Re: Chinese copyright (fwd)

Our copyright agreements with China are enforceable in the U.S. and (for a foreigner) most likely unenforceable in China. When I lived in Japan, I studied at a university with many Chinese students and I spoke with them and many others about copyright violations in their nation. Quite a number of students felt it was more than o.k. for a "poor, developing" nation to copy secrets of a "rich, capitalist, ex-colonizer" such as America.

The concept of "western" copyrights is seen by some as merely a facade for perpetuating western economic dominance by denying honest, hardworkers in China the technical means to compete. Economically, China has no choice but to comply with western copyright standards because to do otherwise would deny them the lucrative export markets they need to develop. Therefore, though they must agree to western standards, they need not implement compliance when to do so works against their immediate economic interests. It is a version of the contract made under duress is void argument.

Although the argument above is a sophisticated version* of the many arguments I have heard from Chinese, the thoughtfulness of the argument is not surprising because most of the students with whom I spoke were intelligent people who spoke with conviction. However, I disagree with their opinion. Like most Americans I believe copyrights are necessary to protect intellectual works in the market.

• Other reasons that I have heard are: You, westerners, colonized us. This is our just rewards. Communists can manipulate the capitalist system to achieve the worker's ends, and my favorite: well, the Japanese did it.)

My unsolicited point is that while it may seem unfair that we take copyright law seriously eventhough the Chinese and (many others) don't, it is not a situation which works entirely in China's favor. China's copyright violations are one of the major factors preventing foreign investors from putting their money and technology into China. They need that money. Yet, America's economy is reliable and foreign investors come to America not only for market access, but for skilled workers and a safe environment.

Although the original question was whether copying a Chinese work is wrong or not", I wish to expand the framework to consider before answering. It seems that our agreement with China (the Berne agreement) makes it illegal. Obviously, the Chinese violate the agreement. Is it nullified by their violation? Should we continue to adhere? Yes, from an economic and political perspective, it is in the interest of America to maintain its world leadership by committment to its ideals (even small ones such as copyright). Because America by and large honors its obligations, we win respect and reliance. On the other hand, China will have to mend its ways to enter WTO and obtain international respect as an economic power. If America were to abandon its ways, China and many other nations would never change. As the world's largest economy, we can afford to lead by example.

In conclusion, if a company were to illegally copy Chinese literature or copyrighted material, I would argue that it is in the nation's interest to prosecute them like any other violator. America's adherence to international trade agreements is more important to our self-interest than the quick buck to be made off of piracy. (Despite what many Japanese say about American business being too short-term profit orientated, this is one area where our long-term vision enables us to steer a steadier course than other countries.)

A little long winded, but anyway...

Bud

William Roth (aka Bud)   |   first year student   |   tel. 406-728-2305
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