Copyright battle a sign of the time

A book by Qianning (錢寧) Study in USA (留學美國一個時代的故事), was a bestseller in China in the 1990s. Qianning vividly describes the importance college students in China attach to studying English. He says, "Foreign professors may be deeply impressed by the Chinese students' talent and diligence [in English]. But they can never understand that, for many Chinese students, the TOEFL is not just a test in foreign language proficiency, but a struggle with fate."

This struggle with fate, however, has recently been made even more challenging by a letter to US universities from the Educational Testing Service (ETS). The ETS sponsors tests including the TOEFL, GRE and GMAT. The ETS said it suspected its TOEFL and GRE test materials may have been illegally duplicated in China. The ETS asked the universities to pay special attention to Chinese students who scored abnormally high in those tests.

The letter caused a panic among Chinese students preparing to study in the US. The New Oriental School (新東方), China's top preparatory school for overseas language proficiency and qualification tests, had a serious dispute with the ETS over the copyrights on test materials. The ETS's arguments focused on copyright issues, while New Oriental countered with arguments over cultural differences. This high-profile dispute essentially forecasts future clashes between China and the US once China enters the WTO.

The number of Chinese students studying abroad has increased on average by 20 percent annually in recent years. Many students, however, have had to wait for scholarships to go abroad. It was therefore not until the late 1980s that China, with a population of 1.4 billion, finally outnumbered Taiwan, with a population of a mere 23 million, in the number of students studying in the US. The US and Canada are the two preferred study destinations for Chinese students. More than 50,000 students from China are now studying in the US -- the largest group of foreign students. Beijing's New Oriental has become the a springboard for study overseas. The cram school teaches 50 percent of China's

preparatory school market for overseas language proficiency and qualification tests, and 90 percent of the Beijing market.

The fever for studying abroad has many social causes. Many foreign companies entered China after Deng Xiaoping (鄧小平) launched his economic reforms. Chinese who had studied overseas suddenly became the new favorites of corporate management. Their experience abroad became an important factor in their climb up the social and economic ladder.

The statements made by New Oriental and the ETS in the dispute are broadly the arguments that will be used in the disputes that are likely to follow after China's entry into the WTO. The motive underlying the ETS's move was the lucrative business opportunities associated with the fever for studying overseas and the commercial value of copyrights. The ETS naturally wants to protect its own rights and interests.

The Chinese feel uncomfortable because some of their long-held under-the-table practices have been suddenly exposed. That was why New Oriental focused its defense on cultural differences and ethnic sentiments. According to New Oriental, the ETS views exams as a test of intelligence, but for Chinese students, their scores are a struggle with fate. New Oriental also believes that the only solution is for the ETS is to treat the China market fairly, that is, no different from the way it treats other countries. This means, according to the school, authorizing publications in sync with Chinese sentiments and the WTO principle of gradual compliance.