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34 Campbell L. Rev. 609 (2011-2012)
Deconstructing Shanzhai - China's Copycat Counterculture: Catch Me If You Can

handle is hein.journals/camplr34 and id is 633 raw text is: Deconstructing Shanzhai-China's Copycat Counterculture: Catch Me If You Can WILLIAM HENNESSEY* Why join the navy if you can be a pirate? -Steve Jobs Truth becomes fiction when the fiction's true, Real becomes not real when the unreal's real - Cao Xueqin, (1715-64) Dream of the Red Chamber' 1. INTRODUCTION: WHAT IS THE SHANZHAI? What is a Chinese copy?' And why does China have a reputation as the quintessential copycat culture, where nimble knock-offs of vir- tually any article are in the daily news and respect for and protection of the intellectual property owned by others is widely perceived to be either weak or non-existent?' Are copying and creativity diametrical opposites, * Professor, Asian Studies Program and School of Law, University of New Hampshire. With thanks to Jon Cavicchi, Kathy Fletcher, Will Grimes, Tom Hemstock, Barry Shanks, and Naiying Yuan for research assistance and insights, and to the editorial staff of the Campbell Law Review. 1. CAO XUEQIN, THE STORY OF THE STONE 55 (David Hawkes trans., Penguin 1973). 2. The Online Britannica Dictionary defines Chinese copy as an exact imitation or duplicate that includes defects as well as desired qualities and dates its first use in 1920. Search Results: copy, BRITANNICA ONLINE ENCYCLOPEDIA, http://www.britannica.com/bps/dictionary?query=copy (last visited Mar. 15, 2012). 3. JOE KARAGANIS ET AL., MEDIA PIRACY IN EMERGING ECONOMIES (Joe Karaganis ed., Social Science Research Council 2011) [hereinafter SSRC PIRACY REPORT), available at http://piracy.ssrc.org/wp-content/uploads/2011/06/MPEE-PDF-1.0.4.pdf. In an interview with one of its authors, Ravi Sundaram states: In India, pirate is part of popular vocabu- lary along with 'local' commodities-an allusion to goods outside the brand economy. A new term in the last few years is 'Chinese', used for all low-cost commodities. Ramon Lobato & Julian Thomas, Transnational Piracy Research in Practice: A Roundtable Inter- view with Joe Karaganis, John Cross, Olga Sezneva and Ravi Sundaram, TELEVISION AND NEW MEDIA (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm? abstractid=1950482; see also Chinese Factories Now Manufacturing Shanzhai Indian Goods, SHANGIIST (Jan. 2, 2012, 10:19 AM), http://shanghaiist.com/2012/01/02/chinese factories-now-manufacturing.php. The two 609

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