith

Hana Stewart-Smith's mother is presently employed by IBM UK. No other existing or potential conflicts to report; this information will be updated whenever deemed necessary.

Biography

Hana Stewart-Smith

Hana is three things -- small, British, and stranded in Tokyo. After recognising that a degree in both English Literature and Film is, in fact, two parts unnecessary and useless, Hana decided that a change in pace was in order. With a lifelong passion for writing and a healthy fear/ fascination with technology, the next logical step was to move to Japan and surround herself with terrifying tech and a complete absence of the English language. She'll let you know how that venture works out.

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RE: Chinese writers suing Apple over alleged pirated e-books
non-biased 12th Jan
@rongutman We should not condemn these authors for what others do. For all we know these authors are fighting against piracy in China. Not likely, just saying.
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So we have the supposed champion of intellectual property (Apple) -- at least given how aggresive they've been in their patent lawsuits over the past year -- telling these authors "Sorry, you'll have to go after the people that uploaded the e-books into our Apple Store"...& the only reason I can see for Apple doing this is because the authors are Chinese, & Apple's having issues with other Chinese citizens (with or without their government's tacit, if not overt, approval & support) copying Apple's software/hardware & stores.

Pot, meet kettle.
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So... under SOPA, would this mean the App Store would be taken down? or iCloud?
@UrNotPayingAttention
Yes it would be. For as the law is written is you should down the site. then it will be looked into to see if the claim is true or not.
@UrNotPayingAttention - Well played.
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@ejhonda

LOL... nope, not me... the Chinese. So if (God forbid) SOPA did pass, the Chinese can say "Hey, we've been complaining about this for months!" happy

{sigh} I still cannot decide if the Senators sponsoring SOPA are getting paid off, or are just too stvpid to understand what they're doing
"Apple stated that the group did not have ???enough evidence??? to support the claims that the works were illegally pirated."

So is Apple exhibiting its royalty payment receipts as proof? No???
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Isn't that precious.......
WakkoWarner 10th Jan
Someone in China (you know, that country where they can't innovate anything, even if their lives depended on it - the capital of IP theft & piracy) suing someone else for piracy.
@WakkoWarner
Ever heard of printing, gunpowder, maths so far ahead of the West for millenia that it made us look a bit like you (imbeciles). Go do some research you smug git! By the way what exactly has your vast intellect contributed to innovation that makes you worthy of looking down your nose at more than a billion of your fellow humans?
of innovation from China.

China is no longer the China of history that you're looking at for your defense of them.

When it comes to current innovation, they're not doing as good as many other countries, such as the U.S. or Japan or South Korea or Germany and others. China is keeping up, but that's because of the technology being brought in by those other countries doing the innovation. China has been pretty good at pirating and stealing technology, but, that's not the same as "innovation", unless you want to credit them with being innovative with that piracy and theft.
@allis0 Gutenberg was Chinese? Who knew? On the other hand, if you are referring to Block Printing, the Romans were doing it 600 yrs. before the Chinese. Maths as you call it, the oldest known use was in Iraq 4000 yrs. ago. Whose the smug git now?
@allis0 Somebody sure got their ******* in a wad didn't they.

My first thought when I heard about this was how ironic that somebody in China is suing somebody for IP theft. It's not knocking the Chinese it's just a response to the fact that China is well know for it's rampant piracy. Of course that does not eliminate an fault from Apple is indeed it is pirated work.
It's hilarious that China is actually suing someone over piracy.

I went there and everything I bought while I was there was a knock-off. I bought ********, clothes, software, electronics right off the streets. All of it bogus. There were even open-air markets that dealt specifically in pirated goods. No one there tries to stop it.
My old company had to open an office in China to combat the blatant copying of their electronic actuators, right down to the labels on the parts. They complained to the government who did nothing. It was the only way they could control the sale of parts coming out of China.
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Absolutely hilarious !
da philster 10th Jan
I was ready to start ROTFLMAO, but I stopped because the acronym may have been invented by you know who.
Can't chance getting sued ................
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RE: Chinese writers suing Apple over alleged pirated e-books
UrNotPayingAttention Updated - 10th Jan
@da philster

Ro on Foor, Waffing my a$$ off
Would someone educate them that you don't buy e-books on the app store?
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So a developer puts ebooks on Apple's App Store and now some authors in China are claiming that those ebooks are pirated and are suing Apple rather than the developer who submitted the allegedly pirated works... and yet they cannot prove that the work is even theirs. Does that about sum it up? Like I said in another article dealing with this issue the dev is not being sued because Apple has deeper pockets. The truly ironic thing is that this is coming from the homeland of knock off products.
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IP
HugoM 10th Jan
It doesn't matter who it is, it doesn't matter what their compatriots do, these authors deserve to be treated fairly.
Apple sells the products, therefore Apple has to take action. Apple says that there isn't enough evidence of illegal pirating, but the authors appear to be able to show:
* original authorship
* that they didn't give permission
so there isn't any other conclusion.
A commercial site like AppStore needs to take this up with the people who upload onto their site (no doubt each uploader has to sign a contract to state that they have ownership of the content, so that Apple can countersue the developer if they themselves are sued by the original author), and a commercial site like Appstore can easily implement searches to make sure that any more illegal copies are stopped before they get listed.
Sounds a lot like Apple is saying "we like the profit more than we like integrity". I just hope SOPA law is thrown at them, and AppStore is taken down. Even 1 hour would show that government has the might to enforce the law.
@HugoM Let me guess, based on your post I bet you hope Apple loses not because you want the Chinese writer to get what is their but just because anything bad that happens to Apple is good. You claim they have shown original authorship and that they didn't give permission as your basis but I didn't see that in this article. Maybe it was in another but I have not seen it. If indeed they are the actual authors they should be compensated but not just because you hate Apple.
Just another example of Apple exploiting the Chinese people. Remember that their iphones are made in Chinese Foxconn sweatshops.
@ochabge But where is you rant about the Chinese workers that build the Xbox threatening mass suicide? Not Apple so not an issue?
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What works are allegedly pirated?
progan01@... 10th Jan
Why is there no mention of the titles involved? I find it strange to have this million-dollar claim go unsubstantiated. Aren't we supposed to know? By what rule can't we be told what books are questioned here? We're in the dark regarding this matter, and Ms Smith does us no favor by not providing us the names. I would prefer my IP news a little less nebulous, please -- or, should I say, deliberately obscured for reasons themselves deliberately obscured.

Whose side are you on, anyway?
@progan01@... I agree. Some actual journalism would have been nice here.
The Chinese authors are missing out on their royalties. I am so sad. How about the Billions in intellectual property stolen by software Pirates in China and the Hacking from Chinese Universities into US Defense Dept, Nuclear Facilities, Utility Companies, embedding hacks into hardware they manufacture (MOBOs, Networking, etc..) this coasts the US Government, Tax Payers and US Companies Billions of dollars in lost revenue and Security Costs. I have no sympathy for these authors as they have none for the authors of products stolen and freely distributed in China. SOPA is government control, we need less, not more. To the Chinese "don't throw stones in a glass house". Who decides what's fair..

One Mans Opinion,
Ronthegray
Cape Cod, MA
@rongutman We should not condemn these authors for what others do. For all we know these authors are fighting against piracy in China. Not likely, just saying.

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