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Hydwin China Blawg

...all about the rule of law in China and the world @ www.hydwin.com or www.cblawg.com

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P2P Making Big Money in China | Profits Outweigh Copyright Infringement Costs PDF Print E-mail
Intellectual Property
Written by Dave Parrack   
Monday, 17 November 2008 19:56

It seems peer to peer companies in China are making big money, both by way of venture capital investments, and an increasingly profitable amount of advertising dollars.

One current example is Chinese P2P company Xunlei (a P2P download manager - the Chinese equivalent of Vuze) is in talks with US venture capital companies to raise a final round of $100 million. This would add to the $30 million it has already raised, including $5 million from Google.

Advertising & Traffic Upturn

According to iResearch, PPLive and PPStream, two Chinese companies that stream TV using P2P technology, are also seeing an upturn, with advertisers increasingly signing deals with the sites, which goes hand in hand with millions of users watching video streams on the sites.

PPLive is the current market leader in terms of traffic, with 24 million active users in May. PPStream, QQLive, UUSee and Tudou also manage millions of monthly users.

To put it in perspective PPLive has generated ($3.4 million) in revenue in the first half of this year with similar Chinese P2P companies seeing similar success.

These Chinese companies are still successful despite the sites suffering from copyright infringement lawsuits. However, as discussed by NewTeeVee the fines imposed in China are only a fraction compared to the US.

Last Updated ( Monday, 17 November 2008 20:02 )
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Regulation and Production of Expressive Works (Fixation of Knowledge) in Networked Information Societies: Towards of a Perspective of Evolutionary Economics - Presentation at CCI PHD Colloquium 2008 PDF Print E-mail
Blog
Written by Administrator   
Monday, 10 November 2008 14:03

The production of expressive works (writings, paintings, musical works, movies and so on) is a creative process of fixation of ideas and knowledge. It is of significance not only to the preservation of human beings’ civilization but also to the very growth of knowledge which, for evolutionary economists, is the origin and locus of economic evolution. The link between wealth creation and growth of knowledge has been a shared theme in a variety of writings of economists, evolutionary economists in particular for many decades. From Marshall to Schumpeter and Hayek, the dynamics of economic progress and its connection to innovation and economic adaptation to emergent novelty apprehended extensive investigation. From the perspective of these evolutionary economists, knowledge and information are critical economic resources in modern economy. To this end, a recent report (the Venturous Australia Report) affirms that information is central to the functioning of the economic system.

Hayek believes that compared to governments, markets act more effectively to optimize the generation and handling of information; however other economists disagree with this assertion. The best approach is likely to be produced by some appropriate hybrid of the two. Modern copyright law (and other laws of intellectual property), as a legal instrument (if not the only one) regulating the production and flow of information, endeavors to sustain this hybrid. However, the existing copyright regime established three centuries ago is very problematic in this new and networked information age. For example, the changing social context, such as the application of new media and communication technologies, new production of knowledge, and especially the democratisation of creativity, has brought about continuing challenges to this regulatory framework. In this networked information society, the prevalence of a participatory and read/write culture and the rise of everyday creativity are reflections of the transformation of the dynamics of knowledge generation and information flow. Accordingly, copyright law more than ever plays an increasing role in the assurance of the flow of information, and thus in promotion of the growth of economy (in both positive and negative senses).

Last Updated ( Monday, 10 November 2008 14:28 )
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Copyright Complaining or Copyright Abusing: A Notice and Take-down Case of this Blog PDF Print E-mail
Intellectual Property
Written by Administrator   
Tuesday, 28 October 2008 12:05

Weeks ago, I received a letter from a guy from TransAsia Lawyers complaining copyright infringment as my personal blog re-published 3 pieces of content of them. Although I believe the using of such content is in the way that is allowed by fair use, I deleted all of them immediately upon their complaining letter. Surprisingly, I was attacked by another letter from them today complianing that I haven't responded to their email. In both cases, the letter were repetitively sent 3 times!!! It is not a complaining letter rahter it is a threatening letter. I am of the opinion that it is a typical lawyer's letter of threatening and bluffing. This is the very part that I hate lawyers or why I dislike to be a lawyer.

I believe the U.S. court's recent move, Copyright owners must consider fair use before sending DMCA takedown notices (see here), would be of significant implications to copyright balance in this networked digital world. The flow of information and knowledge, in my case, is a very realistic concern of copyright users. The preparatory compyright infringment complaining is an act of abusing copyright. Such act of its kind are, in many cases, just bravados of notorious lawyers and copyright holders who even cannot see beyond the length of their nose! There is no chance to expect them to consider public interests and the significance of information flow and knowledge dissemination. Therefore, I believe that there must be statutory rights of copyright users to combat against the tyranny of these copyright holders in order to strike a sound balance between the owners and users of copyright.

Last Updated ( Tuesday, 28 October 2008 13:45 )
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