From December 14th to December 20th, 2009, seven new Chinese entries have been posted to the Blawgdog. Here are the brief one-sentence abstracts for the English readers’ reference:
- Top Ten 2009 Copyright News in China
Chosen by the China Copyright Journal. I added the referral links to those news that had been commented at blawgdog.
- It’s Wrong not because of Burdening the Duty of Carefulness, but because of Providing Joint Liability
Some Beijing academicians oppose Article 36 of the drafting China’s Tort Law Bill by saying it should not burdens the ISPs the duty of carefulness. I clarified in this essay that the key problem of Article 36 is wrongfully providing a joint liability to the ISPs.
- Turning Exemption Provisions to the Criterion of Liability
This article is also about Article 36 of the drafting China’s Tort Law Bill. I noted that, in the legal transplantation in recent years in China, the exemption provisions in foreign legislations are often (intentionally or mistakenly) shifted to be the criteria of liability. For example, Sec. 230 of the CDA in US is an exemption arrangement, while Article 36 is a criterion of liability; another example can be the safe harbour to the ISPs in the DMCA (on the so-called red flag test) was wrongfully transplanted to be a criterion of liability.
- Xinhua News Agency: China will not Resolve the un-recorded Domain Names
This entry has been translated into English at here.
- I See the Historical Day
This post mentioned the latest news: the Ministry of Industry and Information is proposing that the foreign enterprises “must register domain names from Chinese registrars if the names are used for business in China. The domain names oversea registered shall not be used in the businesses toward China.” And admitted the state will “supervise the domain names that launches the website oversea, and take measures to control the foreign name registrars”.
- Reprint: Two Articles by Mr Youxi Chen
Chen is a lawyer, and the vice Chair of the Committee of the Constitutional Law and Human Rights in China Bar Association. He published two articles at his website blaming the newspaper misleading the mass in reporting the news that lawyers are arrested in ChongQin. He argues that the Chinese lawyers are in very hard social environment now.
- China IP Weekly Newsletter
Writen and edited by Luckie Hong, a co-author of BlawgDog, reporting the latest news in IP Law. This issue includes SNDA Literature (NASDAQ: SNDA’s subcompany) annouced suing Baidu for over one million in infingement of copyright, and the new development of Netac v. Sony, and other 7 latest news.
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