According to data released January from China Internet Network Information Center, the number of Internet users in China has broken through 500 million already by the end of 2011, which increased by 28 million compared with the first half of 2011. By now, China has about a 38.3% Internet penetration rate, an increase of 3 percentage points compared with last year.
China's web culture and regulatory environment remain very different from those of other countries, and there are many unique characteristics of China’s Netizens. 70% of the Chinese users are under 30 years of age; they are the new “Shopaholic S”. But they usually do not pay for any software or eBook online, only for physical commodity and some games. Computer users can easily pirate software for less than $2, or download software like Tomato Garden free of charge. In addition, PC games are relatively easy to pirate and download for free; So many teenagers would do this rather than buy a game. The Chinese users can almost get everything from the Internet, including the best-selling novel, latest movie, music or software by totally free.
It sounds that this “free Internet environment” provides Chinese users with “great convenient”, but it’s not. Network tort already became increasingly pressing issue in China since this illegal download has hurt more and more people’s rights.
For example, Baidu, China’s biggest search engine, known for illegal downloads, involved in a lawsuit about copyright tort for one of its functions called “Baidu Library”, which allow people to upload and download literature for free. Thunder also is involved in similar lawsuit for supporting free downloads of movies and software. Actually, such " encroach copyright issue desk " had happened again and again in China.
In the passage, we will discuss three cases about issues related to free Internet download in China: The literal infringement of Baidu Library, the illegal free download of Thunder which related to P2P, and the Record Industry of China which has been destroyed.
The literal infringement of Baidu Library
In November 2009, “Baidu Library” launched. It is an open-platform document -sharing website that allows users to upload, download and read online. All the documents are uploaded by Internet users, Baidu promises won’t do any modify or edit these documents, and reminds users “Without the permission, no entity or person can make use of those materials”
This “completely open-platform” make tort out of control immediately. More and more writers find that their works have been uploaded on Baidu Library without allows of them. And everyone can download or read these literatures online totally free. This cause great angry of these writers, they send Baidu Library to court together. But things seem changed very little, since you can still find many novels and papers on the Internet now.
For some writers who lived by writing, these activities hurt them most. It should be normal for a writer earns millions, even tens of millions a year if there aren’t any piracies or illegal free download in China. But now there are only dozens writers can earn that a year. There are already some networks writers calling on everyone stop writing because they think they “labor in vain”.
One of the bestselling writers thought the rampant piracy enabled by the Internet undermines the very economics of creative industries. He makes an example about his friend, who is talented and love writing, but he finally decided to go back and ran the family business. “He thinks writers have no prospect in China. He can do it when he is young. But what if he is old? Can he still staying up all night and write for others to pirate his work?”or” China’s record industry has been destroyed by piracy, if the next is literature, the creativity of this country will die. We are writer, and we have to fight for our last…