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stories filed under: "new zealand"
Culture

Culture

by Mike Masnick


Filed Under:
3d, new zealand, newspapers



New Zealand Newspaper Tries 3D Issue To Get People To Pay More Attention

from the experiments dept

As various newspapers continue to think about new business models, Adam points us to the news of a community newspaper in New Zealand that experimented with a special 3D issue, including various 3D images and (of course) special 3D glasses. The idea is to get people to spend more time looking at the newspaper. While it does seem like a neat gimmick, it doesn't seem like it is a sustainable idea on its own (they expect to do it again, but probably not for another year, due to the effort it takes). But, of course, no single gimmick needs to be sustainable by itself. It's neat to see publications recognizing that they at least should be trying out other things to add value that people will appreciate.

4 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
driving, gps, navigation, new zealand



New Zealand Says You Can't Use Your Mobile Phone For Navigation While Driving

from the because-that-would-upset-the-GPS-device-makers dept

Brendan was the first of a few to submit the story that New Zealand is telling people that they can't use their mobile phones for navigation purposes, even if that phone is mounted on the dashboard like a regular GPS navigation device. Regular GPS devices are fine... but a mobile phone acting just like one of those devices? That's illegal. Why? No one seems to be saying, but you can bet the standalone GPS makers are happy about this... Update: Well, that was fast. Given public backlash, the gov't has already decided to back down and rewrite the laws to allow mobile phone navigation systems.

16 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Mike Masnick


Filed Under:
brian edwards, copyright, libraries, new zealand



New Zealand Author Claims Libraries Are Involved In Grand Theft By Loaning Books

from the this-has-to-be-parody,-right? dept

Via Family Holloway, I came across a short opinion piece by Brian Edwards bitching about how libraries are facilitating book theft. At first, I honestly thought it was a joke or a parody, to make fun of those who complain about online "piracy," but I actually think he's serious. I'd never heard of Edwards, but apparently he's a big media personality and author in New Zealand. And, boy, does he hate the fact that libraries don't pay him every time someone checks out a book:

What pisses me off as an author is that for every person who buys your book, dozens of other bludgers get to read it for nothing. Let me give you an example. A few years back I wrote a biography of Helen Clark. It took about six months to write and during that time I had effectively no other income. The book retailed at $45. On the standard author's royalty of 10%, I got $4.50 for every copy sold. Helen, Portrait of a Prime Minister sold 9,000 copies, a reasonable if not spectacular figure in the New Zealand market. So I got $40,500 before tax for my six month's work.

I'm not complaining about that either. But...

Every public library in New Zealand bought at least one copy of Helen. And they lent each of those copies to other people to read for... nothing. Last year there were still 227.4 copies of the book in New Zealand public libraries. If each of those copies was taken out by one person a month, that's 2,729 people who read but didn't pay for my book -- my six month's work. At $4.50 per unsold copy, that's a theoretical loss of income to me in one year of $12,280.
While he later admits that not all of those people (and he made up the numbers anyway...) would have bought the book, but them immediately follows that statement up with this doozy:
But there's a principle here: when one person buys a book and lends it to another person to read, they effectively become an accessory to theft. Their generous act amounts to little more than stealing the author's work. When a public library buys a book and lends it to thousands of other people to read, it's grand theft copyright and really no different from illegally downloading music or movies or copying CDs or DVDs on your computer.
For someone who positions himself as an expert, he seems to have almost no understanding of the purpose of copyright law or of the public library systems. In the end, he says that libraries should pay him 1/4 of the usual book sale royalty per loan of his book. So, in his case, $1.13 every time the book is loaned out. Apparently, he doesn't quite realize that he's basically asking the public libraries, funded by public tax dollars, to subsidize him. The original Holloway link above does a nice job schooling Edwards, and then discusses things in more detail with Edwards in the comments -- though Edwards seems unwilling to budge on his claims of libraries being theives, or to understand basic common sense. Someone points out to him that if he bought a chainsaw, it would be ridiculous to stop him from lending it to someone, and his response is: "There is no intellectual property in a chainsaw."

Edwards also seems fully enamored with the myth that copyright law is based on some sort of "labor theory" -- that the more time you put in, somehow the more money you deserve to get out. While I'm unfamiliar with New Zealand copyright law, in the US, such theories have been widely discredited in the courts repeatedly. And, of course, they make no sense when viewed alongside the actual purpose of copyright law. Edwards seems to believe that copyright is welfare for creators, rather than an incentive to create.

In the meantime, perhaps the public libraries of New Zealand can do Mr. Edwards a favor next time he publishes a book: don't buy it. Ditto for anyone who might think of lending it... er... I mean, being an accessory to a crime in distributing copyrighted materials.

98 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
copyright, due process, new zealand, three strikes

Companies:
fact, mpaa



Hollywood Says Due Process Is Too Damn Slow

from the yeah,-that'll-work dept

Apparently, a New Zealand anti-copyright group controlled by the Hollywood movie studios is upset that a new three strikes proposal includes the ability to have a tribunal review a case from a user who feels wrongly accused. The Federation Against Copyright Theft (FACT) is worried that everyone accused of infringing will file for such a review, and it will clog up the system. Yes, due process is apparently too messy for the Hollywood studios. It would prefer a system where arbiters are able to process review requests in bulk. Because nothing says a fair and full hearing of your rights like a guy rushing to get through a batch of such complaints in a single process... I'm amazed that the studios haven't picked up on the French plan of giving judges only five minutes to review any such appeal.

40 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Mike Masnick


Filed Under:
anthony healy, content, copyright, internet, new zealand



This Is Wrong: 'Without The Content Industries, The Internet Would Be Empty'

from the let's-try-that-again dept

One of the annoying things about many in the entertainment industry who want to change the laws and the technology on the internet is that they've shown up late to the party. The internet was originally created as a communications medium, rather than a content one. And, for many years, it worked just fine -- and whatever "content" that was on the web was a part of the communications effort. It's only in the last decade or so (even less for some parts) that the old entertainment industry jumped online with its broadcast media mindset. But, rather than learning to understand and respect the fact that it's a communication medium, where things like sharing content aren't just possible, but the norm and an absolute "good thing," they simply insisted that something must be broken, and that it needed to be fixed.

They looked on the internet not for what it was (and is), but what they wanted it to be. To them, it was just a slightly more interactive version of what they had always done -- and they assumed that everyone would bow down to their wishes, because, obviously, everyone just wants that mass market content.

No statement encapsulates that more than the following, spoken by one Anthony Healy, director of the Australasian Performing Right Association, discussing the various proposals for new copyright laws in New Zealand, where he somehow states with a straight face:

"Without the content industries, the internet would be empty."
Oh really? Why not try it, and let's see. The quote, by the way, was brought to us by Andrew Dubber, who properly calls Healey the "Wrongest Man on the Internet, July 2009." However, this really is how some of these guys think. They don't think that the internet really existed before they discovered it, and they think that everyone logs onto YouTube just to catch the latest TV clips. They don't realize that people use it to communicate and share and collaborate -- and that's a lot more useful than using it to get fed some mass market entertainment junk.

56 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
copyright, new zealand, three strikes



New Zealand: New Copyright Law Still Involves Kicking People Off The Internet... But With A Bit More Oversight

from the for-the-industry,-not-the-people dept

Earlier this year, there was a lot of attention paid to proposed changes to copyright law in New Zealand. After originally being struck from a proposal, some politicians simply put back in a "three strikes" proposal and then literally yelled at those who were upset by this. This kicked off a lot of controversy, with the government standing by the proposal for a long time -- even in the face of musicians who stood up to against this bill that was supposedly there to help them! Eventually, with so much attention, the government agreed to dump the plan temporarily. There was a report that it would actually revisit all copyright law from scratch, but that was denied quickly.

Either way, it should probably come as little to no surprise that the proposals now being put forth really aren't all that different than what was there before. After all, the industry needs to have its laws. The people... not so much. The major difference is that it won't be ISPs just kicking people off. Instead, it will use a gov't Copyright Tribunal to act as a mediator to review accusations of file sharing and deciding on what (if any) punishment should be handed out, including the potential to cut people off. This is certainly an improvement, but it's still about the industry fighting the wrong battle. Rather than providing more value and a better business model, they're so obsessed with stamping out file sharing that they're totally missing the big picture. What a shame that politicians are simply going along with them.

19 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
editing the herald, lawyers, new zealand, newspapers, trademark

Companies:
new zealand herald



New Zealand Newspaper Threatens Blogging Critic With Trademark Infringement Claim

from the is-that-really-the-best-way-to-handle-things? dept

Pete wrote in to alert us to yet another case of a lawyer taking an overly aggressive approach to a cease-and-desist... and, in doing so, drawing a lot more attention to the issue. This time it takes place in New Zealand, where a blogger who runs an entire blog called Editing The Herald, which criticizes stories in The New Zealand Herald, received a legal nastygram from The Herald claiming trademark infringement and giving the guy a day to remove his logo -- which was an edited version of The Herald's logo (basically putting the "Editing The" above the logo -- or it would take him to court. As is standard in these things (though, usually with no legal basis), the lawyer demanded that the blogger not publish the letter, which the blogger ignored.

Now, I don't know enough about New Zealand trademark law to comment on the merits, but the whole approach just seems backwards. Having been on the receiving end of a few too many legal nastygrams, it's never a pleasant experience, and there's really no reason to send them if you haven't first tried a more friendly approach. The blogger in this case did agree to remove the logo and is apparently working on a new one, but The Herald and its lawyers could have approached the site in a much more friendly manner, rather than appearing like massive bullies, and giving the blogger more ammo to draw even more attention to the site. Once again, it appears that there are a lot of lawyers out there who still think that sending such cease and desist letters is a good idea.

12 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
copyright, new zealand



New Zealand Denies It's Scrapping Copyright Laws

from the too-bad... dept

Despite widespread reports last week that New Zealand was going to scrap its copyright laws, and start from scratch, Tom Rix writes in to point out that New Zealand officials are now denying this report and saying they're still working on a new version of the copyright amendment that was a source of tremendous controversy recently. Too bad. While it's likely that any new law (from scratch or just as an amendment) would be driven by corporate interests, it would have been an interesting experiment if the country could have been convinced to really revisit copyright laws.

1 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
copyright, copyright law, new zealand



New Zealand Officials To Scrap Copyright Law; Start From Scratch

from the but-who-will-be-involved dept

There was a lot of controversy over the past few months concerning an attempt to change copyright law in New Zealand. After tremendous uproar over the fact that the law (a version of three strikes) basically would declare people guilty based on accusations, rather than proof or conviction, the government finally agreed to dump the plan with plans to revisit it. However, it looks like now the government has decided to completely start from scratch, and to recreate copyright law anew. This is quite surprising. Historically, changes in copyright law tend to be patches. Every time a new technology changes things such that copyright law doesn't make sense, regulators duct tape on some "patch" that tries to deal with that new situation. Yet, New Zealand officials seem to be recognizing this, and want to see about rewriting copyright law from scratch:

The Copyright Act was written in the pre-internet age, and does not address any of the complexities surrounding file sharing, format shifting, and other modern issues such as DVD copying -- problems the last government was attempting to fix in a piecemeal fashion.
Of course, the real question is who will rewrite the law and how the process will work. If it's the industry, then you can expect the law to be much worse. But if it's designed with the full spectrum of interests taken into account, New Zealand could represent a useful sandbox for really (finally) rethinking some of the myths and talismans that some copyright maximalists insist are true, but for which no evidence exists. Hopefully, the government will consider ideas from outside the industry, and recognize both the public interest and the intention of copyright law.

24 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
new zealand, protests, three strikes



New Zealand Dumps 3 Strikes Plan... For Now

from the about-time dept

After temporarily backing down from the controversial 3 strikes provision that was put into a bill in a sneaky way (after it had been rejected by legislators, the country's copyright minister simply added it back in), it looks like New Zealand has decided to start again completely. Officials in New Zealand note that no agreement was reached in the month allotted to work out a new plan, so they're going to scrap the entire provision -- and look to start over from scratch with no specific timeline in place. Hopefully, this means that when it comes to a new law, the considerations of all parties will be considered, rather than just those of the entertainment industry.

43 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
abuse, dmca, new zealand, takedowns

Companies:
google



Google Provides Numbers On Just How Often DMCA Takedown Process Is Abused

from the quite-frequently,-it-appears dept

Some entertainment industry lawyers have been going around lately, pitching a fable that the DMCA isn't really that bad, since bogus takedown notices are somewhat rare. However, some new evidence from Google suggests quite a different story. Reader Slackr points us to some news about Google filing a comment on New Zealand's proposed new copyright law that would kick file sharers offline based on accusations rather than convictions. While New Zealand has agreed to hold off putting the law into place, while it hopes to work out a compromise, the government is accepting submissions from interested parties. While it's interesting alone that Google is participating in the process, even more interesting is what it has to say about its experience with DMCA takedown notices:

In its submission, Google notes that more than half (57%) of the takedown notices it has received under the US Digital Millennium Copyright Act 1998, were sent by business targeting competitors and over one third (37%) of notices were not valid copyright claims.
Google's point is that these types of laws are widely abused, and setting up such a system where punishment is handed out without any real due process is going to lead to an awful lot of mistakes. But, these stats are worth discussing just for what they say about the DMCA itself, and that myth that the process is rarely abused. From the numbers Google has seen, it's quite clear that the DMCA isn't just abused, it's regularly abused in ways that are both anti-competitive and chilling.

35 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
censor, jail, new zealand, parents, violent video games



NZ Censor Threatens To Jail Parents Who Buy Violent Video Games For Kids

from the shock-value dept

Tony Eaton points us to the rather disturbing news that New Zealand's "chief censor" (quite a title, there...), Bill Hastings, is interested in prosecuting parents who have bought their kids violent video games. Apparently parenting is no longer for parents, but for Bill Hastings to determine what is, and what is not appropriate:

"There would certainly be some shock value to prosecuting a parent who gives their under-18 child access to a restricted game. It would send out a message that the enforcement agency means business."
Based on the law, parents prosecuted could face $10,000 fines or be put in jail for three months. Which do you think would do more harm to a child? Playing GTA or having their parent dragged through a show trial, for "shock value," and dumped in jail for three months?

57 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
artist resale rights, artists, copyright, new zealand, right of first sale



New Zealand Scraps Plan To Get Artists Paid Multiple Times For A Single Piece Of Work

from the getting-paid-multiple-times dept

We've never quite understood the reasoning employed in a few different countries to allow artists to get paid every time their artwork is sold. The given reason is usually that if the artwork becomes valuable at a later date, the artist should get a piece of that, but that doesn't make much sense. Once the artist becomes famous than all of his or her new works will also command a much higher premium. All such a "resale right" does is make it that much more expensive to buy and sell art, since you now have to pay a fraction of every transaction back to the artist. This actually harms the artists, because it makes people less willing to buy and sell their artwork. It basically punishes those who actually believe in an artist and buy their early works. It's been shown that such a resale right harms up-and-coming artists (it makes it more expensive to buy their works), and really only tends to help the super successful artists (i.e., those who are already earning plenty from their artwork).

Lawrence D'Oliveiro alerts us to the good news that New Zealand has decided to scrap such a plan. There's not a full explanation for why the plan was scrapped, but it has economically ignorant artists complaining that it's just not fair and it means New Zealand "doesn't value its artists." Hopefully someone will explain to them that making it more expensive for their artwork to be sold means that they'll be selling a lot less artwork -- and that doesn't seem very "valuable" at all.

8 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
new zealand, protests, three strikes



Recording Industry, Politicians Continue To Give Bogus Reasons To Support 3 Strikes In New Zealand

from the doesn't-anyone-call-them-on-this-crap? dept

Lawrence D'Oliveiro continues to keep us informed on the more ridiculous aspects of the push by both the recording industry and certain politicians in New Zealand to push through that country's highly controversial policy to cut off file sharers based on accusations rather than actual convictions for file sharing. First up is that the country's Prime Minister appears to be flat-out lying when he claims that New Zealand has to implement such a plan to remain in compliance with international obligations. That's simply not true. He claims that other countries, like Australia and the UK have already implemented similar plans, but that's also not true. Both countries have considered such a plan, but the UK, for instance, has already said that it will not require ISPs to cut anyone off the internet. To claim that New Zealand has to do so or that other countries have already agreed to the same thing is simply untrue.

Even more disturbing, though, is how the recording industry is pushing back against complaints from ISPs in the ongoing "negotiations" around this bill. Computerworld New Zealand has a leaked memo from the RIANZ, the RIAA's New Zealand wing. In it, the industry complains that it's not reasonable to allow those accused of file sharing to have more than five days to file a counter-notice to fight back against bogus accusations of file sharing. The RIANZ whines that this would allow file sharers to prevent being cut off from the internet. It makes it clear that it thinks the process from notification to getting cut off should be as short as is possible. Apparently, the recording industry isn't a fan of due process.

Then, apparently with a straight face, the RIANZ claims that the evidence it presents to ISPs is "highly reliable, well-tested and accepted worldwide." Tell that to all of the folks who have been falsely accused of file sharing because the evidence is not reliable, not well-tested and hardly accepted worldwide (in fact, US courts have increasingly questioned the weak evidence presented by the industry). The RIANZ also seems to claim that the three strikes policy is a "standard followed in other countries." That sounds nice, aside from the fact that no countries have actually approved such a law. Oh, right, also the RIANZ is upset that ISPs think that it should have to pay the costs associated with sending these notices. So, the recording industry doesn't want to pay the costs, doesn't want to give users much time to respond and is lying about what other countries are doing and the quality of its evidence. And New Zealand politicians are buying it.

14 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
new zealand, protests, three strikes



New Zealand Temporarily Backs Down From Controversial Copyright Law

from the let's-see-what-happens-next dept

It looks like the widespread protests against New Zealand's awful copyright law have finally made government officials recognize that something is wrong. They've agreed to delay the implementation of the new law for up to a month -- as the government is hoping that ISPs can come up with a "code of practice" to help deal with copyright infringement online. What's not explained (at all) is why this should somehow be the ISPs responsibility at all. Still, it's good to see that New Zealand politicians are finally recognizing that this is an important issue, and they can't just claim it was a few geeks who were concerned about it.

15 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
dance, haka, intellectual property, maori, new zealand



Traditional Tribal Dance... Now Covered By Intellectual Property

from the don't-dance-it! dept

Remember a few years back when the "inventor" of the electric slide claimed to own the intellectual property on the dance and sent takedown notices to those who were using it without paying up? Well, let's take that even further. A whole bunch of folks have been sending in the story that the New Zealand government has agreed to give intellectual property rights on an ancient tribal dance back to that tribal group. The group says they're trying to defend the dance from being exploited commercially, which "undermines" the "significance" of the dance.

I can certainly understand why they might be upset from a traditional angle, but it seems fairly ridiculous that you can tell people how they can and cannot dance. And, in fact, my guess is that eventually this tribal group will regret this decision. If you cannot easily spread and share an ancient culture, you are pretty much guaranteeing that it will die out.

26 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
new zealand, protests, three strikes



New Zealand Gov't Refuses To Remove 'Guilt Upon Accusation' Clause In Copyright Act

from the bad-law dept

Recently, New Zealand passed a copyright law similar to ones being pushed elsewhere by the entertainment industry, that would require accused file sharers to be cut off from their internet connection, based on the accusation alone. This seems to go against any concept of due process, and even musicians (who this law was supposed to help) came out against it loudly. Unfortunately, the politicians who put the law in place clearly had their minds already made up, and are refusing to change the law, which will go into effect in just a few weeks. Apparently, they want to see how it works in action, before making a decision on whether to change it -- which I'm sure will be quite comforting to those who lose their internet access without any proof or conviction of unauthorized file sharing.

18 Comments | Leave a Comment..

 
Overhype

Overhype

by IC Expert,
Carlo Longino


Filed Under:
arrests, new zealand, wanted

Companies:
facebook



New Zealand Cops Credit Facebook With Arrest

from the dude-mcgruff-just-added-me dept

Police in New Zealand have arrested a would-be thief after putting CCTV photos of him up on Facebook. The criminal genius tried to crack open a pub's safe, but after an hour in a small, enclosed space, he got hot and removed his ski mask -- then later helpfully looked directly at the CCTV camera. Cops in the town of Queenstown put the image up on their two-month-old Facebook page, and a day later, he was identified. Media worldwide have picked up the story, but really, it's nothing more than some smarts on the part of the police to go where people are. In times gone by, getting images like this in the local paper, or on the Crimestoppers segment of the local TV news were about the best way to try and get witnesses or identify criminals. Facebook and other social-networking sites now offer huge audiences (or potential witness pools), particularly among young people, so it shouldn't be too much of a surprise to see cops set up shop there.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

4 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
new zealand, protests, three strikes



Musicians In New Zealand Protesting 'Guilt Upon Accusation' Plan

from the good-for-them dept

One of the biggest problems with various "three strikes" or "graduated response" plans that involve ISPs slowing, degrading or removing internet connections from those accused of file sharing is the fact that they're based on accusations of file sharing, rather than actual proof and conviction. One of the most draconian of such plans has shown up in New Zealand, where the country's copyright minister yelled at those who pointed out how problematic the law was -- insisting that ISPs need to be responsible for stopping file sharing. Of course, many musicians recognize how problematic this is as well, and a bunch of them are getting together to protest the law in New Zealand, pointing out that "guilt upon accusation" is a horrible policy, and, even as musicians, they don't want such actions to be taken in their name.

15 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
collection society, music, new zealand, royalties



New Zealand Hairdresser Gets Bill For Playing Music In Her Shop

from the public-performances... dept

For years, we've questioned why it makes sense for various songwriters' collection societies to charge a license fee for playing music in various restaurants and shops. In the past, most of the focus on enforcement has been in restaurants and bars, where music is more central to the experience -- but even then, it's always seemed like the music helps draw more interest in people going out and actually paying that musician for something. It's promotional. However, in the past few years, collections groups have become a lot more aggressive. From going after auto repair shops because their mechanics listened to radios in the garage that customers could hear in the waiting room (public performance!) to police stations where cops listened to music too loud (public performance!), these rights societies consistently seem to be shooting themselves in their collective feet.

The latest, sent in by Lawrence D'Oliveiro, involves a hairdresser in New Zealand who had the temerity to have a radio playing in her shop (public performance!). Of course, the real solution to this isn't to pay, but to stop playing music. Music is not central to the hairdressing process, though, by not playing music, the shop would certainly seem a lot less welcoming. Either way, the whole thing seems backwards. If they're playing the music off the radio, then it's been licensed already, and if it's off a personal CD or MP3 player, it's been paid for in other ways.

We're still waiting for the day when one of these collections societies goes after someone playing music in their car with the top or windows down (public performance!) or maybe someone on a beach with a radio (public performance!). Perhaps what they really want is for everyone to do everything with their own personal music players and earphones jacked in. There should be no sharing or promoting of music whatsoever without a special license.

67 Comments | Leave a Comment..

 

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