The Chinese approach to intellectual property

From Good Morning Silicon Valley

It’s taken Research In Motion years to bring its BlackBerry service to the Chinese market. It filed its first application to do business in China back in 1999 and since then has registered at least nine trademarks for the device and accompanying service. And now, just a few weeks before the company is to finally open for business in what’s expected to become one of the world’s biggest markets for wireless communications, China Unicom — the country’s state-controlled wireless network — has rolled out a rival service called … wait for it … RedBerry.

“China Unicom’s RedBerry brand not only incorporates people’s familiarity with the BlackBerry brand name, but it also fully embodies the symbolic meanings of China Unicom’s new red logo,” the company said in an announcement that no doubt had RIM CEO Jim Balsillie seeing red himself. A brazen move and one that’s got to be causing angst over at RIM. RedBerry is virtually identical to RIM’s service, albeit quite a bit cheaper. The standard e-mail account at RedBerry costs less than a dollar a month, plus a few cents for each e-mail sent. A typical BlackBerry account in Hong Kong costs up to $64 per month. Clearly, this is an ugly situation for RIM and one that’s almost certain to grow uglier still. “From RIM’s point of view, this is rather disturbing,” a Canadian business consultant in Beijing told The Globe and Mail. “It’s obviously a copycat name. It’s a fairly clever example of brand piracy.”

Clever? Blatant, more like. I’ve long thought that the key determinant of whether China becomes a real global player in the technology business (as distinct from just being a low cost assembly location) is whether its government decides to get serious about enforcing patents and respecting IP. Despite the Economist‘s recent story suggesting that there might be changes afoot, the RedBerry case implies that state-sanctioned piracy rules ok.

But wait — the plot thickens…

Reuters reports that:

China’s computer manufacturers must install operating software before their goods leave the factory gates, the latest effort to address the thorny issue of piracy before President Hu Jintao visits the United States.

The order was given in a notice issued jointly by the Ministry of Information Industry, the State Copyright Bureau and the Ministry of Commerce on March 31 and released to reporters on Monday.

Chinese counterfeiting is a major irritant in U.S.-China trade and American software firms have said they want to see progress on the issue at the 2006 meeting of the U.S.-China Joint Commission on Commerce and Trade in Washington on Tuesday.

“Computers manufactured within the country’s borders should have pre-installed authorised operating software systems when they leave the factory,” the notice said.

Wang Ziqiang, director of the copyright management department at the State Copyright Bureau, said the notice was not about reacting to foreign criticism.

“This is not because of foreign pressure,” he told reporters. “This is about the country’s economic development.”

Search users ‘stop at page three’

Well, whaddya know — most search users ‘stop at page three’

Most people using a search engine expect to find what they are looking for on the first page of results, says a US study.

At most, people will go through three pages of results before giving up, found the survey by Jupiter Research and marketing firm iProspect.

One wonders how much it cost to unearth this banal truth?

Still running Windows? Read on…

From Sci-Tech Today

Two weeks after a third-party vendor issued a temporary patch to fix a critical security vulnerability in the Internet Explorer Web browser, Microsoft has released a whopper of a monthly patch that includes a fix for the Internet Explorer flaw. The megapatch also includes fixes for nine other flaws, of varying severity, found in Outlook Express, FrontPage, and SharePoint.

In the Security Bulletin announcing the fixes, the software giant acknowledged that eight of the 10 flaws could allow a hacker to take complete control of a computer running unpatched software. To do so, the attacker would have to set up a Web site with malicious code and inveigle the unsuspecting user to visit the site.

The good part, said Rob Ayoub, a Frost & Sullivan analyst, is that these vulnerabilities finally were fixed. He also said that this monthly round of patches is surprising in that the updates apply to so many computer users. Some 90 percent of computer users run Microsoft Windows and the Internet Explorer browser…

On this day…

… in 1945, Franklin D. Roosevelt, the 32nd president of the United States, died of a cerebral hemorrhage at the age of 63. Vice President Harry S Truman became president.

Irish paradoxes

Mine is such a strange country. (The kids and I have been over for a short break, and I’ve been reading the papers and sniffing the air.) On the one hand, Seamus Heaney can fill the Abbey Theatre in Dublin to overflowing to hear him read from his new collection of poems, District and Circle. [What a lovely title.] And soon there is to be a major public celebration of the centenary of Sam Beckett’s birth. Two years ago, the government planned to stage a huge public celebration of the centenary of Joyce’s ‘Ulysses’ (which was set in June 16, 1904), but was stopped in its tracks by Stephen Joyce’s [Executor of the Joyce literary estate] barmy obsession with copyright. The Minister for Culture turns up for John McGahern’s funeral. And so on. So this is a society that takes its writers seriously, right?

Er, only up to a point. Such reverence as exists is a comparatively recent growth, and I’m not sure how deep it goes. My countrymen’s treatment of McGahern provides an interesting case in point. He grew up in a small rural community quite like the one in Mayo from where my mother’s family came, so his background is one with which I am intimately familiar. In my childhood (the 1950s), the parish priest was the most powerful figure in the community. The local Garda (police) Sergeant was the representative of State authority, but in general he would defer to the church. The parish priest was also the ‘Manager’ of the (State-funded) primary school, with authority to hire and fire teachers.

Imagine, then, the difficulty of dealing with the abuse of clerical power. It would have taken a brave parent who, suspecting that his or her child had been sexually abused by a priest, would take the complaint to the sergeant, because it would mean taking on the authority of the church in the full knowledge that the civil authorities would not back such a citizen’s challenge. The consequences of a complaint could be catastrophic for an individual: at the very least it would involve social ostracisation; there might also be irreparable damage to one’s business or career; there would be questions about one’s suitability as a parent; and if one persisted and provided statements to the police, they would often turn out to have been ‘mislaid’ or destroyed when the time came for legal proceedings.

This excerable state of affairs lasted from the foundation of the State in 1922 until the 1990s when the scandal of priestly abuse finally could no longer be concealed and the moral authority of the church finally began to crumble.

John McGahern was a primary school teacher. But then he made a fatal error: he published a novel — The Dark — about sexual abuse and clerical tyranny, which graphically evoked the claustrophobic atmosphere of rural Ireland. The response of the established order was swift and ruthless. The book was banned (of course) for obscenity. But McGahern was also sacked from his job in Belgrove National School, Clontarf, Co. Dublin, on the instructions of the Catholic Archbishop of Dublin, an authoritarian monster named John Charles McQuaid. McGahern’s union — the Irish National Teachers Union (INTO) — which had generally been good at defending teachers who were unfairly dismissed, declined to support him because of a technicality (he had not paid his subscription while abroad on a scholarship).

In the light of his later eminence and fame, losing a job as a teacher might not seem a big deal. But we need to remember that McGahern made very little money from writing until quite late in his career. So losing a secure and pensionable job must have been a serious blow at that vulnerable stage of his life. He left Ireland following his dismissal and spent the next ten years in England, France, Spain and the United States. He said later that the banning of his book and subsequent dismissal left him “unable to write for three or four years after the business” and it wasn’t until 1970 that his next work was published, a collection of short stories entitled NightLines.

All this I knew. What I hadn’t known about was the twist in the tale. Here’s how the Sunday Independent tells it:

Official Ireland humiliated John McGahern until the last months of his life by withholding a modest pension that represented tangible acknowledgement that he had been greviously wronged when he was sacked as a teacher in the early Sixties.

In one fell swoop McGahern was robbed of his profession and his livelihood and spent years struggling to make a living, including a spell working on the buildings.

The best-selling novelist had to wait 12 years after his 60th birthday to get his pension from the State — a shameful delay that caused some financial hardship for the writer and his second wife, the American photographer Madeline Green.

The small stipend was also hugely symbolic. McGahern was a much-loved and gifted teacher and receiving his pension showed that the State accepted that he was unfairly dismissed.

Even as the cancer that was eventually to kill him took hold, there was, it has been claimed, a final humbling delay by “functionaries or zealots” in the civil service in processing his payment.

[…]

Senator Joe O’Toole, a former General Secretary of the INTO said: “He was sacked for no good reason. When he returned from his scholarship [Mcgahern had won a year’s scholarship abroad] he was directed by his principal not to go to his classroom and to stay in the staff room. He tried to contact the parish priest with whom he was very friendly to find that the priest had gone on holiday and left a sort of apologetic message for John saying that the situation was ‘out of his hands’.”

So the scandal over John McGahern’s pension lasted until very recently, which is what makes me wonder how sincere is my countrymen’s commitment to literature and literary freedom. Is it just that we like slipstreaming in our writers’ global celebrity — after they’ve won the Nobel (like Beckett and ‘Famous Seamus’ Heaney) or critical acclaim (as with McGahern). But until that point we revile them as trouble-makers and pornographers? My friends tell me that ‘The Dark’ — that novel that cost John his job — is currently selling out in every bookstore in Ireland, and so is effectively unobtainable offline. Which is a nice irony, given that it was unobtainable for a very different reason when I first sought it out as an undergraduate.

Ireland is now a very different country from the clerically-dominated, introverted, philistinic society of my childhood. But is it any more tolerant? I’m not convinced that it is. True, the old orthodoxy has lost its grip. But in its place has come a new orthodoxy based on the worship of a localised version of liberal capitalism, in which laws are routinely bent to accommodate corrupt planners, businessmen and politicians. I’m sick of hearing friends and family pointing to a housing development here, or a hideous bungalow there, which contravene all known planning regulations. When I ask how these breaches came about, I am told stories about the local “Fianna Fail mafia”, about corrupt relationships between local authority civil servants and local developers, about kickbacks and favours and blackmail. And when I ask why nobody protests or objects I get the same cynical shrug of the shoulders that people got in the 1950s when clerical misbehaviour — or police connivance in same — was mentioned.

If a new John McGahern were to arise — one who told the truth about the despoiling of the Irish environment by developers, for example; or about the corruption of the police in some northern counties; about the officially-tolerated lawlessness of some parts of Limerick City; about the ways that Sinn Fein is funding its inroads into Southern politics; about the scandalous state of public health services; or about the lawyers who have hijacked and crippled many of the Tribunals now inquiring into Ireland’s recent sordid past — I don’t think he or she could expect any more tolerance than was shown to John McGahern all those decades ago. Plus ca change…

Fries with that?

What happens when communications costs approach zero. From today’s New York Times

“Would you like your Coke and orange juice medium or large?” Ms. Vargas said into her headset to an unseen woman who was ordering breakfast from a drive-through line. She did not neglect the small details —”You Must Ask for Condiments,” a sign next to her computer terminal instructs — and wished the woman a wonderful day.

What made the $12.08 transaction remarkable was that the customer was not just outside Ms. Vargas’s workplace here on California’s central coast. She was at a McDonald’s in Honolulu. And within a two-minute span Ms. Vargas had also taken orders from drive-through windows in Gulfport, Miss., and Gillette, Wyo.

Ms. Vargas works not in a restaurant but in a busy call center in this town, 150 miles from Los Angeles. She and as many as 35 others take orders remotely from 40 McDonald’s outlets around the country. The orders are then sent back to the restaurants by Internet, to be filled a few yards from where they were placed.

The people behind this setup expect it to save just a few seconds on each order. But that can add up to extra sales over the course of a busy day at the drive-through. …

Here we go again

From Seymour Hersh’s sobering New Yorker piece

There is a growing conviction among members of the United States military, and in the international community, that President Bush’s ultimate goal in the nuclear confrontation with Iran is regime change. Iran’s President, Mahmoud Ahmadinejad, has challenged the reality of the Holocaust and said that Israel must be “wiped off the map.” Bush and others in the White House view him as a potential Adolf Hitler, a former senior intelligence official said. “That’s the name they’re using. They say, ‘Will Iran get a strategic weapon and threaten another world war?’ ”

A government consultant with close ties to the civilian leadership in the Pentagon said that Bush was “absolutely convinced that Iran is going to get the bomb” if it is not stopped. He said that the President believes that he must do “what no Democrat or Republican, if elected in the future, would have the courage to do,” and “that saving Iran is going to be his legacy.”

One former defense official, who still deals with sensitive issues for the Bush Administration, told me that the military planning was premised on a belief that “a sustained bombing campaign in Iran will humiliate the religious leadership and lead the public to rise up and overthrow the government.” He added, “I was shocked when I heard it, and asked myself, ‘What are they smoking?’ ”

Good question.

Later in the piece, Hersh writes:

The Pentagon adviser on the war on terror said that “allowing Iran to have the bomb is not on the table. We cannot have nukes being sent downstream to a terror network. It’s just too dangerous.” He added, “The whole internal debate is on which way to go”—in terms of stopping the Iranian program. It is possible, the adviser said, that Iran will unilaterally renounce its nuclear plans—and forestall the American action. “God may smile on us, but I don’t think so. The bottom line is that Iran cannot become a nuclear-weapons state. The problem is that the Iranians realize that only by becoming a nuclear state can they defend themselves against the U.S. Something bad is going to happen.”

It’s an interesting piece, worth reading in full. And it doesn’t leave one feeling optimistic. Consider, for example, this excerpt:

In Vienna, I was told of an exceedingly testy meeting earlier this year between Mohamed ElBaradei, the I.A.E.A.’s director-general, who won the Nobel Peace Prize last year, and Robert Joseph, the Under-Secretary of State for Arms Control. Joseph’s message was blunt, one diplomat recalled: “We cannot have a single centrifuge spinning in Iran. Iran is a direct threat to the national security of the United States and our allies, and we will not tolerate it”…

Tut, tut

More tales from the Downing Street nursery…

The Prime Minister and the Chancellor are feuding so poisonously that attempts to stage shows of unity between the two only highlight how divided they are. It is a commentary on the state of the relationship that it is regarded as remarkable that they managed to share a car journey to the launch of their party’s local elections campaign last week.

More revealing about that tortured relationship is what actually happened when the two men were forced into each other’s company on the back seat of the limo. The Prime Minister tried to engage the Chancellor in conversation. I’m told that Mr Brown responded by taking out some papers and burying himself behind them, refusing to reply to every overture until Mr Blair finally gave up trying to make conversation. The journey passed in a bitter silence…

Well, according to Andrew Rawnsley anyway. A sceptical reader might ask: how does Rawnsley know this? There would have been four people in the limo — the PM, the Chancellor, a driver and a minder. So who told tales out of school? The driver? The Minder? Blair? Or Brown? I hate this kind of phoney know-all journalism.

Stand by…

… for a new spasm of demands from clueless politicians for the Internet to be banned/censored/controlled. The reason? Today’s Observer has a report about the 7/7/ London tube/bus bombings which claims that:

A Whitehall source said: ‘The London attacks were a modest, simple affair by four seemingly normal men using the internet’.

The funny thing is that no politician ever calls for the telephone network to be banned, despite the very good evidence that it is used for drug dealing, terrorism and many other nefarious activities…