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wootpr0n 07-23-2009 12:45 AM

Quote:

Originally Posted by pocketkangaroo (Post 16096269)
A lot of the tube sites have content of girls that look very young. Maybe it's legal, maybe it's not. But a few thousand reports to the FBI and whatever the enforcement agency in Canada is could stir up some trouble.

Then again, if you really wanted to play dirty and just didn't give a fuck how, a few full-time Russians to constantly DDOS would make their lives hell.

Both of these are illegal.

"A few thousand" false reports to the FBI will put you in jail. Plus, they will notice that something is up.

Phil 07-23-2009 12:46 AM

Quote:

Originally Posted by SleazyDream (Post 16096306)
here you can only appeal ONCE (costs the same as filing - $30) - and you only have 30 days to do it. then an appeal goes same as any other trial - to a higher court and that can only go so high and will cost the defendant HUGE legal fees

You can listen to old fool ... but there but if you lose in my state, you have to post double to appeal. State of Texas. But what do I know… Listen to the village idiot on the bike…

SleazyDream 07-23-2009 12:47 AM

baddog - think about it - suing for money one thing, suing to get their URL, me thinks anyone paying legal fees for this will avoid stealing your content in the future.

and screw the lawyer, who cares if you fail, it's small claims, they can't sue you back for more than $100 in legal fees here.

it's about PUNISHING them with their OWN lawyer fees - tehe

Phil 07-23-2009 12:47 AM

Quote:

Originally Posted by SleazyDream (Post 16096315)
i havn't caught them stealing any of my content.

if I do catch someone doign that - i'll sue and see what happens :thumbsup

do you have any content?

SleazyDream 07-23-2009 12:49 AM

Quote:

Originally Posted by CAMOKAT (Post 16096330)
You can listen to old fool ... but there but if you lose in my state, you have to post double to appeal. State of Texas. But what do I know? Listen to the village idiot on the bike?

laws are often different in different areas

wootpr0n 07-23-2009 12:50 AM

100 of you idiots have posted, and not one of you have realized that this entire "plan" is completely fucked up.

Copyright law is FEDERAL. So you can't even file a lawsuit in small claims court alleging copyright infringement; you must file it in a federal district court.

Plus you have to get copyright registration FIRST. Most of you do not actually obtain registrations from the US Copyright office. So now you will have to do this, AND THEN file the lawsuit, and YOU WILL STILL BE LIMITED to actual damages, and cannot recover attorneys fees, because you did not have copyright registration at the time of infringement.

So the Court won't be looking at just the facts anymore; they will have to ask "is this copyright infringement?" And if it is, then how much damage did it actually cause you?

And if you want to file a lawsuit in Canada, you will have to do so in Court of Queens Bench.

Now a whole bunch of you are going to give me idiot replies because you don't want to face reality, so I will say FUCK YOU ALL in advance.

SleazyDream 07-23-2009 12:51 AM

Quote:

Originally Posted by CAMOKAT (Post 16096334)
do you have any content?

what's content?

I'm an assistant janitor. :thumbsup

SleazyDream 07-23-2009 12:52 AM

Quote:

Originally Posted by wootpr0n (Post 16096339)
100 of you idiots have posted, and not one of you have realized that this entire "plan" is completely fucked up.

Copyright law is FEDERAL. So you can't even file a lawsuit in small claims court alleging copyright infringement; you must file it in a federal district court.

Plus you have to get copyright registration FIRST. Most of you do not actually obtain registrations from the US Copyright office. So now you will have to do this, AND THEN file the lawsuit, and YOU WILL STILL BE LIMITED to actual damages, and cannot recover attorneys fees, because you did not have copyright registration at the time of infringement.

So the Court won't be looking at just the facts anymore; they will have to ask "is this copyright infringement?" And if it is, then how much damage did it actually cause you?

And if you want to file a lawsuit in Canada, you will have to do so in Court of Queens Bench.

Now a whole bunch of you are going to give me idiot replies because you don't want to face reality, so I will say FUCK YOU ALL in advance.

i don't agree.

I'm filing for unpaid account if someone steals my content. If I see it on another site I mail an invoice and try and collect.

if they don't pay, I sue for collection.


oh yeah, IDIOT.

Phil 07-23-2009 12:54 AM

Quote:

Originally Posted by SleazyDream (Post 16096333)
baddog - think about it - suing for money one thing, suing to get their URL, me thinks anyone paying legal fees for this will avoid stealing your content in the future.

and screw the lawyer, who cares if you fail, it's small claims, they can't sue you back for more than $100 in legal fees here.

it's about PUNISHING them with their OWN lawyer fees - tehe

You don’t fucking get it. It would cost you a lot more to file the “second” motion. Those guys won’t move an Inch for small claims court note. Im done with you idiots. Have fun..

SleazyDream 07-23-2009 12:55 AM

Quote:

Originally Posted by CAMOKAT (Post 16096348)
You don?t fucking get it. It would cost you a lot more to file the ?second? motion. Those guys won?t move an Inch for small claims court note. Im done with you idiots. Have fun..

all lawyers are afraid of small claims court :2 cents:

wootpr0n 07-23-2009 12:55 AM

Quote:

Originally Posted by SleazyDream (Post 16096346)
i don't agree.

I'm filing for unpaid account if someone steals my content. If I see it one another site I mail an invoice and try and collect.

if they don't pay, I sue for collection.


oh yeah, IDIOT.

You don't have a contract with them. So you can't invoice them for something that they haven't agreed to buy. And then you can't sue them for not having paid an invoice that is invalid.

IDIOT.

SleazyDream 07-23-2009 12:58 AM

Quote:

Originally Posted by wootpr0n (Post 16096354)
You don't have a contract with them. So you can't invoice them for something that they haven't agreed to buy. And then you can't sue them for not having paid an invoice that is invalid.

IDIOT.

if my property is on their site I do or it's theft.

been though something similar in small claims mainstream wise. what i saw was judges don't like theives.


guys- it CAN be done. it doesn't require a million dollars and a huge lawyer. it requires some thinking....

if you fail, you think it though and sue again on another occurance.

small claims can crush a tube if they are stealing your content. it just requires someone to go after them. :2 cents:

SleazyDream 07-23-2009 01:00 AM

Quote:

Originally Posted by wootpr0n (Post 16096354)
You don't have a contract with them. So you can't invoice them for something that they haven't agreed to buy. And then you can't sue them for not having paid an invoice that is invalid.

IDIOT.


basically it's theft but I monetize it. :2 cents:

that works in court.

idiot

SleazyDream 07-23-2009 01:02 AM

here's a better way to think about it

sue for $500 or $1000 an occurance. the tube's LEGAL fees will be more than that to defend themself, so they let it go. if you get a judgement they have to pay or it's asset digging time including the url... so it's PAY ME or pay your lawyer 3 to 4 times.

and then sue seperatly for every occurance and get different court dates on all of them

JFK 07-23-2009 04:01 AM

Quote:

Originally Posted by SleazyDream (Post 16095810)
In Canada with a judgement from small claims u can seize assets, raid bank accounts, etc. It's a legal judgement.

YES, I belive that is the case:2 cents:

papagmp 07-23-2009 05:33 AM

It took me a bit to read through all this confusion and I'm still not sure if it's a good idea or not. I do, however, know that it’s about time we did something to protect our creative works and brainstorming ideas is a critical step in the process. Bravo to Sleazy for at least voicing his thoughts.

I also know that I would never take legal advice from someone that claims to have a "Business Information System undergrad degree", and also claims to have attended 2 and 1/2 years of law school, that can’t (or won’t) formulate a sentence properly and can’t (or won’t) get simple things like subject verb agreement correct. I’ll forgive the lack of caps and maybe even an occasional spelling error, as long as it doesn’t alter the meaning, but damn, take a look at this man’s butchering of the English Language. Would you want this person representing you in front of a judge?

So - you want examples?

Quote:

Originally Posted by CAMOKAT (Post 16095805)
small claims court won't work. All you can do is hire collection agency after and all they can do is call up the guy and ask to up. They cant go after his property.

Small claims court won't work. All you can do is hire a collection agency after (go after what?) and all they (who is "they") can do is call up the guy (who is "the guy") and ask to up (I'm guessing that you meant 'ask him to pay up'. They (again, who is 'they") cant go after his property.

And just like Canada has different laws than your local, every stat has different laws. So making a statement that one can't go after property, without proper supporting proof, detracts greatly from your creditability.


Quote:

Originally Posted by CAMOKAT (Post 16095837)
yes it is. Just winning (in) small slaims (court) doesn't meat a thing. You would have to file (a) request of what you want to (and) attach (it) to (the) lien which he (who is this?) can dispute, they (the plaintiff, the defendant, the attorneys, the court.....?) ca file for (a) change of venue etc... not that easy..

Quote:

Originally Posted by CAMOKAT (Post 16095851)
No you don't. You will have to RTAO (never us an acronym without introducing it first) to go after assests. Trust me.

Quote:

Originally Posted by CAMOKAT (Post 16095854)
Jesus fucking christ. I went to law school for 2 1/2 years, I know what Im talking about.

Quote:

Originally Posted by CAMOKAT (Post 16095872)
Sleazy, I don’t know how its in Canada but here (an) attorney can file (a) motion for “change of venue” and you will have to fly your ass to some place called Poland Springs, Maine(,) with (a) population of 150, for every court meeting. And there can be MAAAANY of those to fly to…

Damn - without the corrections, I'd think I was talking to a third grader.

Quote:

Originally Posted by CAMOKAT (Post 16095898)
Oh Sleezy, I didn’t fail, I just quit when I foud out whats waiting for me. I was shooting for Corporate Law, but then I saw what people like me do after graduation for (the) next 10 years(,) besides filling up coffee pots and running copy machine(s) business.. Instead I took 80K expat (is this ex-patriot) job I (to?) SE Asia with (an) oil company and left the law program. Thank god for that Business Information System undergrad degree I had.. Maybe if I went to Harward law it would have been different, but I just did it in Texas at SMU.

This paragraph alone is enough to convince me that this man would never be an attorney that I would allow to represent me. Even if he had finished school.

Quote:

Originally Posted by CAMOKAT (Post 16095939)
Its 4+ years for work-and-study students… Please tell me “Oh but in Canada…”… I do give 3 shits about how its in “Eh Canada”…

You should - the more one knows about how things work in different states and countries, the better prepared we will be to fight the problem of intellectual property theft.

Quote:

Originally Posted by CAMOKAT (Post 16095947)
:1orglaugh:1orglaugh:1orglaugh

just like that eh? But in Canada we just club the seal... You do realize how many "ifs" there is and each one has its own legal issues?

Seals.... unless he's going to club the official seal of the court. Or he's lazy and just wants one seal. LOL

Quote:

Originally Posted by CAMOKAT (Post 16095962)
Small claims rarely award punitive damages because of its limitations. They’ll just tell you to take it to upper courts. Small claims is like (a) traffic ticket line. Each person gets 3 miutes, and bam the judgment. To appeal you have to double the amount of what you’re suing for.. Ohhh wait , but in fucking Canada we bring out per husky, hockey stick and 1972 picture of team Canada to prove we’re right…

Again, you assume that all US jurisdictions are the same as yours. And part of me has this feeling that a hockey stick may just be what's needed at this point :winkwink:

Quote:

Originally Posted by CAMOKAT (Post 16095963)
semd it to your moms house. Im there right now.

I'll bet his mom was severely disappointed. And I'm sure this argument would do well in front of a judge.

Quote:

Originally Posted by CAMOKAT (Post 16095975)
At least they took me in… What grade did you get kicked out of in oh Canada.. Keep me updated on you efforts.. I want to see how you secretary does in US courts. Don’t forget to tell he that best argument is the one that starts with “ Oh, But in Canada….” Good luck, chubby cheeks.

I was trying to help uou out, my delusional Canadian webmaster…

I'm putting my money on the secretary if she's going against you.

Quote:

Originally Posted by CAMOKAT (Post 16095981)
I know its not. Its sleezy. Big mouth, big ass, big talk… Small penis …

Judges love it when defendants resort to this defense. Again, I don't think you'll get any recommendations from me.

Quote:

Originally Posted by CAMOKAT (Post 16095982)
You’re 100% right.. But hey, in Canadaaaaaaaaa….. We all should know wtf is going in Canaaaaaaadaaaaa…

Quote:

Originally Posted by CAMOKAT (Post 16096039)
BA in basket weaving? BA means shit. My friend graduated with Pottery Design degree. Hes selling suites in Dillards now.

A BA in basket weaving required at least 6 semester hours of English - more than you've demonstrated in your posts.

Quote:

Originally Posted by CAMOKAT (Post 16096060)
Oh, my original degree was in Finance. It was all fun in my early years. Making dart board mutual funds, playing stock.. Then I get to my senior year and realize that my best shot is to sell life insurance to old gizzards like serge. One summer internship with Principal Financial and I switched my majors to BIS (business information systems). Best thing I ever done. Altho I do hate mainframe programig more than anything else in my life...

PS: I chose to fail... You never tried.. thats the difference. :1orglaugh

Quote of the day


Quote:

Originally Posted by CAMOKAT (Post 16096063)
Im going to a swim.. good night sleezy..

For Christ sake, it's "I'm going for a swim", not "I'm going to a swim".

Quote:

Originally Posted by CAMOKAT (Post 16096183)
pfft... been swiming before I learned how to walk. Russian national JR team 1986. I was doing 100 meter freestyle with 10 y.o. when I was in first grade.

Now there's an interesting little tidbit - makes me wonder what his affection with "Tejano" is? Let's see, in 1986, I was stationed in Germany keeping the Russians from invading Western Europe and he was swimming on the Russian national JR (swim) team. And now he's telling me he went to law school in Texas. If it smells like shit.........

Quote:

Originally Posted by CAMOKAT (Post 16096260)
Feel free to fuck off or actually read or talk to couple of legal entities. Every village has its own idiot. GFY has you…

Yes - and GFY has you.

Quote:

Originally Posted by CAMOKAT (Post 16096330)
You can listen to old fool ... but there but if you lose in my state, you have to post double to appeal. State of Texas. But what do I know… Listen to the village idiot on the bike…

"My State"? - let me see your papers.

Quote:

Originally Posted by CAMOKAT (Post 16096348)
You don’t fucking get it. It would cost you a lot more to file the “second” motion. Those guys won’t move an Inch for small claims court note. Im done with you idiots. Have fun..

I think he gets it, but I'm not sure you do.


Bottom line, if this person graduated from any school, including high school, the school should be ashamed of itself for allowing such an imbecile to graduate.



Oh - and thanks SleazyDreams for exploring new angles, someday we'll win this battle.

papagmp 07-23-2009 05:38 AM

I think I want blind making that last post. Time for bed.

Phil 07-23-2009 06:47 AM

Quote:

Originally Posted by papagmp (Post 16096753)
It took me a bit to read through all this confusion and I'm still not sure if it's a good idea or not. I do, however, know that it’s about time we did something to protect our creative works and brainstorming ideas is a critical step in the process. Bravo to Sleazy for at least voicing his thoughts.

I also know that I would never take legal advice from someone that claims to have a "Business Information System undergrad degree", and also claims to have attended 2 and 1/2 years of law school, that can’t (or won’t) formulate a sentence properly and can’t (or won’t) get simple things like subject verb agreement correct. I’ll forgive the lack of caps and maybe even an occasional spelling error, as long as it doesn’t alter the meaning, but damn, take a look at this man’s butchering of the English Language. Would you want this person representing you in front of a judge?

So - you want examples?



Small claims court won't work. All you can do is hire a collection agency after (go after what?) and all they (who is "they") can do is call up the guy (who is "the guy") and ask to up (I'm guessing that you meant 'ask him to pay up'. They (again, who is 'they") cant go after his property.

And just like Canada has different laws than your local, every stat has different laws. So making a statement that one can't go after property, without proper supporting proof, detracts greatly from your creditability.










Damn - without the corrections, I'd think I was talking to a third grader.



This paragraph alone is enough to convince me that this man would never be an attorney that I would allow to represent me. Even if he had finished school.



You should - the more one knows about how things work in different states and countries, the better prepared we will be to fight the problem of intellectual property theft.



Seals.... unless he's going to club the official seal of the court. Or he's lazy and just wants one seal. LOL



Again, you assume that all US jurisdictions are the same as yours. And part of me has this feeling that a hockey stick may just be what's needed at this point :winkwink:



I'll bet his mom was severely disappointed. And I'm sure this argument would do well in front of a judge.



I'm putting my money on the secretary if she's going against you.



Judges love it when defendants resort to this defense. Again, I don't think you'll get any recommendations from me.





A BA in basket weaving required at least 6 semester hours of English - more than you've demonstrated in your posts.



Quote of the day




For Christ sake, it's "I'm going for a swim", not "I'm going to a swim".



Now there's an interesting little tidbit - makes me wonder what his affection with "Tejano" is? Let's see, in 1986, I was stationed in Germany keeping the Russians from invading Western Europe and he was swimming on the Russian national JR (swim) team. And now he's telling me he went to law school in Texas. If it smells like shit.........



Yes - and GFY has you.



"My State"? - let me see your papers.



I think he gets it, but I'm not sure you do.


Bottom line, if this person graduated from any school, including high school, the school should be ashamed of itself for allowing such an imbecile to graduate.



Oh - and thanks SleazyDreams for exploring new angles, someday we'll win this battle.

Now that you have corrected all of my typos did your little pee-pee grew an inch or two?

PS: PS: I was 12 when I was in Russia, numbnut. I said JR team. Moved to the States 20 years ago.

check your pants for shit smell. You probably have problems holding bowel movements

papagmp 07-23-2009 06:53 AM

Quote:

Originally Posted by CAMOKAT (Post 16096935)
Now that you have corrected all of my typos did your little pee-pee grew an inch or two?

PS: PS: I was 12 when I was in Russia, numbnut. I said JR team. Moved to the States 20 years ago.

check your pants for shit smell. You probably have problems holding bowel movements

:1orglaugh:1orglaugh:1orglaugh

Phil 07-23-2009 06:54 AM

Quote:

Originally Posted by papagmp (Post 16096763)
I think I want blind making that last post. Time for bed.

You "want" blind? :1orglaugh:1orglaugh:1orglaugh:1orglaugh

What regiment of US forces were you in? The “fucking dumb and stupid” 101 brigade?

Phil 07-23-2009 07:18 AM

So where did spelling police go? Fucking douchebag…. :1orglaugh:1orglaugh:1orglaugh

you go thru all that shit and then fuck up on very ext post. Bravo, asshole.... You win a medal...

mb 07-23-2009 07:32 AM

What if someone put together a FUND that any and all webmasters could contribute to for the sake of fighting a handful of the largest tubes? Much easier to take on a huge task like this in the courts if you have the money and support of thousands.

Really no excuse for most webmasters not to contribute something to this. Big programs will contribute more, small webmasters may contribute $10.

Just a thought.

Has some power if you can show thousands of signatures contributing to clean something up.

marc

baddog 07-23-2009 08:26 AM

Quote:

Originally Posted by SleazyDream (Post 16096333)
baddog - think about it - suing for money one thing, suing to get their URL, me thinks anyone paying legal fees for this will avoid stealing your content in the future.


Maybe in Canada. Doesn't work like that here. That is why I suggested start a coalition of Canadians to do this.

Quote:

Originally Posted by SleazyDream (Post 16096350)
all lawyers are afraid of small claims court :2 cents:

Maybe in Canada.

SleazyDream 07-23-2009 10:22 AM

i'm getting some ANGRY icqs from tube owners...

seems I may have something here............

SleazyDream 07-23-2009 10:25 AM

Quote:

Originally Posted by wootpr0n (Post 16096354)
You don't have a contract with them. So you can't invoice them for something that they haven't agreed to buy. And then you can't sue them for not having paid an invoice that is invalid.

IDIOT.

yes, you can.

it's theft, and I'm being reasonable by invoicing them so settle out of court.

SleazyDream 07-23-2009 10:28 AM

here's something the tube lover's arn't realizing.


you can sue for ANYTHING. doesn't have to be right.

and if they don't show up, you can get a default judgment.

micro, not marco.

big porn companies arn't made on big deals - only MORONS think that. they're made on 10s of thousands of small affilate accounts.

if everyone spent $30 to file a small claims lawsuit for $500 whenever content was stolen, tube theives would be crushed.

WarChild 07-23-2009 10:29 AM

Quote:

Originally Posted by SleazyDream (Post 16097657)
yes, you can.

it's theft, and I'm being reasonable by invoicing them so settle out of court.

But theft is criminal. Wouldn't you need to sue for breach of contract, one you don't have by the way, in small claims court?

It doesn't much matter really if this idea would or could work because it relies on getting hundreds of webmasters to persue it at once. We all know that will never happen.

SleazyDream 07-23-2009 10:31 AM

Quote:

Originally Posted by WarChild (Post 16097679)
But theft is criminal. Wouldn't you need to sue for breach of contract, one you don't have by the way, in small claims court?

It doesn't much matter really if this idea would or could work because it relies on getting hundreds of webmasters to persue it at once. We all know that will never happen.

criminal is seperate, criminal that costs you money is also tried on same incident for civil. example - OJ

not hundreds, it would probally work with 4-5.

i'm not investing $100,000k+ into a content theif. But i'm not against investing $100 and a half day of court sitting to fuck with someone

WarChild 07-23-2009 10:34 AM

Quote:

Originally Posted by SleazyDream (Post 16097696)
criminal is seperate, criminal that costs you money is also tried on same incident for civil. example - OJ

not hundreds, it would probally work with 4-5.

i'm not investing $100,000k+ into a content theif. But i'm not against investing $100 and a half day of court sitting to fuck with someone

Well I don't think the idea really has merrit. It'll be more interesting, I think, to see how Paolo and Kevin's lawsuit against redtube turns out. I however am not a lawyer and have been to 0 years of law school.

It would be interesting if chadknowslaw or pornlaw would come comment in this thread as they actually are lawyers and the rest of us are just guessing.

Dirty Dane 07-23-2009 10:49 AM

The key is to stress the owners so they have to moderate and (self)regulate. There are really no "safe" countries for hosting illegal content, if this is done worldwide. The paysites and producers should join and hire some to scan for illegal tubes. And take action from there. By organizing you have to pay something, but in the end that investments will benefit all.

Pleasurepays 07-23-2009 11:31 AM

the defendant can move the case out of small claims court and then proceed to make your life a living hell with serious counter claims.

tobephoto 07-23-2009 11:34 AM

Finally someone understands. It is VERY easy to win copyright lawsuites. It is VERY enforecable. Does not require an attorney. For some reason, in the US copyright infringment (theft) is more quick severe and enforecable that is you went and beat up someone on a crowded sidewalk, stole their wallet, in front of a crowd. With a good attorney you can get out of it. Not with copyright theft. I know!!!

WarChild 07-23-2009 11:37 AM

Quote:

Originally Posted by tobephoto (Post 16098034)
Finally someone understands. It is VERY easy to win copyright lawsuites. It is VERY enforecable. Does not require an attorney. For some reason, in the US copyright infringment (theft) is more quick severe and enforecable that is you went and beat up someone on a crowded sidewalk, stole their wallet, in front of a crowd. With a good attorney you can get out of it. Not with copyright theft. I know!!!

You really have no idea what you're talking about I'm afraid. I suggest you start by reading the DMCA and pay particular close attention to the safe harbour provision.

If it were so cut and dry easy to get copyright judgments against tubes, I assure you people would be going after them. Paolo and Kevin, two very smart people with large accomplishments spent considerable money investigating ways to go after Red Tube. They finally had to settle on going after them for unfair competition because the copyright approach is just so difficult especially in light of the DMCA. It appears their case was thrown out today anyway.

Pleasurepays 07-23-2009 11:48 AM

Quote:

Originally Posted by WarChild (Post 16097723)
Well I don't think the idea really has merrit. It'll be more interesting, I think, to see how Paolo and Kevin's lawsuit against redtube turns out. I however am not a lawyer and have been to 0 years of law school.

It would be interesting if chadknowslaw or pornlaw would come comment in this thread as they actually are lawyers and the rest of us are just guessing.

you absolutely, 100% can't do this in the US. the defendant can move the case out of small claims court and thrust you right into the big time with counter claims and suddenly you're the one who needs a 500.00 an hour attorney. the legal system here is set up for attorneys to win 99% of the time. there is rarely any other type of winner.

as that was said in A Civil Action ...something to the effect that "civil law is about spending money to make the other guy spend money. you both spend money hoping to pressure the other into caving and the first person that comes to his senses.... loses"

:2 cents:

woj 07-23-2009 12:22 PM

Great strategy, except one minor detail. you have to file a lawsuit where the defendant lives...
So you pay $100 for filling fees + another $400 or more to fly over there to show up to court, etc...
End result is you pissed away $500 and few hours of your time to arrange the whole thing... and what exactly did you accomplish?


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