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Author Topic: Copyright - Posting Work of Others  (Read 9872 times)

Offline zorgon

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Copyright - Posting Work of Others
« on: October 12, 2011, 05:15:30 PM »
Copyright - Posting Work of Others

Copyright issues are really touchy and tricky on what is and isn't allowed. It is made more complicated because there are different rules for different things... so I will try to clear that up in relation to posts here at our forum

1. Quoting other members

If you are replying right after the member you are answering, there is no need to quote, just answer them. If its older please just clip the portion you are replying to. Quoting the whole post in the case of a long post just uses unnecessary resources and band width... and mods will clip them when they spot them

2. Quoting from a News Source
Clip only a small portion of the text that is relevant to make your point. If you add an image make sure credit for that image is below the image because most news sources use images that are copyrighted by AP or Reuters and they pay to use them. Then provide the link to that news source. You can use the quote box, highlight another color or the "tags with italics"--  so long as it is clear that it is a quote
News services have big lawyers on staff :P

3. Quoting from other forums, Blogs or personal websites
Same general rules apply but you can always simply ASK the owner of those sites for permission to reprint an article. Most of these sites have a creative commons sharing policy. It really isn't necessary to quote a complete large article anyway because most don't read it anyway so just keep it short and to the point. I have never yet got a 'Non' when I ask for permission. Most people write because they want people to read it, they just want the credit

4. Wikipedia and similar sources
Wikipedia is an open source media and as such under a Gnu copyleft license. This allows you to copy and change text, ie create your own work, so long as you then share under the same conditions.

The downside of this is ANYONE can edit Wikipedia and thus it is not a reliable source as a PRIMARY source. However most Wikipedia articles list the original sources at the bottom of the page. Also Wikimedia clearly marks images that are in the public domain. I find most photos on the net, with a little search, you can find a copyright free version

5. NASA, Military and Universities (and other official sources)
Since they are tax payer funded the info and images are GENERALLY in public domain... however some work on these sites is copyrighted by the individual author. It is simple to see the copyright usages on these pages. Just take a minute to check to be sure.

6. Press Releases
Well they are just that... anyone can reprint the entire Press Release

So in general practice...  clearly mark it as a quote, keep it short and to the point, and always credit the author

If in doubt, just ask any admin or mod... and save us all time having to edit posts to keep the Lawyer Wolves at bay

Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #1 on: October 12, 2011, 05:34:56 PM »
Copyright - History

When people first started writing, they did so to share the knowledge with others. (Or to keep records of goods in inventories, etc). The library of Alexandria never had issues with copyrights. In fact I wish they would have copied more of those books, now lost forever...

So when did all this start that we have to jealously guard our written words?

Well it started over MONEY... when publishers started printing and selling books to the masses. Don't forget that in early times only the gentry and the scholars could even read. It wasn't until we had liesure time that the general populace had time to learn to read

Quote
The history of copyright law starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1709, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned", was the first copyright statute. Initially copyright law only applied to the copying of books. Over time other uses such as translations and derivative works were made subject to copyright and copyright now covers a wide range of works, including maps, performances, paintings, photographs, sound recordings, motion pictures and computer programs.

History of copyright law

Then of course the lawyers got involved... because there was money to be made chasing down people who 'stole' from the publishers... and the rest is history

But then people began to get angry at the stupidity of certain aspects... like a student copying sections for learning (they have no intent of making money) Wasn't the text written by the author to teach people in the first place? This is one example but the laws have become so ridiculous they long ago went beyond the original intent.

So people fight back  and now the whole thing is a mess..

Museums:
They took photos of original art work... then claimed copyright on the photos. Well courts ruled that they couldn't do that... unless the photo was altered to show a percentage of original work. Well they couldn't do that for a catalog so they lost the case.  Catalog images in general are not copyrightable, neither are simple lists... (See post below for the full court case)

Public Domain:
Works are in the public domain if the intellectual property rights have expired,(50 years and 70 years are the most common in most countries), if the intellectual property rights are forfeited (the author releases his/her rights); or if they are not covered by intellectual property rights at all. Examples include the English language, the formulae of Newtonian physics, the works of Shakespeare and Beethoven, and the patents on powered flight.

Public Domain

Fair use
Fair use, a limitation and exception to the exclusive right granted by copyright law to the author of a creative work, is a doctrine in United States copyright law that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicenced citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. The term fair use originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.

Fair use

Fair Use... THIS is the one most used by websites and forums, but it is also easily abused and over used. Here is the actual law governing 'fair use'

17 U.S.C. § 107
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
  • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  • the nature of the copyrighted work;
  • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  • the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
"US CODE: Title 17,107. Limitations on exclusive rights: Fair use". .law.cornell.edu
« Last Edit: October 12, 2011, 05:49:52 PM by zorgon »

Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #2 on: October 12, 2011, 05:37:51 PM »
The Right to Display Public Domain Images
An introduction to copyright terms and a discussion of Bridgeman vs Corel


The Bridgeman Art Library, Ltd., Plaintiff,
- versus -
Corel Corporation, et ano., Defendants.
97 Civ. 6232 (LAK)


Their decision was one of the most important copyright decision affecting museums ever filed.  The decision was based on both US and UK copyright law.

WHO WAS INVOLVED IN THE CASE & WHAT WAS IT ABOUT?

The Bridgeman Art Library had made photographic reproductions of famous works of art from museums around the world (works already in the public domain.)  The Corel Corporation used those reproductions for an educational CD-ROM without paying Bridgeman.  Bridgeman claimed copyright infringement.

WHAT DID THE COURT DECIDE?

The Court ruled that reproductions of images in the public domain are not protected by copyright if the reproductions are slavish or lacking in originality.

In their opinion, the Court noted:  ''There is little doubt that many photographs, probably the overwhelming majority, reflect at least the modest amount of originality required for copyright protection....  But 'slavish copying', although doubtless requiring technical skill and effort, does not qualify.''

In other words, an exact reproduction of an image in the public domain does not possess creativity itself.  Therefore, the reproduction is not protected under copyright law.

The Right to Display Public Domain Images
An introduction to copyright terms and a discussion of Bridgeman vs Corel



Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #3 on: October 12, 2011, 05:55:08 PM »
Creative Commons
Creative Commons Deed
Creative Commons License


Quote
Creative Commons (CC) is a non-profit organization headquartered in Mountain View, California, United States devoted to expanding the range of creative works available for others to build upon legally and to share.[1] The organization has released several copyright-licenses known as Creative Commons licenses free of charge to the public. These licenses allow creators to communicate which rights they reserve, and which rights they waive for the benefit of recipients or other creators. An easy to understand one-page explanation of rights, with associated visual symbols, explains the specifics of each Creative Commons license. Creative Commons licenses do not replace copyright, but are based upon it. They replace individual negotiations for specific rights between copyright owner (licensor) and licensee, which are necessary under an "all rights reserved" copyright management with a "some rights reserved" management employing standardized licenses for re-use cases where no commercial compensation is sought by the copyright owner. The result is an an agile, low overhead and cost copyright management regime, profiting both copyright owners and licensees. Wikipedia is using one of its licenses.

Creative Commons - Wikipedia

Quote
Creative Commons has been described as being at the forefront of the copyleft movement, which seeks to support the building of a richer public domain by providing an alternative to the automatic "all rights reserved" copyright, dubbed "some rights reserved." David Berry and Giles Moss have credited Creative Commons with generating interest in the issue of intellectual property and contributing to the re-thinking of the role of the "commons" in the "information age". Beyond that, Creative Commons has provided "institutional, practical and legal support for individuals and groups wishing to experiment and communicate with culture more freely."

Creative Commons attempts to counter what Lawrence Lessig, founder of Creative Commons, considers to be a dominant and increasingly restrictive permission culture. Lessig describes this as "a culture in which creators get to create only with the permission of the powerful, or of creators from the past". Lessig maintains that modern culture is dominated by traditional content distributors in order to maintain and strengthen their monopolies on cultural products such as popular music and popular cinema, and that Creative Commons can provide alternatives to these restrictions

Creative Commons Org

Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #4 on: October 12, 2011, 06:01:31 PM »
Copyleft

Quote
Copyleft is a play on the word copyright to describe the practice of using copyright law to offer the right to distribute copies and modified versions of a work and requiring that the same rights be preserved in modified versions of the work. In other words, copyleft is a general method for making a program (or other work) free (libre), and requiring all modified and extended versions of the program to be free as well.

Quote
Copyleft can be characterized as a copyright licensing scheme in which an author surrenders some but not all rights under copyright law. Instead of allowing a work to fall completely into the public domain (where no ownership of copyright is claimed), copyleft allows an author to impose some restrictions on those who want to engage in activities that would more usually be reserved by the copyright holder. Under copyleft, derived works may be produced provided they are released under the compatible copyleft scheme.

The underlying principle is that one benefits freely from the work of others but any modifications one makes must be released under compatible terms. For this reason some copyleft licenses are also known as reciprocal licenses, they have also been described as "viral" due to their self-perpetuating terms. Under fair use, however, the copyleft license may be superseded, just like regular copyrights. Therefore, any person utilizing a copyleft-licensed source for their own work is free to choose any other license provided they meet the fair use standard.

While copyright law gives software authors control over copying, distribution and modification of their works, the goal of copyleft is to give all users of the software the freedom to carry out these activities. In this way, copyleft licenses are distinct from other types of free software licenses, which do not guarantee that all "downstream" recipients of the program receive these rights, or the source code needed to make them effective. In particular, permissive free software licenses such as BSD allow re-distributors to remove some or all these rights, and do not require the distribution of source code.

Copyleft

GNU General Public License

Quote
The GNU General Public License (GNU GPL or simply GPL) is the most widely used[5] free software license, originally written by Richard Stallman for the GNU Project.

The GPL is the first copyleft license for general use, which means that derived works can only be distributed under the same license terms. Under this philosophy, the GPL grants the recipients of a computer program the rights of the free software definition and uses copyleft to ensure the freedoms are preserved, even when the work is changed or added to. This is in distinction to permissive free software licenses, of which the BSD licenses are the standard examples.

The text of the GPL is not itself under the GPL. The license's copyright disallows modification of the license. Copying and distributing the license is allowed since the GPL requires recipients get "a copy of this License along with the Program". According to the GPL FAQ, anyone can make a new license using a modified version of the GPL as long as he or she uses a different name for the license, does not mention "GNU", and removes the preamble, though the preamble can be used in a modified license if permission to use it is obtained from the Free Software Foundation (FSF).

GNU General Public License

GNU General Public License - GNU.ORG



Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #5 on: October 12, 2011, 06:06:04 PM »
Derivative work

Quote
In United States copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work.

Quote
A typical example of a derivative work received for registration in the Copyright Office is one that is primarily a new work but incorporates some previously published material. This previously published material makes the work a derivative work under the copyright law. To be copyrightable, a derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes. The new material must be original and copyrightable in itself. Titles, short phrases, and format, for example, are not copyrightable.

Derivative work

Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #6 on: October 12, 2011, 06:10:27 PM »
Plagiarism Checker

Lawyers and Educators use these checkers to hunt for plagiarism... the first to make money, the second to check students submissions..

Article Checker

Plagiarisma.Net

Professional Online Plagiarism Detection. Free Plagiarism Checker

Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #7 on: October 12, 2011, 06:17:57 PM »
Music Downloads - October, 2011

Well all you music Pirates out there will be please with this ruling..

Supreme Court rejects Internet music download case

Quote
Mon Oct 3, 2011 2:55pm EDT

(Reuters) - The Supreme Court let stand on Monday a ruling that a traditional Internet download of sound recording does not constitute a public performance of the recorded musical work under federal copyright law.

The justices refused to review a ruling by an appeals court in New York that the download itself of a musical work does not fall within the law's definition of a public performance of that work.

The not-for-profit American Society of Composers, Authors and Publishers (ASCAP) appealed to the Supreme Court. It said the ruling has profound implications for the nation's music industry, costing its members tens of millions of dollars in potential royalties each year.

ASCAP says more than 390,000 composers, songwriters, lyricists and music publishers in the United States exclusively license their music through the organization. It licenses nearly half of all of the musical works played online, according to the court record in the case.

The federal government opposed the appeal. U.S. Solicitor General Donald Verrilli said the appeals court's ruling was correct and comported with common understanding and sound copyright policy.

Reuters News

Supreme Court Rejects ASCAP’s Argument That Music Downloads Are Public Performances

Supreme Court legalizes downloading music - ATS Thread


Quote
The United State Supreme Court has refused an appeal that would have made downloading music an infringement of federal copyright law. Take that, Metallica!

The American Society of Composers, Authors and Publishers, or ASCAP, had been attempting to appeal to the Supreme Court an early ruling by an appeals court in New York that said that a downloaded song constituted a public performance of the song under federal copyright law. Attorneys for ASCAP were fighting to reverse that decision in hopes that they’d be able to collect additional royalties off of songs downloaded from the Web.

ASC



Supreme Court legalizes downloading music - Russia Today
« Last Edit: March 31, 2012, 02:56:40 AM by zorgon »

Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #8 on: March 31, 2012, 02:57:28 AM »
Quote
Originally posted by malletzky at Mists of Avalon
As I mentioned...what you said before, it's all according to the existing laws. No doubt about that. If one wish...they can easily close down this small forum or many others too... But the far-reaching consequences will be undoubtedly harder then doing this today.

Well it all depends on how much money the forum owners have... and how good their lawyers are.  :o

Newspaper Chain’s New Business Plan: Copyright Suits

Quote
Steve Gibson has a plan to save the media world’s financial crisis — and it’s not the iPad.

Borrowing a page from patent trolls, the CEO of fledgling Las Vegas-based Righthaven has begun buying out the copyrights to newspaper content for the sole purpose of suing blogs and websites that re-post those articles without permission. And he says he’s making money.

“We believe it’s the best solution out there,” Gibson says. “Media companies’ assets are very much their copyrights. These companies need to understand and appreciate that those assets have value more than merely the present advertising revenues.”

Quote
Bill Irvine of Phoenix says he is fighting infringement allegations targeting AboveTopSecret.com, the site he controls under The Above Network. The site is accused of infringing a Review-Journal article on the Gulf of Mexico oil spill. The site is a user-generated discussion on “conspiracies, UFO’s, paranormal, secret societies, political scandals, new world order, terrorism, and dozens of related topics” and gets about 5 million hits monthly, Irvine says.

Righthaven, he says, should have sent him a takedown notice under the Digital Millennium Copyright Act, because the article was posted by a user, not the site itself.

http://www.wired.com/threatlevel/2010/07/copyright-trolling-for-dollars/

So a user, that you have no control over, posts an article from a news source that has such lawyers hired, will sue the owner of the forum/blog/website and will go for an out of court settlement because they know the owner can't afford to fight it, unlike a big one like ATS who have a staff of lawyers

So... when they interviewed some journalists to ask them how much is OK, they said generally 3 paragraphs for a decent size article, or less if it's very small.

This is the coming storm. Associated Press and Reuters already have teams of lawyers randomly searching the net for any violations.

Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #9 on: June 08, 2012, 06:06:27 PM »
Permissions

Many publications are now starting to list right n their websites options on what you may or may not copy... in effect a license to reuse.

I am going to make a list here putting them alphabetically in posts stating the name of the source and their copyright policy.

This will allow us a source of news that we can freely quote within their guidelines, and avoid those that don't have a use policy.... so there will be 26 posts following this that will appear empty for some time as I add the news agencies as time permits

Any help contacting important media sources to add to this list will be greatly appreciated

Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #10 on: June 08, 2012, 06:07:34 PM »
A

ACTIVIST POST - Permission

Hello SkyWatcher,

Thank you for your question. We encourage people to repost our articles in part or in full. We only ask that you please keep the author's name, and a link back to our site, as well as preserve all embedded links if possible.

Thank you very much for your consideration and support!!

Michael Edwards
Activist Post


While we do not encourage people to just simply repost articles from other forums in their entirety (just a waste of space and deprives the other forum of rightful traffic) if you do a simple request for permission like above is the correct way to go about it


« Last Edit: August 10, 2012, 07:07:27 PM by zorgon »

Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #11 on: June 08, 2012, 06:07:50 PM »
B

Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #12 on: June 08, 2012, 06:08:05 PM »
C

CENTER FOR LAND USE INTERPRETATION

The Center for Land Use Interpretation's Land Use Database is a collection of unusual and exemplary sites throughout the United States. The database is a free public resource, designed to educate and inform the public about the function and form of the national landscape, a terrestrial system that has been altered to accommodate the complex demands of our society.

All work on this site is licensed under an Attribution-Noncommercial-Share Alike 3.0 Creative Commons License.

http://clui.org/ludb/site/raven-rock-underground-command-center-site-r

A great resource when seeking out secret bases :P



Creative Commons Attribution-Share Alike 2.5 Generic license.

Used by Wikipedia a lot...

I, the copyright holder of this work, hereby publish it under the following license:
This file is licensed under the Creative Commons Attribution-Share Alike 2.5 Generic license.    

You are free:
 - to share – to copy, distribute and transmit the work
 - to remix – to adapt the work
Under the following conditions:
 - attribution – You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
 - share alike – If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one.





This work has been released into the public domain by its author. This applies worldwide.

In case this is not legally possible:
[Author] grants anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.



CREATIVE COMMONS DEED



Creative Commons Deed
This is a human-readable summary of the full license below.

You are free:
    to Share—to copy, distribute and transmit the work, and
    to Remix—to adapt the work

Under the following conditions:
    Attribution—You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work.)
    Share Alike—If you alter, transform, or build upon this work, you may distribute the resulting work only under the same, similar or a compatible license.

With the understanding that:
    Waiver—Any of the above conditions can be waived if you get permission from the copyright holder.
    Other Rights—In no way are any of the following rights affected by the license:
        your fair dealing or fair use rights;
        the author's moral rights; and
        rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.
    Notice—For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do that is with a link to http://creativecommons.org/licenses/by-sa/3.0/

http://en.wikipedia.org/wiki/Wikipedia:Text_of_Creative_Commons_Attribution-ShareAlike_3.0_Unported_License







« Last Edit: June 16, 2012, 01:17:21 AM by zorgon »

Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #13 on: June 08, 2012, 06:08:19 PM »
D

DENVER POST

Fair Use

The Denver Post has always taken copyright issues very seriously, both as a creator of content and as a user of other people's content. In fact, everything that appears in a typical edition of the newspaper is copyright protected.

Nonetheless, our work is illegally reproduced everyday on websites across the country. The federal Copyright Act protects our right and our readers' rights to make fair use of copyrighted content. We have no issue with people who quote a small amount of a Post story so as to comment on it, perhaps even criticize us. That's the essence of free speech in a vigorous democracy.

But fair use of our content restricts those who want to reference it to reproduce no more than a headline and up to a couple of paragraphs or a summary of the story. (We also request users provide a link to the entire work on our website). The fair use rule generally does not entitle users to display the whole story or photograph on their website. To do so is a violation of our copyright and we will use all legal remedies available to address these infringements.

We understand people may want to share what they find interesting in our publication. This is a reminder that there is a right way to do it.

Finally, thank you for your continued support. We intend to remain a vital and trusted source for unique and unduplicated reporting on the concerns and issues affecting you and this community.

http://www.denverpost.com/termsofuse


« Last Edit: June 27, 2012, 06:23:46 PM by zorgon »

Offline zorgon

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Re: Copyright - Posting Work of Others
« Reply #14 on: June 08, 2012, 06:08:34 PM »
E

ENGLISH RUSSIA

Copyright © 2011 English Russia |
All the materials on this site are submitted by the readers
trough feedback form or acqulred thru the open sources like, but not limited to blogs.2leep.com, flickr.com etc.



English Russia is an awesome photo sharing website with content provided by users. As such most of the material there can be freely shared. Most times there is not even a source of the image provided. They may be considered in the public domain unless otherwise stated, but please include any credits available and a link back to English Russia

http://www.englishrussia.com/



EURASIA. NET

Reposting our content

    About us

When reposting EurasiaNet articles in either Russian or English it is required to include the following immediately above or below the article's text: "Originally published by EurasiaNet.org". If EurasiaNet article is being reposted on another website, it is also required to have "EurasiaNet.org" link to our site's main page: http://www.eurasianet.org.

The content and headlines of EurasiaNet articles, whether in English or Russian, cannot be altered or edited in any way during the process of reposting.

http://www.eurasianet.org/node/61787


« Last Edit: July 06, 2012, 02:36:14 PM by zorgon »

 


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