BSA以偏概全的盗版率报告再次成为政治工具，在PC软件80％都已经是免费软件的背景下，BSA抛出中国软件盗版率80％的荒谬数据再次成为美国政府攻击中国的武器。榜上有名的百度更是成为新的受害者。

所以，中国完全应该起诉BSA等机构，诋毁中国国际形象，造成中国直接和间接的巨大损失。而且，更重要的是，必须停止这种长达十多年的恶劣行径。5月27日，互联网实验室将发布权威、全面、客观的中国软件盗版率数据，届时，大家可以进行对比和分析，让真相彻底暴露在阳光之下。敬请关注！

发布会也非常简陋，通过下面图片可以欣赏一下现场发布会的情况。

大家可以下载并且欣赏一下粗制简陋的《2009年国际盗版观察名单》报告（PDF)

附录背景资料：

在新出炉的美国会2009年国际盗版报告中，包括中国、俄罗斯在内的国家榜上有名

　　由70多名美国议员组成的“国会国际反盗版工作组”（The Congresional International Anti-Piracy Caucus）5月20日公布了“2009年国际盗版观察名单”（2009 International Piracy Watch List），中国、俄罗斯、加拿大、西班牙、墨西哥“榜上有名”。美国国会直接点名百度，并指责中国许多网站以提供盗版材料的链接下载模式盈利。

发布会现场，展示盗版DVD《金刚狼》

美国会报告指中国盗版问题没有明显变化

　　这个国会工作组声称，上述国家入列是因为这些国家盗版问题的广度和深度，造成了美国相关行业数百万工人的几十亿美元的损失，而问题出在这些国家缺乏反盗版的政治意愿。

　　当天发布的《2009年国际盗版报告》将中国列在首位，认为中国的盗版问题过去一年没有明显变化。报告直接点名中国最大的搜索引擎百度，称百度要为中国大量存在的非法下载音乐负责，而百度却以此获得广告收益。报告称中国许多网站就是这样依赖提供进入侵权材料的服务模式来运营；还有一些中国公司从大学图书馆非法获得科学期刊，并复印传播。报告认为，中国政府对网络侵权活动的处罚不力。

　　报告肯定中国在打击电脑软件盗版方面取得一定进步，但认为80%的软件盗版率依然太高，需要中方加大执法力度。报告称，中国对一些美国内容提供商的市场准入限制使得盗版问题恶化。

　　此前美国已经就知识产权和文化产品准入问题向世贸组织提起针对中国的诉讼。世贸组织今年3月就美国提出的申诉正式裁决，美方的主张多项被驳回，但中方也有若干做法与《与贸易有关的知识产权协定》不符。中美双方依然各执一词。

简陋的发布会

　　该工作小组共同主席之一、参议员怀特豪斯（ Sheldon Whitehouse）在当天举行的记者会上说：“在经济艰难时期，保护知识产权比以往更重要。”

　　据美国业界估算，美国的电影、音乐和电子游戏业产值占美国国内生产总值的6%，而全球盗版每年给美国带来250亿美元的销售损失。

　　该工作小组共同主席之一、参议员哈奇（Orrin G. Hatch）说：“这个报告严肃地提醒，盗版已成为国际社会普遍存在的问题。国会国际反盗版工作组将带头进行反盗版和反假冒的立法工作。”

　　该工作小组共同主席之一、众议员希夫（Adam B. Schiff）强调，要像保护通用、福特汽车一样，保护美国电影、音乐和电脑软件的版权。

　　分析人士估计，知识产权问题会成为美国新政府上台后的首个美中商贸联委会（JCCT）以及美中战略与经济对话的重点话题。

WASHINGTON (AFP) — Piracy of copyrighted movies, music, video games and other entertainment has reached "alarming levels" in Canada, China, Mexico, Russia and Spain, members of the US Congress warned on Wednesday.

The Congresional International Anti-Piracy Caucus, made up of more than 70 members of the Senate and House of Representatives, placed the five countries at the top of their "2009 International Piracy Watch List."

"These countries stand out because of the scope and depth of their piracy problems, which cost the US copyright industries and the millions of Americans who work in these companies billions of dollars," the caucus said.

"Piracy has reached alarming levels" in these countries, it added , and is "largely the result of a lack of political will to confront the problem."

The caucus, citing industry estimates, said global piracy costs US firms over 25 billion dollars in lost sales annually.

Counterfeit copies of movies, music and other works remains a problem, the caucus said, but it was "particularly concerned with the mounting challenges of protecting copyright works in the online environment."

It said the Chinese government "has permitted piracy to fully contaminate the online marketplace via an array of nefarious illegal websites, file storage sites (and) user generated content sites."

China's largest Internet search engine, Baidu, is "responsible for the vast majority of illegal downloading of music in China, deriving significant advertising revenue in connection with its music service," it said.

"This is just one of the many examples of Chinese sites whose entire business model relies on providing access to infringing materials."

The caucus said that "despite the Chinese government's many public assurances that it is committed to combating copyright piracy, little action has been taken against infringing online activities."

It said Russia had made "some progress" in respecting intellectual property rights over the past few years but "much work remains before we can support Russia's accession to the rules-based World Trade Organization."

"We remain deeply concerned that Canada has failed to update its copyright laws to provide for online enforcement, making it a safe haven for Internet pirates," the caucus said. "Canada's enforcement record falls short of what should be expected of our neighbor and largest trading partner.

"Internet piracy in Spain has reached an epidemic level, and rights holders lack the necessary tools to enforce their rights on the Internet," it added.

"Peer-to-peer (P2P) piracy in Spain is widely perceived as an acceptable cultural phenomenon, and the situation is exacerbated by a government policy that has essentially decriminalized illicit P2P file sharing."

Copyright piracy also remains a severe problem in Mexico with only a handful of state governments interested in fighting illegal trade, the caucus said, and an absence of penalities to deter copyright pirates.

"Just as we don't allow cars to be stolen off the lots of Ford or GM dealerships, we cannot allow movies, music and computer programs to be stolen from motion picture studios, recording studios and software manufacturers," said Congressman Adam Schiff a Democrat from California whose district includes several major movie studios.

Dan Glickman, chairman of the Motion Picture Association of America (MPAA), pointed to digital piracy as a threat to his industry.

"The US motion picture industry is constantly looking for new and innovative ways to deliver creative content to consumers, particular over the Internet," he said. "It is extremely important that US trading partners have effective legislative frameworks for protecting creative content online."

The Congressional International Anti-Piracy Caucus
Senator Sheldon Whitehouse, Co-Chair
Congressman Adam B. Schiff, Co-Chair
Senator Orrin G. Hatch, Co-Chair
Congressman Bob Goodlatte, Co-Chair

2009 COUNTRY WATCH LIST
The Congressional International Anti-Piracy Caucus will focus on copyright piracy problems in China, Russia, Canada, Spain and Mexico for 2009. The Caucus is particularly concerned with the mounting challenges of protecting copyrighted works in the online environment. While we are pleased with the World Trade Organization’s ruling on several aspects of the China intellectual property rights (IPR) case, and are hopeful that this will spur progress in China, intellectual property theft there remains a serious problem that merits continued U.S. engagement. While Russia has made some progress on meeting its obligations under the U.S.-Russia IPR Agreement, much work remains before we can support Russia’s accession to the rules-based World Trade Organization. We remain deeply concerned that Canada has failed to update its copyright laws to provide for online enforcement, making it a safe haven for Internet pirates. Last year we specifically highlighted the seriousness of the piracy issues in Canada, and we are pleased with the United States Trade Representative’s decision to elevate Canada to its Priority Watch List.

Internet piracy in Spain has reached an epidemic level, and rights holders lack the necessary tools to enforce their rights on the Internet, undermining the development of legitimate online commerce and damaging both U.S. and Spanish copyright industries. While Mexico continues to make strides in improving enforcement, the absolute level of piracy in Mexico and dearth of deterrent-level penalties are decimating this market.

CHINA
The state of copyright piracy in China remains largely unchanged from last year. As we reported in 2008, the Chinese government has permitted piracy to fully contaminate the online marketplace via an array of nefarious illegal websites, file storage sites, user generated content sites, and so-called “deep-linking” sites that knowingly connect users to infringing content. According to the Office of the United States Trade Representative and industry representatives, Baidu – China’s largest online MP3 search engine – is responsible for the vast majority of illegal downloading of music in China, deriving significant advertising revenue in connection with its music service. This is just one of the many examples of Chinese sites whose entire business model relies on providing access to infringing materials. In the publishing industry, some China-based companies are disseminating millions of copies of scientific journals obtained illegally from university libraries.
Despite the Chinese Government’s many public assurances that it is committed to combating copyright piracy, little action has been taken against infringing online activities, very much
mirroring the lack of effective actions against physical piracy over the years. The Chinese Government has long trumpeted its commitment to administrative sanctions as a remedy against copyright piracy. While such sanctions have been ineffective against physical piracy for most industries, they could be useful against online piracy if the fines against sites operating in violation of the law were sufficiently high. This would create an opportunity for legitimate online commerce to develop in China. Yet in this instance, where the magnitude of such piracy is overwhelming, the Chinese Government has inexplicably refrained from using its administrative sanction authority.

While there have been some modest improvements in the piracy rate for computer software – at 80% – the software piracy rate remains much too high, demonstrating the need for redoubled enforcement efforts including the imposition of criminal penalties for corporate end-user software piracy.
China’s crippling market access restrictions against some American content providers further exacerbate these problems, allowing pirates largely free reign in China’s market by significantly reducing the ability of U.S. copyright owners to provide legitimate content to Chinese consumers.

RUSSIA
Since the signing of the U.S.-Russia IPR Agreement in November 2006, the Russian Government has taken some positive steps. While some modest declines have been observed in the area of computer software piracy, much remains to be done. In particular, we are disappointed that there has been inadequate progress in addressing Internet and optical disc piracy through the effective enforcement of criminal laws with deterrent penalties. Moreover, Russia should work quickly to implement an optical disc licensing regime and pass legislation granting ex officio authority to its enforcement personnel, both important elements of the U.S.-Russia Agreement.

One particular concern, pertaining to the issuance of licenses by collecting societies, was presumably corrected in statute with the requirement of state accreditation. It has now been over a year since this provision went into force, but unfortunately, many rogue “collecting societies” and commercial entities that purport to operate under such “licenses,” continue to function without any interference from the state. Swift and effective action by the Russian Government is necessary to address the illegal activities of these “societies,” online sites, and other entities involved in the distribution of infringing materials. In addition, prolonged delays in proper accreditation have created an uncertain environment and new rogue “societies” continue to operate, taking advantage of this legal uncertainty.

CANADA
Unlike its major trading partners, Canada does not have any legislation or developed jurisprudence which clearly provides an effective means for copyright holders to protect their works from online piracy or to enable a legitimate digital marketplace to develop. This legal void has made Canada an attractive location for illicit websites, and Canada has regrettably become know as a “safe haven” for Internet pirates. There is an urgent need for amendments to the Copyright Act in order to comply with the World Intellectual Property Organization (WIPO) Internet Treaties. This includes provisions that prohibit circumvention of technological copyright protection measures and trafficking in circumvention devices, and proposals to ensure

that copyright owners can effectively combat online piracy by enacting an effective legal framework governing Internet Service Provider (ISP) liability and responsibility. Canada’s enforcement record also falls short of what should be expected of our neighbor and largest trading partner, primarily due to the following: ineffective border controls, inadequate enforcement resources and policies, and a seeming unwillingness to impose deterrent penalties on copyright pirates. Canadian parliamentary leaders and government officials, at the highest levels, have acknowledged many of these deficiencies, but have done little to address them.

We call upon the Canadian Government to swiftly adopt measures that would do the following: clarify that parties who facilitate, encourage, and profit from widespread infringement are liable under Canadian law; meaningfully engage ISPs in the fight against online piracy; reaffirm that unauthorized downloading is not protected by the personal use exception/levy; and effectively prevent the circumvention of technological protection measures, including banning trafficking in circumvention devices.

SPAIN
Creators continue to be gravely concerned with Spain’s rampant Internet piracy problem. Peer-to-peer (P2P) piracy in Spain is widely perceived as an acceptable cultural phenomenon, and the situation is exacerbated by a government policy that has essentially decriminalized illicit P2P file sharing. Moreover, the inadequate implementation of EU-level requirements regarding ISPs has contributed significantly to this problem. Spanish ISPs, exhibiting an unwillingness to collaborate in the fight against Internet piracy, make use of their file sharing and downloading service capabilities to promote their businesses. Negotiations between rights holders and Internet Service Providers to develop a framework to promote legitimate electronic commerce and full respect for intellectual property rights have yet to yield an acceptable conclusion. The current situation is untenable. We call upon the Government of Spain to exert active leadership, working with rights holders and ISPs, to implement reasonable practices to protect the legal transmission of creative works online.

MEXICO
While Mexican Government officials tasked with copyright issues have reportedly shown a perceived willingness to address these issues, the sheer dimension of the piracy problems in Mexican markets remains severe with little or no improvement in 2008. Piracy involving hard goods, piracy on the Internet, unauthorized camcording in theaters, and unauthorized photocopying at universities continued at high levels last year. We recognize the efforts of Mexican enforcement agencies and note with appreciation the high level of cooperation between most authorities and rights holder organizations.
Notwithstanding these efforts, the following five factors continue to contribute to the lack of meaningful results: (1) unsatisfactory state and municipal government efforts, with only a handful of state governments interested in combating illegal trade and piracy; (2) the continued lack of adequate resources and the failure to implement a national anti-piracy plan that enhances and coordinates federal and state activities; (3) the lack of ex officio authority for law enforcement officials, resulting in the need for rights holders to file complaints even with respect to well-known pirate marketplaces where significant illegal activities continually take place(this tolerance for open and notorious pirating activity, in the absence of a formal complaint from a copyright owner, contributes to a societal perception that copyright infringement is not a serious offense and does not affect the interests of the state); (4) the lack of deterrent sentences,
demonstrating the need for sentencing guidelines and judicial training; and (5) the lack of an effective legislative framework, which should include more robust circumvention and camcording prohibitions.

The Congressional International Anti-Piracy Caucus, originally formed in 2003 and currently co-chaired by Senators Sheldon Whitehouse and Orrin G. Hatch, and Representatives Adam B. Schiff and Bob Goodlatte, is made up of over 70 members of Congress. The goals of the Caucus are to provide briefings for congressional delegations traveling to countries with significant piracy problems; staff and member briefings and forums on international intellectual property protection and piracy; demonstrations of new technologies and products designed to improve consumers' entertainment experiences and to reduce piracy; and to work closely with the committees of jurisdiction in the House and Senate on related hearings and legislation.

http://www.caijing.com.cn/2009-05-21/110169321.html
http://www.google.com/hostednews/afp/article/ALeqM5hFmRrDn3l74Av2ZilUwO0RbeBUYw
http://whitehouse.senate.gov/newsroom/press/release/?id=EAA3F1B7-8146-4AB4-BAD1-5EB599215E10
http://schiff.house.gov/antipiracycaucus/pdf/IAPC_2009_Watch_List.pdf

新闻稿：http://schiff.house.gov/antipiracycaucus/pdf/2009pressrelease.pdf