China and software piracy has been long be brought into relationship and the new Windows 7 gives Microsoft some new headaches with this old problem.
The New York Times article from 18 Oct 2009 reported that “Xinyang market in Shanghai…were displayed…copies of Microsoft’s Windows 7 operating system, a week before it officially was to go on sale“.
Further the article cites that “most experts agree that piracy in China is a long-term issue” and it will not disappear just because legal enforcement is increased or customers are threatened by “installing pirated software, which sometimes comes with viruses and spyware“.
Social Life and Counterfeit Products
Not only software products but most other products find counterfeit’s in the streets and market’s of China Mainland, Hong Kong or Shanghai where Cheung noted that “counterfeit culture is rampant and is becoming part of the social life in China” (Cheung 2009).
Confucius
The problem with intellectual property and the control of expressions over particular ideas in China has been long discussed among scholars and William P. Alford points out in his book “To Steal a Book Is an Elegant Offense” that Confucius himself indicates that “I transmit rather than create; I believe in and love the Ancients” in the Analects and that this behavioral pattern of engaging with the past (paintings, writings etc.) to validate the present is for him a sign of low moral resistance of copying another persons work due to the argumentation that reaching a new level of understanding for oneself through mirroring another’s is an accepted work ethic.
Chinese Apprenticeship Model
The long history of a particular Chinese apprenticeship model (students masters (teacher) relationship) as transfer vehicle for knowledge can be cited as well to the fact that is was common practice for the student to copy a teacher’s body of knowledge and incorporate new ideas into to it which of course would than be seen as a common knowledge unit out of a student teachers relationship rather a particular effort by a unique person is only accounted to this knowledge.
Contract Laws
During the 1950’s and 60’s, the missing of contract laws that would govern any trademarks, patents or royalties is also cited as reason for intellectual property infringement that continues far into the 21th century.
Political interests and Local Governments
Gordon Cheung writes that intellectual property rights (IPR) are “distorted by the intertwining political interests between local governments and business people” and to see on how the concept of IPR is being “understood by people at various levels“.
Reference
Software Pirates in China Beat Microsoft to the Punch, New York Times 18 Oct 2009
Alford W P (1997) , To Steal a Book Is an Elegant Offense: Intellectual Property Law in Chinese Civilization Studies in East Asian law, Stanford University Press
Cheung G C K (2009), Intellectual Property Rights in China, Routledge

