Legal Issues

Legal Issues

by Mike Masnick




Latest US Export To China: Crazy Border-Spanning Lawsuits

from the the-long-arm-of-the-law dept

What is it about people who think that if someone simply says something you don't like, you can just sue them? It's certainly not limited to the US, of course. David Weinberger points us to the odd story of a German blogger who is being sued in China for a short blog post from last year, where the blogger noted the similarities between a German and a Chinese designed bus, suggesting that the Chinese bus company had copied the German design. The blogger certainly wasn't the first to make the connection. German newspapers had discussed the amazing similarities between the two buses (click on the link and you can see the photos of the buses side by side). However, the company that makes the Chinese truck is suing the German blogger, claiming his post, which simply had a single line about the speed with which the Chinese firm supposedly copied the German design, hurt their sales. It's difficult to see how there could be any actual connection between the blog post and sales -- and the images certainly make a pretty strong case that the blogger wasn't making things up when suggesting that the Chinese firm got its... inspiration from the German design. However, in an age where anything you don't like needs to be settled in court, apparently that's what happens.

12 Comments | Leave a Comment..

 
 

Reader Comments

(Flattened / Threaded)

    Jan 9th, 2007 @ 9:15pm
  • by STJ

    So, one small time blogger, writes one line can kill/improve the profit margin of a company? Well, I think that(my company) is the greatest in the world and my stock needs to go up!!

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

  • Jan 9th, 2007 @ 9:22pm
  • DEE DEE DEE!!!

    by Shalkar

    The title of my post says it all...

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

  • Jan 9th, 2007 @ 10:43pm
  • lol

    by ryan

    lol, no its "DEE DEEDEE" cuz the last 2 "dee"s go fast together

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

  • Jan 10th, 2007 @ 3:01am
  • Adverts for buses

    by Enrico Suarve

    Not at all the busses are clearly different - ones darker blue than the other and the headlights are a different shape

    Perhaps this is more of a publicity stunt?

    "Our sales are shitty - everyone is buying the other bus but no one seems to have heard of us or that we're cheaper. Let's sue the guy who spotted the copy so more buyers spot it too"

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

  • Jan 10th, 2007 @ 4:27am
  • Copycat

    by MrPaladin

    There is no way that these two bus designs are not interlinked.... for the two busses to have just happened to turn out that way would be the same probability that walking blindfolded int oa strange library you pick 'the lion the with and the wardrobe' off a shelf...

    now assuming the blog has any validity to it, they arnt suing over the facts, they are sueing over their supposed effective sale because of the facts...

    I'm sorry, if the facts hurt your sales, your company and product are doomed after the hype your marketing did wears off...

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

  • Jan 10th, 2007 @ 4:50am
  • I'll be the first to actually say it,

    by Tin Ear

    The Chinese model is obviously a direct copy of the German model. I don't care if this hurts their sales. The term 'Chinese knock-off' definitely comes to mind...

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

  • Jan 10th, 2007 @ 9:22am
  • by SpyCatcher

    Its no secret the Chinese continue to and have stolen many design and copyrighted materials from around the world... why is anyone surprised?

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

  • Jan 10th, 2007 @ 11:42am
  • But what is the real effect here?

    by Shane

    Perhaps this was covered in the German comments after the article, but what does Zhongweis hope to achieve by doing this?

    If Iven & Hillman does not operate in China, what can a Chinese court impose on a German company? Are there any treaties in place that would grant the Chinese court the ability to enforce its rule in Germany?

    If they do operate in China, well, this is just a consideration of operating in a foreign country, and would realistically have nothing to do with the fact that the medium was a blog.

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

  • Jan 10th, 2007 @ 12:59pm
  • Buses? German vs. Chinese

    by Hell Runneth Over

    Adverts for buses by Enrico Suarve on Jan 10th, 2007 @ 3:01am
    Not at all the busses are clearly different - ones darker blue than the other and the headlights are a different shape

    Clearly different?!? Darker blue?!? I'm glad you're looking at the big picture here Enrico.

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

  • Jan 15th, 2007 @ 9:11pm
  • Stop Crying, do something

    by Stop crying

    I found it is amused that people kept talking about trade deficits with China, (trade deficits are used politicians on purpose, that are different stories). Why do you stop crying and do something ? Small Chinese mom and pop shops can sell their shoes, socks, toys to USA, why cannot we sell our stuff to China ? Does this country still make something ? (or we do not). We all heard that China has lot of money, let sell some of our things to them. I have not seen any politician do anything on this (other than their own interests, and press China to raise its currency, that is very stupid, but I will not talk about it in this thread). One thing I noticed that there are many business try to help China small business to export to USA, for example, Alibaba, Made-in-China.com, and many others. I do not know many America business which helps USA small business to export to China, only one I know is AmeriChinaB2B.com. I guess we have to do better than this.
    If we cannot beat mom and pop shops in China, there is no hope for this country.

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

  • Jan 29th, 2007 @ 4:21pm
  • sorry

    Prekär die Situation. Eventuell Neuland für die Juristen in Deutschland und auch Blogger, die sich wie ich auf hier vorherrschende Reglementarien im Äußerungsrecht und angewandter Pressefreiheit berufen wollen.

    Schlussendlich entschuldige ich mich bei den Chinesen für eine Wertung auf www.autoregional.de, die den chinesischen Nationalstolz verletzen könnte und die Errungenschaften der chinesischen Automobilindustrie im weltweiten Expansionsprozess in der deutschen Presse zum Tagesthema werden lässt.

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

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