Bogus bullsh*t on the costs of copy and counterfeit
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8:00 am, April 19th, 2010 - 10 comments
Categories: copyright -
Tags: ACTA, ars technicia, counterfeiting, GAO
Over the last decade or two there have been some extraordinary claims about the cost of copying and counterfeiting on businesses and economies. However there has been little information that hasn’t had some pretty major and almost certainly incorrect assumptions.
The US Government Accountability Office (GAO) has released a report (PDF) done on under the provisions of the PRO-IP law. It doesn’t sound too promising at being able to get any kind of even moderately accurate measures.
According to experts we spoke with and literature we reviewed, estimating the economic impact of IP infringements is extremely difficult, and assumptions must be used due to the absence of data. Assumptions, such as the rate at which consumers would substitute counterfeit goods for legitimate products, can have enormous impacts on the resulting estimates and heighten the importance of transparency
Commerce and FBI officials told us they rely on industry statistics on counterfeit and pirated goods and do not conduct any original data gathering to assess the economic impact of counterfeit and pirated goods on the U.S. economy or domestic industries. However, according to experts and government officials, industry associations do not always disclose their proprietary data sources and methods, making it difficult to verify their estimates.
The US government really doesn’t appear to have done much work on the issue. When the study looked for the sources.. Well you’d have to read this and weep…
Three commonly cited estimates of U.S. industry losses due to counterfeiting have been sourced to U.S. agencies, but cannot be substantiated or traced back to an underlying data source or methodology.
First, a number of industry, media, and government publications have cited an FBI estimate that U.S. businesses lose $200-$250 billion to counterfeiting on an annual basis. This estimate was contained in a 2002 FBI press release, but FBI officials told us that it has no record of source data or methodology for generating the estimate and that it cannot be corroborated.
Second, a 2002 CBP press release contained an estimate that U.S. businesses and industries lose $200 billion a year in revenue and 750,000 jobs due to counterfeits of merchandise. However, a CBP official stated that these figures are of uncertain origin, have been discredited, and are no longer used by CBP. A March 2009 CBP internal memo was circulated to inform staff not to use the figures. However, another entity within DHS continues to use them.
Third, the Motor and Equipment Manufacturers Association reported an estimate that the U.S. automotive parts industry has lost $3 billion in sales due to counterfeit goods and attributed the figure to the Federal Trade Commission (FTC). The OECD has also referenced this estimate in its report on counterfeiting and piracy, citing the association report that is sourced to the FTC. However, when we contacted FTC officials to substantiate the estimate, they were unable to locate any record or source of this estimate within its reports or archives, and officials could not recall the agency ever developing or using this estimate.
These estimates attributed to FBI, CBP, and FTC continue to be referenced by various industry and government sources as evidence of the significance of the counterfeiting and piracy problem to the U.S. economy.
The GAO looked at a rather large number of surveys and estimates by various bodies and people. They didn’t sound too happy with the methodology of any of them.
While experts and literature we reviewed provided different examples of effects on the U.S. economy, most observed that despite significant efforts, it is difficult, if not impossible, to quantify the net effect of counterfeiting and piracy on the economy as a whole. For example, as previously discussed, OECD attempted to develop an estimate of the economic impact of counterfeiting and concluded that an acceptable overall estimate of counterfeit goods could not be developed. OECD further stated that information that can be obtained, such as data on enforcement and information developed through surveys, ‘has significant limitations, however, and falls far short of what is needed to develop a robust overall estimate.’ One expert characterized the attempt to quantify the overall economic impact of counterfeiting as ‘fruitless,’ while another stated that any estimate is highly suspect since this is covert trade and the numbers are all ‘guesstimates.’
Reading the report was fascinating with a strongly discernible sense of frustration by the GAO. It is only 41 pages and quite legible for the layperson. It gives a better idea about the current state of the duplication debates than anything else I’ve seen.
ars technicia, one of my favorite technology sites reviewed the report with the appropriate title of “US government finally admits most piracy estimates are bogus“.
Why is the government even looking into this issue? It’s all due to the PRO-IP Act, which passed under President Bush and has led President Obama to appoint an Intellectual Property Enforcement Coordinator within the White House. Part of the IPEC’s duties include gathering data on piracy and counterfeiting, and current IPEC Victoria Espinel is now rounding up that data. The GAO report is part of this process, and it certainly doesn’t make industry estimates look compelling.
This is ironic for a bill that was backed by the big rightsholders; even its acronym, the PRO-IP Act, shows what it was supposed to do. But, by hauling the black art of “piracy surveys” into the light, the PRO-IP Act is forcing rightsholders to tone down some of their more specific and alarmist rhetoric.
None of this is to say that piracy and counterfeiting aren’t real problems. The GAO accepts that the problem is “sizeable,” but it also points out just how much bad data is used to produce these studies. Actual dollar figures and job loss numbers should be handled with extreme care and a good bit of skepticism; the GAO also noted that numerous experts told it that “there were positive effects [from piracy on the economy] and they should be assessed as well.”
This is a helpful, level-headed review from the GAO, one that (hopefully) brings some of the debates over digital infringement into saner territory.
Unfortunately these bogus studies and numbers have been framing the debate leading up to the current ACTA talks. Quite simply no-one appears to have even a remote handle on the scale and costs of various types of violations of copyright, trademark, and patent.
The only thing that you can be sure of is that if someone starts putting numbers to the costs, then they’re almost certainly wrong, and probably wrong by orders of magnitude. It is likely that they will quote from one of the studies looked at in this report or using a methodology derived from it. Quite simply, those studies are probably all pretty bogus. This means that treaties and law based on these false numbers are probably as likely to do economic harm as they are to do good.
Lawmakers should really be looking at overhauling the basis of intellectual property from the ground up based on the current and probable future technologies. They shouldn’t be swayed by the protestations of lobbyists waving their latest surveys full of questionable numbers and assumptions.
In the end result, in my opinion, most businesses affected by counterfeiting and copying need to look at their business models to find out how to satisfy the consumers of their product more effectively. The costs of duplication, distribution, and even marketing are reducing as the information age takes hold. Generally this is not being reflected in the prices of many products because of inadequate and increasingly obsolete business models. This leaves a significant differential that the counterfeiters exploit. That is the problem that needs to be addressed.
I’d suggest that people have a read of the body of work that Clare Curran has been writing at Red Alert on copyright and ACTA.
hat-tip: Draco T Bastard in comments and Quoth The Raven in comments at Red Alert
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- Release: $1.7b for no increase in access to medicineThe National-led Government continues its fiscal jiggery pokery with its Pharmac announcement today, Labour Health spokesperson Ayesha Verrall says. “The government has increased Pharmac funding but conceded it will only make minimal increases in access to medicine”, said Ayesha Verrall “This is far from the bold promises made to fund ...4 days ago
- Release: National should heed Tribunal warning and scrap coalition commitment with ACTThis afternoon’s interim Waitangi Tribunal report must be taken seriously as it affects our most vulnerable children, Labour children’s spokesperson Willow-Jean Prime. ...5 days ago
- Release: More accountability for preventable workplace deaths this Workers’ Memorial DayLabour is calling for more accountability for preventable workplace deaths because everybody who goes to work deserves to come home safely. ...5 days ago
- Gaza: Aotearoa Must Support Independent Investigation into Mass GravesTe Pāti Māori are demanding the New Zealand Government support an international independent investigation into mass graves that have been uncovered at two hospitals on the Gaza strip, following weeks of assault by Israeli troops. Among the 392 bodies that have been recovered, are children and elderly civilians. Many of ...1 week ago
- Release: Working together on consistent support for veterans this Anzac DayOur two-tiered system for veterans’ support is out of step with our closest partners, and all parties in Parliament should work together to fix it, Labour veterans’ affairs spokesperson Greg O’Connor said. ...1 week ago
- Release: Penny drops – but what about Seymour and Peters?Stripping two Ministers of their portfolios just six months into the job shows Christopher Luxon’s management style is lacking, Labour Leader Chris Hipkins said. ...1 week ago
- Another ‘Stolen Generation’ enabled by court ruling on Waitangi Tribunal summonsTonight’s court decision to overturn the summons of the Children’s Minister has enabled the Crown to continue making decisions about Māori without evidence, says Te Pāti Māori spokesperson for Children, Mariameno Kapa-Kingi. “The judicial system has this evening told the nation that this government can do whatever they want when ...1 week ago
- Release: Budget blunder shows Nicola Willis could cut recovery fundingIt appears Nicola Willis is about to pull the rug out from under the feet of local communities still dealing with the aftermath of last year’s severe weather, and local councils relying on funding to build back from these disasters. ...2 weeks ago
- Further environmental mismanagement on the cardsThe Government’s resource management reforms will add to the heavy and ever-growing burden this Government is loading on to our environment. ...2 weeks ago
- Release: RMA changes will be a disaster for environmentThe Government is making short-sighted changes to the Resource Management Act (RMA) that will take away environmental protection in favour of short-term profits, Labour’s environment spokesperson Rachel Brooking said today. ...2 weeks ago
- Release: Labour supports urgent changes to emergency management systemLabour welcomes the release of the report into the North Island weather events and looks forward to working with the Government to ensure that New Zealand is as prepared as it can be for the next natural disaster. ...2 weeks ago
- Release: Labour calls for New Zealand to recognise PalestineThe Labour Party has called for the New Zealand Government to recognise Palestine, as a material step towards progressing the two-State solution needed to achieve a lasting peace in the region. ...2 weeks ago
- Release: Three strikes law political posturing of worst kindThe Government is bringing back a law that has little evidential backing just to look tough, Labour justice spokesperson Duncan Webb said. ...2 weeks ago
- Release: Government cuts unbelievably target child exploitation, violent extremism, ports and airpor...Some of our country’s most important work, stopping the sexual exploitation of children and violent extremism could go along with staff on the frontline at ports and airports. ...2 weeks ago
- Three strikes has failed before and will fail againResurrecting the archaic three-strikes legislation is an unwelcome return to a failed American-style approach to justice. ...2 weeks ago
- Release: Environmental protection vital, not ‘onerous’The Government’s Fast Track Approvals Bill will give projects such as new coal mines a ‘get out of jail free’ card to wreak havoc on the environment, Labour Leader Chris Hipkins said today. ...2 weeks ago
- Ferris – Three Strikes targets those ‘too brown to be white’The government's decision to reintroduce Three Strikes is a destructive and ineffective piece of law-making that will only exacerbate an inherently biased and racist criminal justice system, said Te Pāti Māori Justice Spokesperson, Tākuta Ferris, today. During the time Three Strikes was in place in Aotearoa, Māori and Pasifika received ...2 weeks ago
- Release: Govt cuts doctors and nurses in hiring freezeCuts to frontline hospital staff are not only a broken election promise, it shows the reckless tax cuts have well and truly hit the frontline of the health system, says Labour Health spokesperson Ayesha Verrall. ...2 weeks ago
- Fast-track submissions period must be extendedThe Green Party has joined the call for public submissions on the fast-track legislation to be extended after the Ombudsman forced the Government to release the list of organisations invited to apply just hours before submissions close. ...2 weeks ago
- Release: Progress on climate will be undone by GovtNew Zealand’s good work at reducing climate emissions for three years in a row will be undone by the National government’s lack of ambition and scrapping programmes that were making a difference, Labour Party climate spokesperson Megan Woods said today. ...2 weeks ago
- Release: Dark day for Kiwi kids as a third of Govt cuts affect themNews that 1000 jobs at the Ministry of Education and Oranga Tamariki could go is devastating for future generations of New Zealanders. ...2 weeks ago
- Release: Alarm as Government signals further blow to school lunchesMore essential jobs could be on the chopping block, this time Ministry of Education staff on the school lunches team are set to find out whether they're in line to lose their jobs. ...2 weeks ago
- Oranga Tamariki cuts commit tamariki to state abuseTe Pāti Māori is disgusted at the confirmation that hundreds are set to lose their jobs at Oranga Tamariki, and the disestablishment of the Treaty Response Unit. “This act of absolute carelessness and out of touch decision making is committing tamariki to state abuse.” Said Te Pāti Māori Oranga Tamariki ...2 weeks ago
- Release: Quick, submit – stop Govt’s dodgy approvals billThe Government is trying to bring in a law that will allow Ministers to cut corners and kill off native species, Labour environment spokesperson Rachel Brooking said. ...3 weeks ago
- Government throws coal on the climate crisis fireThe Government’s policy announced today to ease consenting for coal mining will have a lasting impact across generations. ...3 weeks ago
- Release: Public transport costs to double as National looks at unaffordable roading project insteadCancelling urgently needed new Cook Strait ferries and hiking the cost of public transport for many Kiwis so that National can announce the prospect of another tunnel for Wellington is not making good choices, Labour Transport Spokesperson Tangi Utikere said. ...3 weeks ago
- Release: Cost of living in Auckland still not a priorityA laundry list of additional costs for Tāmaki Makarau Auckland shows the Minister for the city is not delivering for the people who live there, says Labour Auckland Issues spokesperson Shanan Halbert. ...3 weeks ago
- Decision allows for housing growth in Western Bay of Plenty
The Minister Responsible for RMA Reform, Chris Bishop today released his decision on four recommendations referred to him by the Western Bay of Plenty District Council, opening the door to housing growth in the area. The Council’s Plan Change 92 allows more homes to be built in existing and new ...1 day ago - Speech to New Zealand China CouncilThank you, John McKinnon and the New Zealand China Council for the invitation to speak to you today. Thank you too, all members of the China Council. Your effort has played an essential role in helping to build, shape, and grow a balanced and resilient relationship between our two ...1 day ago
- Modern insurance law will protect Kiwi householdsThe Government is modernising insurance law to better protect Kiwis and provide security in the event of a disaster, Commerce and Consumer Affairs Minister Andrew Bayly announced today. “These reforms are long overdue. New Zealand’s insurance law is complicated and dated, some of which is more than 100 years old. ...2 days ago
- Government recommits to equal payThe coalition Government is refreshing its approach to supporting pay equity claims as time-limited funding for the Pay Equity Taskforce comes to an end, Public Service Minister Nicola Willis says. “Three years ago, the then-government introduced changes to the Equal Pay Act to support pay equity bargaining. The changes were ...2 days ago
- Transforming how our children learn to readStructured literacy will change the way New Zealand children learn to read - improving achievement and setting students up for success, Education Minister Erica Stanford says. “Being able to read and write is a fundamental life skill that too many young people are missing out on. Recent data shows that ...2 days ago
- NZ not backing down in Canada dairy disputeTrade Minister Todd McClay says Canada’s refusal to comply in full with a CPTPP trade dispute ruling in our favour over dairy trade is cynical and New Zealand has no intention of backing down. Mr McClay said he has asked for urgent legal advice in respect of our ‘next move’ ...2 days ago
- Stronger oversight for our most vulnerable childrenThe rights of our children and young people will be enhanced by changes the coalition Government will make to strengthen oversight of the Oranga Tamariki system, including restoring a single Children’s Commissioner. “The Government is committed to delivering better public services that care for our most at-risk young people and ...2 days ago
- Streamlining Building Consent ChangesThe Government is making it easier for minor changes to be made to a building consent so building a home is easier and more affordable, Building and Construction Minister Chris Penk says. “The coalition Government is focused on making it easier and cheaper to build homes so we can ...2 days ago
- Minister acknowledges passing of Sir Robert Martin (KNZM)New Zealand lost a true legend when internationally renowned disability advocate Sir Robert Martin (KNZM) passed away at his home in Whanganui last night, Disabilities Issues Minister Louise Upston says. “Our Government’s thoughts are with his wife Lynda, family and community, those he has worked with, the disability community in ...3 days ago
- Speech to New Zealand Institute of International Affairs, Parliament – Annual Lecture: Challenges ...Good evening – Before discussing the challenges and opportunities facing New Zealand’s foreign policy, we’d like to first acknowledge the New Zealand Institute of International Affairs. You have contributed to debates about New Zealand foreign policy over a long period of time, and we thank you for hosting us. ...3 days ago
- Accelerating airport security linesFrom today, passengers travelling internationally from Auckland Airport will be able to keep laptops and liquids in their carry-on bags for security screening thanks to new technology, Transport Minister Simeon Brown says. “Creating a more efficient and seamless travel experience is important for holidaymakers and businesses, enabling faster movement through ...3 days ago
- Community hui to talk about kina barrensPeople with an interest in the health of Northland’s marine ecosystems are invited to a public meeting to discuss how to deal with kina barrens, Oceans and Fisheries Minister Shane Jones says. Mr Jones will lead the discussion, which will take place on Friday, 10 May, at Awanui Hotel in ...3 days ago
- Kiwi exporters win as NZ-EU FTA enters into forceKiwi exporters are $100 million better off today with the NZ EU FTA entering into force says Trade Minister Todd McClay. “This is all part of our plan to grow the economy. New Zealand's prosperity depends on international trade, making up 60 per cent of the country’s total economic activity. ...3 days ago
- Mining resurgence a welcome signThere are heartening signs that the extractive sector is once again becoming an attractive prospect for investors and a source of economic prosperity for New Zealand, Resources Minister Shane Jones says. “The beginnings of a resurgence in extractive industries are apparent in media reports of the sector in the past ...3 days ago
- Ō-Rākau Remembrance Bill passes first readingThe return of the historic Ō-Rākau battle site to the descendants of those who fought there moved one step closer today with the first reading of Te Pire mō Ō-Rākau, Te Pae o Maumahara / The Ō-Rākau Remembrance Bill. The Bill will entrust the 9.7-hectare battle site, five kilometres west ...4 days ago
- Government to boost public EV charging networkEnergy Minister Simeon Brown has announced 25 new high-speed EV charging hubs along key routes between major urban centres and outlined the Government’s plan to supercharge New Zealand’s EV infrastructure. The hubs will each have several chargers and be capable of charging at least four – and up to 10 ...4 days ago
- Residential Property Managers Bill to not progressThe coalition Government will not proceed with the previous Government’s plans to regulate residential property managers, Housing Minister Chris Bishop says. “I have written to the Chairperson of the Social Services and Community Committee to inform him that the Government does not intend to support the Residential Property Managers Bill ...4 days ago
- Independent review into disability support servicesThe Government has announced an independent review into the disability support system funded by the Ministry of Disabled People – Whaikaha. Disability Issues Minister Louise Upston says the review will look at what can be done to strengthen the long-term sustainability of Disability Support Services to provide disabled people and ...4 days ago
- Justice Minister updates UN on law & order planJustice Minister Paul Goldsmith has attended the Universal Periodic Review in Geneva and outlined the Government’s plan to restore law and order. “Speaking to the United Nations Human Rights Council provided us with an opportunity to present New Zealand’s human rights progress, priorities, and challenges, while responding to issues and ...4 days ago
- Ending emergency housing motels in RotoruaThe Government and Rotorua Lakes Council are committed to working closely together to end the use of contracted emergency housing motels in Rotorua. Associate Minister of Housing (Social Housing) Tama Potaka says the Government remains committed to ending the long-term use of contracted emergency housing motels in Rotorua by the ...4 days ago
- Trade Minister travels to Riyadh, OECD, and DubaiTrade Minister Todd McClay heads overseas today for high-level trade talks in the Gulf region, and a key OECD meeting in Paris. Mr McClay will travel to Riyadh to meet with counterparts from Saudi Arabia and the Gulf Cooperation Council (GCC). “New Zealand’s goods and services exports to the Gulf region ...5 days ago
- Education priorities focused on lifting achievementEducation Minister Erica Stanford has outlined six education priorities to deliver a world-leading education system that sets Kiwi kids up for future success. “I’m putting ambition, achievement and outcomes at the heart of our education system. I want every child to be inspired and engaged in their learning so they ...5 days ago
- NZTA App first step towards digital driver licenceThe new NZ Transport Agency (NZTA) App is a secure ‘one stop shop’ to provide the services drivers need, Transport Minister Simeon Brown and Digitising Government Minister Judith Collins say. “The NZTA App will enable an easier way for Kiwis to pay for Vehicle Registration and Road User Charges (RUC). ...5 days ago
- Supporting whānau out of emergency housingWhānau with tamariki growing up in emergency housing motels will be prioritised for social housing starting this week, says Associate Housing Minister Tama Potaka. “Giving these whānau a better opportunity to build healthy stable lives for themselves and future generations is an essential part of the Government’s goal of reducing ...5 days ago
- Tribute to Dave O'SullivanRacing Minister Winston Peters has paid tribute to an icon of the industry with the recent passing of Dave O’Sullivan (OBE). “Our sympathies are with the O’Sullivan family with the sad news of Dave O’Sullivan’s recent passing,” Mr Peters says. “His contribution to racing, initially as a jockey and then ...5 days ago
- Speech – Eid al-FitrAssalaamu alaikum, greetings to you all. Eid Mubarak, everyone! I want to extend my warmest wishes to you and everyone celebrating this joyous occasion. It is a pleasure to be here. I have enjoyed Eid celebrations at Parliament before, but this is my first time joining you as the Minister ...5 days ago
- Government saves access to medicinesAssociate Health Minister David Seymour has announced Pharmac’s largest ever budget of $6.294 billion over four years, fixing a $1.774 billion fiscal cliff. “Access to medicines is a crucial part of many Kiwis’ lives. We’ve committed to a budget allocation of $1.774 billion over four years so Kiwis are ...5 days ago
- Pharmac Chair appointedHon Paula Bennett has been appointed as member and chair of the Pharmac board, Associate Health Minister David Seymour announced today. "Pharmac is a critical part of New Zealand's health system and plays a significant role in ensuring that Kiwis have the best possible access to medicines,” says Mr Seymour. ...6 days ago
- Taking action on Fetal Alcohol Spectrum DisorderHundreds of New Zealand families affected by Fetal Alcohol Spectrum Disorder (FASD) will benefit from a new Government focus on prevention and treatment, says Health Minister Dr Shane Reti. “We know FASD is a leading cause of preventable intellectual and neurodevelopmental disability in New Zealand,” Dr Reti says. “Every day, ...1 week ago
- New sports complex opens in KaikoheRegional Development Minister Shane Jones today attended the official opening of Kaikohe’s new $14.7 million sports complex. “The completion of the Kaikohe Multi Sports Complex is a fantastic achievement for the Far North,” Mr Jones says. “This facility not only fulfils a long-held dream for local athletes, but also creates ...1 week ago
- Diplomacy needed more than everForeign Minister Winston Peters’ engagements in Türkiye this week underlined the importance of diplomacy to meet growing global challenges. “Returning to the Gallipoli Peninsula to represent New Zealand at Anzac commemorations was a sombre reminder of the critical importance of diplomacy for de-escalating conflicts and easing tensions,” Mr Peters ...1 week ago
- Anzac Commemorative Address, Buttes New British Cemetery BelgiumAmbassador Millar, Burgemeester, Vandepitte, Excellencies, military representatives, distinguished guests, ladies and gentlemen – good morning and welcome to this sacred Anzac Day dawn service. It is an honour to be here on behalf of the Government and people of New Zealand at Buttes New British Cemetery, Polygon Wood – a deeply ...1 week ago
- Anzac Commemorative Address – NZ National Service, Chunuk BairDistinguished guests - It is an honour to return once again to this site which, as the resting place for so many of our war-dead, has become a sacred place for generations of New Zealanders. Our presence here and at the other special spaces of Gallipoli is made ...1 week ago
- Anzac Commemorative Address – Dawn Service, Gallipoli, TürkiyeMai ia tawhiti pamamao, te moana nui a Kiwa, kua tae whakaiti mai matou, ki to koutou papa whenua. No koutou te tapuwae, no matou te tapuwae, kua honoa pumautia. Ko nga toa kua hinga nei, o te Waipounamu, o te Ika a Maui, he okioki tahi me o ...1 week ago
- PM announces changes to portfoliosPaul Goldsmith will take on responsibility for the Media and Communications portfolio, while Louise Upston will pick up the Disability Issues portfolio, Prime Minister Christopher Luxon announced today. “Our Government is relentlessly focused on getting New Zealand back on track. As issues change in prominence, I plan to adjust Ministerial ...1 week ago
- New catch limits for unique fishery areasRecreational catch limits will be reduced in areas of Fiordland and the Chatham Islands to help keep those fisheries healthy and sustainable, Oceans and Fisheries Minister Shane Jones says. The lower recreational daily catch limits for a range of finfish and shellfish species caught in the Fiordland Marine Area and ...1 week ago
- Minister welcomes hydrogen milestoneEnergy Minister Simeon Brown has welcomed an important milestone in New Zealand’s hydrogen future, with the opening of the country’s first network of hydrogen refuelling stations in Wiri. “I want to congratulate the team at Hiringa Energy and its partners K one W one (K1W1), Mitsui & Co New Zealand ...2 weeks ago
- Urgent changes to system through first RMA Amendment BillThe coalition Government is delivering on its commitment to improve resource management laws and give greater certainty to consent applicants, with a Bill to amend the Resource Management Act (RMA) expected to be introduced to Parliament next month. RMA Reform Minister Chris Bishop has today outlined the first RMA Amendment ...2 weeks ago
- Overseas decommissioning models consideredOverseas models for regulating the oil and gas sector, including their decommissioning regimes, are being carefully scrutinised as a potential template for New Zealand’s own sector, Resources Minister Shane Jones says. The Coalition Government is focused on rebuilding investor confidence in New Zealand’s energy sector as it looks to strengthen ...2 weeks ago
- Release of North Island Severe Weather Event InquiryEmergency Management and Recovery Minister Mark Mitchell has today released the Report of the Government Inquiry into the response to the North Island Severe Weather Events. “The report shows that New Zealand’s emergency management system is not fit-for-purpose and there are some significant gaps we need to address,” Mr Mitchell ...2 weeks ago
- Fiji’s media freedom ranking jumps, Papua New Guinea’s plummets
By Stephen Wright and Stefan Armbruster of BenarNews Fiji’s ranking in a global press freedom index has jumped into the top tier of countries with free or mostly free media after its government last year repealed a draconian law that threatened journalists with prison for doing their jobs. Fiji’s improvement ...60 mins ago - The Boy in the Water: ‘I just can’t do this anymore’
We might be in Invercargill but all anyone can talk about is Gore. Specifically, Salford Street. That’s where three-year-old Lachlan Jones lived, south of the centre of town, between the A&P Showgrounds and the Mataura River. Roughly 1.2 km away from the single level home he lived in with his ...6 hours ago - 'Data is the new oil': Call to save jobs of data security guards
New Zealanders' data is at risk with the government's "unintelligent" proposal to cut information security jobs, the Privacy Foundation says. ...7 hours ago - The Secret Diary of .. Coalition Sheriff LuxonMONDAY I lined up the latest round of civil servants from city hall against the wall, and signalled for the firing squad to drop their rifles. I stepped up onto a wooden crate to look at the office workers in the eye. But that didn’t feel right, so I found ...7 hours ago
- Liam Hewson seeks answers in natureKeen hiker and second-year MSc student Liam Hewson wears two hats when he’s in the great outdoors. “The scientist in me appreciates nature and goes, ‘Oh, there’s that thing and there’s another thing,’ but then the tramper and the outdoorsy person in me thinks, ‘Cool bush.’” Born and bred in ...7 hours ago
- Dan Carter won’t stop kicking
After a long and illustrious career as a goal kicker, Dan Carter’s favourite way to unwind is… kicking goals. Why can’t he get enough of it? And what it’s like to watch him do it for an hour straight? A semicircle of people wielding cameras and phones has formed in ...8 hours ago - ‘Everybody rolls their eyes’: Dame Susan Devoy’s guilty TV pleasureDame Susan Devoy takes us through her life in television, including late night ER debriefs, her proudest CTI moment and the show she watches in secret. Quite aside from her four world champion squash titles, Dame Susan Devoy will likely go down in history as one of the best Celebrity ...8 hours ago
- Dunedin’s secondhand bookshops, ranked and reviewedHera Lindsay Bird reveals the best places in Ōtepoti to score more for your apocalypse-prep book hoard. Sometimes I get the feeling I’ve been killed in a car crash, and this second half of my life is just the brain unspooling itself, like one of those episodes of a hospital ...8 hours ago
- Review: High Country is the ideal crime drama for a cold winter nightThreeNow’s new murder mystery series takes us on a dark, damp journey into the Australian wilderness. This is an excerpt from our weekly pop culture newsletter Rec Room. Sign up here. High Country is ThreeNow’s new Australian eight-part crime drama, set in a remote part of the Victorian highlands. It tells ...8 hours ago
- Welcome to The WeekendIntroducing a new way to read The Spinoff every weekend. After nearly 10 years of being an online magazine, we’re finally embracing the weekend liftout. Despite our best efforts to convince you otherwise, writers and editors at The Spinoff don’t work weekend. It is through the sheer power of technology ...8 hours ago
- Tips and tricks for when your therapist looks like your dadTip one: let yourself be nurtured by this big old man. Tip two: don’t ask him to adopt you. So, you’ve arrived at your first session with a new therapist. He tells you to make yourself comfortable and you opt for the tweed armchair, hoping it makes you look like ...8 hours ago
- The Sunday Essay: The books that electrify and consume youI didn’t know books could open you back up; that there were books that stayed with you, where reading was like a chemical event. I knew nothing. The Sunday Essay is made possible thanks to the support of Creative New Zealand. Not too long ago, I was listening to the American ...8 hours ago
- The Enhanced games, where drug use isn’t cheatingFormer Olympic swimmer James Magnussen has already started training for the Enhanced games, though says he won’t start taking performance enhancing substances until about nine months out from the competition. The Australian world champion was the first athlete to be announced by Enhanced, but he says the organisation has had ...8 hours ago
- Short story: The boat in the shed, by Kyle MewburnEveryone thinks he’s dead. Every day they expect his body to be washed up along the coast. Most likely up Karitane way, the way the tide’s running. But nobody’ll be too surprised if his body’s never found. Even in death he wouldn’t have wished for such attention. He would have ...8 hours ago
- USP Council votes to bring controversial VC back to FijiCouncil members voted 21 to 4 in favour of Ahluwalia returning to the Laucala campus following a much-awaited meeting in Vanuatu this week. It comes as USP and its two unions — the Association of the University of the South Pacific Staff (AUSPS) and the Administration and Support Staff Union ...13 hours ago
- Public health expert urges govt to focus on disease preventionThe government needs to step up in the wake of a report showing a third of Kiwis have unmet health needs, Professor Boyd Swinburn says. ...17 hours ago
- Figures like Andrew Tate may help spread misogyny. But they’re amplifying – not causing – the ...Source: The Conversation (Au and NZ) – By Nicola Henry, Professor & Australian Research Council Future Fellow, Social and Global Studies Centre, RMIT University Shutterstock Following an emergency meeting of the National Cabinet this week, Prime Minister Anthony Albanese has announced a raft of measures to tackle the problem ...17 hours ago
- Free speech debate back on as Victoria University expands diversity on panelA perceived right-wing bias and concerns about panellist diversity have pushed Victoria University to reformat its debate. ...18 hours ago
- Week in Politics: Polls, pay rises and a Green MP in troubleAnalysis - A poll showing the opposition is more popular than the government raises questions, politicians go through their 'trial by pay rise' and a Green MP loses her cool in the debating chamber. ...19 hours ago
- Māori win customary title over Tokomaru Bay on East CoastThe entire stretch of Tokomaru Bay on the East Coast will be subject to a joint customary marine title for two hapū, and extending up to four miles out to sea. A High Court judge has found the two groups, who during the case settled a dispute over boundaries for ...19 hours ago
- Universal’s music is returning to TikTok, ending a spat that hurt fans more than anyoneSource: The Conversation (Au and NZ) – By James Hall, Lecturer, Media & Cultural Studies, Edith Cowan University A longstanding feud between TikTok and Universal Music Group seems to have finally reached an end, with both parties signing a deal that will see Universal-backed music returned to the social media ...20 hours ago
- To tackle gendered violence, we also need to look at drugs, trauma and mental healthSource: The Conversation (Au and NZ) – By Siobhan O’Dean, Postdoctoral Research Associate, The Matilda Centre for Research in Mental Health and Substance Use, University of Sydney After several highly publicised alleged murders of women in Australia, the Albanese government this week pledged more than A$925 million over five years ...20 hours ago
- National raised $10.4m in donations in 2023Political parties have now fully disclosed the donations they received last year - with National getting more than double the cash of any other party. ...20 hours ago
- Don't 'mistake' Pacific leaders 'quietness' on AUKUS as support for NZ'...A Pacific regionalism expert has called out New Zealand's Foreign Affairs Minister Winston Peters for withholding information from the public on AUKUS military pact. ...21 hours ago
- Florist says Julie Anne Genter exchange was 'massive imbalance of power'The Wellington woman says she felt degraded and humiliated after being confronted by the Green MP. ...21 hours ago
- China’s new Moon mission is about to launch, and it’s a rare example of countries working togeth...Source: The Conversation (Au and NZ) – By Richard de Grijs, Professor of Astrophysics, Macquarie University Bruno Scramgnon/Pexels All systems are “go” for tonight’s launch of China’s next step in a carefully planned lunar exploration program. Placed on top of a powerful Long March 5 rocket, the Chang’e 6 ...21 hours ago
- National returned $200,000 donation day after Newsroom storyNational returned a massive donation the day after a Newsroom story linked the donors to a property being investigated for operating unlawfully as a migrant workers’ hostel. The party’s 2023 donation filings, released on Friday, show it returned a $200,000 donation from Buen Holdings on August 23. That was the ...21 hours ago
- NZ slumps to 19th as RSF says press freedom threatened by global declinePacific Media Watch New Zealand has slumped to an unprecedented 19th place in the annual Reporters Without Borders World Press Freedom Index survey released today on World Press Freedom Day — May 3. This was a drop of six places from 13th last year when it slipped out of its ...21 hours ago
- Access to documents about Australia’s political history is fraught and inadequate. It needs to cha...Source: The Conversation (Au and NZ) – By Joshua Black, Political Historian and Administrator Officer, Australian Historical Association, Australian National University Australia has had its fair share of public record-keeping controversies in recent years. Some have been mere farce, as in the case of two formerly government-owned filing cabinets (containing ...22 hours ago
- Greens have 'historically bad' start to the year – political scientistThe party has had faced a challenging set of circumstances over the past five months, Lara Greaves says. ...23 hours ago
- HWPL Calls For Peace Amid Rising Tensions Between Israel And Iran
Heavenly Culture, World Peace, Restoration of Light (HWPL), a United Nations-affiliated organization dedicated to fostering peace through civilian-led initiatives, has issued a statement in response to the escalating conflict between Israel and Iran. ...23 hours ago - The Friday Poem: ‘Mātou’ by Tessa KeenanA poem by Tessa Keenan, from AUP New Poets 10. Mātou These days we are a photograph; one of a farm strewn with cows that used to be bright harakeke or swamp. The kids point at it and say the sun sits behind a smudge (left by someone at Christmas); ...23 hours ago
- The Unity Books bestseller chart for the week ending May 3The only published and available best-selling indie book chart in New Zealand is the top 10 sales list recorded every week at Unity Books’ stores in High St, Auckland, and Willis St, Wellington. AUCKLAND 1 Small Things Like These by Claire Keegan (Faber & Faber, $25) The masterful Irish writer ...23 hours ago
- Marriages, Civil Unions, And Divorces: Year Ended Dec 2023Marriage and civil union statistics record the number of marriages and civil unions registered in New Zealand each year, and divorce statistics record the number of divorces granted in New Zealand each year. Key facts Marriages and civil unions In ...23 hours ago
- Marriages, Civil Unions, And Divorces: Year Ended December 2023Marriage and civil union statistics record the number of marriages and civil unions registered in New Zealand each year, and divorce statistics record the number of divorces granted in New Zealand each year. ...23 hours ago
- How effective are domestic violence advertising campaigns for preventing violence against women?Source: The Conversation (Au and NZ) – By David Waller, Associate Professor, University of Technology Sydney shutterstock Cristina RasoBoluda/Shutterstock Domestic violence is a significant personal, community and social issue attracting much attention. After several recent horrific cases, media discussion, calls for a royal commission to end the violence and ...23 hours ago
- Taiwan is experiencing millions of cyberattacks every day. The world should be paying attentionSource: The Conversation (Au and NZ) – By Lennon Y.C. Chang, Associate Professor of Cyber Risk and Policy, Deakin University Taiwan stands out as a beacon of democracy, innovation and resilience in an increasingly autocratic region. But this is under growing threat. In recent years, China has used a variety ...23 hours ago
- ‘There was life in the old girl yet’: Dame Susan Devoy on taking reality TV by stormIn this excerpt from her new memoir, Dame Susan Devoy remembers her turn as star contestant on the 2022 season of Celebrity Treasure Island. The most anxious time of every day was pre-elimination, when you knew this could be your final day on the show. I felt such contradictory emotions, ...24 hours ago
- Auditor-General criticises way University of Waikato contracted Steven JoyceJohn Ryan says the University of Waikato did not invite multiple contractors and reached out to the former finance minister directly. ...1 day ago
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I linked to this one a while back, but it’s relevant here: Yet Another (Yes, Another) Study Shows File Sharers Buy More
That has been the case with me. I’ll frequently get some music on some media given to me by a friend, play it a few times, dig some more off youtube, and then buy 6 albums from Amazon. When the lumps of plastic arrive here, they will get stripped on to my linux workstation and then the plastic is filed with all of the other useless plastic that I have to cart around and store for the benefit of some dick-arse music company.
The music will get backed up onto my linux laptop with an extra copy on the external HDD. If it is really lucky it may earn a place of honour on my iphone.
Quite simply I want to pay for the content and download it. I’m uninterested in paying for the plastic and packaging. I’m uninterested in playing around with DRM because it is obnoxious crap that gets in my way and seldom ever works, especially on linux, or when I shift motherboards. I don’t mind paying for music, but i really can’t stand the crap and inflated prices for stuff I don’t use, need, or want.
Which reminds me. Does anyone have an alternative to that pile of software bloat called iTunes? Using it to load music to the iPhone is an exercise in futility. It really doesn’t seem to understand the idea that I have a lot of computers and all I want it to do is store a playlist of a thousand or so tracks at a time on the iPhone.
AFAIK, iTunes (which I refuse to use because it’s bloody horrible) is a proprietary piece of software and copying it’s functions will land you in court. This will cost you a large chunk of money and there’s no guarantee that you’ll be able to market your software. Actually, I’d go so far as to say that it would be almost impossible for you to market your software.
End result: Bloody horrible software that can’t be improved through competition due to the monopolistic restrictions placed upon it by capitalism.
There’s a reason why I keep saying that government should set standards*. Once set, nobody creating to that standard can be taken to court. This would actually bring about the benefits of competition that are presently being actively repressed by the capitalist model.
* Please not: I said set standards not create them. They would also need to be international standards.
Sell your iPhone and get a Nexus One.
Mind you, it’s over a grand, isn’t as slick as Appl€ product and mine hasn’t arrived yet, but when it does, I’ll be able to write programs and distribute them without a veto from Apple.
I stay away from Apple altogether.
The venerable Winamp has the ability to sync an iPod, dunno about an iPhone. Used it for yonks.
Then I used Songbird for a while, it’s quite a nice open source iTunes imitation with some great features but it feels bloated too.
(I gave up and went back to iTunes, it’s annoying but good for finding podcasts and free stuff)
(4000+ songs on my iPod Classic, mostly CD rips, honest! 🙂
Tried Songbird. From memory it’d do an iPod, but not an iPhone (which was kind of weird).
Winamp, I’ll bet doesn’t have a linux version. I used to use MediaMonkey when I booted in windoze to fill an iPod.
The other problem with iTunes is that it doesn’t run well under WINE, and so to use it on any of my machines apart from the mac mini that is powering the TV, I have to start up a virtualbox with bloody iTunes sucking the life out of it.
Nah, winamp is strictly windoze (the clue is in the name) but it’s supposed to run pretty good under WINE.
Tried this one? XMMS I haven’t but apparently it’s based on winamp. Don’t know about ipod/iphone support.
Copyright infringement estimates are also not the same thing as lost revenue.
If a 10 year old kid has several thousand songs on his PC that he has taken off the internet that hardly represents less sales. The ten year old kid (most likely) didn’t have the income to buy them in the first place.
If I convert my purchased DVD to Divx so I can stream it over my home network via my Xbox it’s quite clear I was never going to go and buy a Divx copy even if it was available – which it’s not.
If I convert my unavailable punk rock records from the 70’s to MP3 I can now presumably do this under the current law which allows for format shifting.
There was a Q&A around format shifting at the time.
The big hypocrisy was always when Apple sold Ipods all over the world which allowed you to copy your music to them and were sold for that purpose without any legal protection for people to do this in most countries they were sold in.
Didn’t see Sony or any other record company threatening to take Apple to court for providing the means to pirate their music.
Format Shifting
Why is there a format shifting provision and why is it limited to sound recordings?
The new format shifting provision responds to the concern that people want to transfer music they have legitimately bought onto different devices to take advantage of new technology. It also recognises this has been common practice for a long time.
The markets for audio visual works and music are evolving, they are different. There are numerous business models for audiovisual works that do not apply to music. Theatrical release, commercial rental (both physical and online models), free-to-air TV and pay TV do not have counterparts of any significant extent for music. It is also unlikely that consumption of audio visual works “on the move” using mp3 players and the like will ever be as ubiquitous as for music. It is not, therefore, possible to simply apply the conclusions reached about music to audio visual works.
Does the Act specify any special conditions that must be adhered to when format shifting?
Yes, you may only copy music that has been lawfully acquired for your personal use or the personal use of a member of the same household where you live. You can only make one copy for each music playing device that you own (that is your CD player, your iPod etc), Furthermore, you must retain both the original copy of the music from which the format shift copy was made and the copy you make under the format shifting provision.
The changes to the Act do not legitimise the copying of music for friends or online file-sharing; both actions remain an infringement of copyright.
Can the copyright owner specify any conditions for format shifting?
Yes, the default position under copyright law allows copyright owners and users to contract out of the format shifting exception. If music is bought subject to conditions, for example, the number of copies that can be made for personal use, then those conditions will override the format shifting exemption in the Act.