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-   -   Twistys abusing ICANN policies and pushing people around? (https://gfy.com/showthread.php?t=891090)

tubesitebuyer 03-02-2009 04:51 PM

If anyone is mad/sick enough with Shap and wants to start a new site with a sex tube domain that way predates the trademark date hit me up. Its not cheap though.

BusterBunny 03-02-2009 04:52 PM

too late for a sig spot?

Honez 03-02-2009 04:52 PM

This thread has legs :)

JD 03-02-2009 04:53 PM

lmao @ this thread

gideongallery 03-02-2009 04:57 PM

Quote:

Originally Posted by Shap (Post 15572568)
We trademarked SexTube and GayTube for the same reason we trademarked Twistys. To protect our investments.

We registered SexTube before YouTube was even registered. Back then tube was not a common term used online.

I appreciate your thoughts. We are simply following our lawyers advice. I'm not here to get into a debate of what is right or wrong.



youtube -FIRST USE IN COMMERCE: 2005-04-24

sextube - FIRST USE: 2006-02-10

unless you have a tardis i don't think so.

d-null 03-02-2009 04:57 PM

Quote:

Originally Posted by JaneB (Post 15573241)
Perhaps. I did not see that thread, I will have to see if I can find it. :winkwink:

ok, I found it for you, and don't want to misquote or put it out of context so here is the link, it is an interesting perspective of the business that we can gain insight on the views of how bigger sponsors see the future of the business so it makes for a good read:

http://www.gfy.com/15463689-post97.html

Quote:

Originally Posted by Shap
The problem is the "affiliate" is almost dead and really in big trouble these days. Everybody I've talked to at shows and in private meetings says the same thing. The "affiliate" is on it's last breath. There aren't the whales there used to be. The power affiliates used to have has really diminished. I think the main reason for that is all the affiliate sources of traffic have been hit hard. SE, Tgps, Mgps, Submitters, Link lists etc. The guys who can send big sales really don't give a shit about tubes. They send traffic where it makes them the most money.

This thread isn't new. We got shit last year for working with RedTube. I watched our affiliate sales closely after that thread. We didn't lose a single affiliate in our top 50. Why? Because those that are interested in making big money don't care about whether I'm advertising on tube sites. The people hung up on tube sites and refusing to accept them are in trouble. Take a long at the list of companies advertising on tube sites. That list is long and it's a list of all the top relevant programs today.


frank7799 03-02-2009 04:57 PM

Quote:

Originally Posted by acctman (Post 15573819)
from what i read hardsextube had there trademark first... just because it wasn't trademarked in the US doesn't give sextube the right to snatch it. he needs a new trademark lawyer that knows how to do global TM searches before sending out C&D letters.

i couldnīfind the "hardsextube" as a trademark in hungary. At least itīs not listed at the online register.

http://pipacsweb.hpo.hu/piaopt/pia09...ia&a=eng\start

Shap 03-02-2009 05:00 PM

It amazes me how so many of you seem to be sitting around just waiting for something like this to happen to make your day. None of you know the full details of the situation and yet you all are instantly Trademark Lawyer and Business consultants informing me what a slimy shitty asshole business owner I am. Seriously with times as tough as they are how do any of you have that much time to devote to someone you do no business with?

Regarding the Trademark situation. I've been in this business for 10+ years. All of our success has been the result of our hard work from the ground up. Nothing was achieved by stealing or scamming anyone. I'm not interested in stealing people's traffic. I'm just following what multiple lawyers (and multiple law firms) have recommend I do. I don't know shit about trademark law. I leave that up to the lawyers and hope they are giving me good advice. That said I honestly believe there are a number of domains using the name sextube that did so without knowing about the sextube trademark and most likely just registered a domain to use. The had no intention of causing us harm. There are also a number of domains that are riding off the sextube trademark and surviving 100% on search engine traffic that is coming from sextube. We have to protect ourselves. In doing so some people are going to be pissed at us. I'm hoping we can resolve every situation so all parties come away happy.

It's very obvious nobody in this thread has ever dealt with me. You are all so quick to crucify us without even knowing the story. Anybody who knows me knows I'm not interested in hardsextube's traffic. I'm just interested in making sure my interests are protected.

spacedog 03-02-2009 05:00 PM

wow.. what real two faced shitbags Twisty's turned out to be

HorseShit 03-02-2009 05:02 PM

http://www.google.com/search?hl=en&q...rch&aq=f&oq =

Vexes 03-02-2009 05:05 PM

This is a flashback from the sex.com days. Reverse domain hijacking is an ugly business.

Killswitch - BANNED FOR LIFE 03-02-2009 05:05 PM

Quote:

Originally Posted by Shap (Post 15573899)
It's very obvious nobody in this thread has ever dealt with me. You are all so quick to crucify us without even knowing the story. Anybody who knows me knows I'm not interested in hardsextube's traffic. I'm just interested in making sure my interests are protected.

So act like a lawyer and tell your lacky Michael to shut his fucking trap and stop trying to dig a bigger hole for you and your business.. because he sure as fuck isn't helping your cause much...

frank7799 03-02-2009 05:06 PM

Quote:

Originally Posted by Shap (Post 15573899)
It amazes me how so many of you seem to be sitting around just waiting for something like this to happen to make your day.

Sorry if I offended you in any way. That wasnīt my intention.

Quote:

None of you know the full details of the situation and yet you all are instantly Trademark Lawyer and Business consultants informing me what a slimy shitty asshole business owner I am.
I never said that. I would protect my trademark as well and as I pointed out I couldnīt find the hungarian trademark, so maybe it doesnīt exist. But in my opinion those descriptive terms are vulnerable and I may mention this in a public discussion.

BV 03-02-2009 05:07 PM

Quote:

Originally Posted by Shap (Post 15573824)
That is 100% false. We had the domain and trademark before they had domain and trademark.

right but your domain was not a tube site until 6 mos ago or so, someone 1st regged that domain in 1998 and it has never been a tube site. i assume it was registered as tube has always been slang for TV. so someone first regged it with that in mind. not for what "tube" is being referred to as of here and now.

i think you will lose in a court of law :2 cents:

this is why you are not suing youtube.com , because your site was never a real tube site until recently

If you would have had sextube.com up and operating as a real "tube site" before youtube.com was even thought of, then I would think you would have a pretty good case against YouTube. You don't think so?

anyways

congrats to all the winners :thumbsup

Shap 03-02-2009 05:09 PM

Quote:

Originally Posted by Killswitch (Post 15573926)
So act like a lawyer and tell your lacky Michael to shut his fucking trap and stop trying to dig a bigger hole for you and your business.. because he sure as fuck isn't helping your cause much...

He got real excited because ever since this thread exploded SexTube and GayTube exploded with it. Traffic is up, inquiries are up, pre-paid sold spots are up. He wants us to bump it all night long because it's been great for business for him today.

I on the other hand hate threads like this. But whatever it's part of doing business. I just usually mishandle them because I get so frustrated dealing with a bunch of anonymous posters.

Va2k 03-02-2009 05:09 PM

Quote:

Originally Posted by Shap (Post 15573899)
It amazes me how so many of you seem to be sitting around just waiting for something like this to happen to make your day. None of you know the full details of the situation and yet you all are instantly Trademark Lawyer and Business consultants informing me what a slimy shitty asshole business owner I am. Seriously with times as tough as they are how do any of you have that much time to devote to someone you do no business with?

Regarding the Trademark situation. I've been in this business for 10+ years. All of our success has been the result of our hard work from the ground up. Nothing was achieved by stealing or scamming anyone. I'm not interested in stealing people's traffic. I'm just following what multiple lawyers (and multiple law firms) have recommend I do. I don't know shit about trademark law. I leave that up to the lawyers and hope they are giving me good advice. That said I honestly believe there are a number of domains using the name sextube that did so without knowing about the sextube trademark and most likely just registered a domain to use. The had no intention of causing us harm. There are also a number of domains that are riding off the sextube trademark and surviving 100% on search engine traffic that is coming from sextube. We have to protect ourselves. In doing so some people are going to be pissed at us. I'm hoping we can resolve every situation so all parties come away happy.

It's very obvious nobody in this thread has ever dealt with me. You are all so quick to crucify us without even knowing the story. Anybody who knows me knows I'm not interested in hardsextube's traffic. I'm just interested in making sure my interests are protected.

:321GFY:action-sm:boid:moon:thefinger:anon:321GFY:smiling_b

Vexes 03-02-2009 05:11 PM

Quote:

Originally Posted by mpahlca (Post 15573189)
Funny thing on that I have had more people hit me up today because of this thread so thats why i keep bumping it, I really don't care what people think, its making me money the more this stays at the top, and in the end we will get the domain, I dont really put faith in GFY legal opinions I pay lawyers for their opinions.

This is bullshit.
Twistys is getting owned on GFY.
Maybe you guys can hire RogerV.

Wonder what Frank thinks about this situation?

Shap 03-02-2009 05:11 PM

Quote:

Originally Posted by m4yadult (Post 15573930)
Sorry if I offended you in any way. That wasnīt my intention.



I never said that. I would protect my trademark as well and as I pointed out I couldnīt find the hungarian trademark, so maybe it doesnīt exist. But in my opinion those descriptive terms are vulnerable and I may mention this in a public discussion.

I understand and appreciate your points. You may be dead on. I've been pushing my lawyers hard to find out. When we applied for the Trademark there were a barely a handful of people with SexTube domains. We applied and got the Trademark for the same reason we did on Twistys. The popularity of tube sites have turned this into a nightmare.

Shap 03-02-2009 05:13 PM

Quote:

Originally Posted by BV (Post 15573934)
right but your domain was not a tube site until 6 mos ago or so, someone 1st regged that domain in 1998 and it has never been a tube site. i assume it was registered as tube has always been slang for TV. so someone first regged it with that in mind. not for what "tube" is being referred to as of here and now.

i think you will lose in a court of law :2 cents:

this is why you are not suing youtube.com , because your site was never a real tube site until recently

If you would have had sextube.com up and operating as a real "tube site" before youtube.com was even thought of, then I would think you would have a pretty good case against YouTube. You don't think so?

anyways

congrats to all the winners :thumbsup

Our trademark for SexTube is for use as an adult site. Tube/Pay/Tgp whatever it doesn't matter what type of site specifically.

Brujah 03-02-2009 05:14 PM

Well, I'm not an anonymous poster and I hope you lose any WIPO and are chastised for Reverse Domain Hijacking. Domain owners rights should be protected from someone getting a trademark for a generic word or phrase with generic usage and then using it as a weapon to steal others with generic domains, using their domains for what those generic words describe. That is who you've become.

Shap is the new Acacia.

BVF 03-02-2009 05:15 PM

Quote:

Originally Posted by Shap (Post 15573961)
I understand and appreciate your points. You may be dead on. I've been pushing my lawyers hard to find out. When we applied for the Trademark there were a barely a handful of people with SexTube domains. We applied and got the Trademark for the same reason we did on Twistys. The popularity of tube sites have turned this into a nightmare.

Dude....You're a LEECH....Just admit it and then do whatever the fuck you want to do...

People call me all kinds of things for shooting street hoes....But you know what? I don't give a fuck....I'm not going to type page after page explaining IN VAIN about why I'm not a degenerate.....Fuck it....

http://www.abc.net.au/reslib/200704/r138958_475480.jpg

pornask 03-02-2009 05:16 PM

...and you people still send Twisty's traffic? Whoa....

BradM 03-02-2009 05:16 PM

Looking to buy traffic, and have not yet heard from anyone. Shap can you please have someone on staff contact me? Hope to open up business lines.

Shap 03-02-2009 05:19 PM

Quote:

Originally Posted by Vexes (Post 15573957)
This is bullshit.
Twistys is getting owned on GFY.
Maybe you guys can hire RogerV.

Wonder what Frank thinks about this situation?

Vexes. I hate threads like this. That's just me. I hate when people don't think the world of us. So obviously this thread has ruined my day. The situation was spun completely out of control and has been interpreted 100% not what I was wanting. That's my own fault for letting that happen. Not much I can do.

That said threads like this are unfortunately usually good for business. The affiliates that are responsible for 80 to 90% of our sales are very close with us. Most of them are businessman that have been faced with the situation we are facing. They know it's no easy situation and you can't always be the good guy. We've never had a negative thread hurt our business. It just doesn't happen. The core of our sales and traffic is with people that don't care about what anonymous gfy folk think. They care about the $$$$ we make together and that's it. On the other hand today for some reason everybody that didn't know about SexTube and GayTube knows about it now and many of them are hitting Michael up for advertising buys.

They say no publicity is bad publicity. I hate bad publicity but when it comes to GFY I can honestly say that saying has been true for us.

Young 03-02-2009 05:21 PM

Quote:

Originally Posted by Brujah (Post 15573974)
Well, I'm not an anonymous poster and I hope you lose any WIPO and are chastised for Reverse Domain Hijacking. Domain owners rights should be protected from someone getting a trademark for a generic word or phrase with generic usage and then using it as a weapon to steal others with generic domains, using their domains for what those generic words describe. That is who you've become.

Shap is the new Acacia.

A fucking men

Shap 03-02-2009 05:21 PM

Quote:

Originally Posted by BradM (Post 15573982)
Looking to buy traffic, and have not yet heard from anyone. Shap can you please have someone on staff contact me? Hope to open up business lines.

Sure thing hit up michael at twistys.com. He's not around right now but he'll get back to you tomorrow first thing :winkwink:

BradM 03-02-2009 05:22 PM

GFY is crap and 99% of people here are idiots. You could just spurt racial slurs instead of posting intelligent responses to everything in this thread and have the same end result from the mob. It doesn't matter - no one here has traffic anymore anyway.

Cyber Fucker 03-02-2009 05:36 PM

I didn't know that some owners of big programs are such retarded... truly sad

fris 03-02-2009 05:37 PM

hardsextube has some nice converting traffic

Shap 03-02-2009 05:38 PM

Quote:

Originally Posted by bbwebmaster (Post 15574081)
I didn't know that some owners of big programs are such retarded... truly sad

Hopefully that's coming from someone who doesn't call English their first language.

Shap 03-02-2009 05:39 PM

Quote:

Originally Posted by fris (Post 15574091)
hardsextube has some nice converting traffic

They must. I notice you've been defending them like you own them :winkwink:

JaneB 03-02-2009 05:41 PM

Quote:

Originally Posted by Shap (Post 15573899)
It amazes me how so many of you seem to be sitting around just waiting for something like this to happen to make your day. None of you know the full details of the situation and yet you all are instantly Trademark Lawyer and Business consultants informing me what a slimy shitty asshole business owner I am. Seriously with times as tough as they are how do any of you have that much time to devote to someone you do no business with?

Regarding the Trademark situation. I've been in this business for 10+ years. All of our success has been the result of our hard work from the ground up. Nothing was achieved by stealing or scamming anyone. I'm not interested in stealing people's traffic. I'm just following what multiple lawyers (and multiple law firms) have recommend I do. I don't know shit about trademark law. I leave that up to the lawyers and hope they are giving me good advice. That said I honestly believe there are a number of domains using the name sextube that did so without knowing about the sextube trademark and most likely just registered a domain to use. The had no intention of causing us harm. There are also a number of domains that are riding off the sextube trademark and surviving 100% on search engine traffic that is coming from sextube. We have to protect ourselves. In doing so some people are going to be pissed at us. I'm hoping we can resolve every situation so all parties come away happy.

It's very obvious nobody in this thread has ever dealt with me. You are all so quick to crucify us without even knowing the story. Anybody who knows me knows I'm not interested in hardsextube's traffic. I'm just interested in making sure my interests are protected.


I understand where you are coming from Shap. I just have an issue with you going after people, when you are doing the same exact thing. LightSpeed was just one example. What about the interests of the people you are fucking over?

Shap 03-02-2009 05:43 PM

Quote:

Originally Posted by JaneB (Post 15574107)
I understand where you are coming from Shap. I just have an issue with you going after people, when you are doing the same exact thing. LightSpeed was just one example. What about the interests of the people you are fucking over?

I'm not looking to hurt anyone's livelihood. Like I said I'd love to work resolutions where we all come out winners :winkwink:

Cyber Fucker 03-02-2009 05:45 PM

Quote:

Originally Posted by Shap (Post 15574096)
Hopefully that's coming from someone who doesn't call English their first language.

How did you figure out that? :)

JaneB 03-02-2009 05:46 PM

Quote:

Originally Posted by Shap (Post 15574108)
I'm not looking to hurt anyone's livelihood. Like I said I'd love to work resolutions where we all come out winners :winkwink:

You have always been a stand up man, so I hope that you can work things out to where everyone is happy. Also you may want to post yourself on this issue. Michael just seems to piss people off. :winkwink::thumbsup

Shap 03-02-2009 05:49 PM

Quote:

Originally Posted by JaneB (Post 15574122)
You have always been a stand up man, so I hope that you can work things out to where everyone is happy. Also you may want to post yourself on this issue. Michael just seems to piss people off. :winkwink::thumbsup

I know. Michael started getting the ad buys and went wild. He loves bringing in the money for us and gets carried away when something helps him do that.

hdkiller 03-02-2009 05:52 PM

Please shap hit me up on icq don't hide in the background!

chompers 03-02-2009 05:54 PM

HardSexTube rocks just got my monday Paris Hilton Fill in.

http://www.hardsextube.com/?search=paris+hilton

Sands 03-02-2009 05:56 PM

Quote:

Originally Posted by Shap (Post 15573998)
Vexes. I hate threads like this. That's just me. I hate when people don't think the world of us. So obviously this thread has ruined my day. The situation was spun completely out of control and has been interpreted 100% not what I was wanting. That's my own fault for letting that happen. Not much I can do.

That said threads like this are unfortunately usually good for business. The affiliates that are responsible for 80 to 90% of our sales are very close with us. Most of them are businessman that have been faced with the situation we are facing. They know it's no easy situation and you can't always be the good guy. We've never had a negative thread hurt our business. It just doesn't happen. The core of our sales and traffic is with people that don't care about what anonymous gfy folk think. They care about the $$$$ we make together and that's it. On the other hand today for some reason everybody that didn't know about SexTube and GayTube knows about it now and many of them are hitting Michael up for advertising buys.

They say no publicity is bad publicity. I hate bad publicity but when it comes to GFY I can honestly say that saying has been true for us.

Shap, I'm truely very sorry for my comments in this thread. Earlier I pointed out that you advertise on a copyright-infringing tube site, http://www.tnaflix.com, but your employee pointed out that it was an affiliate. I should have known that you'd, never, ever, ever advertise on a tube site that profited from copyright infringement. Not even Youporn.

Also, I can tell you're pretty torn up about all this publicity you're getting, and how you're getting such a raw deal with your lawyers advising you to take a domain/site that benefits from search terms that your own site can't rank in the top three for. It's hard, I know.

And even though you put up a brave front here on GFY, I know you're wiping your tears away with 100 dollar bills while bitter-sweetly enjoying that tropical sunset and lamenting your decision to get into the adult industry in the first place. I feel your pain.

If you need someone to talk to, I'm always at my computer working tirelessly to develop sites on domains that maybe one day your legal team will advise you to take too.

My ICQ number is 418194907.

Ethersync 03-02-2009 05:56 PM

Quote:

Originally Posted by Shap (Post 15574098)
They must. I notice you've been defending them like you own them :winkwink:

Defending them? Damn you are arrogant. Your site only recently became a tube site. You make it sound like hardsextube.com was trying to rip off your established brand.

BTW, your lawyers sure are going to be busy. You have a lot of sites to threaten/sue:
http://www.google.com/search?hl=en&s...22&btnG=Search

Va2k 03-02-2009 05:58 PM

Quote:

Originally Posted by Sands (Post 15574153)
Shap, I'm truely very sorry for my comments in this thread. Earlier I pointed out that you advertise on a copyright-infringing tube site, http://www.tnaflix.com, but your employee pointed out that it was an affiliate. I should have known that you'd, never, ever, ever advertise on a tube site that profited from copyright infringement. Not even Youporn.

Also, I can tell you're pretty torn up about all this publicity you're getting, and how you're getting such a raw deal with your lawyers advising you to take a domain/site that benefits from search terms that your own site can't rank in the top three for. It's hard, I know.

And even though you put up a brave front here on GFY, I know you're wiping your tears away with 100 dollar bills while bitter-sweetly enjoying that tropical sunset and lamenting your decision to get into the adult industry in the first place. I feel your pain.

If you need someone to talk to, I'm always at my computer working tirelessly to develop sites on domains that maybe one day your legal team will advise you to take too.

My ICQ number is 418194907.

big ass pussy :disgust :2 cents:

count of monte cristo 03-02-2009 05:59 PM

shap, youve been pretty forthcoming and have had some amazingly reasonable/practical responses, let me ax you this, its a tough one.

you seem to have lightspeed domains on your server. i assume you are or were an affiliate of lightspeed at one point and the reason you bought them was to send affiliate traffic to lightspeed. this makes sense

did you approach lightspeed to first get permission to register them before you did so?

Shap 03-02-2009 06:01 PM

Quote:

Originally Posted by hdkiller (Post 15574137)
Please shap hit me up on icq don't hide in the background!

Just hit you up

SmokeyTheBear 03-02-2009 06:01 PM

cmon now shap , you regged the trademark before you used the site as a "sex tube " site, infact it wasnt until years later when others started using tubes that you regged it. You regged it so you could have a generic trademark, now you are attempting to strongarm the domain someone else regged and used before your site even had wings.

Your trying to protect something that didnt even exist when he started his site ? The whole reason to protect it would be so people dont mistake his site for being part of your netword via the name. you know this wont happen because the name is to generic.

Pretty snipey if you ask me, of course a lawyer will tell you to go for it , he make money either way , he cant lose. A lawyer would tell you to cutoff your dying moher if you asked him how far you could extend your legal rights while saving money.

Sometimes its not just about the $$ at the end of the day

Due 03-02-2009 06:01 PM

I sale short ICQ for trademark Tubes :thumbsup

WarChild 03-02-2009 06:04 PM

HardSexTube does indeed have some good traffic and I'm hoping he doesn't lose any of it. He seems like a good guy that worked hard to build his site up. I'm quite sure he nevered intended to steal anything from Twistys either. I hope this ends up resolved with everyone happy about the outcome.

Shap 03-02-2009 06:06 PM

Quote:

Originally Posted by count of monte cristo (Post 15574165)
shap, youve been pretty forthcoming and have had some amazingly reasonable/practical responses, let me ax you this, its a tough one.

you seem to have lightspeed domains on your server. i assume you are or were an affiliate of lightspeed at one point and the reason you bought them was to send affiliate traffic to lightspeed. this makes sense

did you approach lightspeed to first get permission to register them before you did so?

No I did not ask for permission. We bought a few lightspeed domains many years ago. We always sent to them as an affiliate. We did quite well with it and obviously Steve came knocking and told us to turn them over. So we did. I was pissed at the time because I was looking at it from my point of view. I knew he was right just didn't like turning over that income.

The Lightspeedcheerleaders domain was supposed to go to him as well. As I mentioned for some reason it wasn't transferred. Probably because it has no traffic.

Shap 03-02-2009 06:06 PM

Quote:

Originally Posted by WarChild (Post 15574182)
HardSexTube does indeed have some good traffic and I'm hoping he doesn't lose any of it. He seems like a good guy that worked hard to build his site up. I'm quite sure he nevered intended to steal anything from Twistys either. I hope this ends up resolved with everyone happy about the outcome.

I believe it will be :thumbsup

Shap 03-02-2009 06:08 PM

Quote:

Originally Posted by SmokeyTheBear (Post 15574174)
cmon now shap , you regged the trademark before you used the site as a "sex tube " site, infact it wasnt until years later when others started using tubes that you regged it. You regged it so you could have a generic trademark, now you are attempting to strongarm the domain someone else regged and used before your site even had wings.

Your trying to protect something that didnt even exist when he started his site ? The whole reason to protect it would be so people dont mistake his site for being part of your netword via the name. you know this wont happen because the name is to generic.

Pretty snipey if you ask me, of course a lawyer will tell you to go for it , he make money either way , he cant lose. A lawyer would tell you to cutoff your dying moher if you asked him how far you could extend your legal rights while saving money.

Sometimes its not just about the $$ at the end of the day

We registered the trademark because we had plans to invest a lot of money and time into the domain. That is the reason we got the trademark. Same thing we do for every major project of ours.

hdkiller 03-02-2009 06:09 PM

Quote:

Originally Posted by chompers (Post 15574148)
HardSexTube rocks just got my monday Paris Hilton Fill in.

http://www.hardsextube.com/?search=paris+hilton

Never got a mail from the Hilton family, evil publicity, hah home made porn is legal, law is evil too... isnt?, a noname canadian company tryin' to scam me for a few millions of dollars... o really? hah! pLAYin' hard hah isn't? letz create more drama (fordced 13375p34K...), affiliates wanna drop links?... supporting farmers in canada? Sir, did you shot your foot?


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