Forum - View topicNEWS: Bootleggers Boot Legitimate Products from China
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jfrog
 Posts: 925 Location: Seattle |
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Yes. Aardvark. |
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Ataru
 Posts: 2306 Location: Missouri (Strikeman) |
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Wow. I mean, wow. So basically, if you don't live here, you don't make the rules. *Insert a some what unclear joke about US and "Bigger Bother".*
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Ohoni
Posts: 3421 |
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Hahahaha, this is just too awesome. China iss just a fun little country.
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napalm68
Posts: 3 |
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You know, I keep thinking that I have seen or heard of every possible permutation of stupidity, but then something like this comes up.
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cyrax777
 Posts: 1825 Location: the desert |
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Should be the new definiton of Irony.
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Erufu
 Posts: 191 |
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Not funny ha ha. Funny as in weird situation. Who'd have thought that legitimate companies would ever get outdone by bootleggers? And is it disturbing that China let bootleggers file and recieve a copyright? Hmm... lower quality big macs... could they get lower? (Forgive me McD fans!) Ahh... ShellBullet beat me to the punch! You know, the bootleggers might be looking at it this way: Yes, the Shin-chan makers had copyrights in Japan, but they did not hold copyrights in China. So, the bootleggers pranced down to the local copyrights office and file a copyright for something that was not copyrighted in China, and, therefore, theoretically legal. Now, here comes the actual makers of Shin-chan selling their goods in China that happen to violate a copyright already held there. It's kind of like the bootleggers beat them to the punch. |
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Iria51
 Posts: 138 Location: San Antonio, Tx |
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Keep in mind too that VCDs are the primary medium in China, not DVDs, because VCD movies will cost far less than a legitimate DVD. The Chinese government has waited too long to deal with this mess and now they are forced to deal with it due to rampant piracy.
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jay saenz
 Posts: 81 Location: Costa Rica |
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So that is what happened here, because the Big Macs of Mcdonalds in Costa Rica are so small that we call them "Meat Cookies". Burger King's Whoopers are bigger and better... Now, i think that Futaba have the right to sue these people, because they are violating the copyright laws. If you are getting money for selling something that doesn t belong to you, you are stealing. Fansubs are different, because they are not earning money for what they do, at least thats they say. |
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Tempest
 I Run this place.ANN Publisher  Posts: 10420 Location: Do not message me for support. |
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This exact thing could happen in the USA. Company X, a bootlegger registers a trademark for a foreign product that isn't currently imported to the USA. Company Y, the legitimate owner of the product decides to import it a few years later. Company X says, "Nope we got the trademark." Company Y then needs to go to court to have the trademark overturned and possibly sue Company X for IP infringement. Company X uses this court delay to sell off its remaining inventory, close shop and dissapear. It's a bit more complicated than that, but that's the basics. It's not a phenomenon reserved to China, but the US trademark laws, and the copyright enforcement make it a bit harder for the bootlegger. -t |
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Tempest
I Run this place. ANN Publisher Posts: 10420 Location: Do not message me for support. |
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That's a matter of ethics, not law. Companies have the legal right to sue fansubbers. Of course, should this happen, the court would take into consideration the fact that the fansubbers weren't charging any money. They'd still lose the lawsuit, but the companies wouldn't be awarded very much in damages, and the fansubbers wouldn't be punished very harshely for the infringement (copyright infringement can lead to jail time). -t |
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Tempest
I Run this place. ANN Publisher Posts: 10420 Location: Do not message me for support. |
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That is essentially what happenned, but with a trademark, not a copyright. Legally speaking, Japanese copyrights are respected in China, as both countries are members of the WTO (The WTO includes a copyright treaty similar to the Berne convention. The copyrights of all member nations are to be respected in all member nations). -t |
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cyrax777
Posts: 1825 Location: the desert |
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Tempest
I Run this place. ANN Publisher Posts: 10420 Location: Do not message me for support. |
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No quite the same thing. UltraCode is trying to trademark MAME to cut-down on illegal use of the MAME emulator to compete with their legit products. Not quite the right route IMHO, but not an attempt to use trademark laws to further illegal gains. 0t |
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Mohawk52
 Posts: 8202 Location: England, UK |
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Now you know why it's called "organised crime".
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AnimeHeretic
 Posts: 179 |
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Unless of course, they're the type of fansubber that charges $6 for shipping, or auctions on ebay or charges for expenses-- all of which can be considered "income" This is an interesting article on anime fans and the law: http://members.tripod.com/~AvatarHR/legalfaq.html If there are flaws in the arguments, I'd be interested in hearing them |
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