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<title>Techdirt. Stories filed under &quot;korea&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;korea&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Mon, 22 Oct 2012 13:33:00 PDT</pubDate>
<title>Korean Music Industry Embraces The Future While US Counterparts Fight It</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121018/00360120743/korean-music-industry-embraces-future-while-us-counterparts-fight-it.shtml</link>
<guid>http://www.techdirt.com/articles/20121018/00360120743/korean-music-industry-embraces-future-while-us-counterparts-fight-it.shtml</guid>
<description><![CDATA[ The awesome folks over at Planet Money recently did a podcast about why Korean pop music (K-Pop) <a href="http://www.npr.org/blogs/money/2012/10/12/162740623/gangnam-style-three-reasons-k-pop-is-taking-over-the-world" target="_blank">is taking over the world</a>, using (obviously) Gangnam Style as exhibit number one.  Of course, you could argue that one faddish song is not proof that they're taking over the industry, so there's a bit of journalistic hyperbole at work here -- but the larger point comes clear in the podcast: the US's music industry was built for the 20th century -- a world of scarcity, limited distribution channels, hyperfocus on music and a strong reliance on copyright -- but the Korean pop music landscape is focused on a much more 21st century strategy.  
<br /><br />
They focus on "industrializing" the production of music, with hit factories and star making academies.  They focus on a multimedia experience.  Korean pop music is released on TV.  New debuts are released on TV with a video... and, of course, via YouTube.  And that's the third point: Korea is incredibly wired.  It was the first country with 3G networks in place and one of the first to have super high bandwidth broadband widely available.  The end result?  The industry, mostly built up in the past two decades, is built for the modern digital world, while the US industry still pines for the way things used to be.  And that has some people worrying that, like many other products that the US used to lead in only to see foreign countries take them over, Korea might <a href="http://www.npr.org/blogs/money/2012/10/16/163039109/episode-410-why-k-pop-is-taking-over-the-world" target="_blank">supplant the US</a> in cultural exports over time.  I still think there's a long, long way to go before that happens, but it is a scenario worth considering.  It is still held back somewhat by the language barriers, but that's hardly a complete game stopper.
<br /><br />
Of course, we've written about this before.  Nearly four years ago, I wrote about seeing Korean music mogul JY Park <a href="http://www.techdirt.com/articles/20090119/1924063457.shtml">speak</a> about the K-Pop industry, of which he's a leading player.  The points he made back then fit nicely with what Planet Money's report noted, but take it even further.  One point he made was that the K-Pop world really took off as an industry <i>once broadband became common</i>.  I'm reaching back 4 years into my memory banks, but I'm pretty sure he said the tipping point was when 70% of the country had high speed broadband connections.  At that point, the business of just selling music was no longer the real business he was in.  Instead, it was all about building up multimedia stars for the global stage, with a diverse set of revenue streams that rely little on using copyright to get royalties.   He talked about the academies where they train artists -- picking those who are bilingual and who can act as well as sing.  Basically, the K-Pop world expanded what it meant to be in the music business, changing the definition to suit the times... and it's working.
<br /><br />
There is no reason to think that the South Korean music business is about to surpass the US's any day now, but there's no set rule that the most popular music has to come from the US forever.  And those countries who encourage efforts that embrace the future and what the technology allows would seem to be in a much better position to go after the big opportunities.<br /><br /><a href="http://www.techdirt.com/articles/20121018/00360120743/korean-music-industry-embraces-future-while-us-counterparts-fight-it.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121018/00360120743/korean-music-industry-embraces-future-while-us-counterparts-fight-it.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121018/00360120743/korean-music-industry-embraces-future-while-us-counterparts-fight-it.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>getting-beat-at-their-own-game</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121018/00360120743</wfw:commentRss>
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<item>
<pubDate>Wed, 28 Dec 2011 12:06:00 PST</pubDate>
<title>Copyright Tourism: Korean Companies Sue Guy From Australia For Copyright Infringement... In California</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111228/03051417211/copyright-tourism-korean-companies-sue-guy-australia-copyright-infringement-california.shtml</link>
<guid>http://www.techdirt.com/articles/20111228/03051417211/copyright-tourism-korean-companies-sue-guy-australia-copyright-infringement-california.shtml</guid>
<description><![CDATA[ In the past we've talked about the horrors of <a href="http://www.techdirt.com/articles/20091210/0014407285.shtml">libel tourism</a> -- mostly involving the UK.  That's where a plaintiff living outside the UK sues a defendant also outside the UK for defamation... <i>in the UK</i>.  The reasoning is that the UK's defamation laws are especially draconian and harsh on defendants.  There have been efforts to change that and the US government was supposedly so offended by this practice that it <a href="http://www.techdirt.com/articles/20100811/00361310577.shtml">passed the SPEECH Act</a> a year and a half ago to make it clear that Americans wouldn't be subject to such libel tourism rulings.
<br /><br />
But is the US now becoming a home to copyright tourism lawsuits just as bad as the UK's libel tourism efforts?
<br /><br />
Eric Goldman points us to a bizarre default judgment ruling out of a district court in Northern California involving a bunch of <a href="http://dockets.justia.com/docket/california/candce/5:2011cv01049/238045/" target="_blank">Korean entertainment companies suing a guy who lives in Australia</a>.  The Korean companies claim that the guy, Kenny Tran, infringed on their copyrights by distributing their works.  As the court describes it:
<blockquote><i>
Defendant uses his websites to disseminate to internet users content, in the form of both
music and accompanying artwork, that has been unlawfully copied.... To listen to or
download an infringing copy of a work, the user clicks on a link next to an image of the
copyrighted album cover.... The user is then directed to a third-party website where
the user may download the album that was uploaded onto the third-party website by Plaintiff.... Users are able to download unauthorized copies of the DFSB Plaintiffs' copyrighted
material without Plaintiffs&rsquo; permission.
</i></blockquote>
If the allegations are true, then it appears that Tran has, in fact, violated DFSB's copyrights.  But the big issue that doesn't make any sense at all: <b><i>why is this in a US court?</i></b>  Again, the plaintiffs are in South Korea.  The defendant is in Australia.  The music in question is Korean pop music.  There's simply no reason that this is in a US court, and it seems like the court should have just tossed it out on jurisdiction issues.  Instead, it goes forward and issues a default judgment against Tran, who, one would imagine, had no reason to travel from Australia to the US to deal with this.
<br /><br />
So how does the court defend California as a reasonable jurisdiction?  It seems to come down to the fact that Tran uses Facebook, Twitter and YouTube... and all three are California companies.
<blockquote><i>
Moreover, it appears as though Defendant has specifically
used several California companies to further his scheme of perpetrating illegal downloads. Tran
uses California companies Facebook, Twitter, and YouTube to promote the websites he operates,
and to allow users access to the pirated copies of the copyrighted music and artwork. Additionally,
it appears as though Defendant uses a privacy service located in California to shield his identity.... In light of the nature of the websites run by Defendant, it appears that Defendant&rsquo;s
activities are expressly aimed at California.
</i></blockquote>
That seems like a very broad definition of targeting California, and it means that users of a ton of popular online services that can be used to break the law are now subject to California jurisdiction, no matter where they are in the world.  That seems <i>extremely</i> questionable, and open to widespread abuse.
<br /><br />
Separately, the court again goes a little wacky in arguing that Tran <b>knew</b> that his activities would "cause harm in California" because he's using California companies:
<blockquote><i>
DFSB and the other plaintiffs, however, are not
residents of California. Nonetheless, Defendant likely knew that his activities would cause harm in
California. Tran relied on several California companies to further his scheme of providing
copyrighted music to a world-wide audience of users. Additionally, given the evidence provided
by Plaintiffs of the reach of Defendant&rsquo;s activities, Tran likely knew that harm &ndash; in the form of
distribution and download of copyright protected material &ndash; would be suffered in the forum state.
</i></blockquote>
I don't see how this makes any sense at all.  If the "harm" was done to the copyright holders, what does it matter where Facebook, Twitter and YouTube are located.  Tran wasn't targeting "harm" at any of those companies.   The court also later claims that it's "not clear" if the plaintiffs could bring similar suits in South Korea or Australia.  Why?  Again, this simply makes no sense.
<br /><br />
It seems like with a ruling like this, plenty of others could start dragging pretty much anyone who may infringe on their works to court in California.  This seems ripe for serious "copyright tourism" cases.  Separately, it raises questions about the claims from SOPA supporters that copyright holders can't go after "foreign" infringers.  Apparently a district court in Northern California disagrees...<br /><br /><a href="http://www.techdirt.com/articles/20111228/03051417211/copyright-tourism-korean-companies-sue-guy-australia-copyright-infringement-california.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111228/03051417211/copyright-tourism-korean-companies-sue-guy-australia-copyright-infringement-california.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111228/03051417211/copyright-tourism-korean-companies-sue-guy-australia-copyright-infringement-california.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>jurisdiction</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111228/03051417211</wfw:commentRss>
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<item>
<pubDate>Thu, 17 Mar 2011 00:16:17 PDT</pubDate>
<title>Did Japan And Korea Just Make Life Really Difficult For Any Cloud Service Provider?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110311/01523313456/did-japan-korea-just-make-life-really-difficult-any-cloud-service-provider.shtml</link>
<guid>http://www.techdirt.com/articles/20110311/01523313456/did-japan-korea-just-make-life-really-difficult-any-cloud-service-provider.shtml</guid>
<description><![CDATA[ For a while we followed the important <a href="http://www.techdirt.com/articles/20060410/0839223.shtml">Cablevision remote DVR</a> case, in which the entertainment industry argued that Cableivision offering a hosted DVR service for its users was infringing on their copyrights, even though DVRs are legal.  The entertainment industry strained its credulity by arguing that because the DVR device was on Cablevision's property, rather than in someone's house (even though they functioned nearly identically), it completely changed the rules.  They said that Cablevision required separate content licenses to offer such a service.  Effectively, they were arguing that the length between the DVR and the TV determines whether or not there's infringement.   That, of course, is ridiculous (though even more ridiculous was when they <a href="http://www.techdirt.com/articles/20090114/2123083415.shtml">compared</a> a DVR to <b>murder</b>).
<br /><br />
Thankfully, the Second Court agreed and put forth a <a href="http://www.techdirt.com/articles/20080804/1218551884.shtml">pretty good</a>, if slightly awkward, ruling, which pointed out that it didn't matter where the device was, that time shifting is legal, and this service really seemed no different than a DVR.  The entertainment industry (of course) appealed, but the Supreme Court <a href="http://www.techdirt.com/articles/20090629/1016515400.shtml">refused</a> to hear the case, so the law stands in the 2nd Circuit -- though with such a high profile case, one hopes that other Circuits would tend to defer to this ruling (though, they certainly don't have to).
<br /><br />
Separately, we covered a <a href="http://www.techdirt.com/articles/20091231/0258107558.shtml">very similar</a> case in Singapore, involving RecordTV, which had trouble at the lower courts, but eventually <a href="http://www.techdirt.com/articles/20101206/00402412142/singapore-appeals-court-says-internet-dvr-is-legal.shtml">came to a similar ruling</a> as the US.  In that case, the court even noted that allowing remote DVRs seems to provide benefits to society.
<br /><br />
However, courts in other areas of the world apparently aren't quite as enlightened.  <a href="http://www.korealaw.wordpress.com">Wonil Chung</a>, an IP lawyer in Korea, recently sent over his excellent <a href="http://korealaw.wordpress.com/2011/02/27/tv/" target="_blank">review of a number of similar cases</a> from Korea and Japan where the rulings eventually all went the other way.  The cases there all have their own specific details, but the general point was that the courts seemed to feel that if the equipment is housed and "owned" by the service provider, then the actions are done by the service provider... even if the end user is the one clicking the button.  Effectively, those courts are saying that the length of the cable matters.  Chung's analysis is balanced, and he notes that this can be a tricky issue.  I agree that it's a complex issue that requires thinking through a variety of issues, but in the end, I have no problem saying that I believe the Korean and Japanese rulings defy common sense, while the US and Singapore rulings make sense.
<br /><br />
Where it gets really important is understanding the wider implications of these rulings.  Based on the rulings in Korea and Japan, it just became a lot more expensive and risky to set up <i>any</i> cloud-based service in either country.  That's because these rulings effectively say that liability is determined by the location of the equipment, rather than the location of the user.  Cloud-based services have the equipment hosted far away from the user.  But does that really mean that the service providers have now taken on the liability?  In Korea and Japan apparently the answer is yes, and that should put a chill through anyone building cloud-based offerings in either country.<br /><br /><a href="http://www.techdirt.com/articles/20110311/01523313456/did-japan-korea-just-make-life-really-difficult-any-cloud-service-provider.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110311/01523313456/did-japan-korea-just-make-life-really-difficult-any-cloud-service-provider.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110311/01523313456/did-japan-korea-just-make-life-really-difficult-any-cloud-service-provider.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>does-the-length-of-the-wire-matter?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110311/01523313456</wfw:commentRss>
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<pubDate>Fri, 4 Mar 2011 05:10:56 PST</pubDate>
<title>Music Companies In Korea Guilty Of Price Fixing, Collusion For Boycotting DRM-Free Music Retailers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110302/17155213332/music-companies-korea-guilty-price-fixing-collusion-boycotting-drm-free-music-retailers.shtml</link>
<guid>http://www.techdirt.com/articles/20110302/17155213332/music-companies-korea-guilty-price-fixing-collusion-boycotting-drm-free-music-retailers.shtml</guid>
<description><![CDATA[ For many years, we've wondered why there hasn't been a serious lawsuit brought against various companies in the music industry (and possibly the tech industry) for <a href="http://www.techdirt.com/articles/20060303/0147200.shtml">price fixing</a> around digital music.  The fact that the labels are dictating prices to retailers as well as all agreeing on identical prices certainly hints pretty strongly at price fixing or some form of collusion.  But it seems that most folks just don't care.  However, over in Korea, a bunch of <a href="http://www.koreaherald.com/national/Detail.jsp?newsMLId=20110301000287" target="_blank">digital music players -- including services, labels and telcos -- have been fined for price fixing</a> (thanks to <a href="http://www.techdirt.com/profile.php?u=bas">Bas</a> for pointing this out).  The details are a bit confusing in the link above, but <a href="http://www.allkpop.com/2011/03/koreas-fair-trade-commission-fines-15-music-distributors-for-collectively-rigging-prices" target="_blank">other reports</a> highlight that a part of the problem was the labels pulling music from services that didn't offer DRM.  They also used this as an opportunity to fix prices:
<blockquote><i>
"In order to block competition coming from smaller businesses, the companies listed above rigged their own prices. By rigging the prices in compliance with one another, they placed great harm on the consumers and other businesses in the industry.  Indeed, by equalizing the prices of their products, they've made the music industry believe that such a phenomenon was permanent. They have completely set up a blockade against the production of products that fit in different price categories. This is a violation of the consumer's right of choice."
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20110302/17155213332/music-companies-korea-guilty-price-fixing-collusion-boycotting-drm-free-music-retailers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110302/17155213332/music-companies-korea-guilty-price-fixing-collusion-boycotting-drm-free-music-retailers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110302/17155213332/music-companies-korea-guilty-price-fixing-collusion-boycotting-drm-free-music-retailers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>is-that-a-surprise?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110302/17155213332</wfw:commentRss>
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<item>
<pubDate>Wed, 13 Oct 2010 03:38:56 PDT</pubDate>
<title>Korea Gets Its Own Dancing Baby Copyright Fight; Says Free Expression Trumps Copyright Concern</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101005/12244211297/korea-gets-its-own-dancing-baby-copyright-fight-says-free-expression-trumps-copyright-concern.shtml</link>
<guid>http://www.techdirt.com/articles/20101005/12244211297/korea-gets-its-own-dancing-baby-copyright-fight-says-free-expression-trumps-copyright-concern.shtml</guid>
<description><![CDATA[ If you follow copyright issues online, by now you've undoubtedly heard of the famous <a href="http://www.techdirt.com/articles/20070725/224422.shtml">Lenz case</a>, involving Universal Music issuing a takedown to YouTube on a 29-second home video a mother took of her toddler son dancing to a Prince song.  While Universal didn't protest the counternotice, the EFF sued, pointing out that it should have taken fair use into account.
<br /><br />
<a href="http://www.korealaw.wordpress.com">Wonil Chung</a>, an intellectual property lawyer in South Korea alerted us to a blog post he wrote about a case that is <a href="http://korealaw.wordpress.com/2010/10/05/ucc/" target="_blank">almost identical to the Lenz case in the US</a>.  It involved a father filming his toddler daughter dancing and singing to a Korean pop star.  Again, a takedown notice was issued, and the guy sued in response.  Of course, it's worth noting that South Korean copyright law can be <a href="http://www.techdirt.com/articles/20070529/011909.shtml">much stricter</a> than US copyright law (in part due to lobbying pressure from -- you guessed it -- US entertainment industry lobbyists as part of a "free trade agreement" the US signed with South Korea).  It's also worth noting that South Korea's concept of fair use is extremely narrow.
<br /><br />
However, thankfully, the court sided with the father, pointing out that the video itself was not a substitute for the song, it had a non-commercial purpose, and only 15-seconds of the song were used.  Perhaps most importantly, it noted:
<blockquote><i>
 "If this kind of UCC [User Created Content] is barred from uploading online, it results in a unnecessarily excessive restraint on the free expression."
</i></blockquote>
Even beyond that, unlike the court in the Lenz case, the Korean court ordered the copyright holder to <i>pay</i> the father for "mental damages suffered from the takedown."  This is nice to see, and Chung's summary of the ruling pretty much wraps it up:
<blockquote><i>
Another interesting part of this ruling is that the court clearly found that the free expression under the constitution of South Korea must be considered fully and fairly in determining whether there exists a copyright infringement or not. Although the Korean Copyright Act has a fair-use-like clause, the clause is stated relatively narrowly so there has been a certain criticism that Korean court is not active in holding up a fair use defense. But this ruling held that the constitutional right of free expression has the equal value as a copyright stated in the Copyright Act which is a subordinate law to the constitution. That's why I welcome this ruling and expect to see the balance between the free expression and copyright with more fair use defences accepted in the Korean court in the future.
</i></blockquote>
His full post has more details and quotes from the ruling.<br /><br /><a href="http://www.techdirt.com/articles/20101005/12244211297/korea-gets-its-own-dancing-baby-copyright-fight-says-free-expression-trumps-copyright-concern.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101005/12244211297/korea-gets-its-own-dancing-baby-copyright-fight-says-free-expression-trumps-copyright-concern.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101005/12244211297/korea-gets-its-own-dancing-baby-copyright-fight-says-free-expression-trumps-copyright-concern.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>go-free-expression</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101005/12244211297</wfw:commentRss>
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<item>
<pubDate>Thu, 12 Aug 2010 07:37:06 PDT</pubDate>
<title>Did Korean Officials Really Need To Raid Google Offices Over Street View WiFi Sniffing?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100811/17450710597.shtml</link>
<guid>http://www.techdirt.com/articles/20100811/17450710597.shtml</guid>
<description><![CDATA[ It's been a few months since Google admitted that its Street View vehicles were <a href="http://www.techdirt.com/articles/20100514/1410159429.shtml">collecting some data</a> from open WiFi networks.  Those familiar with the basic technology involved have explained why this was <a href="http://www.techdirt.com/articles/20100622/0340389918.shtml">almost certainly an accident</a>, and there's no evidence whatsoever that anything was even done with the data.  However, there have been a <a href="http://www.techdirt.com/articles/20100608/1405549741.shtml">whole bunch</a> of lawsuits filed, and it's difficult to find a government that hasn't said they'd investigate the issue.  
<br /><br />
To date, it seems that Google has bent over <a href="http://www.techdirt.com/articles/20100527/0300569598.shtml">backwards</a> to work with every government investigating this issue, no matter how <a href="http://www.techdirt.com/articles/20100604/1306489695.shtml">varied</a> their requests were on the matter.  So far, the UK's investigation has found that the WiFi sniffing didn't appear to <a href="http://www.techdirt.com/blog/wireless/articles/20100729/11492810414.shtml">collect any sensitive data</a>, though others are still investigating.  More recently, Google agreed to <a href="http://www.reuters.com/article/idUSTRE67A2VJ20100811?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+reuters%2FtechnologyNews+%28News+%2F+US+%2F+Technology%29" target="_blank">allow Germans to opt-out of Street View</a>.
<br /><br />
Given Google's clear willingness to help out, it seems a bit odd that South Korean officials -- many months after the news of this came out -- suddenly <a href="http://www.bbc.co.uk/news/technology-10924682" target="_blank">decided to raid Google's Korean offices over this matter</a>:
<blockquote><i>
A police statement said they suspected Google has been collecting and storing data on "unspecified internet users from wi-fi networks"
</i></blockquote>
Brilliant police work there, guys.  It only took you three months to "suspect" what Google admitted in May.<br /><br /><a href="http://www.techdirt.com/articles/20100811/17450710597.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100811/17450710597.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100811/17450710597.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seems-a-bit-extreme</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100811/17450710597</wfw:commentRss>
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<item>
<pubDate>Tue, 15 Sep 2009 13:49:30 PDT</pubDate>
<title>French Porn Execs: Ignore Piracy, Focus On Quality; Japanese Porn Execs: Sue Everyone</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090915/0334096192.shtml</link>
<guid>http://www.techdirt.com/articles/20090915/0334096192.shtml</guid>
<description><![CDATA[ It seems that the porn world has had a "love/hate" affair with file sharing.  Over the years, we've seen stories of porn film makers embracing piracy to their advantage, and others complaining about it.  It's really not all that different than the rest of the entertainment industry.  So, it should come as no surprise that different porn execs are responding quite differently in two recent stories.  First, comes the news that Japanese porn film producers are looking to <a href="http://torrentfreak.com/porn-studios-set-to-target-65000-movie-uploaders-090912/#comments" target="_blank">sue <i>65,000</i> people in South Korea</a> for uploading.  That's about <i>double</i> the number of people that the RIAA sued in the US for uploading.  Wow.
<br /><br />
Meanwhile, reader PrometheeFeu alerts us to quite a different story in France, where industry execs <a href="http://www.lemonde.fr/teaser/?url_zop=http%3a%2f%2fabonnes.lemonde.fr%2ftechnologies%2farticle%2f2009%2f09%2f14%2findustrie-du-x-couper-les-acces-aux-sites-pirates-au-lieu-d-accuser-l-internaute_1239975_651865.html#xtor=RSS-3208" target="_new">are taking a much more reasonable view on things</a> (article in French, translation provided by PrometheeFeu).  The execs admit that it doesn't make sense to try to keep things from users:
<blockquote><i>
"Today all of our new productions simultaneously come out in DVD, download and streaming on our website and on our partner's VOD platforms. Back then, we looked at the music market as an example of what not to do and how to react"
</i></blockquote>
And they know piracy happens, but they figure that it's just a part of the market, and you can't blame people (or sue people) for file sharing:
<blockquote><i>
"If you leave unattended a bag of candy and some children, they will not understand why you punish them for eating the candy. Illegal files are 3 clicks away for just about anyone. It's normal that consumers will take advantage of those."
</i></blockquote>
But, they're figuring out ways to compete, by focusing on high quality, high-end material:
<blockquote><i>
"Of course, the large majority of free and illegal content is low-end. [...] The public rejects this mass of identical video. Whatever small amount of high end content obviously stands out."
</i></blockquote>
The producers in Japan might want to visit France for a lesson on how this works.<br /><br /><a href="http://www.techdirt.com/articles/20090915/0334096192.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090915/0334096192.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090915/0334096192.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-bit-of-a-split</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090915/0334096192</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 4 Aug 2009 12:56:13 PDT</pubDate>
<title>Blizzard To Korean Video Game Sports Assocation: How Dare You Promote StarCraft Without Paying Us!</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090803/0156125746.shtml</link>
<guid>http://www.techdirt.com/articles/20090803/0156125746.shtml</guid>
<description><![CDATA[ Once again, we get a story of entitlement culture, where a company gets pissed off that someone is promoting their products, without getting a direct cut (not realizing, of course, that they get payoffs in other ways).  This one comes to us via Rob, who sends in the story about an <a href="http://www.gosugamers.net/starcraft/news/10265-blizzard-vs-kespa-the-ultimate-fight" target="_new">ongoing battle in Korea over the broadcasting of professional StarCraft matches</a>.  StarCraft has been amazingly popular for quite a long time, and there are professional players in Korea.  It's such a big deal that a ruling body called KeSPA was put together, and organized the broadcast of professional StarCraft games on two separate networks.  This has, undoubtedly, driven massive sales of StarCraft for many years in Korea.  However, with StarCraft II, Blizzard is upset that it doesn't get a cut of the TV revenue and is trying to route around KeSPA.  Apparently, as the fight has escalated, KeSPA has asked the gov't for help, and apparently regulators are threatening to rule that StarCraft II is an "Adult" game, which would make it difficult to broadcast on TV in valuable time-slots.  You shouldn't bite the hand that promotes you...<br /><br /><a href="http://www.techdirt.com/articles/20090803/0156125746.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090803/0156125746.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090803/0156125746.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>entitlement-culture</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090803/0156125746</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 13 Apr 2009 11:50:06 PDT</pubDate>
<title>Google Doesn't Want To Disclose Korean YouTube Uploaders; Turns Feature Off Instead</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20090413/0727414478.shtml</link>
<guid>http://www.techdirt.com/articles/20090413/0727414478.shtml</guid>
<description><![CDATA[ Some new internet regulations recently went into effect in South Korea, forcing sites with more than 100,000 users per day to confirm users' personal information before they upload content or leave comments, so they can ensure people post content under their real names. The cutoff was lowered from sites with 300,000 daily users, and the new, lower bar caught YouTube Korea. But instead of complying with the system, Google has instead <a href="http://english.hani.co.kr/arti/english_edition/e_international/349076.html">disabled uploading and comments on its Korean site</a> (via <a href="http://www.paidcontent.org/entry/419-google-limits-youtube-korea-uploads-to-get-around-new-regulation/">PaidContent</a>). Google's stance on censorship of its search results <a href="http://www.techdirt.com/articles/20060124/1843232_F.shtml">in China</a> garnered it a lot of bad press; the fact that YouTube Korea lags behind other local video sites in popularity probably made this latest decision a bit easier. Apparently, though, people can easily get around the ban by using versions of YouTube aimed at other countries -- highlighting the frivolity of these sorts of laws given the global nature of the internet. Unless countries want to go as far as setting up Great Firewalls of their own, users will easily circumvent the rules, should they so desire.<br /><br /><a href="http://www.techdirt.com/articles/20090413/0727414478.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090413/0727414478.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090413/0727414478.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>letter,-not-the-spirit</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090413/0727414478</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 14 Nov 2008 11:55:00 PST</pubDate>
<title>Warner Bros. Make Up Your Mind: Are You Competing With Piracy Or Not?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081113/0331212823.shtml</link>
<guid>http://www.techdirt.com/articles/20081113/0331212823.shtml</guid>
<description><![CDATA[ It really was just last week that we were somewhat impressed that movie studio Warner Bros. recognized that it <a href="http://www.techdirt.com/articles/20081104/0202512734.shtml">needed to compete</a> with piracy in China, and was doing so by offering super cheap movie downloads there.  However, apparently that strategy isn't universal across Warner Bros., because, as a few readers have alerted us, the studio is acting in quite a different way in neighboring Korea.  Rather than compete, Warner Bros., is apparently throwing in the towel and <a href="http://blog.wired.com/business/2008/11/warner-bros-pul.html" target="_new">pulling out of Korea entirely</a>.
<br /><br />
To be honest, I'm quite confused as to how the same company could make both of those decisions in the course of a single week.  Perhaps the situations are really different between China and Korea (though, I doubt it), but it's difficult to see why it would make sense to try to compete against widespread piracy in one country, and then insist it was impossible to do the same thing in another country.<br /><br /><a href="http://www.techdirt.com/articles/20081113/0331212823.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081113/0331212823.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081113/0331212823.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>mixed-messages</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081113/0331212823</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 12 Aug 2008 19:13:56 PDT</pubDate>
<title>Once Again: People Just Aren't That Interested In Mobile TV</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080812/1611021960.shtml</link>
<guid>http://www.techdirt.com/articles/20080812/1611021960.shtml</guid>
<description><![CDATA[ For <a href="http://www.techdirt.com/blog/wireless/articles/20040819/165930.shtml">years</a> and years we've wondered why various companies were spending billions on building mobile TV systems that simply mimic traditional broadcast TV to mobile phones.  In an age of time shifting and place shifting there's little reason for a mobile broadcast TV system that's separate from your other ways of accessing television.  People don't want to have to buy into a whole different (expensive) mobile subscription service when they already have a cable subscription at home which they can save via their TiVo.  And, if they really want to access it on the go, they can just pick up a Slingbox and not have to pay for an entirely separate subscription.  But that hasn't stopped billions from being poured into various mobile TV systems, even though pretty much every test shows <a href="http://www.techdirt.com/blog/wireless/articles/20040927/2222248.shtml">very little</a> interest in <a href="http://www.techdirt.com/blog/wireless/articles/20051107/134209.shtml">paying</a> for mobile TV.
<br /><br />
Of course, sometimes when we talk about this, people tell us that the experiences in Asia -- specifically Korea and Japan -- show that there really is a market for fee-based mobile broadcast TV.  Turns out that's not true.  A new study in Korea points out that the highly touted mobile broadcast system there <a href="http://www.theregister.co.uk/2008/08/12/korea_mobile_tv_flop/" target="_new">gets very, very little usage</a>.  In the meantime, Toshiba is <a href="http://www.mobileburn.com/news.jsp?Id=5044">backing off</a> plans to offer a fee-based mobile TV subscription service in Japan.  So much for those "success" stories.
<br /><br />
What's really stunning about this is that it wasn't hard to <a href="http://www.thefeaturearchives.com/100990.html">predict</a> that this would happen years ago, <i>before</i> billions were wasted on such systems.  None of this means that <i>video</i> alone isn't an interesting space in the mobile market, but it has to be allowing users to access what video they want -- not taking us back in time to an old live broadcast system, and adding yet another subscription fee for the privilege.<br /><br /><a href="http://www.techdirt.com/articles/20080812/1611021960.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080812/1611021960.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080812/1611021960.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no,-really,-we-swear</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080812/1611021960</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 19 Jun 2008 20:41:08 PDT</pubDate>
<title>Korea Using Copyright Law To Crack Down On Protests It Doesn't Like?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080618/1139371444.shtml</link>
<guid>http://www.techdirt.com/articles/20080618/1139371444.shtml</guid>
<description><![CDATA[ Copyright law, by its nature, is an abuse of free speech.  Many, of course, consider it to be a reasonable restriction on free speech -- but any time you open that door, you open up the possibility that copyright will be abused in a way to prevent other types of free speech.  For example, Techdirt reader <b>cram</b> writes in to point out that Korean officials <a href="http://english.chosun.com/w21data/html/news/200806/200806180025.html" target="_new">have arrested the CEO of a video streaming website</a>, charging him with copyright infringement, noting that the site encouraged people to upload copyrighted works by giving uploaders a share of money earned.  However, many are suggesting that copyright infringement charges have little to do with the real reason behind the arrest -- as the guy arrested also runs another site that has helped publicize videos protesting Korean policies on importing US beef.  Well, no matter what they think of imports on US beef, now they know what happens when they <a href="http://www.techdirt.com/articles/20070529/011909.shtml">import</a> US-mandated copyright law.<br /><br /><a href="http://www.techdirt.com/articles/20080618/1139371444.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080618/1139371444.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080618/1139371444.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>misuse-of-copyright-law</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080618/1139371444</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 20 Dec 2007 05:34:00 PST</pubDate>
<title>The Real Cost Of Copyright Extension In Korea: $170 Million</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20071219/172404.shtml</link>
<guid>http://www.techdirt.com/articles/20071219/172404.shtml</guid>
<description><![CDATA[ Earlier this year, we pointed out how ridiculous it was that the US was <a href="http://www.techdirt.com/articles/20070529/011909.shtml">forcing South Korea</a> to extend the length of copyright in the name of free trade agreements.  After all, copyright is the opposite of free trade -- it's about monopoly protectionism, and that's very costly.  Now we actually have an idea of just how costly.  William Patry writes about the history of <a href="http://williampatry.blogspot.com/2007/12/global-garrotting-of-public-domain.html">copyright extension</a>, highlighting how it's really just a game of <a href="http://www.techdirt.com/articles/20050617/1151225.shtml">leapfrog</a>, where Big Copyright holders use the differences in copyright law to continually extend it out further and further -- completely going against the <a href="http://www.techdirt.com/articles/20070724/210959.shtml">purpose</a> of copyright law.  However, the real key to Patry's writeup is to point to a report from South Korea talking about just how much <i>damage</i> copyright extension is doing to local publishers.  That's quite a statement, since copyright extension supporters always talk about how it's designed to help publishers.  Not so.  Publishers are complaining that the new rules will limit how many books they can publish, and the government is being forced to <a href="http://www.koreatimes.co.kr/www/news/nation/2007/12/116_15773.html">hand over approximately $170 million</a> to keep the publishers happy.  So, for all the talk of how copyright extension is necessary to protect the publishing industry, in South Korea, it seems to be costing taxpayers at least $170 million -- while making sure that fewer books are published.  How is that possibly aligned with the stated purpose of copyright to encourage more content creation?<br /><br /><a href="http://www.techdirt.com/articles/20071219/172404.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071219/172404.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071219/172404.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ouch</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20071219/172404</wfw:commentRss>
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<item>
<pubDate>Tue, 20 Nov 2007 17:15:25 PST</pubDate>
<title>WiBro's 'Success' Not Boding Well For WiMax</title>
<dc:creator>Derek Kerton</dc:creator>
<link>http://www.techdirt.com/articles/20071120/124606.shtml</link>
<guid>http://www.techdirt.com/articles/20071120/124606.shtml</guid>
<description><![CDATA[ Many people confuse the future with the present. For years, I've heard variations of the following phrase at numerous conferences and multiple articles: "Well WiMAX is here so it has a huge time to market advantage over -blank-." The author or speaker usually then moves on to cite how WiBRO is entrenched in Korea, and Sprint will have Chicago and DC hooked up by end 2007, so WiMAX is here. Citing future dates, and using the present tense is a grade-school error, and the future has ways of making fools of soothsayers. The end of the year is fast approaching, and the news out of Sprint is about a <a href="http://www.techdirt.com/articles/20071109/003505.shtml">failed partnership</a>, not a pilot launch. Meanwhile, back in Korea, WiBRO is still faltering. WiBRO was a proprietary deviation of mobile WiMAX that the Korean government promoted because they didn't want to wait for WiMAX, and they wanted to drive the standard by getting out of the gate early. But back in September 2006 after 3 months of service, the 2 WiBRO networks in Korea had <a href="http://www.techdirt.com/blog/wireless/articles/20060905/162355.shtml">attracted 479 and 15 subscribers</a>. By February 2007 KT was up to 906 users while SK Telecom (a former employer of mine) was at 151. We joked that that represented a <a href="http://www.techdirt.com/blog/wireless/articles/20070206/163129.shtml">staggering 1,000% growth</a> since September! 
<br /><br />
In the latest news out of Korea, Telecoms Korea reports that 17 months after launch, SKT's WiBRO has <a href="http://www.telecomskorea.com/index.php?option=com_content&#038;task=view&#038;id=4719&#038;Itemid=2">fewer than 1,000 subscribers</a>. What an abysmal record. Of course, it's reminiscent of the early days of <a href="http://www.techdirt.com/blog/wireless/articles/20040119/115804.shtml">FOMA</a> or of <a href="http://www.techdirt.com/blog/wireless/articles/20040301/002441.shtml">Hutch 3 UK</a>. It's tough to shoulder the growing pains of a new technology that was launched before its time. Arrows in the back are the common reward. The government is pressuring the carrier to continue deployment of the network to meet regulatory minima. SKT will respond by increasing the number of "Hotzones" from 56 in 23 cities to 100 in 42 cities, and will eventually upgrade to Wave 2 which should double speed and capacity. Of course, as is typical of WiMAX rhetoric, it'll be hard to get clarity on whether they mean "double speed AND double capacity at the same time" or whether it really means "double speed and thereby double capacity". WiMAX now may be entering the "trough of disillusionment," but that doesn't mean it's dead in the water. If they can get the darned thing to work well, the global reference cases of WiBRO and Sprint's Xohm will shine like a beacon. If they don't get it to work in <a href="http://www.techdirt.com/articles/20070921/001432.shtml">2008</a>, it'll be more like bacon...fried.<br /><br /><a href="http://www.techdirt.com/articles/20071120/124606.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071120/124606.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071120/124606.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ouch</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20071120/124606</wfw:commentRss>
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<item>
<pubDate>Mon, 19 Nov 2007 07:52:00 PST</pubDate>
<title>Korea's Internet Addiction Bootcamps Mistargeted</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20071119/003003.shtml</link>
<guid>http://www.techdirt.com/articles/20071119/003003.shtml</guid>
<description><![CDATA[ For years, we've pointed out how ridiculous it is for people to be blaming <a href="http://www.techdirt.com/search.php?site=&#038;q=internet+addict">internet addictions</a> for things, when almost every case of "internet addiction" that's demonstrated that the actual problem was something else, and the internet usage was just a way of "escaping" from those other problems.  It didn't help that many of the big supporters of "internet addiction" happen to be the people (i.e., doctors) who are most likely to profit from such a thing existing.  On top of that, reports have shown that so-called "internet addictions" tend not to be particularly <a href="http://www.techdirt.com/articles/20061018/010618.shtml">harmful</a>, and it makes you wonder what the big deal is.  However, more recently, we're seeing some governments take the "threat" seriously.  The NY Times is running an article about a <a href="http://www.nytimes.com/2007/11/18/technology/18rehab.html?_r=1&#038;hp=&#038;oref=slogin&#038;pagewanted=all">"boot camp" in Korea to help cure kids of internet addiction</a>, incorrectly suggesting it's the first such camp in the world.  Earlier this year, we pointed out that China was opening a <a href="http://www.techdirt.com/articles/20070807/095521.shtml">summer camp</a> for internet addicts, which followed Chinese attempts to cure internet addiction with <a href="http://www.techdirt.com/articles/20051229/024221.shtml">electric acupuncture</a>, <a href="http://www.techdirt.com/articles/20050705/0024240.shtml">shock therapy</a> and special <a href="http://www.techdirt.com/articles/20060824/0729210.shtml">halfway houses</a>.
<br /><br />
Still, as you read the NY Times piece about the Korean boot camp, you see that the folks running the camp are marking the same assumption: that it's the internet or computers to blame, and therefore, the solution must be to remove kids from the internet and computers entirely.  This is fighting the symptom, not the disease.  There's a reason why people started spending so much time online, and simply taking away access probably won't change that.  The one kid that the article discusses in any detail started spending more time online because he wasn't very popular in school.  Taking away the internet isn't going to fix that.  There's no doubt that some people can spend way too much time at their computers, and it can potentially damage other parts of their lives -- but simply blaming the internet and pulling it away completely seems like a cure that's not likely to help very much.  If the real problems that lead the person to spend so much time online aren't dealt with, then they will simply manifest themselves in some other manner soon enough.  Calling something an internet addiction seems easy enough (and it's catchy, so it gets headlines), but if people are treating the internet part, rather than the real problems, it's not doing anyone any good.<br /><br /><a href="http://www.techdirt.com/articles/20071119/003003.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071119/003003.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071119/003003.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-symptom-rather-than-the-disease</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20071119/003003</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 22 Oct 2007 13:29:00 PDT</pubDate>
<title>Microsoft Gives In On Antitrust Claims; Will It Make A Difference?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20071022/124706.shtml</link>
<guid>http://www.techdirt.com/articles/20071022/124706.shtml</guid>
<description><![CDATA[ Just a week after <a href="http://www.betanews.com/article/Microsoft_Drops_South_Korea_Antitrust_Appeal/1192548381">dropping an appeal</a> on an antitrust ruling in South Korea, Microsoft has now <a href="http://www.washingtonpost.com/wp-dyn/content/article/2007/10/22/AR2007102200600_pf.html">agreed to the EU's antitrust ruling</a>.  This shouldn't come as much of a surprise, as Microsoft's appeal had already been <a href="http://www.techdirt.com/articles/20070917/033526.shtml">smacked down</a> by the EU courts.  While this may appear to be something of a shift from Microsoft's more common willingness to fight these sorts of things to the end, it really shouldn't be that surprising.  At some point, the company had to realize that things weren't going to get any better.  And, at the same time, Microsoft had really held out for long enough on many of these issues.  The remedies (beyond the fines) in the EU don't appear to be all that onerous and, if anything, should actually make Microsoft's operating system somewhat <i>more</i> attractive to purchasers in Europe, as it could make it easier for other applications to work well on the Microsoft platform.  So, while some in the press are saying that Microsoft "blinked," it seems more accurate to say that it was able to drag the process out for long enough to serve its own purposes.<br /><br /><a href="http://www.techdirt.com/articles/20071022/124706.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071022/124706.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071022/124706.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>probably-not</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20071022/124706</wfw:commentRss>
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