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China next in line to sue Apple, illegal App store sales

By | January 7, 2012, 2:44am PST

Summary: A group of Chinese writers have placed Apple in the firing line for illegal sale of their work through the Apple App store.

A Beijing court has accepted a case filed by nine renowned Chinese authors against Apple Inc.

In a case worth a projected 11.91 million yuan (US$1.88 million), Apple are on the firing line for selling the writers’ works illegally within its App store. The technology giant is being taken to court by famous writers including Han Han, Li Chengpeng, and Murong Xuecun, furious at their work being pirated and sold by the corporation.

The company is accused of having failed to block the sale of unauthorised ebook applications, and profiting from it.

(Source: Fergus Randall/Flickr)

Speaking to the Shanghai Morning post, Bei Zhicheng, an official from the writer’s protection alliance, said it was “total theft.” The official believes that Apple is the only well-known corporation online that is profiteering from illegal book sales, with the usual 30% cut Apple receives from app developers.

It is reported that some of the works have been downloaded several million times via the App store, potentially costing the authors millions of dollars. One of writers has accused Apple of “stealing money from our pockets”.

In August 2011, the writer Zhu Jintai became the first Chinese individual to file a lawsuit against Apple when he sued the company for the infringement of intellectual property rights. The author was partly successful in his complaint, and Apple removed the novel from its digital bookshelf.

Following this, Apple issued a statement concerning its App developer terms of service — reiterating that they are not permitted to violate, misappropriate or infringe copyright. The lawsuit for compensation is currently pending.

In October 2011, six writers demanded 6.5 million yuan (US$1.03 million) in compensation from Apple over the copyright infringement of 23 individual book titles, accusing the Apple App Store of profiting by allowing apps to be sold containing the work without permission from the copyright owners.

The Chinese writer’s alliance, who have represented many of the copyright holders, have urged Apple to consider Chinese law in their online sales. They request that copyright certification becomes standard when books are being sold by the App store. According to Bei, Apple has so far refused.

The group, in conjunction with other writers, have also previously waged campaigns against Baidu and Google, causing Baidu to delete 2.8 million unauthorized works, and Google to issue a formal apology in 2010.

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London-based medical anthropologist Charlie Osborne is a journalist, graphic designer and former teacher.

Disclosure

Charlie Osborne

I have no current affiliations or relationships that are worth noting.

Biography

Charlie Osborne

Charlie Osborne, Medical Anthropologist who studied at the University of Kent, UK, is a journalist, graphic designer and former teacher.

After studying Anthropology at university, she spent several years travelling and working across Europe and the Middle East, living for periods of time in Italy and Spain. She has been involved in the running of several businesses ranging from University media and events to b2b sales, and works currently as a freelance website designer and mobile development specialist.

She has particular interests in social media, intellectual property law, data protection and online hacker organisations.

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China has copyright?
janitorman 21st Mar
China has copyright and it actually means something in any other country? That's news to me. Last I heard the Chinese were stealing everything from us, and since there is no copyright law there, they could get away with it, AS LONG AS they didn't try to sell a product within, say, the US, but kept it in their own country.
It's a shame that ANY technology has been sent to China by the traitors who just want to make MORE MONEY by having the cheap labor force build something THERE instead of HERE, where it belongs. Look at our economy, and tell me it isn't the fault of outsourcing, etc. whereas the enemy has benefited.
Seriously, China cares about intellectual property rights now?
@Mgm8870
only when it's their ideas that are taken. Not when it's reversed.
@Mgm8870

US has done whatever it wanted during last 50 years (relying on its military). Now it's China's turn to do whatever it wants.

They will care about intellectual property whenever it is about their companies. Because they can ... !!!
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An odd statement.
Mister Spock 7th Jan
@wmac1
are you aluding that China would use it's military against Apple?
@Mister Spock

I took his comments to mean military power would be used against the great imperialistic western powers as a means to enforce Chinese foreign nationalistic policy.

Actual, if that interpretation is correct, our friend has spent his higher educational dollars in a most unwise manner.
@Mgm8870
Apple doesn't care about intellectual property rights as evident by numerous court cases they've recently lost involving their theft of others' IP. Does that mean that the entire US doesn't care about IP rights?
@toddybottom And which "numerous" cases would these be?
Ever since Apple stole Wifi Sync from the actual developer and blocked him from the app store then stole the pull down status bar from android, nothing surprises me any more about apple.

I'm waiting to see what else Apple flat out steals from someone next and gets away with it. Just seem's awefull funny to me that Apple can just take what they want from people. I just want to say apple compensated greg hughes in no way (except block his app and take his idea) after stealing his stuff, which is now in IOS5. Mind you, years after the app was first available, which you can still get from cydia.
@Nate_K More reasons why people should flat out avoid Apple!
@Nate_K

Yes Apple stole from everyone and benefitted immensely from others' invention.

I wonder where did goog get the touch idea from to use for android.

Greg Hughes must had benefitted immensely from android now or his idea was ripped off by android to the tune that he got nothing for his effort. Poor guy.
@Nate_K The pull down notification bar was the work of a developer who based his work on the Android notification bar - that developer works for Apple now.

The WiFi Sync thing was IMHO simply inexcusable on Apple's part.
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I still remember someone once said, "Great artist steals".

It's Technology meeting Liberal Art street.
@Samic Yeah, and now they are all shocked that he meant that literally!
@Samic I find it amusing the Apple Haters are out in force playing the blame game... it was not Apple that stole the ebooks but the distributor of the ebooks. Those authors are suing Apple because Apple has much deeper pockets than the distributor.
They are the most slimy company I have ever seen in which their reputation seems unscathed every step they take!
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No problem ...
johnfenjackson@... 7th Jan
... once SOPA is passed the Chinese Government will be able to (rightly) claim that Apple's store hosts several works infringing copyright ... and should be removed from DNS and all the company's financial transactions halted until the issue goes through court. Hopefully, in the case of American courts, this will take about 10 years.
@johnfenjackson@... gotta love that SOPA. I sure hope they pass it soon!
@Bill4 .... will be responsible for anything "stolen" and included in anything they sell too.

I see a your point .... it could be fun to watch in court.
uhhh... this makes no sense.

Why are they suing apple instead of the actual company that is offering the ebooks?

Its like some company put copies of their books on a website up for sale, and instead of suing the people who did it, they sure the web hosting company instead...

oh.. yeah thats right, because if its Apple they'll make the news, and Apple has money... they aren't interested in their property rights, they are interested in getting recognition and money.
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Apple is an accomplice
toddybottom 7th Jan
@doh123
Apple profited directly, not indirectly, from the sale of this material. Presumably the authors could go after both the developers and Apple. Going after Apple for the 30% does not stop them from going after the developers for 70%

"they are interested in getting recognition and money"

Apple is the richest company in the entire world because they are only interested in money. When did this become a bad thing?
@toddybottom You are a tool. doh123 asked the right question here: "Why are they suing apple instead of the actual company that is offering the ebooks? The answer is simple and you touched on it in your own plodding and pedestrian way: Apple has money - much deeper pockets than the company offering the ebooks and can pay out more.
@doh123 Firstly, the company do not operate in China, so they can't actually sue them.
Secondly, Apple profited from the ebooks (30% cut/purchase). Thus, Apple is liable to be sued due to having profited from pirated works.
Reading the article, it sounds like a few developers stole some books and distributed them via their application. So how come they are not suing the developer?

Should Google be blamed for the stuff Android developers steal??
@wackoae Your comment is off base. Android developers don't have to give a 30% cut of their sales to Google. Apple's do.
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China has copyright?
janitorman 21st Mar
China has copyright and it actually means something in any other country? That's news to me. Last I heard the Chinese were stealing everything from us, and since there is no copyright law there, they could get away with it, AS LONG AS they didn't try to sell a product within, say, the US, but kept it in their own country.
It's a shame that ANY technology has been sent to China by the traitors who just want to make MORE MONEY by having the cheap labor force build something THERE instead of HERE, where it belongs. Look at our economy, and tell me it isn't the fault of outsourcing, etc. whereas the enemy has benefited.

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