Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
antitrust, china, piracy

Companies:
microsoft



If Everyone's Using Your Pirated Software, Are You Still A Monopolist?

from the questions-questions-questions dept

Apparently there's a new antitrust law in China that has local software companies scrambling to file suit against Microsoft for violating the law. However, Business Week has a rather pertinent question: if the vast majority of the Microsoft software in use in China is of the "pirated" variety, can Microsoft actually be held responsible for antitrust violations? After all, it's not directly responsible for that "monopoly" in the first place.

18 Comments | Leave a Comment..

 
 

Reader Comments

(Flattened / Threaded)

    Aug 5th, 2008 @ 4:07pm
  • by Anonymous Coward

    wat?

    (reply to this comment) (link to this comment)

  • Aug 5th, 2008 @ 4:42pm
  • by Anonymous Coward

    yes... yes it can... next useless newspost please.

    (reply to this comment) (link to this comment)

  • Aug 5th, 2008 @ 4:43pm
  • by John Duncan Yoyo

    Ok they are suing M$ for being ubiquitous through rampant piracy and some sales.

    I guess this kinda makes sense if you are trying to sell your own operating system or web browser and the competition is as good as giving their wares away to achieve a kinda of market domination. They got sued by the EU for something like that.

    I suspect that the Chinese government will make this issue go away.

    (reply to this comment) (link to this comment)

  • Aug 5th, 2008 @ 5:01pm
  • LOL

    by Darksurf

    HA ha ha ha ha! The screwer has now become the screwed!
    God, how I longed for this day!

    (reply to this comment) (link to this comment)

  • Aug 5th, 2008 @ 5:16pm
  • Silly

    by Mike42

    So Microsoft will be forced to stop doing business in a country where they're not doing business, just having their software pirated? Man, Microsoft sure is screwed. I guess they'll just have to limit their business to paying customers (the horror!)

    (reply to this comment) (link to this comment)

  • Aug 5th, 2008 @ 5:24pm
  • Oh Riely ?

    by bobbknight

    LOL, it seems the Cowards Anonymous, are without clue.

    (reply to this comment) (link to this comment)

  • Aug 5th, 2008 @ 5:56pm
  • by Anonymous Coward

    moronic.

    looks like China is getting their own little pool of scumbags (aka attorneys) ready to litigate at the drop of a hat.

    (reply to this comment) (link to this comment)

  • Aug 5th, 2008 @ 6:27pm
  • by Overcast

    Umm, just because many people are too stupid to use Linux, doesn't mean Microsoft has a Monopoly.

    (reply to this comment) (link to this comment)

  • Aug 5th, 2008 @ 6:34pm
  • WHAT??

    by Mr Stereotyper

    According to you:
    All chinese men have small penises
    All chinese are bad drivers.
    .
    .

    and all chinese use pirated software.

    Grow up dude!

    (reply to this comment) (link to this comment)

    • Aug 5th, 2008 @ 7:05pm
    • Re: WHAT??

      Um. There's a huge difference between a factual statement, noting that much of the software in use in China is pirated, and making a stereotype about "all" of anything.

      I made no stereotyped comment about the Chinese. I merely pointed out that *if* so much software in China is pirated, as is established fact (not all, but much of it), then does that raise questions about the antitrust claim.

      (reply to this comment) (link to this comment)

    • Aug 5th, 2008 @ 9:07pm
    • Re: WHAT??

      by Paul`

      It's a statistical fact, not a stereotype.

      (reply to this comment) (link to this comment)

    Aug 5th, 2008 @ 6:40pm
  • What the heck

    by WTH

    What's sad is the article has "local software companies scrambling to file suit against Microsoft for violating the law"

    At least we know know that the US are not the only ones that are sue happy.

    (reply to this comment) (link to this comment)

  • Aug 5th, 2008 @ 8:09pm
  • Pirated Software = China

    by Freedom

    Sorry, but I think any one in China really buys ANY software.

    In the embroidery world, the #1 application used by the majority of the embroidery shops in China has only one sale to someone in China. That's right, the #1 app, has literally one legit sale to that part of world.

    Freedom

    (reply to this comment) (link to this comment)

  • Aug 5th, 2008 @ 9:14pm
  • Depends only on Chinese law

    by reality

    It depends only on Chinese law, and more importantly how that law is interpreted. Legal opinions by us Americans is irrelevant.

    (reply to this comment) (link to this comment)

  • Aug 5th, 2008 @ 9:21pm
  • lost sale

    by cram

    Does all of that piracy count as lost sales, or is it just a pointer to MS that they should start selling something else in China?

    (reply to this comment) (link to this comment)

  • Aug 5th, 2008 @ 11:14pm
  • "dumping"

    by zcat

    It's an interesting situation to be sure. When Microsoft sells their software hugely below cost to maintain a monopoly position, that's likely to be seen as illegal 'dumping'. But there's nothing illegal about having copy protection that sucks.

    (reply to this comment) (link to this comment)

  • Aug 8th, 2008 @ 9:01am
  • Actually...

    by Tim

    Maybe the flip-side of restrictive license models is that, having *tried* to enforce a paying system, they should be responsible for breaches of the algorithms used too?

    (reply to this comment) (link to this comment)

  • Sep 19th, 2008 @ 8:18am
  • I just want to know where to get some

    by SkumBag

    Quit screwing around; where can I get this pirated chinese software.

    (reply to this comment) (link to this comment)

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