Tag: <span>En</span>

White Paper: The Internet in China

Released by: 
Information Office of the State Council of the People’s Republic of China

On 8 June 2010

Contents

 

互联网著作权行政保护办法中英文版

Administrative Protection of Copyright on the Internet

互联网著作权行政保护办法

Promulgated by the National Copyright Administration and the Ministry of Information Industry on 29 April 2005 and effective as of 30 May 2005 (Order No. 5, 2005).

国家版权局、信息产业部2005年4月29日颁布,5月30日生效(国家版权局、国信息产业部令2005年第5号)

Article 1 These Procedures have been formulated in accordance with the PRC, Copyright Law and the relevant laws and administrative regulations in order to strengthen the administrative protection of the right of transmission on information networks in internet information services and to standardize administrative enforcement acts.

第一条  为了加强互联网信息服务活动中信息网络传播权的行政保护,规范行政执法行为,根据《中华人民共和国著作权法》及有关法律、行政法规,制定本办法。

Article 2 These Procedures shall apply to functions such as uploading, storing, linking or searching of the contents of works or audio and video products that are provided automatically on the internet in internet information services according to the commands of an internet content provider, without any editing, revision or selection of the stored or transmitted contents.

Where internet contents are directly provided in internet information services, the Copyright Law shall apply.

For the purposes of these Procedures, an “internet content provider” is an online user that publishes the relevant contents on the internet.

第二条  本办法适用于互联网信息服务活动中根据互联网内容提供者的指令,通过互联网自动提供作品、录音录像制品等内容的上载、存储、链接或搜索等功能,且对存储或传输的内容不进行任何编辑、修改或选择的行为。

    互联网信息服务活动中直接提供互联网内容的行为,适用著作权法。

    本办法所称“互联网内容提供者”是指在互联网上发布相关内容的上网用户。

Article 3 Copyright administrative departments at all levels shall carry out administrative protection of the right of transmission on information networks in internet information services in accordance with laws, administrative regulations and these Procedures. The State Council department in charge of information industry and the telecommunications administrative authorities of each province, autonomous region and municipality directly under the central government shall cooperate with such work in accordance with the law.

Radio Berkman: A Non-Unifed Theory of the Internet

Radio Berkman is a series of online radio program produced by Berkman Center at Harvard University. The latest session is an interview to me by Danial Jones on the topic of Cyber-pluralism. Please click the title of this post to read more and listen it.

Caution: the radio program may be played automatically if you are not using IE, please prepare an earphone when you are staying at somewhere requiring silence.

德国著作权法修改资料 German Copyright Law Materials

Changes in the German copyright law
EDRI-gram – Number 6.8, 23 April 2008
http://www.edri.org/edrigram/number6.8/german-copyright-change

The Göttingen Declaration on Copyright for Education and Research
of 5 July 2004
http://urheberrechtsbuendnis.de/index.html.en

Copyright law reform in Germany
http://open-acess.net/de_en/general_information/legal_issues/german_copyright_reform/

中国1990著作权法中英文版

NOTE: Please DO NOT quote this text for current legal cases because it has been amended tremendously twice by the 2001 Amendment of Copyright Law and the 2010 Amendment of  Copyright Law. I republish it hereby merely for the purpose of historical ressearch.

注意:本法已在2001年 和2010年被两次修订,许多条文已经改变,不能再适用。我贴在这里只是为了方便历史研究的回顾。

日本著作权法[2006]及英文翻译

此为日本《著作权法》(2006年修订)及官方英文译本。此外,日本国会于2009年6月12日通过著作权法修正案,点此看修订的内容。

文本来源:http://www.japaneselawtranslation.go.jp/

===================================================

著作権法     
      法令番号:昭和四十五年法律第四十八号     改正: 平成十八年法律第百二十一号     辞書バージョン:2.0     翻訳日:平成21年4月1日

The Statute of Anne 1710

The Statute of Anne; April 10, 1710

 

8 Anne, c. 19 (1710)

An act for the encouragement of learning, by vesting the copies of printed books in the authors or purchasers of such copies, during the times therein mentioned.

I. Whereas printers, booksellers, and other persons have of late frequently taken the liberty of printing, reprinting, and publishing, or causing to be printed, reprinted, and published, books and other writings, without the consent of the authors or proprietors of such books and writings, to their very great detriment, and too often to the ruin of them and their families: for preventing therefore such practices for the future, and for the encouragement of learned men to compose and write useful books; may it please your Majesty, that it may be enacted, and be it enacted by the Queen’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same;

II. That from and after the tenth day of April, one thousand seven hundred and ten, the author of any book or books already printed, who hath not transferred to any other the copy or copies of such book or books, share or shares thereof, or the bookseller or booksellers, printer or printers, or other person or persons, who hath or have purchased or acquired the copy or copies of any book or books, in order to print or reprint the same, shall have the sole right and liberty of printing such book and books for the term of one and twenty years, to commence from the said tenth day of April, and no longer; and That the author of any book or books already composed, and not printed and published, or that shall hereafter be composed, and his assignee or assigns, shall have the sole liberty of printing and reprinting such book and books for the term of fourteen years, to commence from the day of the first publishing the same, and no longer; and That if any other bookseller, printer or other person whatsoever, from and after the tenth day of April, one thousand seven hundred and ten, within the times granted and limited by this act, as aforesaid, shall print, reprint, or import, or cause to be printed, reprinted, or imported, any such book or books, without the consent of the proprietor or proprietors thereof first had and obtained in writing, signed in the presence of two or more credible witnesses; or knowing the same to be so printed or reprinted, without the consent of the proprietors, shall sell, publish, or expose to sale, or cause to be sold, published, or exposed to sale, any such book or books, without such consent first had and obtained, as aforesaid: then such offender or offenders shall forfeit such book or books, and all and every sheet or sheets, being part of such book or books, to the proprietor or proprietors of the copy thereof, who shall forthwith damask, and make waste paper of them; and further, That every such offender or offenders shall forfeit one penny for every sheet which shall be found in his, her, or their custody, either printed or printing, published, or exposed to sale, contrary to the true intent and meaning of this act; the one moiety thereof to the Queen’s most excellent majesty, her heirs and successors, and the other moiety thereof to any person or persons that shall sue for the same, to be recovered in any of her Majesty’s courts of record at Westminister, by action of debt, bill, plaint, or information, in which no wager of law, essoin, privilege, or protection, or more than one imparlance shall be allowed. II. And whereas many persons may through ignorance offend against this act, unless some provision be made, whereby the property in every such book, as is intended by this act to be secured to the proprietor or proprietors thereof, may be ascertained, as likewise the consent of such proprietor or proprietors for the printing or reprinting of such book or books may from time to time be known; be it therefore further enacted by the authority aforesaid,

That nothing in this act contained shall be construed to extend to subject any bookseller, printer, or other person whatsoever, to the forfeitures or penalties therein mentioned, for or by reason of the printing or reprinting of any book or books without such consent, as aforesaid, unless the title to the copy of such book or books hereafter published shall, before such publication, be entered in the register book of the company of stationers, in such manner as hath been usual, which register book shall at all times be kept at the hall of the said company, and unless such consent of the proprietor or proprietors be in like manner entered as aforesaid, for every of which several entries, six pence shall be paid, and no more; which said register book may, at all seasonable and convenient time, be resorted to, and inspected by any bookseller, printer, or other person, for the purposes before-mentioned, without any fee or reward; and the clerk of the said company of stationers shall, when and as often as thereunto required, give a certificate under his hand of such entry or entries, and for every such certificate may take a fee not exceeding six pence.

United States Copyright Act of 1909

 From: http://law.copyrightdata.com/, this text was valid from July 1, 1909 to August 23, 1912.

March 4,1909.

AN ACT TO AMEND AND CONSOLIDATE THE ACTS RESPECTING COPYRIGHT.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person entitled thereto, upon complying with the provisions of this Act, shall have the exclusive right:

10 Websites Make You Understanding the Cinternet

As Google’s abrupt leaving from China, the splitting of the Internet seems faster and faster. I think the following ten websites can lead observers understanding the Chinese Internet. All of them survived China’s censorship, and are developing rapidly. Compare to the websites that has been blocked (that I listed on Wednesday here), they are the real main stream for the over 400 million Chinese netizens.

First of all, They are all in Chinese, and seldom provide multi-language service. This might be the obstacle for the English speaking researchers, but it can also be regarded as the first typical character of Chinese website – not because of the censorship, but because of the population. The formation of a separate "Sub-internet" needs a big enough population.
There are many great blogs and websites reporting Chinese Internet (Cinternet hereinafter), such as Danwei, Shanghainist, Gokunming, etc. But if one wants to understand the trend of Cinternet, the following websites, as well as a little Chinese, plus some translation tools are necessary.

In my view, when we are talking about the Cinternet, the targets should be the "plain" websites, not those pioneer ones. Each of the following websites is crowded with millions of users, and all of them survived the censorship and/or self-censorship. The core/column of the Cinternet should be based on them but not those obviously unsurvivable ones. For example, a research to Chinese bloggers should focus on not only the independent or even blocked bloggers, but also the mainstream in those highly controlled blog services.

1. http://www.QQ.com (Alexa China 2; world 11; on Jan 15th 2010, the same below)
The top website in China according to Alexa in Jan. 2010. And it has almost all kinds of web application including blog (blog.qq.com), game (qqgame.qq.com), news, sns (qzone.qq.com), search engine (soso.com), micro-blog, C2C (www.paipai.com), and most importantly, Instant Message (im.QQ.com). Almost each Chinese netizen has a QQ number. the number of the accounts has exceeded 900 million in 2007, and the active users were over 400 millions in 2008. Then they only publish the number of  concurrent online users – this number exceeds 80 millions on Oct. 10th 2009, and exceeded 90 millions two months later.

Angry Google and the Splitting Internet

From Google.cn, to G.cn, to Chinese name Guge, this Internet giant tried to fit its size and pose to the bottle of censorship, while it still can not afford the conflict of the values. In 2009, it has been blocked from access, humiliated for spreading porn and accused for copyright infringement. Finally, Google expressed its value in a direct, as well as not Chinese, way.

 

When I heard this news yesterday, the first thing what I did was to save the page of Google.cn. It may be dead soon.

Following a tweet, people gathered and present flowers to Google Beijing office (click here for more, and the latest report is: along with flowers and candles, a book 1984 by George orwell joined the gifts for sacrifice):


Twitter  is blocked in China, but yesterday the Chinese twitters made tag #GoogleCN climbed to the top ten of twitter’s keywords. It is a bit touching, and a bit hopeful – A profitable, foreign company get this means filtering and block still not make Chinese people (at least some of them) losing their eyesight and judgment to what is good and what is bad.