A source of light

SARFT.Headquarters, via Flickr

Last year China’s State Administration of Radio Film and Television (SARFT) caused a great deal of panic among the mainland’s video sharing websites by threatening to kick any operator without an online broadcasting license off the intertubes. Eventually, every video sharing website had a license granted, and the initial climate of panic tapered off and quietly died.

Yesterday, SARFT again unleashed its power, announcing a new set of regulations to further govern China’s online video sharing sector. Under the new rules, all films, TV series, cartoons and documentaries must obtain offline broadcasting licenses before being transmitted via internet media (and yes, mobile networks are included), even if the broadcaster has already licensed necessary copyrights from distributors. For the full story please refer to this helpful overview from Pacific Epoch, who we beleive scooped the story.

The new regulations instantly caused another panic amongst China’s netizens. Unlike YouTube, which relies on short video clips and user-generated content, its many Chinese clone-sites mainly live on (pirated) films and TV series. Obtaining an offline license for every single film would take more time than is left until the heat-death of the universe. Needless to say, offline licenses are based on the correct licensing of copyrights, which in many parts of the Chinese web do not outweigh the low cost/huge profit charms of piracy. If SARFT is really serious about this, then the whole business seems to be pretty much terminated.

But from my perception, we don’t have to be too serious about SARFT’s latest moves. Parallel with the new regulations, there is something called the “haven principle” in the whole Chinese internet sector (including video sharing). The principle works like this: an online broadcaster does not have any responsibility if any user-uploaded content causes trouble (such as violation of intellectual property rights). So long as the offending content is simply removed from the website, on notification, every problem is solved in a civilized and harmonious way.

This “uploaded-protested-notified-removed” principle has saved many Chinese video sharing websites from lawsuits they absolutely could not afford to defend.

From our perspective, it seems pretty obvious that in pursuit of almighty page-view, a large number of “helpful users” who upload tons of  stuff on daily basis are actually website editors in disguise, taking advantage of the haven principle to dodge ethical, legal and moral responsibilities. Personally I’ve formerly worked for a market-leading WAP site whose main business is was to “share” pirated (dumped, cracked, regged) mobile phone games totally free of charge, much like video sharing websites. An eye-catching disclaimer was placed on every download page saying “all content is uploaded by users, thus the provider has no responsibility for violation of intellectual property”. But guess what? They didn’t even have a user upload interface. All editors worked on a 8 hours/6 days schedule to collect, upload, and organize pirated games. The WAP site even established different servers and purchased different domain names for file storage to enhance the impression that all those games were located by its fictional “super advanced game search engine”. Gaming, indeed.

Sorry for spinning off topic.

Back to China’s haven principle. Under the user-upload umbrella, China’s video sharing websites do not have to pay anything for violating SARFT’s new regulations. On the other hand, SARFT has to manually monitor every single video on each website to check if there’s any illegal broadcasting activity. In a country of 243 million broadband users, this is a monstrous job. And considering the normal slow speed for takedown notices to be generated, there will be enough time for users to have their fun and for websites to gain almighty page-view between the video’s upload and a demanded removal (if it ever gets found and put on notice).  Of course, even if an offending video upload is terminated, another “helpful user” will upload the video again under a different URL.

Some observers believe that SARFT should be extra-careful in the implementation of its new regulations. Practically all YouTube clones in China are launched, nurtured and generate page-view via pirated content. An overdose of administration may easily snuff the whole business out, and we don’t beleive that China would want to deliver this unto the nascent sector (which employs thousands) given the current condition of the world economy.

Disbelieving?  If you’re feeling in an IPR-violating mood, you might enjoy the 213th episode of popular Japanese cartoon Bleach, uploaded on April 1st 2009, which does absolutely not have an offline broadcasting license. Thanks, Tudou.com, for sharing!

NB: Imagethief’s view, well worth reading, is here.

Kane Gao, Head of Research, Illuminant Partners

Carlo Aspri performance at Canada Club Beijing 2008-08-15 (36), originally uploaded by Illuminant Partners.

It’s been an eventful summer for our client Carlo Aspri.

After a wonderfully well-received debut concert July 19 at the YAMAHA Music Performance Center, Carlo Aspri’s success continued with hit performances at the British Columbia Pavilion during the Olympics, a VIP-only mini-concert at the Canada Club, and a once-in-a-lifetime experience at Shaolin Monastery.

Carlo, a phenomenally gifted young composer and pianist from Quebec, entertained crowds at the British Columbia Pavilion’s Pub Night events. Attended by dozens of VIPs, the Pub Nights gave Carlo the opportunity to support his native land during the Olympics. He performed classic favorites as well as his own compositions.

Carlo was also honored when the Canadian Embassy asked him to perform at an exclusive, VIP-only event at the Canadian Club, celebrating the 400th anniversary of his native Quebec. Carlo performed traditional Quebec music and was touched by the opportunity to honor his home.

Fresh off his Gamestime success, Carlo headed off to Shaolin Monastery, for a much deserved week of gong fu training and exercise. It was a terrific chance for Carlo to continue his study of Chinese gong fu, at the world’s premier gong fu center. Carlo enjoyed the opportunity to train with the Shaolin monks and even took the opportunity to create a video chronicling his experience at the monastery.

It’s been a terrific summer for Canada’s next great musical export, with more excitement sure to come this fall.

It’s been a busy month for our client Carlo Aspri!

Carlo’s debut concert July 19 at the YAMAHA Music Performance Center was a smash success. Carlo, a brilliant young composer and pianist from Montreal, Quebec, played two beautiful sets for a select, by-invitation-only audience of 50 Canadian and Chinese VIPs. The concert primed Carlo for his next series of performances, at the upcoming Canada Olympic House “Pub Nights” during the Beijing 2008 Olympics.

Playing on a fantastic YAMAHA concert grand in the performance center – a gem of a venue – Carlo performed original compositions from his debut album, “Carlo Aspri,” and newer pieces from his upcoming second CD. He also offered stirring arrangements of “The Moon Represents My Heart,” a traditional Chinese song, and the Canadian national anthem, “O Canada.”

Guests enjoyed fine Canadian wines and delicious European hors d’oeuvres provided by our fine caterer, Café Europa. We were extremely pleased with the turnout by VIP guests and the support Carlo received from the Canadian community in Beijing. The Canadian Embassy was represented by VIPs including Jane Lang, First Secretary of the 2010 Winter Olympic Games in Vancouver, and Rene Milot, the head of the Quebec government offices in China.

Energized by the success of the YAMAHA concert, Carlo is now looking forward eagerly to his four upcoming Pub Night performances at Canada Olympic House over the next two weeks. The Canada BC Pavilion is a beautiful venue which serves as Canada’s home base in Beijing during these Olympic Games. Carlo will be helping the Canadian government entertain its VIP guests with a dynamic repertoire comprised of both classic favorites and some of his original compositions. It’s an auspicious start for Canada’s next great musical ambassador to the world.

Carlo’s performances at Canada House are on the evenings of Tuesday 12th August, Thursday 14th August, Tuesday 19th August and Thursday 21st August.

Immediately following the Canada House performances, Carlo heads to the Shaolin Monastery where he will train with the monks for a much deserved break.

Carlo Aspri in Seoul (03), originally uploaded by Illuminant Partners.

We spent a week in Seoul, South Korea, last week, with Carlo Aspri, the extraordinarily well talented young Canadian pianist. We were assisting Carlo and his management team in pre-release planning for his debut CD, Carlo Aspri, to be released on June 1st.

Carlo’s beautiful and highly emotional original compositions will be released by Starseach, initially in South Korea, and other markets will immediately follow.