Tag Archives: iPhone

Is Evasi0n 7.0 Illegal to Install Software for iOS Jailbreak Device?

Posted on by
evad3rs

(By You Yunting) Recently, Evad3rs released a new jailbreak tool called Evasi0n7.0 for Apple’s iOS 7 with Chinese name “太极7”. Due to Evasi0n 7.0 forcing Chinese jailbreak users to the default installation of TaiG app store in China, all public opinions on domestic Internet websites are criticism-oriented and most reports stated that Evasi0n 7.0 was a counterfeit software tool.

The principal Pod2g of Evad3rs team today expressed his opinions on Twitter that Evad3rs have decided to remotely disable the default installation of TaiG app store in China for further investigations on the piracy issue. As an intellectual property lawyer, I paid great attention to this issue. I hope this post has broached several legal problems as follows.

READ MORE

Why did the US Rule that iPhone Jailbreaking is Legal, but iPad Jailbreaking is Illegal?

Posted on by

Record III of Day Four of Our Visit to the United States

(By You Yunting) At the end of this past March, on the invitation of the US government, the author visited America with other Chinese legal experts with the goal of better understanding its IPR system. On the fourth day of the journey, the author visited the Copyright Office of the US Library of Congress (the “US Copyright Office”). The following is the brief record of the visit on that day.

READ MORE

Encyclopedia vs Apple: Why AppStore Could Not Ship into Safe Harbor?

By You Yunting

As reported by media, Beijing No.2 Intermediate People’s Court made the first instance decision for infringement claims made by Encyclopedia of China Publishing House (Encyclopedia) agains Apple’s AppStore. With the decision, Apple shall compensate Encyclopedia RMB 520, 000 yuan and immediately cease the infringement. In current, no intention to appeal has been expressed by Apple.

Case: Encyclopedia discovered Apple’s user could purchase and download apps of its copyrighted works, which could be read in iPhone and iPad. With the anger of the infringement, Encyclopedia filed a lawsuit against Apple, who counter-stroke that the actuall operator of AppStore is a company registered in Luxembourg, not Apple. And Apple provided no services in the process of software uploading, and therefore Apple shall be with no engagement in the dispute.

READ MORE

App Store: Duty Free for Safe Harbor Principle in China?

Posted on by

By You Yunting

In March of 2012, 22 Chinese authors filed a lawsuit against Apple in Beijing No.2 Intermediate People’s Court and claimed  compensation of more than ten million. In the case, the plaintiffs stated that their works have been adapted into apps used on iPhone, iPad and iPod Touch, free of being charged at App Store. The case is the first lawsuit with the operator of App Store being the defendants, and will produce a prominent influence on the newly developed online store, which was launched in 2008 and with more than 360 million users . Now the litigation is under the spotlight, and this essay is focusing on the legal status of Apple and the defects in the process complaints of the store.

READ MORE

Analysis of App Store’s Obligation under China Copyright Law

Posted on by

By Zhan Yi

Highlight

At the beginning of 2012, Apple Inc. (the “Apple”) was sued by some noted local writers in China for copyright infringement. This aroused wide concentration amongst the public on the copyright issue in App Store. Will Apple be liable for the free or paid download by law? The answer to this question, in my perspective, shall focus on the determination of its legal nature which shall be considered within the regulations of the copyright law based on App Store’s commercial and technological model of App Store.

READ MORE

App Store Fraud Applications: Apple Shall Investigate Dereliction of Duty of Its Staffs

Posted on by

By You Yunting

The App Store of Apple is kind of online store to sell applications to mobile terminal users; however, since last year, we have seen the store has been puzzled by the criticism of fraudulence apps in China, which is lasting to now. In my opinion, there’re obviously overall flaws of the examination system of App Store, which shall make Apple be liable to the fraudulence in the store, and therefore a making-up of the flaws and the investigation over the claimed dereliction of duty or the bribery by its staffs is urgently demanded. The following is my analysis:

READ MORE

Brief Introduction to Software Copyrighter’ s Right Limitation to Ultimate User

Posted on by

by Luo Yanjie

Under the system of China Copyright Law, what right limitations may come to software owners? And what rights and obligations are enjoyed or taken by the ultimate user and what’s the liability when the infringement occurs? Today we would like to give you the introduction on the issues. There are two main litigations on the PC software, namely the Copyright Law and the Regulations on the Protection of PC Software (the “Regulation”). But according to the latest exposure of the Copyright Law’s revision, the Regulation’s articles have been all regulated in the new drafted law; therefore, it is foreseeable that the Regulation may be abolished once there publicized the new Copyright Law.

READ MORE

The Choice for Apple in China: Patent Lawsuit or Lower Price

According to the news of Forbes.com, for the fast developing and immensely potential mobile phone market in China, Apple has adjusted its phone strategy focusing on the increasing of the market penetration, which however facing the competition from the local manufacturer in China. For such challenges, Apple seems to be tending to file the patent lawsuit for more market share in the country.

In fact, Apple is actively suing its competitor globe-wide. Previously, Apple has filed patent lawsuit against SAMSUNG and HTC in U.S.A., Australia and Europe for its market share is eaten up by android phones, while for the robust iPhone market in England, no same or similar litigation has been initiated by Apple.

READ MORE