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Print 17 comment(s) - last by kb9fcc.. on Nov 19 at 3:26 PM

Legal row over Chinese fonts at the center of the controversy

With the huge popularity of Windows operating systems, the software is the target of many suits and complaints – Microsoft has found the popular OS at the center of many controversies over the years.

Other Microsoft software has also been the source of controversy as well. Microsoft was forced to remove Internet Explorer as the default browser in its new Windows 7 OS for Europe and in its place was a ballot box that allowed users to choose their browser when the OS was installed. The addition of the browser ballot box made it easier for users to choose the browser they wanted to use rather than what Microsoft installed.

It hasn't bee too long since Windows 7 officially launched as the latest addition to the Windows family and the OS has already grabbed about 4% of the PC market. Windows is at the heart of another controversy, this time in China. Chinese courts have ordered Microsoft to stop selling some versions of Windows inside the country after the courts found that Microsoft had violated a licensing agreement.

The license agreement has to do with fonts for Chinese characters that were designed by a Chinese firm. According to the firm, Zhongyi Electronic, it has a license agreement in place that allowed Microsoft to use fonts that it developed in Windows 95. However, Microsoft allegedly continued to use its fonts in subsequent versions of Windows including Windows 98, 2000, 2003, and XP.

The Chinese courts have ordered Microsoft to stop selling the infringing operating systems. The new ruling marks an increasingly aggressive culture among Chinese firms. For a long time it was foreign firms that were seeking assistance inside China for infringement with the prolific pirating operations that are ran inside China.

Microsoft says that it is appealing the ruling. The company issued a statement saying, "Microsoft respects intellectual property rights. We use third party IPs only when we have a legitimate right to do so."

Windows 7 was not included in the ruling.



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While I can't comment on the validity of the claim...
By Motoman on 11/18/2009 11:24:22 AM , Rating: 5
...I'm going to project that the effect of Microsoft stopping sales of Windows in China will effect the usage rate, and new install rate, of Windows in China by approximately 0%.




By masamasa on 11/18/2009 11:29:07 AM , Rating: 5
You are right. Pretty much every copy of Windows in China is illegal. The percentage of legitimate copies is so low that it's not even worth looking at. A little hypocritical isn't it.


By masamasa on 11/18/2009 11:39:01 AM , Rating: 3
"As already noted, SPA says the piracy rate in China was an astounding 98 percent (see story, pg. 1). SPA says the Chinese government's past unwillingness to take action against pirates has created a huge and pervasive counterfeit problem."


By Nik00117 on 11/19/2009 4:04:08 AM , Rating: 1
So I'd be Microsoft i'd just be like "heh fuck it" no sense in caring about the Chinese market if all they do is pirate the software and not pay for it.


Easy Solution
By DaveLessnau on 11/18/2009 11:43:47 AM , Rating: 4
Here's an easy solution for Microsoft. Just pull all Chinese fonts out of Windows and stop distributing the Chinese language pack. It's not like that would affect their bottom line. Though, according to:

http://www.digitaltrends.com/international/study-f...

"China’s piracy rate has dropped from 90 percent in 2004 to 80 percent in 2008..."




RE: Easy Solution
By keegssj on 11/18/2009 1:43:06 PM , Rating: 1
Pretty hard to believe those numbers

BSA says 20% of all software in the US is pirated? Doubtful


RE: Easy Solution
By kb9fcc on 11/18/2009 2:13:05 PM , Rating: 2
quote:
"China’s piracy rate has dropped from 90 percent in 2004 to 80 percent in 2008..."


There's so many ways to slice this onion, especially with a total lack of any real numbers.

Like...
Between 2004 and 2008, the total population of China increased by ~5% (1.28 billion to 1.33 billion). And so, like everywhere else, the percentage computer users increased by 25%, just between 2007 and 2008 (210 million to 263 million)! If one's going to be loose with the figures, that could put the 2004 user base at 108 million. And, as it turns out, a little digging turns up a number of 103 million users in 2004.

So, let's crunch some imaginary numbers, shall we?
2004) 103m x .9 = 92.7m
2008) 263m x .8 = 210.4m

Right, piracy in China is down, by going up to about the same number of total computer users as in 2007.

(Yes, the rate is down. The numbers assume users, not software packages, OSes, etc., etc., An otherwise near pointless lunchtime exercise showing numbers can be made to support nearly any point).

I notice that Windows 7 wasn't listed with the other versions of "violators", so I wonder if Win7 is exempt? In which case I'm sure MS would love to drop all the others like a lead balloon, and push billions of Win7 licenses.

Except, I'd bet most of the machines there won't handle Win7 (well, more than Vista, anyway) and that would mean millions (and eventually billions) of users going to really free alternatives like Linux and OpenOffice. Why would I say that? Let me ask, why is MS selling any other OS in China other than Win7 now? You can't readily get XP or any prior OS anywhere else. So, why there?

Best guess, to continually saturate the China market with anything other than the open source alternatives. MS is probably giving XP (and Office) away for next to nothing, and could care less if pirated copies are sold/installed, because that's one less machine an open source alternative might show up on. And if MS loses China market share, then they're just a small bit player that's lost the monopoly control of de facto OS and office standards. No? In 2008 China's number of computer users was over 85% of the USA's TOTAL population, not just computer users. At 25% growth rate, they've already passed 100%. And in a very few years that number will hit half a billion. With numbers like that, China can, and will pick what ever standard they want, with, or without MS. And that's got to be MS's worst nightmare with a ruling like this.


RE: Easy Solution
By lightfoot on 11/18/2009 5:56:39 PM , Rating: 2
quote:
Except, I'd bet most of the machines there won't handle Win7.

Why would you assume that? Most of the components in your computer are probably made in China. Their components are most likely made in the same factories even if they aren't "official." Their computers are probably very good knockoffs of everything that Lenovo sells (not to mention Acer, Dell, Apple and HP.)

These third-shift counterfeits are indistinguishable from the "real" product.


RE: Easy Solution
By kb9fcc on 11/19/2009 3:26:45 PM , Rating: 2
quote:
Microsoft will have to stop selling the Chinese versions of its Windows 98, 2000, 2003 and Windows XP , according to the court.
Bold, mine.

Because, according to court order, the OS versions being stopped have very low hardware requirements compared to that of Win7. Only with the XP/2003 machines could there be some hope of some of them running Win7, but forget most, if not all, the 98/2000 machines.

Why would any one want any of the older OSes today? Could it just be the lower hardware requirements? Why? Because, without even knowing what you do for a living, I'll bet that you make more in a month than most folks in China do in a year. So even being so close to the source of manufacture for many of the items that end up in a PC, I'm guessing that most PC's in China are not the latest and greatest. Even a new minimum requirement Win7 PC would represent 25% to 50% or more of an average Chinese worker's annual income. I think it's safe to say that any PC older than a year or so in China, while it will run the older OSes ok, isn't going to cut it for the minimum requirements for Win7 today, because it's most likely it wasn't a bleeding edge, loaded machine when it was new.


cash cow
By tastyratz on 11/18/2009 11:32:42 AM , Rating: 2
Companies like that agitate me. If they developed the font for win 95 you know they were sure as hell aware of its use in windows 98 almost immediately. The fact that they waited this long was purely to try to cash in on the compounded sales figures through the versions... and if not they should just be dismissed for gross neglect.
Is there some sort of statue of limitations that applies here? I am sorry but Zhongyi Electronic waiting over 10 years to sue is just iconic of our need for global copyright reform.




RE: cash cow
By Cr0nJ0b on 11/18/2009 3:59:50 PM , Rating: 2
I say more power to them. If microsoft signed a license agreement with them the specifically stated the fonts could be used in Windows 95 and did not extend that license to any future versions of the OS...then Microsoft is at fault. Regarless of how long it's taken Zhongyi to properly enforce their rights. MS has had a long history of "adapt and extend", which in many cases meant stealing IP from "Partners" and extending it into new products for their own profit. I don't feel the least amount of pity for MS in this action. Any who's to say that Zhongyi didn't try to work this out with MS before this action? I would assume taht they made many attempts over the years to try to collect but were rebuffed or simply ignored.


RE: cash cow
By dtm4trix on 11/18/2009 5:03:23 PM , Rating: 2
I agree with you in a certain respect I think MS should change their "evil" ways. But this ruling is pretty ironic considering China's record on patent infringement and piracy as a whole. I am not saying MS is right it's just that their courts are completely unfair in addressing across the board patent infringement, but what should one expect of China? They have never played by the rules why should they start now?


RE: cash cow
By dark matter on 11/19/2009 8:40:41 AM , Rating: 2
Just because your neighbours behave badly does not excuse you to act the same.


A little ironic...
By masamasa on 11/18/2009 11:26:50 AM , Rating: 1
A little ironic considering China pirates/clones just about everything that anyone else makes and has pretty much zero consideration for the copyrights of others. I suggest they start addressing their own massive copyright infringement problem before they start pointing the fingers at others.




RE: A little ironic...
By The0ne on 11/18/2009 12:41:26 PM , Rating: 2
Like human rights issues or censorship, They say one thing and do the other :D

IMO, I think it's a whole cultural thing instead of just the government. People there just don't care, even when they seem like they do. Now, there are plenty of variables to this argument but I'm really sick of traveling to China on business and seeing this crap all around. I hate seeing children being abuse or used the most. I'm talking about being under 10 years old.

Everyone either looks away, don't care, or follow what's going on. If you stand in the middle of the crowded street and just think of what's going on, how these people are living and why things are the way they hard it becomes astoundingly complicated and fcked up.

Whatever or whomever the blame is pointed at, ultimately these people are fcked up.

Sorry about that. China just a bad effect on me.


My My...
By The0ne on 11/18/2009 12:35:44 PM , Rating: 2
My my my...what a predicament..eerr...oxymoron this is.




Be it known...
By plowak on 11/18/2009 7:42:00 PM , Rating: 2
From the realm of OS X, Queen of all operating systems, Apple has issued letters of marque to certain individuals to freely pirate PC software. So whether you believe software piracy to be illegal or immoral probably coincides with how you hold the past activities of the late Sir Francis Drake.
God Save the Queen!




"Google fired a shot heard 'round the world, and now a second American company has answered the call to defend the rights of the Chinese people." -- Rep. Christopher H. Smith (R-N.J.)














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