Bonum Certa Men Certa

Cablegate: Microsoft Lobbies China to Attack Microsoft 'Addicts', Use “Minimum of Two-or-three Enforcement Showcases”

Cablegate



Summary: A look at how Microsoft is gently pressuring China to suit Microsoft rather than China

MICROSOFT along with its bully, the BSA, have been busy trying to make Chinese law a little more China-hostile, in order to increase Microsoft profits after it seeded the market. "They’ll get sort of addicted," Bill Gates famously explained about Chinese people, "and then we’ll somehow figure out how to collect sometime in the next decade."



Disgusting. Greed, addiction, exploitation. Cornerstones of Microsoft?

The Cablegate cable from 5 years ago shows us how Microsoft gently blackmails the Chinese, promising jobs only if they change Chinese practices to suit Microsoft:








VZCZCXRO1395 OO RUEHCN RUEHGH RUEHVC DE RUEHGZ #0810/01 2700601 ZNR UUUUU ZZH O 270601Z SEP 06 FM AMCONSUL GUANGZHOU TO RUEHC/SECSTATE WASHDC IMMEDIATE 4043 INFO RUEHOO/CHINA POSTS COLLECTIVE RUCPDOC/USDOC WASHDC RUEHRC/USDA FAS WASHDC 0912 RUEAIIA/CIA WASHDC RUEKJCS/DIA WASHDC RHHMUNA/HQ USPACOM HONOLULU HI UNCLAS SECTION 01 OF 02 GUANGZHOU 030810

SIPDIS

STATE FOR EAP/CM AND DRL USDA FOR FAS/ITP AND FAS/FAA USDOC FOR 4420/ITA/MAC/MCQUEEN USPACOM FOR FPA

SENSITIVE SIPDIS

E.O. 12958: N/A TAGS: ECON, EINV, KIPR, CH SUBJECT: Microsoft Growing Rapidly in South China

(U) This document is sensitive but unclassified. Please protect accordingly.

1. (SBU) Summary: Microsoft representatives told the Consul General September 21 that with the company's rapid growth in Shenzhen and elsewhere, they expect sales in South China to surpass those in Hong Kong. Company representatives complained about weak copyright enforcement and asked the Consulate to continue to highlight the need for improved IPR protection with local government leaders. End summary.

South China: a fast-growing key market for software --------------------------------------------- ------

2. (U) The two representatives - Ni Jianbo, General Manager of the Branch Office, and Zhong Weidong, Southern Regional Manager of Microsoft's branch company in Guangzhou - were bullish on the company's overall development and future plans, but more tentative about prospects for protecting Microsoft's intellectual property rights (IPR) in southern China. South China accounts for about 30% of the Microsoft's overall revenues countrywide, of which half comes from Shenzhen. Some of Microsoft's businesses, such as its enterprise partnership group, have grown by 200 times since the establishment of the Shenzhen branch office in 2005. Ni and Zhong believe Microsoft's sales in South China will exceed that of Hong Kong next year, while sales volumes in East China have already surpassed those of Hong Kong and are expected to exceed those of Taiwan next year. The Greater China market (mainland China, Hong Kong, and Taiwan) is so important to Microsoft that it is one of the company's seven key subsidiaries in the world that reports directly Microsoft's headquarters in Seattle.

3. (U) Microsoft's clients in Shenzhen include China's giant telecommunication groups of Huawei Technologies and ZTE (Zhong Xin) as well as local governments. Microsoft established its branch office in Shenzhen to provide a quicker response to local clients, to save operation costs and to better compete with other software companies, such as Oracle, which came much earlier than Microsoft to Shenzhen. Currently Microsoft has three sites in Shenzhen, dealing with sales, technical support, research and development and training.

4. (U) According to Ni and Zhong, Microsoft is building close relationships with the local government in Shenzhen. To demonstrate its long-term commitment to Shenzhen, Microsoft plans to upgrade the branch office into a branch company, which would then pay tax locally instead of to the main office in Beijing, to make more investments, and to merge its three scattered office sites into one in Shenzhen. Following a nationwide "cooperation" model with local governments, Microsoft is partnering with a local company designated by Shenzhen Government to set up a cooperation program called "MSTC" (Microsoft Training Center) which helps local governments by providing technical support, training, and solutions to e-government projects; this also ensures the use of legal software. In the Guangzhou consular district, Microsoft has opened one MSTC in Xiamen, Fujian Province, is planning to open one in Hainan next month, and has plans to open a center in Guangxi.

Weak IPR enforcement remains a big challenge --------------------------------------------

5. (SBU) Ni and Zhong commented that while local governments have been making progress in IPR protection, copyright protection for software was a low priority for local officials, particularly in Guangzhou. Zhong said local Copyright Bureau officials focused mainly on developing the local cultural industry, including publishing and audio and video products. Local government agencies have made little effort to enforce the rights of stakeholders in the software industry (both domestic and foreign), despite Microsoft's lobbying efforts during the past several years. According to Zhong, the main reason behind the relative absence of copyright enforcement was that software industry contributes a very small portion of local GDP, the majority of which relies on manufacturing. They also thought that officials might be concerned about the impact of rigorous enforcement on the local business environment since many manufacturers use pirated software. Local officials often do not attend copyright protection seminars or events that industry chambers such as the Business Software Association (BSA) or Chinese Software Association (CSA) organize. Both Zhong and Ni said that the lack of interest in protecting software copyright puts Guangdong at a disadvantage when competing with Shanghai; in addition, lack of

GUANGZHOU 00030810 002 OF 002

protection will not help upgrade Guangdong upgrade knowledge-based industries.

6. (SBU) Zhong, who had previously worked in Microsoft's branches in Southwest China for three years, pointed out that officials in those areas were more cooperative than Guangdong. Microsoft was successful in getting enforcement action in Southwest China by adopting a "top-down" strategy to build relations with local provincial and municipal leaders and thus encourage them to order local enforcement agencies to take more action. A similar strategy in South China had not been as successful, though Ni acknowledged this effort was new. In Guangxi, Microsoft got a commitment from the local Copyright Bureau to take two enforcement cases, starting in October. Zhong commented that most enforcement agencies just want a few "showcase" actions they can point to and then do nothing further. Microsoft's goal is to have local agencies do a minimum of two-or-three enforcement showcases to achieve successes and hope this will encourage them to do more. At the same time, the company also realizes that it is impossible for local government to do too many cases, given their limited resources.

7. (SBU) Zhong asked the Consul General to urge local government leaders in Guangdong to be more cooperative in copyright cooperation, since they found "Top-down" strategy is very helpful in other areas where they also first encounter officials unwilling to cooperate.

Comment -------

8. (SBU) Microsoft's experience in South China highlights regional differences in China's IPR enforcement. Enforcement is often subject to local protectionism. Local officials often believe that enforcement conflicts with the need to develop the economy in order for them to get promoted. Until they can be persuaded that enforcement actually helps development the economy, we will continue to have problems such as those described above.

GOLDBERG







We sure hope that Goldberg understands why Microsoft's behaviour is wrong. It knowingly turns a blind eye to counterfeiting when it suits it, later calling everyone a "pirate" and demanding payments or jail time. Microsoft makes entire nations look bad, collectively criminalising its own clients.

Recent Techrights' Posts

Microsoft Windows Falls to 19% in Congo, Only About 1 in 8 Windows Users (or 2-3% of Web Users) Are on Vista 11
The estimated share of Vista 11 fell sharply this past month
Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
 
Another Case Study Regarding Edge's Death
people adopt Chrome and a lot more people use obscure browsers than adopt the latest Edge
[Meme] A Question of Interests
'The Internet? We are not interested in it.' -Bill Gates, 1993
In the Romanian Browser Market, Microsoft is the 2% (Edge Down to 2.3%)
the Wintel era has ended
Gemini Links 17/08/2024: Selfishness and Offline BBSing
Links for the day
Frans Pop & Debian Day 2024: 31 years of deception and modern slavery
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 16, 2024
IRC logs for Friday, August 16, 2024
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024