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U.S. Copyright Report More Rhetoric Than Reality 123

CanuckGamer writes "Michael Geist has up a great article debunking the U.S. 'Special 301' report that is set to be released this week. The annual copyright report criticizes dozens of countries on their copyright practices, yet Geist notes that the policies are subject to growing criticism within the U.S. and that few countries are actually listening since most ignore the recommendations. 'While the report will generate media headlines and cries for immediate action from Industry Minister Maxime Bernier and Canadian Heritage Minister Bev Oda, the reality is that Canada's record on intellectual property protection meets international standards. Moreover, differences between the U.S. and Canadian economies - the U.S. is a major exporter of cultural products and has therefore unsurprisingly made stronger copyright protection a core element of its trade strategy while Canada is a net importer of cultural products with a billion dollar annual culture deficit - means that U.S.-backed reforms may do more harm than good.'"
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U.S. Copyright Report More Rhetoric Than Reality

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  • Ummm.... (Score:3, Informative)

    by Anonymous Coward on Tuesday April 24, 2007 @10:48AM (#18855121)
    "Debunking" means that you've demonstrated that something is false, not that you think it should be disregarded.
    • Re:Ummm.... (Score:4, Insightful)

      by ShieldW0lf ( 601553 ) on Tuesday April 24, 2007 @02:44PM (#18859211) Journal
      If we are trading a billion dollars worth of minerals, water, energy, lumber and manufactured goods out for a billion dollars worth of permission to something that would be free for the taking if we changed our laws, it makes it pretty fucking clear what we should do.

      We should dump the laws entirely. If that means trade drops such that we keep our billion dollars worth of stuff for ourselves and don't receive a billion dollars worth of empty "permission to copy" notes, we are much better off.

      The fact that it isn't happenening speaks to the motives of our elected officials.
    • Re: (Score:3, Insightful)

      by SeaFox ( 739806 )

      "Debunking" means that you've demonstrated that something is false, not that you think it should be disregarded.

      Why would you care about something that has been shown to be false, though?
  • by xxxJonBoyxxx ( 565205 ) on Tuesday April 24, 2007 @10:50AM (#18855167)

    Canada is a net importer of cultural products with a billion dollar annual culture deficit...


    Is that with or without William Shatner?
    • by Bearpaw ( 13080 ) on Tuesday April 24, 2007 @11:09AM (#18855443)
      I think William Shatner was born in Canada but lives in California. If true, I believe that would mean he's part of the US cultural deficit.
      • by Egonis ( 155154 )
        He was born and raised in Montreal, Quebec
        • by PFI_Optix ( 936301 ) on Tuesday April 24, 2007 @11:18AM (#18855559) Journal
          Once you export something, it stays exported. You don't get to count it every year just because it was made in your country.
          • by Znork ( 31774 ) on Tuesday April 24, 2007 @11:25AM (#18855647)
            Unless it's protected by intellectual monopoly legislation. Then you get to count it until the monopoly expires.

            Really tho, Industry Minister Maxime Bernier and Canadian Heritage Minister Bev Oda should take a good hard look at how multiple hundreds of millions of dollars transferred out of the Canadian economy, and consequently the loss of a fair number of jobs, would serve Canadian industry or Canadian cultural workers.
          • Once you export something, it stays exported.

            I'm guessing that Canada hopes so.

          • Re: (Score:3, Funny)

            by Pollardito ( 781263 )

            Once you export something, it stays exported. You don't get to count it every year just because it was made in your country.
            maybe we only have a William Shatner license, did anyone read the EULA?
          • Re: (Score:2, Funny)

            by Battle_Ratt ( 524562 )
            You've had Celine Dion in Vegas for a couple of years. Is she yours now? If so good, you can keep her.
          • by Egonis ( 155154 )
            I never said 'William Shatner was born and raised in Montreal, Quebec and therefore is the sole property of the Dominion of Canada'

            Someone had said 'he's from Canada, isn't he?'

            So using your logic, Colonel Sanders lived out his retirement in Canada, does that mean Kentucky Fried Chicken should be renamed to Canadian Fried Chicken because he 'exported'?

            Just food for thought.
    • Shatner is a cultural deficit all by himself.

    • It is impossible to exaggerate the importance of TJ Hooker to this issue. Close analysis will reveal that most of American cultural export is the functional equivalent of pornography: intended neither to advance an idea nor stimulate an affect, but to satisfy an appetite.

      Sane valuation would reveal that after Gordon Lightfoot, Canada banked a net surplus with America which would stand it in good stead for years to come.

  • by kilgortrout ( 674919 ) on Tuesday April 24, 2007 @10:58AM (#18855271)
    You need our oil more than we need your movies:

    http://www.eia.doe.gov/pub/oil_gas/petroleum/data_ publications/company_level_imports/current/import. html [doe.gov]

    Now go piss off.

    • by ahsile ( 187881 ) on Tuesday April 24, 2007 @11:05AM (#18855355) Homepage Journal
      Oh crap... they're going to invade us next!

      I guess we should hide because that's what we do best. So, uh... let's see. Roughly 10 million square kilometers and about 30 million people. I don't want to see anyone else within 300 square meters of me!
    • by dykofone ( 787059 ) on Tuesday April 24, 2007 @11:20AM (#18855583) Homepage
      I'm an American, but it's this oil thing that has made me actually consider moving to Canada:

      http://www.infoplease.com/ipa/A0872964.html [infoplease.com]

      Canada has the world's second largest oil reserve after Saudi Arabia. Why are they importing instead of exporting right now? Because oil is currently dirt cheap, compared to what it will be in 20 years. Canada is just sitting back, watching the world tear itself apart over oil, all the while not sharing what they have.

      Watch it, Canada will be the new superpower in a couple decades. That, or we'll just invade them.

      • That, or we'll just invade them.


        Interesting scenario - I think we'll do just that - I doubt they'll even put up a defense.
        • I think "annex" might be more appropriate than invade.

          Maybe we can work a deal where we'll throw out Texas and Florida, then make Canada and Quebec our 49th and 50th states.
          • My original post was somewhat tongue-in-cheek as half my family lives in Canada -- I'm just wondering about the implications of such a scenario. Would they fight back? It's not a question of courage, it would just be a futile fight IMO.

            The reason Canada would not want to be take over, amoung all other things, is that, going by present numbers, that oil would have to support 330 million people instead of just 30 million.... but with that idea about Quebec, it even wants to seperate from Canada itself from
            • by jcgf ( 688310 )

              It's not a question of courage, it would just be a futile fight IMO.

              I don't think it would ever happen, and if it did America would find that its allies from the gulf wars were all of the sudden on the other side. I really don't think Great Britain would be to pleased, Blair or not. Russia has also shown that they have no problem providing weapons and intelligence to the USA's enemies, so I think they would help us out. Anyways, the point is that the combined might of the above would be a threat to the US and would have to be considered.

              There's also the fact that mo

            • Re: (Score:3, Insightful)

              by Znork ( 31774 )
              "It's not a question of courage, it would just be a futile fight IMO."

              For which side? Take a look at current state of the art assymetric warfare and then imagine sharing a border the length of Canadas with 3 million insurgents. Not to mention the number of disenfranchised Americans that would probably want to play their own game in the chaos.

              Large parts of both countries would be reduced to 2 hours electricity per day, bottled water from the red cross and foodpacks before such a conflict was over. Not to me
              • Duh, the Canadians have flappy heads. Easy to spot, no worries here. Or you could ask them where they've been, and when they say "oot and aboot" you just throw the dirty bacon eaters in the brig.
              • We can't even properly occupy Iraq, let alone Canada.
              • Considering the climate change projections, we should expect the southern US to be an unbearable hellhole, while Canada becomes more moderate.

                With that in mind, I propose we build the Great Wall of Canada, to keep all the refugees out.

                The best way would probably be to suggest the idea to the Americans now while they're paranoid, then they can build it for us. Once they get it finished, we just nail all the doors shut from the northern side.
            • by init100 ( 915886 )

              I'm just wondering about the implications of such a scenario. Would they fight back? It's not a question of courage, it would just be a futile fight IMO.

              If the US shows that it is willing to invade a friendly country, I suggest that the EU and Russia help Canada, since otherwise we (the EU) could be next. I wonder how the US would react to such a development. Also note that everyone that sees the US as a threat might also help out, such as China, and possibly even arab states providing support in the form of suicide bombers. :)

      • Re: (Score:2, Insightful)

        by EgoWumpus ( 638704 )
        It may not be a superpower, but given that it has a tenth of the population of the U.S. it's in a very good position to leverage strategic oil reserves to concessions by America. We can't invade them; the U.S. populace would never stand for a war on their own territory. We can bring a staggering amount of economic pain down on them, though, and by stockpiling oil, they're in a very good position to tell us to get lost even in the face of that threat. I think it's wise of Canada to hold onto the one thing th
      • by Bullfish ( 858648 ) on Tuesday April 24, 2007 @12:04PM (#18856317)
        The republicans wouldn't stand for invading and annexing Canada. If you consider that the Canadian conservatives are to the left of the US democratic party, in the long run, it would lead to the addition of about 30 million democrat voters. Better to buy them out.
      • by TubeSteak ( 669689 ) on Tuesday April 24, 2007 @12:06PM (#18856367) Journal

        Why are they importing instead of exporting right now? Because oil is currently dirt cheap, compared to what it will be in 20 years. Canada is just sitting back, watching the world tear itself apart over oil, all the while not sharing what they have.
        If you knew anything about the oil business, you'd know that Canada's oil reserves are locked up in tar sands and under peat bogs. Oil prices have to stay over $60/barrel for Canada to remain a viable source of oil.

        Watch it, Canada will be the new superpower in a couple decades. That, or we'll just invade them.
        http://www.time.com/time/world/article/0,8599,1614 000,00.html [time.com]
        Estimates of Iraq's oil reserves have recently been doubled.
        The US already invaded them, so I think Canada is safe for a while yet.
        • Re: (Score:1, Informative)

          by Anonymous Coward
          reserves have recently been doubled.

          Believing that there will always be more oil somewhere, and as technology advances, there will always be more is like believing that there is pirate treasure in your front yard, and someday someone will invent a metal detector advanced enough for you to discover it.

          Peak oil is a reality, the best we can do is continue to push it off while oil gets more and more expensive. You can bet that if oil had remained mere dollars a barrel, we'd be done by now. When oil gets to b
        • Re: (Score:2, Informative)

          by dami99 ( 1014687 )
          I'm pretty sure the oil companies are making a profit in the tar sands at $30+ /barrel. You may call it "locked up", but as someone who lives in Alberta I can tell you there is a lot of work happening right now to get that oil out of the tar sands.

          You also imply that all of the oil in Canada is in the tar sands... That is completely untrue.
        • by SeaFox ( 739806 )

          If you knew anything about the oil business, you'd know that Canada's oil reserves are locked up in tar sands and under peat bogs. Oil prices have to stay over $60/barrel for Canada to remain a viable source of oil.

          Yeah, so once the world is "tearing itself apart" over the lack of oil, what do you think the price per barrel will be at that point?
      • That, or we'll just invade them.

        There are a few major reasons that first-world democracies don't invade each other and one of them is free trade. It would be senseless for America to invade Canada in order to acquire Canada's oil reserves, because Canadians are willing extract this oil from the ground and ship to the Americans' doorsteps for about the same price as it would take for Americans to do it themselves.

    • by Cauchy ( 61097 )
      You need our oil more than we need your movies

      Canada also has more standing timber than the US. Canada also has more available fresh water than the US. All we seem to have in the US is a military, but guess what's going to happen when we get thirsty.

      It should go without saying, but to those who are offended---it's a joke.
      • Re: (Score:3, Insightful)

        by Opportunist ( 166417 )
        Umm... you quench that thirst with blood?
      • It actually does worry me a bit. Not yet, obviously, but where will Canada stand in a century or so when China, Russia, and the US notice the big, resource-laden country with a suddenly hospitable climate..?
        • Well, that kinda depends on whether we can convince Russia to help us build the Invade-US tube in Alaska, and whether we can convince them to look at our missile defense plans.
    • The Canadian government has already appologized for Celine Dion, just let it go.
  • Cultural? (Score:3, Insightful)

    by ingo23 ( 848315 ) on Tuesday April 24, 2007 @10:58AM (#18855273)
    "the U.S. is a major exporter of cultural products"

    I think the word you are looking for is "entertainment". Unless you forgot the quotes.

    • kultur (Score:3, Interesting)

      by rodentia ( 102779 )

      If one regards the word in its general sense, without connotative value, cultural is just what is required here. In particular, US cultural production is rarely entertaining, but the Knight Rider is a *cultural* product. If it were identified as such more often, the market for it might shrink a bit. Certainly, fewer people would be inclined to allow their professional association with it. As it is, the work is written off as product analogous to the way current political discourse is written off as spin
      • Wait. Are you talking about Knight Rider (the talking car show) or Knight Ridder (the newspaper/internet media company that was recently bought out by McClatchy)?
  • by N8F8 ( 4562 )
    Canadians should be allowed to steal as much IP as anyone else..
  • Boo! (Score:5, Insightful)

    by Itninja ( 937614 ) on Tuesday April 24, 2007 @11:02AM (#18855315) Homepage
    Good thing the headline isn't slanted or editorialized. Oh wait....
    • Neither (Score:3, Insightful)

      by rodentia ( 102779 )

      The headline is a statement of fact. Unless one regards rhetoric as inherently perjorative ( a pernicious contemporary usage, mind) to say that the USTR report on IP is language intended to pursuade is hardly slant or editorializing. The Bush political appointee is merely doing his job.

  • by $RANDOMLUSER ( 804576 ) on Tuesday April 24, 2007 @11:02AM (#18855319)
    Life of the author plus 70 years. For corporate works, 95 years from date of publication or 120 tears from date of creation, whichever is shorter. Of course, most authors are incorporated and the corporation holds the copyright. The whole world needs to use this formula - because Sony and Disney and George Lucas aren't making enough money.
    • ...so they attempting to turn categories like copyright and patents into property. Politicians jump on this bandwagon because of 1) corporate patronage, and 2) its one of the few remaining large exports for the USA and more important as a trade negotiating tool as a result.

      Glyn Moody from Linux Journal: [linuxjournal.com]

      Intellectual Property does not exist

      If people became aware of this simple fact - that intellectual property does not exist - I think it might be easier to persuade even politicians to do something about thi

      • Re: (Score:3, Insightful)

        From The Tao of Programming [canonical.org]

        There once was a man who went to a computer trade show. Each day as he entered, the man told the guard at the door:

        ``I am a great thief, renowned for my feats of shoplifting. Be forewarned, for this trade show shall not escape unplundered.''

        This speech disturbed the guard greatly, because there were millions of dollars of computer equipment inside, so he watched the man carefully. But the man merely wandered from booth to booth, humming quietl

        • Capitalism posits one form of value: perceived value.

          Marxism posits two forms of value: exchange value and use value.

          The human organism exists in a matrix of overlapping values that, by the tacit statement of their poets, cannot be reduced to a unary or binary formalism.

      • but we won't (Score:3, Interesting)

        by rodentia ( 102779 )

        I think we must work hard to roll back this term "IP". . .

        But we won't. We each want a chance to cash in before the tragedy. Particularly if it is down to geeks to intervene in the use of these terms, we will resist. Every programmer has a *big idea* and the desire to capitalize is not regarded as crass or dishonest, but a civic duty. If ideas aren't property, how can knowledge be valuable?

        Seductive, easy and wrong answers to that question abound.
        • If ideas aren't property, how can knowledge be valuable?

          In order for something to be property, the owner must be able to use and enjoy it, let others use or not use it as he sees fit, and dispose of it as he sees fit. Knowledge is non-rivalrous, however. You can let others use knowledge you have gained, but you cannot get it back from them, nor can you really get rid of it yourself. Further, knowledge is often more valuable the more it is shared, due to network effects. Consider knowledge related to hygiene

          • . . . knowledge is often more valuable the more it is shared . . .

            If it's not monetized, its not value; not in the liberal capitalist democracies. They'll be crying all the way to the bank.

            Values (as opposed to value) are the prerogative of those who can afford to exercise them.

        • If ideas aren't property, how can knowledge be valuable?
          Love isn't either, so how can sex be owned?
        • You can monetize your ideas without using the term "Intellectual Property". Ideas aren't property, and knowledge is only as valuable as your marketing department.

          I'd like to know what you think a seductive, easy and wrong answer to your question is, and what the difficult right answer is. Only because by asking it you imply that you know the answers. Why not tell the rest of us?
        • by Znork ( 31774 )
          "If ideas aren't property, how can knowledge be valuable?"

          Wealth in a society as a whole is the lack of scarcity. 'IP' is monpoly rights; the artificial restriction of duplication, which creates artificial scarcity; ie, the fundamental essense of IP is diametrically opposite to the idea of economic growth.

          "If ideas aren't property, how can knowledge be valuable?"

          If air isnt property, how can air be valuable?

          Non-scarce items have no (as in approaching zero) cost, but they can still be valuable. The problem w
        • by knarf ( 34928 )

          If ideas aren't property, how can knowledge be valuable?

          If I give you the cookbook used by the most famous cook in the world, does that make you as 'valuable' an asset to a restaurant as that cook would be?

          The answer to that question is most likely a resounding 'no'. You lack something the cook has, namely skill and experience.

          Like fire, it takes three components to pull off a successful project: an idea, knowledge and skill. Take one away and the chance of success diminishes greatly.

          Your ideas, once ex

        • by Burz ( 138833 )
          I think in this case, knowledge is to property what time is to space:

          Knowledge and Time are both one-way propositions, and just as you cannot go back in time the way you can return to a point in space, you cannot take back a datum from someone's head as you could take back an object.

          So although information and time are both valuable, they are fundamentally unlike other valuable things that can be correctly understood as property (objects and space).
        • by Sique ( 173459 )
          Name the price for "English". And now argue that knowing the English language is not valuable.
    • Life of the author plus 70 years.

      What happens when technology improves to the point where authors do not die? I know this is far thinking, but there will come a day in the next few centuries where people live for thousands of years.

      Do you account for people who own copyrights that will never become public domain because of life extension? I would just say 100 years tops for any authored copyrights and the same for corporate.
      • Plus, what do you do when the copyright holder seems insistent on destroying his own work. For instance, Lucas' treatment of the OT on last years DVD release: "We had to use the Laserdisk version because the original no longer exists after the remastering."
    • by cpt kangarooski ( 3773 ) on Tuesday April 24, 2007 @01:10PM (#18857511) Homepage
      No, what determines the term length is the nature of the author. Terms run for the life of the author plus 70 years, except for anonymous works, pseudonymous works, and works made for hire, which run either 95 or 120 as you describe. Who holds the copyright has nothing to do with the term length. An author can assign his copyright to a corporation, but the term is still measured based on his life.
    • by PPH ( 736903 )

      because Sony and Disney and George Lucas aren't making enough money.

      It appears that you forgot the <sarcasm> tag.

      Certainly, money is the motivation. Corporations are seeking to extend the current value of IP that is nearing its expiration date. I don't think George Lucas really cares very much about this, since he will be long dead before his works go into the public domain.

      It all comes down to the present value [wikipedia.org] of the expected income flow over time. For Lucas, the present value of that income

  • the U.S. is a major exporter of cultural crap.

    There, fixed it for you!

  • by cursorx ( 954743 )
    Geist raises interesting points, as always. But for a more in-depth look into the sordid history of the Special 301 report, please read Peter Drahos and John Braithwaite's Information Feudalism, if you haven't yet. It's kinda like The Empire Strikes Back, with intellectual property lawyers and the content industry as the Empire, and not only one, but 50+ Darth Vaders.
    • That book sounds interesting. Anyone have a torrent?
    • If we're the Empire, then why don't I have a big starship and cool theme music?
      • by cursorx ( 954743 )
        As for the starship, I don't know. But if you want to use the Empire's cool theme song, you still have to write a check for the ISCA (Intergalactical Sith Collection Agency). Or make your own damn theme song!
  • by Bullfish ( 858648 ) on Tuesday April 24, 2007 @11:09AM (#18855441)
    They just keep acting like they are a whole other country!
  • by hobo sapiens ( 893427 ) on Tuesday April 24, 2007 @11:25AM (#18855653) Journal
    ...that US policymakers don't listen to some guy who serves as an advisor to the Canadian government [michaelgeist.ca].

    Oh, never mind. We don't even listen to our own scientists who repeatedly tell us about global warming.
  • Most countries aside of the US and possibly UK, India and Japan, are net importers of content. So I kinda wonder why the heck they all jump that bandwaggon so readily. Stronger IP laws actually hurt most countries' economies.
    • by linhux ( 104645 )
      When it comes to music, the third largest exporter (after US and the UK) in the world is actually Sweden. I doubt that there is any measurable movie export, though, so it may very well be that the net result still is negative.
    • Most countries aside of the US and possibly UK, India and Japan, are net importers of content.

      Canada is a net exporter. In fact, if it wasn't for music exports, Canada would have to rely on it's primary cash crop (which is green and leafy).
      • Really? Never would've thought that Mary Jane grows that well in the cold climate. :)
        • Sure, in fact, when I was a kid in 6th grade we had the country's biggest pot bust when they arrested someone with a backpack full of BC Bud in Kaslo, BC (population 1000).

          Actually, though, I believe the US produces almost as much, but we're slackers here in America.
  • by asninn ( 1071320 ) on Tuesday April 24, 2007 @11:36AM (#18855809)
    Just out of curiosity, what business do the USA have criticising other country's copyright laws, anyway? If Canada - for example - told the USA that their copyright laws are inadequate and need to be overhauled, they'd quickly be told to mind their own damn business and not meddle in other countries' internal affairs - and rightfully so, too. Why do the USA think that they have the right to do the same thing?

    Or, more specifically: why don't the PEOPLE see anything wrong with it when the administration(s) (both past and present) think they have the right to meddle in the affairs of other countries?

    • [W]hy don't the PEOPLE see anything wrong with it when the administration(s) (both past and present) think they have the right to meddle in the affairs of other countries?

      Um. The very idea of *other countries* finds itself through the work of socio-political discourse. If there were not other countries, our actions would not be meddling but interaction. The power grants your borders in order to arrogate the right to broach them.

      But the question is moot. Lenin's anticipated withering of the state
    • For the same reason that if a river runs through my property onto yours, I can't damn up the river on my property. Actions I take on my land may directly affect yours and so we have a vested interest in negotiation use of that river so I don't starve you and you don't come to my home and shoot me.
    • by Kjella ( 173770 )
      Or, more specifically: why don't the PEOPLE see anything wrong with it when the administration(s) (both past and present) think they have the right to meddle in the affairs of other countries?

      Why would the people get angry that their government is so powerful, it's able to meddle in the affairs of other countries? It's only the people being meddled with that get angry, and the most they manage to do is swap their own politicans for someone else and tell them to grow a backbone, something they'll fail to do
    • what business do the USA ... the USA... Why do the USA ...

      In your repetitious use of "the USA," it sounds like you are suggesting that all American individuals follow such behaviors. I believe this particular attack would be better directed at multinational media corporations. If I may make an assumption, I'm sure they don't care about the country of origin for a particular law, as long it is the law that benefits them most; I believe it just so happens that the USA currently has such laws.

      Perhaps someone could prove me wrong? What are the Japanese IP / co

      • In your repetitious use of "the USA," it sounds like you are suggesting that all American individuals follow such behaviors. I believe this particular attack would be better directed at multinational media corporations

        You have a point, but I think the "repetitious use of 'the USA'" is a result of politicians and their representatives from "the USA" repeatedly and vocally criticizing Canadian law. From the article [michaelgeist.ca] we're discussing:

        In recent months, U.S. Ambassador David Wilkins has publicly called on Canada

    • Or, more specifically: why don't the SHEEPLE see anything wrong with it when the administration(s) (both past and present) think they have the right to meddle in the affairs of other countries?

      There I fixed that for you. I could go into depth about the stupidity, arrogance, and laziness of my fellow countrymen, however I don't think /. has enough space for it. That'll have to do I guess.
  • who else stopped reading the summary out of disinterest upon reaching the first instance of "Canada"?
  • Intellectual Property trade sector [ustr.gov] has links to the past 301 special reports. Like 2006 Special 301 [ustr.gov], 2005 Special 301 [ustr.gov], 2004 Special 301 [ustr.gov], 2003 Special 301 [ustr.gov], and 2002 Special 301 [ustr.gov] .
    The 2007 report is not out yet.
  • Moved Permanently Use http://copyright.us/ [copyright.us]
  • Time they wake up to that. One job, one salery.

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