Majority of Internet users, "Tomato Garden" reaction and attitude and the "Law" formed a great contrast. This, of course with the public awareness of IPR protection in China are very weak relationship, but it is not the only reason.
Recent media Tomato Garden version of Windows XP review of detention Hong Lei news network in the software industry and intellectual property caused uproar. Subsequently, Microsoft acknowledged that its Ministry of Public Security to the State Copyright Bureau and the complaint, resulting in arrested Hong Lei.
Tomato Garden version of XP is not only for Microsoft Windows XP theme, desktop, buttons and other exterior landscaping, also abolished the Microsoft Genuine validation process, while some of Microsoft's original operating system function is not used to turn off or uninstall, to speed up the speed, available for free download through the website. Tomato garden like a modified version of XP personal computer users have become necessary software installed, there are industry estimates, Tomato Garden version of Windows XP's installed capacity may be more than 10 million.
For "Tomato Garden", a well-known portal was a special survey in the evening of August 22 at 9:30, a total of 77,190 participants. Survey: 78.98% of those surveyed support the tomato garden, only 5% of those surveyed support the Microsoft original. This finding partly reflects the majority of Internet users, "Tomato Garden" of public opinion.
According to China's Copyright Law and Computer Software Protection Ordinance, Tomato Garden version of XP on the Microsoft XP appearance of landscaping and some features turned off or unloading, is Microsoft's XP software changes, infringes the right of Microsoft's changes; cancellation of Microsoft XP, Genuine verification process, violated the rights of Microsoft's technical protection measures; through the modified version of XP to download website, violation of Microsoft's Information Network Transmission Right. Therefore, the tomato garden version of XP on the conduct has violated the Copyright Law and Computer Software Protection Ordinance, constitutes an infringement of copyright, shall bear the corresponding stop infringement, compensate the loss of civil liability. This is the "Tomato Garden" in "France and Italy."
However, the majority of Internet users, "Tomato Garden" reaction and attitude shows just formed a great contrast. This, of course with the public awareness of IPR protection in China are very weak relationship, but it is not the only reason. Should not be denied, users of Microsoft has developed an attitude of the "conflict" emotional, rooted in the Microsoft products, high prices, the de facto monopoly and possible abuse of intellectual property, as well as its consistent use of "rovide water for fish, fish Great to close the net "trick. This "conflict" mood "public opinion" must be distorted and exaggerated.
August 1, after repeated calls China's "anti-monopoly law" finally implemented. Many people look forward to Microsoft will be "anti-monopoly law" after the implementation of the first defendant, hoping to correct the intellectual property rights protection mechanism of anti-monopoly law and the elimination of strong intellectual property protection of the various side effects, users are anxious to get the software at reasonable prices and enjoy should have the option, the software companies want to have fair competition in space. Microsoft has changed at this sensitive time in the past only for the practice of corporate pirates, the "Intellectual Property stick" to pound individual pirates, the intention to be examined. Experts have pointed out that "Tomato Garden" with Microsoft as an antitrust defendant is related to Microsoft's attempt to "divert attention" and that its software is not genuine "possession of a dominant market position", "turn from passive to active." We do not know Microsoft's true intentions, but we absolutely believe that Microsoft has a deal with antitrust review of experience and superb skills. Internet users distortion exaggerated "public opinion" and public security organs of investigation results will be Microsoft's response to antitrust review of the evidence? We will wait and see.
Intellectual property system should not be "A single flower" and "protection" system, but "protection" and "anti-abuse" both the "hundred flowers blossom" system. I hope that cleared "tomatoes illegal" and "Garden" will be a "hundred flowers blooming garden of intellectual property."
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