The local authorities have reported their findings from the investigation they conducted into the fake Apple stores in Kunming, and a couple pieces of information have made it into the news.
The first is that they found five fake Apple stores in Kunming, not just three. I’m actually only surprised that it’s so few – the three that RP and I found were just the ones we happened to come across while walking home from dinner.
The second piece of information is that two of the five stores have been shut down – not for intellectual property rights violations, but because they didn’t have business licenses, the bare minimum necessary for a commercial retail operation.
What this means, of course, is that three of the five stores (coincidentally, the three that I put photos of on this blog) were issued valid business licenses by authorities who were, to give them serious benefit of the doubt, asleep at the wheel – and those stores continue to operate.
What this also means, I assume, is that by putting up that blog post, my husband and I are indirectly responsible for some number of people losing their jobs as employees of those stores. How do we feel about that? Terrible.
I want to explain again: when we photographed those stores and put up that blog post, it’s not because we found it shocking someone had ripped off Apple in China. I’ve been coming to China for almost eight years, and RP has been coming here for 10 years – we’re well aware of the prevalence of shanzhai goods and stores in this country. Even the street that the main fake Apple store is on has what we assume are numerous other ripoff stores – it has two shoddy Nike stores alone, and this is supposed to be the main upscale shopping street in the city.
We photographed these stores because they were such detailed and complete ripoffs that they almost rose to the level of artistry, if you look at them in the right frame of mind. And I put it on my blog because I thought that a few people outside my normal readership of, say, six people, might find it amusing too.
We’re not shills for Apple – we’re just appreciators of absurdity. And the idea that people might lose their jobs over a blog post seemed ridiculous. We hadn’t foreseen the fact that this story would sit perfectly at the intersection of Americans’ Applemania and Sinophobia and, as one article I read put it, “blow up the internet”.
This is not to say that I have no feelings about violations of IPR in China. I hold the prevailing Western opinion that a total disregard for IPR seriously hampers innovation. Given the extent to which IPR is ignored in a city like Kunming – and, I imagine, numerous other similar Chinese cities that you’ve never heard of, each containing millions of people – if I were a Chinese businesswoman, I would open a fake Apple store tomorrow. What’s the point of coming up with your own business idea if you can just lift an existing one wholesale that you know will be successful and won’t be shut down by the authorities?
I think it is a fair criticism that social injustice is being propagated by a system in which the workers who actually produce Apple’s products in China are unable to afford to purchase them. (Not that the Chinese people complaining on this blog about the price of Apple products are factory workers – let’s get real. You’re not labor activists, you just want Apple products as much as anyone, anywhere.) Indeed, an Apple product in China is likely to be more expensive than purchasing one in the US, or even Hong Kong. The reason for that, however, is because the Chinese government slaps a massive import tax on these and other such products, making it even less likely that people will be willing to buy the real thing and support enforcing IPR laws.
Shutting down these couple Apple stores in Kunming doesn’t represent a move to enforce IPR laws in China – they were shut down in a little show-trial move on the basis of having been so shady as to not even have business licenses. But if such stores were to be shut down en masse on that basis, despite the loss of retail jobs, I admit that I would support it. I think that supporting such a move represents the hope that China could be a thrilling country of innovators on a scale that the world has never before seen – and it certainly represents a blow to the insulting insinuation that shanzhai crap is China’s major cultural contribution to the planet.
If France can enforce smoking bans in bars, China can enforce IPR laws. Agreed?