AfterDawn: Tech news

Shanghai pirate retailer ordered to pay damages

Written by James Delahunty @ 09 Mar 2007 12:28 User comments (21)

Shanghai pirate retailer ordered to pay damages A Shanghai court ruled that the Shanghai Le Ying AV Products Company (Shanghai Le Ying) DVD retail outlet, located in Shanghai's central business district, was guilty of copyright infringement for selling pirated versions of Motion Picture Association (MPA) member company movies. The ruling, from the Shanghai No. 1 Intermediate People’s Court, was delivered on March 6th.
The court ordered the defendant to pay of damages and costs of RMB25,000 (US$3,230) to three MPA members. The ruling was a result of 20 civil complaints against three pirate movie retail outlets known collectively as Ka De Club shops, in September 2006 filed by the MPA. The rulings delivered yesterday were part of that series of complaints, and disposed of three of seven complaints against Shanghai Le Ying, a Ka De Club company.

The remaining four complaints against Shanghai Le Ying are scheduled to be heard on March 29, 2007. In seven complaints against Shanghai Le Ying, the plaintiffs asked for total compensation of over RMB1.6 million (US$206,763) in relation to the infringement of 24 movie title copyrights.



"The MPA is undeniably pleased that Shanghai Le Ying has been judged to have infringed our member companies’ copyrights, and that the Court is supporting the government's effort to educate people that that there is a price to pay for copyright infringement, and that respect for copyright is important," said Frank Rittman, Vice President and Regional Legal Counsel, Asia-Pacific for the Motion Picture Association, which coordinated the lawsuit on behalf of the plaintiffs.

He added: "However, the Shanghai Le Ying AV Products Company and its sister companies have repeatedly demonstrated contempt for China's laws through the unauthorized and unlawful sale of MPA member company movies, and we are disappointed at the paltry amounts of the awards, which amount only to a negligible cost of doing business for these criminals."

Source:
Press Release

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21 user comments

19.3.2007 12:57

If they outlawed all piracy in China, 90 % of all business would be put out of action....it's what the chinese do best...copy and steal.

29.3.2007 13:08

Yes I know, I have a friend in Shanghai, She says that you can get most new DVD's for only a few dollars (USD). I asked her if they were legit. She didn't know but they had all the jacket notes and 'looked good' She said you can get them everywhere out in the open. I said that doesn't fly to well here...

39.3.2007 15:41

Originally posted by domie:
If they outlawed all piracy in China, 90 % of all business would be put out of action....it's what the chinese do best...copy and steal.
Thats bordering on racism, domie. But to the article, the $3,230 total fine is a long cry from the fine that is advertised at the beginning of all movies in the anti-piracy bull that they run.

49.3.2007 17:48

Quote:
chinese do best...copy and steal.

That isn't bordering on racism that is racism!

@domie: please be more tactful when posting.

59.3.2007 19:58

Quote:
[quote]chinese do best...copy and steal.

That isn't bordering on racism that is racism!

@domie: please be more tactful when posting.[/quote]Look up the definition of racism, Genius. Equating a well known fact to a country and it's people is not racist. It's proven reality.
Me so sorry Me no likey affend you Me sorry long time!
That's racist, Genius.

69.3.2007 22:39
gogochar
Inactive

Originally posted by veyron:
Look up the definition of racism, Genius. Equating a well known fact to a country and it's people is not racist. It's proven reality.
Me so sorry Me no likey affend you Me sorry long time!
That's racist, Genius.
Racism (from Wikipedia):
Quote:
Racism is a belief system or doctrine which postulates a hierarchy among various "human races" or ethnic groups, often leading to the belief of being a member of a "master race". It may be based on a conception assuming inherent biological differences between different ethnic groups, which would be purported to determine cultural or individual behaviour (sic).
As said above, please be more tactful in your comments. This is a news story, not a dumping grounds for BS.
This message has been edited since its posting. Latest edit was made on 09 Mar 2007 @ 10:43

79.3.2007 23:02

Thank you for looking up the definition of racism as I asked. Lets be frank, China leads the world in exported counterfeit material.
It's no big secret. No one is being racist here we're only reiterating well documented facts.

810.3.2007 01:57

wrong... what China makes best is cheap stuff... and the rest of the world buys it...

just look at how many things you have at home that were made in China...

910.3.2007 12:56

sorry, i wasn't trying to be racist, i didn't mean to refer to chinese people in general, i was referring to the chinese manufacturers of dvds and cds and books etc. authors worldwide have long had frustrating problems in China before the advent of digital technology it was counterfeit books as they had no copyright laws.
i worked there for two years, loved the people but was staggered at how difficult it was to get hold of a LEGITIMATE copy of a dvd, nearly all were pirated copies, it wouldn't have been bad if they were GOOD pirated copies but they were copied on really crappy dvd media and about 40 % of them wouldn't even play, just like the mountain of dvd tv series box sets that you see for sale on ebay from unscrupulous american and european ebayers !
i'm not talking about the typical country scenario where you get them in boot sales or back streets, these are major shops in the expensive high streets openly selling 100% pirated merchandise with no hassle from the authorities.

This message has been edited since its posting. Latest edit was made on 10 Mar 2007 @ 12:58

1011.3.2007 11:51

Quote:
If they outlawed all piracy in China, 90 % of all business would be put out of action....it's what the Chinese do best...copy and steal.
They probably do this on the odd occasion to show organizations like the MPAA and others that they are doing something about it. But i doubt they go after the big fish cause it brings money into the country either way.

1112.3.2007 00:46
ZippyG
Inactive

There's nothing wrong with racism fundamentally, and the root definition of racism is the grouping of individuals by race - period. All that crap about one race being better than another, master race, whatever is additional fluff.

Everyone is racist to a degree, not necessarily for malicious reasons. Culture and geographical location influence different races, and in many instances there ARE differences between people in a given race. These differences are not about being "better or worse", but more like they're adapted for living in their environment more effectively.

That aside, the idiots whining that domie was "racist" in his comment failed to notice that "Chinese" is a nationality, not a race (the race would be asian). It was not a racist statement, and it is an accurate statement.

1212.3.2007 12:06

So you wouldn't say that

Quote:
it's what the chinese do best...copy and steal.
is racist? It is demeaning to the Chinese.

(@domie, you did apologize man, I dont post this against you)

1313.3.2007 09:57
ZippyG
Inactive

Quote:
So you wouldn't say that it's what the chinese do best...copy and steal. is racist? It is demeaning to the Chinese.

(@domie, you did apologize man, I dont post this against you)
Once again, for the slower people:

Quote:
..."Chinese" is a nationality, not a race (the race would be asian). It was not a racist statement, and it is an accurate statement.
Add to that the fact that the statement is true, and you really got nothing to say. The Chinese made it that way for themselves by making a national industry out of design copying and media piracy.

Not only do the Chinese pirate various forms of media on huge scales, but they copy patented products and undercut legitimate patent holders with inferior-but-cheaper products. Where do you think knock-off electronics come from? Where do you think most "backup" console games come from? I remember we used to call PSX backup games "HKs" because almost all of them came from Hong Kong (which is in China). If I ever want a knock-off product, the place to go is Chinatown - coincidence?? I think not.

So if you want to call it "demeaning", you could - but not because of the statement, the Chinese demeaned themselves by the choices they made and continue to live by.
This message has been edited since its posting. Latest edit was made on 13 Mar 2007 @ 9:58

1413.3.2007 12:11

Let me try to clear up what I am trying to say. I am in no way saying the China and its people are in no way commiting/associated with piracy. Quite the contrary they are. What I am trying to say is that domie should have been more tactful with his first post. I even said that in my first post...
"@domie: please be more tactful when posting."

So again I'm not saying China isn't a piracy hotspot I'm just saying that saying a all encompassing statement like that is wrong.

This message has been edited since its posting. Latest edit was made on 18 Mar 2007 @ 3:22

1517.3.2007 21:29

ZippyG, you're a prick...

Calling people "slow" base on of your logically flawed relational definition of Chinese is so wrong...

The statement "it's what the Chinese do best...copy and steal." is racist no matter how you look at it. Stop defending that, even Domie apolozied.

Yes, Chinese is a nationality, the race would be Asian. However, isn't Chinese a subset of Asian? So using your logic, "it's what the Asian do best...copy and steal." is a racist statement and if you replace the word Asian with Chinese is not?

Dude, if you have never downloaded any illegal material (e.g. songs), then yes, by all means, cast the stone. If not, please shut up and stop judging other people.

This message has been edited since its posting. Latest edit was made on 17 Mar 2007 @ 9:31

1617.3.2007 22:13
ZippyG
Inactive

Originally posted by Gnawnivek:
ZippyG, you're a prick...

Calling people "slow" base on of your logically flawed relational definition of Chinese is so wrong...
Umm...

Quote:

The statement "it's what the Chinese do best...copy and steal." is racist no matter how you look at it. Stop defending that, even Domie apolozied.
Did you miss the part about Chinese being a nationality and not race?

Quote:
Yes, Chinese is a nationality, the race would be Asian. However, isn't Chinese a subset of Asian? So using your logic, "it's what the Asian do best...copy and steal." is a racist statement and if you replace the word Asian with Chinese is not?
Oh, you did read it, yet you still try to implicate that there is a race of humans known as "chinese". But yeah, the more I think about it...

China = Asians
Japanese = Asians
Vietnamese = Asians

China = Japanese = Vietnamese = Asians

I bet you'd say they all look the same too. :D

Quote:
Dude, if you have never downloaded any illegal material (e.g. songs), then yes, by all means, cast the stone. If not, please shut up and stop judging other people.
So what do we have here...downloading songs is "illegal". Right. And you are equating the Chinese who sell pirated material for profit to someone who downloads pirated material for their own use? Clearly, no difference.

This thread was not complete without your nugget of wisdom to top if off. :D

1717.3.2007 23:02

ZippyG, dude, i admire your organizational skill, the quote thing, but you got serious logic issues...

I never said Chinese=Asian, thus your other equations are all wrong (saying those nationalities are same thing is quite offending). I simply said Chinese is a subset of Asian. There's a difference! If the racial statement is true for the superset, the property is inherited in the subset.

The bottomline is no matter how clever you're trying to mask the original demeaning statement behind elegant word definitions, it's a racist statement regardless. Please don't digress it anymore than you already have.

i never said downloading songs are illegal. I just used songs as one of the illegal materials example. *sigh* please don't digress! Downloading purchased material is legal, that's not what i'm talking about, if you interpret that way, then i'm sorry, i should have elaborate my intended example.

There are differences between profitting illegal material and downloading for personal uses. However, the bottomline is the same no matter how you look at it, i.e. stealing...

Yes, it's obnoxious that people steal and profit from the things they've stolen. But remember that, those people are taking risks. Not that i have respect for them, i'm just saying there are consequences to their actions. Isn't that the point of this news article?

as for your comment "This thread was not complete without your nugget of wisdom to top if off. :D" I'm sorry, i don't know what you mean.

1818.3.2007 02:00

Usually I never comment on these issues, but it seems some of you are not really aware of some simple economic issues, that help facilitate the deployment of P2P networks. One such simple fact is the difference in purchase-power (this is very basic economic logic) between Chimese and, say, Americans.
The Chinese are opportunistic, yes. They see a market, and immediately exploit it.This mentality is extremely competitive.We should learn from them. (Oh, did I hear someone whispering "outsourcing")
All the studios/movie producers, record labels etc, are complaining of lost revenue. Well, let's look at purchasing power again: Some 10-15 years ago, people simply allocated their economic sources differently. A DVD is some 20-30$ in the west, and significantly cheaper in the Asian markets. It would seem the entertainment industry might - in regard to the last mentioned market - have realized that they are losing revenue, not entirely due to piracy, but because they're pricing themselves out of the market.
The simple matter of budget constraints should be viewed in a more sober and lss emotional fashion.
These days a household has expenses for features at a level it did not have, just a few years ago. The oil price has gone up, cinema ticket prices have skyrocketed, people have cell-phones, etc etc.
CD's, DVD's etc are all demand-elastic products, and number of sales will decline because of budget constraints, when the prices of demand inelastic goods go up.
I say stop whining b*****s. The manufacturing cost of a DVD or CD is nowhere near it's retailing price. The price is outrageous! Besides, what about all those that purchased - or leased, as it is - the same content in different packaging more than once, because of format changes?
Since "the industry" is claiming about selling a lot less these days, they should at the same time rejoice about the costs saved in manufacturing, since fewer CD's/DVD's has to enter the market.
Sure, there are short term total costs to be covered when establishing outputs for digital distribution, but once STAC + STVC are covered, the companies should face an upwards sloping revenue curve, since Long term fixed average costs will see significant decrease.
Distributing a digital file is a lot less costly than manufacturing a CD.
If they are losing revenue, they are partly to blame themselves
And, as someone pointed out: How can you lose revenue you never had?
That is reasoning at its most stupid.
There's a number of concepts referred to when businesses strive to become leaner in order to improve their bottomline economy. You have to look at concepts such as lean manufacturing, fordism, post-fordism and outsourcing to understand the full picture(look it up at wikipedia).
Isn't it time Hollywood realized that there is just no way the opulent budgets of days gone by are no longer valid?
"If they outlawed all piracy in China, 90 % of all business would be put out of action"?
That is ignorance at it's worst. Where do you have that number from? What do you actually know about Chinese business?
Chinese business and The Chinese market is largely FDI driven, and a lot of the products you use today, at a fair price, is manufactured in China, or some other low-wage Asian country (outsourcing).
A lot of pirated goods originate from China,yes, but there is substantial market-action in places sucha as the Middle.-east, Russia, Eastern Europe and so on.
Quite a few of the pirated DVD's sold in China come from Eastern Europe, complete with Russian menus etc.
Other goods and brands being pirated are in many instances objects that are associated with part of an idealized image, that people are trying to attain, with whatever means they have. Who´s to blame? I don't know, but ignorant claims such as the above,are not going to solve anything. If "The industry" want to increase their share of a self-created, but elusive market, they should look begin to look at issues such as pricing and general human logic and react on their findings.

1919.3.2007 10:07
ZippyG
Inactive

Originally posted by Gnawnivek:
ZippyG, dude, i admire your organizational skill, the quote thing, but you got serious logic issues...
Just trying to make it as easy as possible for the LCD to understand. :)

Quote:

I never said Chinese=Asian, thus your other equations are all wrong (saying those nationalities are same thing is quite offending). I simply said Chinese is a subset of Asian. There's a difference! If the racial statement is true for the superset, the property is inherited in the subset.
You do realize that declaring Chinese (a nationality) as a subset of a race (asians), you are inherently linking the two together. If a black guy is born and raised in China, he is a Chinese national despite his race. If you are asian, and you are born and raised in the USA, you are an American despite being of the asian race. It's quite apparent that you're clueless, but anyway...

Quote:
The bottomline is no matter how clever you're trying to mask the original demeaning statement behind elegant word definitions, it's a racist statement regardless. Please don't digress it anymore than you already have.
It's not demeaning, it's a fact. These days everyone loves to complain how something "offends" them, but they fail to realize that nobody really cares. I don't care if you find it offensive, good for you! Be offended all you want! That doesn't change the fact that it's true! If someone asks me, even a Chinese person, I'll them flat out that China's biggest business is stealing and copying products which largely include media...and guess what, most Chinese would nod in agreement.

Quote:
i never said downloading songs are illegal. I just used songs as one of the illegal materials example. *sigh* please don't digress! Downloading purchased material is legal, that's not what i'm talking about, if you interpret that way, then i'm sorry, i should have elaborate my intended example.
The more you say, the more you reveal how little you actually know. Try to be more concise and you'll come across as having an IQ over 70.

Quote:
There are differences between profitting illegal material and downloading for personal uses. However, the bottomline is the same no matter how you look at it, i.e. stealing...

Yes, it's obnoxious that people steal and profit from the things they've stolen. But remember that, those people are taking risks. Not that i have respect for them, i'm just saying there are consequences to their actions. Isn't that the point of this news article?
And China does so on a national scale, your point please?

Quote:
as for your comment "This thread was not complete without your nugget of wisdom to top if off. :D" I'm sorry, i don't know what you mean.
Why am I not surprised?

2022.3.2007 06:58

see this really p!$$£$ me of aswell a news report of a guy bein done for pirating n it turns into a heated discusion over rascism n its politics. ok we may sometimes sideline the point but this has no relevence to the story in hand. the rascism stuff should be kept for another forum where everyone who wants to discuss it can. instead people who want to talk about the actual news story have to trawl through the mindless absurdaties to find who has posted stuff about what the orig story was. damn! some people can be shortsighted.

2122.3.2007 14:28

@crof27

This is a public forum and therefore anything can be posted as long as it doesnt break the forum rules. And this discussion is totally fine, I mean you complain that no one in this thread posted anything relevant to the topic of this news posting, well neither did you.

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