Forum - View topicNEWS: Japanese Panel Pushes Ban on Illegal Downloads Forward
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Steel Angel
Posts: 274 Location: Texas |
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I love this one. Can said data be transfered to a disk or other media storage? Yep, guess what, even being put on a hard drive has just been given a physical form. Want to argue that, how bout i take a magnet to something "non tangible" and see what happens to it. Bytes despite popular opinion are tangible, there are just very many ways of storing such property. If the argument is that such things are not tangible, then go nuke your hard drive or other media storage devices and show me just how non tangible they are. If it can break, that means it is tangible, and is physical property. If you didn't pay for whats on that property, then it is stolen property. It is simply mind boggling how many people will try to defend, justify, talk around, word play, beat around the bush, create and misuse euphemism and do anything but admit what they are doing is not only stealing, but is with out question wrong and in violation of rights of those whom worked to create such works of artistic merit. And on a final note, no, I do not think every law is moral and just. However, stealing, tanking with out permission, taking with out consent or any other word play you want to use is wrong, and immoral. It's one of the reasons every country on the planet has laws against such. If you wanted to argue "if everyone thinks the law is wrong it should be changed". Sorry it doesn't hold water, considering every nation, province or territory has laws that forbid exactly what your trying to argue, that being stealing/theft. |
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Xanas
Posts: 2058 |
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You are beating around the bush as well with comments like this. If I do this to my hard drive it only gets rid of the copy from that hard drive. It doesn't remove the copy from someone elses hard drive or from the internet or anywhere else. No one here has said that copies aren't represented in some form or fashion physically, but they are represented in an extremely abstract manner that does not cause other copies to exist in any lesser form or fashion.
This statement makes little sense. Lets take the example of homosexuality again. If you believe that it is OK to be homosexual does that mean you have "no morals" on that subject? If you don't have a problem with homosexuality, is it then wrong for you to take a position against laws that violate the freedom of homosexuals? This seems to be what you are indicating. You are saying that if we believe something is OK, we cannot disagree with laws proposed by those that think the activity is not OK. This is exactly what you are saying above.
You are correct that this is what companies like Gonzo say, based on the laws of the land. I do not deny this in the least. You are also right that I "ignore" the rights. I ignore them because i don't believe they exist outside of government construct. I don't believe that copyright is the same as inalienable rights. I don't believe that copyright is "ownership" either. While Gonzo may believe that they should own something and have a right to choose what people do with it I disagree. I agree with copyright insofar as it is about commercial distribution, but beyond that I disagree with it. And yes, because I disagree with it I ignore it. This is not wordplay, this is a difference of opinion. Because I lack your core beliefs about "inalienable copyright" I don't agree with your position. This is totally about a difference of axioms and core beliefs. My reasoning is consistent with my beliefs. The reason you think I am playing a game with my words is that my reasoning is not consistent with your beliefs.
This is the purpose of the law. This is exactly why I don't believe in copyright as it currently exists. I see copyright in it's present form as an agent which will make it necessary to dispose of other people's rights. Look at the present situation. In order to enforce copyright what have we done. 1) We have created laws like the DMCA which restrict the devices, operating systems, and software one can legally use to play media. 2) We are thinking of going on to create laws which require monitoring of every individuals activity on the internet (like this one). This is just the tip of the iceberg, but right off the top we just decided that people should be monitored on the internet and that they shouldn't be able to create backups of their media or use it on their device of choice in order to "protect copyright." So in order to protect the rights of one party, we got rid of the rights of everyone else. Now, you might say these freedoms aren't a big deal, but who is to say in the future the companies do not push for further laws which provide them more control. Lets say in the future they don't want you to be able to buy a copy of media anymore so everything is just a streaming pay-per-view device. Is everyone ok with that? Copyright as it exists in many people's minds today believe that authors should be able to do exactly that if they so desire. And this is the reason I believe it's so wrong. I agree with you that authors/animators need to be paid, but there are multiple ways to accomplish that. Obviously, sales of some kind of product (physical or digital, subscription or permanent) will be necessary to do this. I don't deny that. This is why I support copyright insofar as it is about eliminating bootlegs which definitely take money from those responsible for actually making the original content. However, going after free distribution is entirely different. That is totally based on the person downloading. Some do not have the money to pay. Others use it as a method of sampling. Others use it simply because it's faster. Yes it's true that some money is lost because people will choose not to pay because they will get it free, but these people generally do not value the thing they are downloading as much as other things that they want. In other words, they probably would have spent the money elsewhere anyway. Even if I were to believe that the content industry gets less than it's fair share of money I'd say there are better solutions than modern copyright law. How about providing taxes or service fees that are forwarded to the content industry in proportion to download traffic? (Similar to how the RIAA is paid some money when blank cds are purchased). There are all kinds of possibilities for this that aren't restrictive on individual people and don't require draconian tactics. What we have now screws over the lives of the few individuals who get caught (eg single mother who was fined 200k recently for sharing a few songs), and is hardly punishment equal to the crime. What we have now is clearly unenforceable on the whole, and likely to cause a cyber war if we keep going at this rate. How many more laws and restrictions are you willing to accept to protect this government-granted monopoly? On the topic of fair share though, does everyone think content companies CEO's, artists, authors, etc. are paid too little in proportion to the rest of society? In some cases I might agree (like with anime) but in others that's a really really hard line to buy. |
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Steel Angel
Posts: 274 Location: Texas |
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But it still doesnt mean a theft didn't occur, in other words it is still theft.
Again dodging the subject matter by changing the subject to something that has no basis or even a minor similarity to it. Quit evading what was said. Yes or no... Can you bring up morality about a specific subject, when you have no moral opinion on the subject because you have been immoral in actions concerning said subject. This is a yes or no answer, there is no gray area.
In other words if someone disagrees that you are stealing from them, then they must be wrong because you don't see it that way and thats all there is to it. It's a difference of knowing right from wrong. How bout i ask it point blank then: Is stealing a good thing, or a desirable trait or action? Yes or no will suffice. Don't give me some beat around the bush answer, yes or no..period.
Priceless, boldfaced for sheer hypocrisy. The bottom line is this: You don't want to see yourself as being a thief. In other words someone who has taken something that does not belong to them, nor did they pay for, nor did they get permission or consent from the rightful owner. Any argument that would show other wise (or argue that fact) is dismissed because of your own refusal to accept it for what it is, and that is far more disturbing then some others. It would be one thing if someone said "Yea, i download and hope i never get caught." Regardless of their reasons for such. At least they are able to admit it with out lying to themselves, which is far more then you're wiling to do. At least they aren't making excuses about it, and using words to disguise the truth about their inability to accept what they are doing openly. |
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samuelp
Industry Insider
Posts: 2231 Location: San Antonio, USA |
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This recent argument gave me an idea for solving the overall problem of copyright in the digital age:
Everyone simply needs to only create new works that exist as quantum mechanical states. A quantum state will automatically degrade into a classical one (state collapse) the moment it is observed in any way, thus, by attempting to copy it you ALWAYS destroy the original copy. (The same concept used for Quantum Cryptography One drawback: All new creative works can be no bigger than about the width of a few atoms, or entanglement with the environment will render them approximately classical.[/url] |
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CCSYueh
Posts: 2707 Location: San Diego, CA |
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So Japan is simply moving in line with other countries like the US, thus the law is inevitable, particularly when we also see Japan is planning on spending about 150 million yen promoting anime in other countries. Anime is becoming a valuable export, something that needs to be protected as a resource so Japan is seeing the need to join the pack.
OK. Gonzo made it. They paid for the artists, They paid the voice actors. Doesn't that signify ownership in most instances? How do you have any ownership of one of their anime? Some Fansubber posted it? How did that fansubber gain ownership? Did they get permission from the owner? Did they pay the owner anything? |
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Dargonxtc
Posts: 4463 Location: Nc5xd7+ スターダストの海洋 |
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Are you kidding? People throw a hissy fit even if free content has DRM. What your describing(assuming a more advanced state) is like DRM on steroids. I can see the riots now. |
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Xanas
Posts: 2058 |
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This is an irrational argument with a loaded question at the end. If I don't believe I'm stealing then how does my answer to this question matter? Anyway, no I don't believe stealing is a good thing. But my use of the word in this context should be taken purely to mean "taking from someone such that they no longer have it." Regardless of whether there is a magnetic image on my drive you cannot change the fact that this is simply not true of copying.
I must first accept that I have been immoral in order to answer your question as it concerns me. But actually, no I wouldn't agree with you even if I agreed that I were immoral. It doesn't make much sense when you consider that all humans are immoral in some way. You constantly say I believe others are wrong and I am right. LOL, that's obvious. Why argue if you don't believe you are correct? You aren't doing any differently here so the point makes little sense. You can drop it because I'll openly admit I believe I am right. I'd be an idiot to go on pointless discussions like this if I thought I were wrong... |
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samuelp
Industry Insider
Posts: 2231 Location: San Antonio, USA |
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Well, perhaps the way to look at it is that Quantum Mechanics is God's way of telling you he/she doesn't believe in ownership of anything. Most religions have a pretty strong sense of "God givith, and God taketh away". So companies with the same policy are just acting as God intends. (Or placing themselves as false idols, depending on your perspective ) |
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CCSYueh
Posts: 2707 Location: San Diego, CA |
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You didn't explain to me how you gained ownership of the anime you're downloading.
Hellsing Ultimate isn't made for tv. In Japan one is expected to buy one's copy. There are already laws (including criminal in the US) protecting the studio's rights & limiting the viewers. How does Gonzo making an anime, signing a contract with TBS or whoever to air XX number of eps for a specific period of time under existing laws that limit the viewer's rights to said property (usually home viewing/personal use) constitute your right to access said product? When does the ownership convert to the downloader? That's the point I'm missing. The viewers in the specific areas of the station's broadcast rance have the ability to make a copy for their personal use. How does putting subtitles on it & posting it on the net so thousands of strangers constitute home use? The copy the fansubber is using is even likely "stolen goods"-illicit property (If all the insistance that laws already make uploading illegal so if they were enforced the copies wouldn't be there to fansub is correct). Because I can understand an employer paying for one's work & that work becoming the owner's property. I don't understand how I could walk into a museum, snap a copy of several paintings & make an artbook without properly crediting the owners. If said owners said I couldn't use a picture, I can't put it in my book that's going to make me money. The owner of the art retains the ownership at all times. |
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Fallout2man
Posts: 274 Location: San Diego, CA |
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The point came to a boil near the end, my main argument was that copyright isn't a natural right and therefore does not deserve the same consideration as the rights of the people. It's my attempt to redirect the burden of proof to where I believe it should belong, which is on the companies to prove that copyright is necessary.
That's irrelevant to the argument at hand. The point is that the right to make money off of those titles, those ideas is not a natural right and therefore is not supposed to be considered under the same light. Just because an industry has sprang up around such things doesn't change that, if it's the interests of business versus the net benefit of the whole of society, society tends to win. I love my anime and want it to continue being made, but I can't deny the ultimate fact that no one is guaranteed a copyright in nature. It's a construct we created in our more modern societies and it was done in this country for a specifically stated purpose of fostering the arts and sciences. Therefore it exists for no other reason then that, and if it is failing to properly fulfill its stated purpose then that means it needs to be re-evaluated. Would that possibly be bad for some people? Yes, unfortunately in a capitalistic society the market can change drastically and some people may lose jobs because of changes in law/regulations or new technology, both of which are occurring right now and forcing people to rethink how they do business. This is a fact of life and as uncomfortable as it may be there's not much else we can do but try and make the transition as easy and painless as we can.
There's different moral justifications against taking physical goods and murder. If I murder someone I violate their natural right of living their life. If I take their chair or table I've violated their natural ownership of that property. Since these rights already naturally existed and all one is doing is agreeing to have an arbiter (government) enforce these pre-existing rights shown to be necessary for a functioning society, we do have a compelling reason to keep enforcing them and to at times take necessary precautions to make sure others aren't getting murdered or having their things taken. Copyright on the other hand, never existed in nature, it can only be created by an arbiter who gets all parties to agree to follow his special rules, much like a contract. I'd also like to add that I only said we may need to re-evaluate the law if that's the case, not abolish it. Just look critically at its costs versus benefits. I'd say there is a strong benefit to a functioning society from discouraging murder and putting murderers away.
The point though is that right is entirely a misnomer. Copyright is not an inalienable right and was never supposed to be. It's not natural and was not meant to exist. It's a mutant construct of the law we allow because it served a decent purpose in helping our society grow and prosper. I think we'll just have to agree to disagree on this.
If that's the case, then ask me this, why is copying a DVD's contents to my hard drive and sending it somewhere else illegal? If we're talking about only the physical representation of bytes counting then realistically all that'd matter is the bytes on that disk. Legally though when we buy a DVD we're not actually buying “bytes” we're buying the piece of plastic the movie was printed on and a license to view it. That strongly suggests of a higher form of idea that exists independent of the recording on either a disk or a hard drive. We may represent ideas on physical media but they exist independent of it. All ideas first and foremost exist in the minds of people and so long as they do can be infinitely reproducible and transferable. Even if you take a step further and say our memories are just electro-chemical encodings in our brain mass that doesn't invalidate the idea. Since the point is the concept of all these things can easily exist in all these forms independent of one another with little to no effort in moving them between them other then a mechanical one. This strongly suggests the idea of an idea existing as a primarily higher level concept independent of its implementation and therefore, its intangibility.
My hard drive is tangible, what's on it is not, and while I may mourn the loss of some files that were especially important to me, I'm smart enough to make backup copies of my important work. :p The data itself has no form it exists independently from all this. The hard drive is physical, the data is not and much of it exists in my mind. I may have some time consuming mechanical issues reproducing it, but I can if I really want to. It's just a matter of taking the time and effort, which I can whole heartedly say I'd rather not do.
Then you tell me, define for me why copyright is a natural and important right. Why is copyright necessary for the survival of human society? I've given you my take now so it'd be nice to hear yours.
I'd argue you're using word play just as much as I am. The whole stealing thing didn't even become popular until the RIAA/MPAA publicity campaigns came out with things like the ad I joked about in my last post. It's an appeal to emotion by using words with a charged negative connotation. There are a great many barbaric laws that at one time every nation on this earth had adopted. That doesn't make them right or just. Interestingly enough too, the reason many nations have copyright laws as strict as ours is because we carrot and stick them with our trade agreements. We tie in IP clauses to most of our trade treaties and that coerces other nations into adopting laws like ours because, hey, they want to trade with the USA, and not because they feel it's some moral imperative (otherwise they'd have already enacted the laws independently and not needed a trade agreement.) Just because something is popular or unpopular doesn't make it right or wrong, but it does at times ask for justification. I'd be interested very much in hearing why you believe copyright is so direly important to the future of human society. Last edited by Fallout2man on Mon Dec 24, 2007 3:25 pm; edited 1 time in total |
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Xanas
Posts: 2058 |
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CCSYueh, I didn't answer your question directly because the question assumes that I believe in the concept of ownership as it regards intangible things. I don't believe in the concept of ownership here, so the question is really something bound to your own core beliefs. I don't believe, as you do, that authors get "ownership" of something they create when they release it. I will agree they have a right to ask for money, and I'll agree they should be granted exclusive commercial distribution, but "ownership" in the sense that I own a car or a house? I absolutely don't believe that they should have that. Now I know from your perspective and others here everyone is thinking of how much money is "lost" when people download. This position is based on the assumption that authors deserve a monopoly right to copies and the sole right to determine who can distribute. Under current copyright law you are 100% right that this is what the law says. There are many who don't agree with the law. Lets say tomorrow that the US government decided only Exxon could sell oil/gasoline to the people (a government-granted monopoly similar to copyright). Well, Exxon could increase prices and make a lot more money for sure. So is it wrong that we don't give Exxon the monopoly because they make less when there is competition? I don't think so, and I doubt anyone else would say that. But this is what we believe we must do in the case of copyright. I just don't see why it has to be done that way. If you can prove me it's 100% necessary to the livelihood of artists/authors that they have an everlasting monopoly I might be more inclined to follow the rest of your reasoning. |
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Shale
Posts: 337 Location: The Middle of Nowhere, DE |
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But Exxon does have an everlasting monopoly to all oil that they pump out of the ground. It's called ownership. No other company can tap into an Exxon-owned well and use that crude for themselves without paying Exxon for the privilege.
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Keonyn
Subscriber
Posts: 5567 Location: Coon Rapids, MN |
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If someone puts hard work and effort in to it then it's their right to be paid for the work they performed the same as it is your right to be paid for the work you perform at your job. You want to trample rights then so be it. However if you're just going to go in a circular argument and repeat your "I don't believe in peoples rights" argument then you can just stop right now because this is a discussion, not a roundabout argument for you to use your lack of belief of peoples rights as an excuse to satisfy your greed over and over again without really discussing anything or making a case as to why you deserve to enslave people by claiming the right to all their hard work for free. If you're just going to repeat yourself over and over then step down.
That's not a monopoly, they own that property and the oil they produce through that property is their product. They're not the only oil company so therefore there is competition and thus it is not a monopoly. They simply have a product the same as the others. Anime studios also do not have monopoly and the misuse of the word here makes me wonder how well our schools teach economics. The anime they produce is just their product, that then goes out and competes with all the other anime products produced. There is no single entity controlling all anime products so therefore there is no monopoly. Rather you have a studio creating an individual product to compete with the rest, but if you want anime you could go to any studio or writer to get it. Sure it wouldn't be the exact same show but that's the nature of competition, they create something somewhat different to draw in a market share by creating appeal to set their product apart. That's the very nature of competition and is pretty much the exact opposite of a monopoly. Last edited by Keonyn on Mon Dec 24, 2007 3:48 pm; edited 2 times in total |
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Fallout2man
Posts: 274 Location: San Diego, CA |
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There's a difference though when speaking of physical goods. in the case of land I could have already owned land or chairs without government doing anything. I make a chair or make my home on a plot of land, define its territory and then defend that claim with my own body. This was primitive and at times costly and that's more then likely why we decided to establish governments. We wanted an arbiter to help us enforce our rights to allow for a more cohesive society to form. so instead of me shooting you for getting on my land, I call the cops and have you arrested. All government is doing is providing a situation and manpower to resolve disputes. In the case of copyright however, it was never naturally possible to truly own an idea. It is exclusively yours so long as it remains solely inside your own head. The moment you speak it aloud it can and typically does spread like wildfire and there is no preventing of it. In this case the people's appointed arbiter, the government tells the people. "Hey, let's all agree to do this because we'd all be able to make a little bit more money." If all parties involved then agree, a contract is formed. The agreement is not natural and only came to be because of the existence of a central arbiter for disputes, the government, was able to get people to agree to it in their social contract under certain pretenses. Contracts can be highly beneficial but they need to be dissolved and re-negotiated at times due to problems parties involved may have with it. This is why I believe copyright is so different. Ideas and physical goods react on such different levels in vastly different ways to the same things. They're not interchangeable and the ability to control them does not come naturally. This is very different from Exxon owning its oil.
Like I said, the term rights is highly a misnomer when used in this sense. We're dealing with two vastly different concepts here that are established for vastly different reasons and have very different protections and restrictions placed upon them. Should we be giving chimpanzees the same rights, privileges and responsibilities as adult humans? We share almost all of their DNA, we're almost biologically the same species. The devil is in the details and in this case it's not a good idea to get hung up on the semantics of the words used. This is why I prefer to stick to more neutral words myself. This is not a right of the people, it is not a right at all in the same way no one has a guaranteed right to get a Ferrari or a Camero. No one has a natural right to be guaranteed a mansion on a hill, a house, or even a condominium. It is not a natural right to be guaranteed to be able to get the first spot in line at a department store on black friday, or to get to cut to the front of the line at an amusement park. Such things only exist as luxuries given to people who do have natural ownership rights over natural products such as land, cars and buildings. Copyright is not a natural right and it exists only as a stated luxury (for otherwise it would be enshrined in common law like laws against murder and taking physical goods.) If it were a natural right we could do it by ourselves without the help of government. I'm not saying “I don't believe in people's rights” that's a big straw man. I'm saying that in this specific case it isn't a right and laying out very precisely why I believe it isn't. I'll ask you as well do you believe copyright is a natural right or direly important to society? Our society functioned just fine for many thousands of years without a copyright system, a patent or trademark system. We existed in different ways but we survived and thrived all the same biologically.
Copyright in its essence is a monopoly though, it's a temporary one but none the less it vests mostly exclusive control of an idea for a limited time to an interested party. During that time whoever owns exclusive rights can within a few small limitations dictate how that idea is used in every sense, including derivative works based even loosely on the idea (though after a certain point it'd be very hard to prove something as derivative in court.) So it's very much like a monopoly in the level of exclusive control it gives over an idea.
In a market of luxury goods though, where brand is a primary concern, there is no direct competition except by people re-selling the same product. If someone wants to get Cowboy Bebop then they'll buy Cowboy Bebop, does it matter that there's also Outlaw Star that is very similar in many ways to it and that it can be bought cheaper? Not to that person, they wanted Cowboy Bebop and bought it, and the only real way you could compete with that desire is to make them choose between two different Cowboy Bebop products. Now not everyone shops this way, but this is how a lot of people think. So it could be said then that a company owning its copyright has a monopoly on Cowboy Bebop both in theory and in practice. |
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Steel Angel
Posts: 274 Location: Texas |
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Alright, I'll be your huckleberry. It isn't necessary for survival, but neither is it necessary for humans to be entertained for survival either.
Actually bytes are physical, other wise date of one sort would be no different then another sort. You obviously have no grasp on binary language. I'll make it simple for you, there are 1's and 0's, place them in a specific order and it becomes data of a particular type. Those 0's and 1's are physical, because changing them would change what it is and thus the physical property of what it was, is lost. Just because you don't see them, doesn't mean they aren't real. Are germs in any less real, how bout atomic matter while we're at it? Just as any of those can be proven to be real by science, so can the data you download. Here's a tip for you, yes that evidence your so fond of saying isn't real will be used in court against you. So much for your babble and completely fabricated argument that doesn't hold up to science or even common sense. Care to try another route by which to argue? |
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