Author Archives: Michael Froomkin

90% of Statistics Are Wrong

It's rare you get quite as tidy an explanation of where a fake statistic came from as this, which comes from a bit of sleuthing by Prof. Michael Geist:

The RCMP has been the single most prominent source for claims about the impact of counterfeiting in Canada since its 2005 Economic Crime Report pegged the counterfeiting cost at between $10 to 30 billion dollars annually. The $30 billion figure has assumed a life of its own with groups lobbying for tougher anti-counterfeiting measures regularly raising it as evidence of the dire need for Canadian action. U.S. Ambassador to Canada David Wilkins cited the figure in a March 2007 speech critical of Canadian law, while the Canadian Anti-Counterfeiting Network, Canada's leading anti-counterfeiting lobby, reported in April that the “RCMP estimates that the cost to the Canadian economy from counterfeiting and piracy is in the billions.”

Yet despite the reliance on this figure – the Industry Committee referenced it in its final report – a closer examination reveals that the RCMP data is fatally flawed. Responding to an Access to Information Act request for the sources behind the $30 billion claim, Canada's national police force last week admitted that the figures were based on “open source documents found on the Internet.” In other words, the RCMP did not conduct any independent research on the scope or impact of counterfeiting in Canada, but rather merely searched for news stories on the Internet and then stood silent while lobby groups trumpeted the figure before Parliament.

A careful examination of the documents relied upon by the RCMP reveal two sources in particular that appear responsible for the $30 billion claim.

First, a March 2005 CTV news story reported unsubstantiated claims by the International Anti-Counterfeiting Coalition, a global anti-counterfeiting lobby group made up predominantly of brand owners and law firms, that some of its members believe that 20 percent of the Canadian market is “pirate product.” That 20 percent figure – raised without the support of any evidence whatsoever – appears to have been used by IACC to peg the cost of counterfeiting in Canada at $20 billion per year.

Second, a 2005 powerpoint presentation by Jayson Myers, then the Chief Economist for the Canadian Manufacturing and Exporters, included a single bullet point that “estimated direct losses in Canada between $20 billion and $30 billion annually.” The source for this claim? According to Mr. Myers, it is simply 3 to 4 percent of the value of Canada's two-way trade.

And, as Prof. Geist explains, other oft-cited measures of the loss due to 'piracy' are equally suspect.

Posted in Law: Copyright and DMCA | Comments Off on 90% of Statistics Are Wrong

Digging for the Details in Sen. Clinton’s Health Care Plan

Ian Welsh at The Agonist has the best questions I've seen about HilaryCare 2.0.

They're at Questioning the Hillary Health Care Plan.

I will say this: I think Ezra Klein is exactly right: if we get any sort of national health care plan of any value out of the next administration, whoever is running it, a good chunk of the credit belongs to the man who forced people to talk about it in a meaningful, detailed way: John Edwards.

Posted in Politics: US: 2008 Elections | 3 Comments

Rudy Sees Red

MoveOn seems to have got Rudy Guliani's goat. And all it took was the truth.

Posted in Politics: US: 2008 Elections | Comments Off on Rudy Sees Red

The Audience Sat Quietly

I'm happy to report that the Chemerinsky affair has come to what appears a happy conclusion. But even at its worst, that kerfuffle might be small potatoes compared to the worst interpretation (which is not the only one possible) of what is recorded in this video of U.Florida police tasering a student:

The video begins at the end of what appears from the excerpt to be the student's mildly confrontational question. But we don't know what went before — for example, did the student hog the mike for 10 minutes, refusing calls to relinquish it?

ABC News reports

University spokesman Steve Orlando said Meyer was asked to leave the microphone after his allotted time was up. Meyer can be seen refusing to walk away and getting upset that the microphone was cut off.

As two officers take Meyer by the arms, Kerry, D-Mass., can be heard saying, “That's all right, let me answer his question.”

Did he go over time a little, or a long time? Does U.Fla have a 10-second rule — go over 11 seconds and it's the pokey?

I'm certain the police will say they tasered the student for resisting arrest, and viewed strictly from the point of police procedure and starting from the rule that even people subject to false arrest are supposed to go quietly that seems plausible from the video. The student isn't going quietly — he's shouting for help and asking what he's done to merit arrest.

Yet, at another level, that defense elevates procedure over substance: Why was this student arrested at all? Dragging people away for asking a question in a public forum at a public university suggests we may be reaching a new low in civic values and freedom.

The Village Voice website asks,

1) Did this actually happen in the United States of America?
2) How is it that 98 percent of the audience sat in silence?
3) Can you believe that Kerry just kept on answering the question as if everything were normal?
4) What would have happened if the Senator stood up and told the cops to stop instead of offering weak protestation?

I think the second question is the key: Why did the audience fail to react?

Did the audience fail to react because this is a known crank who was looking for trouble and was abusive in the (seconds? minutes?) preceding this video, and they felt he had abused the audience as much as Senator Kerry, or did the audience fail to react because we're no longer shocked by people being dragged away if they ask unpleasant questions in public?

Comments — and eyewitness reports — particularly welcome.

Posted in Civil Liberties | 3 Comments

We’ll Try Harder

Top 20 Law Schools for Hispanics (with the percentages of Hispanic students and faculty for the Top 10 schools):

  1. New Mexico (27%; 22%)
  2. Miami (12%; 8%)
  3. Texas (17%; 4%)
  4. USC (16%; 6%)
  5. American (14%; 6%)
  6. Florida State (8%; 7%)
  7. Arizona State (15%; 7%)
  8. Stanford (11%; 7%)
  9. Arizona (12%; 8%)
  10. Florida International (28%; 17%)
  11. UCLA
  12. BYU
  13. George Washington
  14. Florida
  15. Illinois
  16. Colorado
  17. Connecticut
  18. San Francisco
  19. DePaul
  20. Southwestern

via TaxProf Blog.

Posted in Law School | 2 Comments

Where’d My Clock Go?

The clock in the left margin is (was?) powered by clocklink.com, which seems to be having some troubles today:

Unable to request URL from host www.clocklink.com:80: tried all of the host's addresses:

1. www.clocklink.com/216.230.241.101: Connection refused
2. www.clocklink.com/216.230.241.102: Connection refused

I hope it's temporary.

Posted in Discourse.net | 3 Comments