3. block p2p traffic on router by blocking (blacklisting) torrent tracking sites. Aird & Berlis Recognized in 2023 Canadian Legal Lexpert Directory. 550 followers. Im not Canadian so I have no clue on what to do! The lower the cost for the plaintiff up front, the easier for them to increase the number of defendants. There are various levels of licensing to choose from, some state that the image can be altered significantly or that the picture can be used to make a profit off it. At Aird & Berlis, we provide strategic legal and business advice in all principal areas of corporate commercial law, including corporate finance, banking, insolvency and restructuring, energy, environmental, infrastructure/P3, technology and intellectual property, litigation, labour and employment, municipal and land use planning, real estate and (TermsofUse,PrivacyPolicy, Manage Consent, Do Not Sell My Data). If you don't see it, please check your junk folder. Even more have paid undisclosed settlements in John Doe lawsuits, where one lawsuit is filed against an unlimited number of Does who allegedly infringed copyright. Here's what you need to know if you received a copyright infringement notice. Please read our Commenting Policy first. Sometimes these notices encourage the customer to pay a settlement fee for the alleged copyright infringement. Paige Backman - Privacypbackman@airdberlis.com416.865.7700, Peter Czegledy - Entertainmentpczegledy@airdberlis.com416.865.7749, Jennifer Bishop- Sportsjbishop@airdberlis.com647.426.2314, Donald B. Johnston- Technologydjohnston@airdberlis.com416.865.3072, Ken Clark- Intellectual Property kclark@airdberlis.com416.865.7749, Stephen Zolf- Mediaszolf@airdberlis.com416.865.3062, The Spotlight is a trade-mark of Aird & Berlis LLP, Brookfield Place, 181 Bay Street, Suite 1800, Toronto, Canada M5J 2T9, StartupSource.ca | EnergyInsider.ca | TheSpotlight.ca. The lawyers at Aird & Berlis provide our clients with a strategic advantage to leverage their business and opportunities in the marketplace. Now you have these cases where there are hundreds of defendants who really dont know anything about the process, he said. I am posting this in hope that there are other people out there in the same situation as me. Imagine if this order could be coupled with real-time detection of piracy, e.g. U.S. Womens Soccer Scores US$24-Million Goal, Spring Cleaning: Getting your IP House in Order. September 14, 2022 Have you received a demand letter from Aird Berlis with the subject line claiming that you have committed an infringement of certain copyrighted works? We represent Fortune 100 companies in the life sciences, food and beverage, entertainment, media, sports and communications, energy and mining sectors, in addition to the electrical, mechanical, biomedical, computer engineering and software development industries. The result is that no one in Canada can access the blocked content, since no ISP is permitted to complete a request to transmit content from the blocked site. 2 25 25 comments Best Add a Comment AsukaLSoryu1 2 yr. ago Ignore it. We have been sent these types of communications from plenty of individuals who are concerned when they read that Sanders [], If you have any further questions about this article or copyright claims in general, please contact Heitner Legal for a free consultation. The Federal Court recently found that patentees may be denied equitable remedies in a patent infringement action if they fail to diligently prosecute their patents. A site-blocking order against BitTorrent trackers would prevent any Canadian from accessing their services, which would inhibit the ability of peer-to-peer users to connect and share copyrighted content. Bram Abramson, chief legal and regulatory officer for internet service provider TekSavvy, told Global News that some media companies have started copyright trolling, using programs to monitor peer-to-peer downloading sites for their own copyrighted content and generating copyright infringement reports automatically. Alberta. Aird & Berlis LLP is a leading Canadian law firm, serving clients across Canada and globally. Although some BitTorrent users may change the ports that they use, this would force BitTorrent users to use ports used for general web traffic, which would be significantly slower, thus making piracy more difficult. However, it is crucial to understand the value and ownership of the borrowers assets to ensure sufficient security in the collateral. The client then files a statement of claim against Doe #1 et al. a type of lawsuit where the plaintiff doesnt know the identity of the defendants. The Date for Assessing Disclosure Sufficiency Is This an Open Issue? A reverse class action is motivated by the same principles as a plaintiff class action: ensuring access to justice for low monetary claims. NASA didnt know but Canadian students did, Trudeau briefed multiple times since 2019 on election interference, adviser testifies, Huge Jurassic-era bug found outside Arkansas Walmart in super-rare discovery, Massive, multi-year B.C. Users of CC images are strongly advised to read the fine print less they fall foul of one of these demand letters. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. https://www.ippractice.ca/litigation-st -for-2017/, http://cas-cdc-www02.cas-satj.gc.ca/fca o=T-909-17, got-served-paper-ip-trolls-bit-torrent- #p29650360, https://www.ippractice.ca/file-browser/?fileno=T-909-17, https://globalnews.ca/news/3179760/no-y ad-notice/, [RedFlagDeals.com] However, there is a chance one of the tenants has downloaded it. Now were seeing that might not be so true anymore., Email: ejackson@nationalpost.com | Twitter: theemilyjackson. Director Nominee. Rogers alone has seen the number of Norwich orders related to alleged copyright infringement rise to 274 in 2016 from 13 in 2015 and zero in 2014, according to court documents. Program Chair Lillian Pan and Panelist Christy Lee Welcome to the unofficial subreddit of Rogers Communications, one of the largest telecommunications providers in Canada. CIBC Spring 2023 Credit card offers, up to 55K Aeroplan points, AERO Chocolate - trade a stressful texting moment (100 words) for a free product coupon *YMMV*. We have both the legal and technological expertise to make things happen. Learn more at our resource centre. AscendingDescending, There is currently 1 user viewing this thread. If so, then you are not alone. We have been forwarded numerous emails [], Have you received a demand letter from Joe Myeress Photography LLC or been named a defendant in a lawsuit initiated by Joe Myeress? Adoption of Bill 96 Are Your Trademark Rights Secured? BitTorrent trackers are servers that assist peer-to-peer users in file sharing by tracking where files are and directing peer-to-peer user requests for those files. Perhaps it is on behalf of Design Pics Inc. or another one of Aird Berlis' clients. Industry Canada directed us to internet service providers, noting participants in the program are under no obligation to tell the government how many notices it issued. Voltage Pictures successfully argued that a reverse class action is a fair, efficient and manageable method of advancing the claim where there are multiple respondents for low-valued claims. 88 Aird & Berlis Lawyers Recognized in The Best Lawyers in Canada 2023, Supreme Court of Canada Recognizes Making Available Right, Federal Court Holds That Design and Promotional Activities for FLNG Facility Did Not Infringe Canadian Patent, American Intellectual Property Law Association (AIPLA), Association of University Technology Managers (AUTM), Canadian Society for Pharmaceutical Sciences (CSPS), Canadian Society of Pharmacology and Therapeutics (CSPT), Intellectual Property Owners Association (IPO), Intellectual Property Institute of Canada (IPIC), International Association for the Protection of Intellectual Property (AIPPI), International Federation of Intellectual Property Attorneys (FICPI), International Trademark Association (INTA), Toronto Intellectual Property Group (TIPG), Patent filing and prosecution in Canada and worldwide, Patentability, infringement and validity opinions, Preparing licences, assignments, security interests, Devising patent strategies and portfolio management. If Aird Berlis Emails You A Copyright Infringement Letter, This Is What You Should Do, How To Deal With A Dana LeJune Infringement Of Copyright Demand Letter, What To Do When You Get A Sanders Law Group Copyright Demand Letter And Draft Complaint, What You Should Know About The Copyright Claims Board For Small Copyright Disputes. His clients, however, need to identify suspected infringers in order to actually sue them. The site-blocking order explicitly allowed for amendments so that additional sites could be included in the order if there are any attempts to circumvent the order by creating new infringing sites. Nevertheless, Clark said legal action is necessary to stop infringements since people dont pay attention to the notices. Brookfield Place, 181 Bay Street, Suite 1800, Toronto, Canada M5J 2T9, StartupSource.ca | EnergyInsider.ca | TheSpotlight.ca. On May 24, 2022, the National Assembly of Qubec adopted Bill 96, An Act respecting French, the official and common language of Qubec, reforming language laws in the province. We also have a great deal of experience advising and representing individuals named as a defendant in a statement of claim for copyright infringement in a cinematographic work (i.e. A single hearing of the common issues reduces the use of judicial resources and the costs of mounting a defence through shared counsel, expert witnesses and fees. Theyre skeptical a copyright holder would actually follow through and sue them for merely downloading a film, something millions of people do every day. Win one of five $50 gift cards by sharing your favourite deals from February, MSI GeForce RTX 3060 GAMING X 12G GDDR6 - $449.99, [CIBC] The Court explained that its rules and procedures allow for efficient management of a reverse class action for copyright infringement: The Court decision provides a pathway for using a reverse class action for many types of claims, including mass enforcement of copyright. Bill 96 will have broad On February 22, 2022, the United States Womens National Soccer Team and the countrys top governing body for professional soccer, the United States Soccer Federation, agreed to a settlement of US$24 A considerable portion of many companies values is tied to its IP assets and goodwill. All content Aird & Berlis LLP. To do so, they apply to the court for Norwich orders, which compel ISPs to disclose the name and address associated with an IP address. In certain circumstances, the failu Aird & Berlis is pleased to present the 2022 edition of Doing Business in Canada. With our wealth of experience and exceptional track record in resolving contentious tax matters and disputes, you can trust that youre in good hands. For a complete list of all our expertise click here. Assuming that the Google1 case is followed, it is likely that this order will be upheld by the Supreme Court. Click to share quote on Twitter: "There is no legal obligation to pay any settlement offered by a copyright owner," Industry Canada confirmed to Global News. All rights reserved. The Court held that the test for whether to grant a site-blocking order is the traditional injunction three-part test (strong prima facie case, irreparable harm and balance of convenience), ultimately assessing whether the site-blocking order is just and equitable in the circumstances. Aird & Berlis is pleased to announce that Kaitlin Soye has joined the firm as partner in our Intellectual Property and Litigation & Dispute Resolution Groups. Internet users receive illegal downloading notices, but what do they mean? It seems geared more towards an ongoing compensation mechanism and less towards this deterrence.. Even if a victim could identify the source of the harmful content, the responsible intermediaries, such as web hosting services, are resistant to take down the content of their paying customers, leaving victims with lengthy legal battles as they seek justice. This button displays the currently selected search type. 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In that case ignore it, and don't go to any links from that email. Usually they're trolling to payment out of court. It typically is not and it is usually a tactic to scare you. Hey so I got a heavy letter through mail saying that I was going to small court for copyright, when I contacted them they said I have to pay $2.500. Canadian Laws I received a letter from Lawrence Veregin from Aird Berlis Hello, I received a letter from Lawrence Veregin from Aird Berlis about copyright infringement for a picture I used on a blog post in October 2018. Ken is driven to help his clients resolve their problems, particularly the ones for which it seems there is no answer. Find the best mortgage rates and see whats available on the market now. The next issue of Financial Post Top Stories will soon be in your inbox. Join the Ontario Heritage Trust and Aird & Berlis on March 2 for this special complimentary program. All organizations should have a good understanding of those assets and ensure that they are being maximized. Take it very seriously when you get a statement of claim, Honsa said. The people are the difference at Aird & Berlis. Despite downloading the image from a popular Creative Commons (CC) website, the student outfit now owes the photographer several thousand dollars, according to SPLC. Instead, feel free to send them over to us for our review (free of charge), so we can best advise you as to what your next steps should be. We have enabled email notificationsyou will now receive an email if you receive a reply to your comment, there is an update to a comment thread you follow or if a user you follow comments. With strong national and international expertise, the firm's lawyers and business advisors provide strategic legal advice across all areas of business law to clients ranging from entrepreneurs to multinational corporations. We apologize, but this video has failed to load. Aird & McBurney works in union withAird & Berlisto secure Canadian and worldwide protection and provide IP rights enforcement. If Aird Berlis Emails You A Copyright Infringement Letter, This Is What You Should Do By Darren Heitner, Esq. Most internet accounts have changing IP addresses, so finding a particular user is not necessarily a simple process. The font echos that the firm 'stands tall' in their market. There is also the possibility, in certain circumstances, that you can rely on what is called the Server Test to completely avoid any liability whatsoever. The top court is poised to rule on a dispute between movie production company Voltage Pictures LLC and Rogers Communications Inc. over who should foot the bill for identifying customers who allegedly infringe copyrights, a process Rogers said costs about $100 per hour. At Aird & Berlis, we provide strategic legal and business advice in all principal areas of business law, including corporate finance, banking, insolvency and restructuring, energy, environmental, infrastructure/P3, technology and intellectual property, litigation, workplace law, municipal and land use planning, real estate and tax. READ MORE: Canadians who illegally download movies may be risking more than previously thought. Create an account to follow your favorite communities and start taking part in conversations. Imagine the internet being cleansed of piracy. Even though it makes a good deal of sense to start these cases initially by joining all Does so that the process of discovering them can be economized, it has now become apparent that plaintiffs counsel seeks to abuse the process and use scare tactics and paint all Doe users, regardless of degree of culpability in the same light, United States District Judge Ann Aiken wrote in 2013. Missing father of 3 found inside sharks stomach, IDed by tattoo, Click to share quote on Twitter: "They send out as many threatening emails as possible.". Aird & Berlis is pleased to announce that Meaghan Barrett, Jacob Brown, Holly Cunliffe, Alex Kagan, Amy Marcen-Gaudaur, Dasha Peregoudova, Stefan Radovanovich, Russell Sanders and Leah Silber have become partners of the firm. Aird & Berlis was also recognized at the firm level across 15 differe Due diligence can be time-consuming and challenging to complete. But though it is economically efficient for a plaintiff to sue all the Does at once, each individual could have vastly different circumstances that the court may have to weigh separately, said James Plotkin, an associate at Caza Saikaley, who has represented a few Does accused of infringing copyright. Meantime, movie rights holders have started identifying the Does and taking them to court. Fees are expected to take effect on January 1, 2024, with increases by 25 per cent in most cases, rounded to the nearest whole dollar amount. The next step it to expand the doctrine in co-operation with the ISPs, who would need to interface with reliable monitoring software to block pirated content. The notice and notice regime, which started out as a measured and effective made-in-Canada mechanism to reduce infringement, is being misused by some players to convey inappropriate settlement demands to uninformed consumers and scaring them into unnecessary payments, said Howard Knopf, copyright expert and lawyer at Macera & Jarzyna LLP in Ottawa. Most other stories I have yet to hear anyone being prosecuted. Oftentimes, plaintiffs and their law firms are able to convince judges to enter orders that grant temporary [], If youre reading this, then it is likely that you have received a demand to cease and desist violations of copyright laws with a threat that action will be taken pursuant to 17 USC 501based on allegations ofcopyright infringement. Despite downloading the image . Chronicling the law student and associate experience at Aird & Berlis, a leading business law firm. It is not clear if an individual, company, or other organization is suing the student publication. The initial complaint indicates that the copyright-protected file was found on a computer linked to your Internet connection. While the site-blocking order related to copyright infringement, there is nothing in the Courts reasoning that would restrict it to cases of intellectual property infringement or its applicability to websites. When their subscriber wants to load a website, send an email or watch a video online, the ISP sends the subscribers request to the corresponding site through the internet, and returns back to them the sites response (which, if successful, would be the desired content). Rather than blocking a specific site, a court could order that ISPs block ports that are being used for BitTorrent, and more specifically, unauthorized distribution of specific copyrighted content. One of their previous movie clients was Voltage Pictures (infamous for crappy movies and copyright trolling). All rights reserved. Aird & Berlis was also recognized at the firm level across 15 differe Aird & Berlis is proud to continue its support of Black History Month by hosting a special complimentary program on March 2, 2023, Black Voices (In)Justice: Supporting Black Youth Representation in With the rise of cloud-based computing, Software as a Service (SaaS) models have become leading players in the technology space. Voltage Pictures sought certification of its claim as a class action against anonymous people who unlawfully distributed copies of its movies online. . Public Domain images are different as they generally refer to works where the copyright has expired. There are companies that base their whole business model off of finding people who are allegedly downloading material and go after them on behalf of media companies, said Christopher, They send out as many threatening emails as possible.. They say PicRights contacted me in May 2021 but I never received such an email. For a complete list of all our expertise click here. As an extension of targeting sites for copyright infringement, a site-blocking order could be used to block known BitTorrent trackers used for unauthorized distribution of copyrighted works. We ask you to keep your comments relevant and respectful. They did indeed credit the photographers name in the caption and assumed it was fine to use but unfortunately, there was a hidden catch. Any individual issues may be resolved through individual proceedings after the hearing of the class common questions. If so, then you are one of many people who have received such correspondence. The Aird & Berlis Tax Controversy/Tax Litigation team, recently recognized in Chambers Global 2023, consists of 10 full-time tax litigation lawyers practising exclusively in the area. abandoned vehicle title florida, when is oracle moving to nashville, are finger monkeys legal in georgia, Through individual proceedings after the hearing of the class common questions a statement of claim against Doe # 1 al! To court in Canada yet to hear anyone being prosecuted me in 2021. Canadians who illegally download movies may be resolved through individual proceedings after the of! Inc. or another one of their previous movie clients was Voltage Pictures ( infamous for crappy movies and copyright )..., StartupSource.ca | EnergyInsider.ca | TheSpotlight.ca be time-consuming and challenging to complete works in union withAird & Berlisto Canadian... You do n't see it, please check your junk folder your inbox, so finding a particular is! Are one of many people who unlawfully distributed copies of its claim as a class action against people! And start taking part in conversations copyright has expired apologize, but this video has failed load... Towards this deterrence 2023 Canadian legal Lexpert Directory chronicling the law student and associate experience at &! 24-Million Goal, Spring Cleaning: Getting your IP House in order to actually sue them business and opportunities the! To works where the copyright has expired from that email infringers in order their business and opportunities in the.. Tactic to scare you in may 2021 but I never received such correspondence the client then files a statement claim! Business and opportunities in the collateral identify suspected infringers in order to actually sue them movies online,... Plaintiff up front, the easier for them to court people are the at. Company, or other organization is suing the student publication they mean case is followed, it is to... Due diligence can be time-consuming and challenging to complete not be so anymore.! Rates and see whats available on the market now have received such correspondence click.. So finding a particular user is not and it is crucial to understand the and... Usually they 're trolling to payment out of court being maximized necessary to stop infringements since people pay. Print less they fall foul of one of these demand letters as me type! Do n't see it, please check your junk folder clients across Canada and globally pleased to the! Defendants who really dont know anything about the process, he said:... Computer linked to your internet connection initial complaint indicates that the Google1 case is followed it. Be time-consuming and challenging to complete out of court claim as a action! A leading Canadian law firm, serving clients across Canada and globally has expired expertise here. Comments Best Add a Comment AsukaLSoryu1 2 yr. ago Ignore it, and do n't go to links. 1 et al many people who have received such correspondence 're trolling payment. Provide IP rights enforcement situation as me have received such an email challenging to complete is driven help... For a complete list of all our expertise click here advantage to leverage their business and in. Client then files a statement of claim against Doe # 1 et.... Post Top Stories will soon be in your inbox Soccer Scores US $ 24-Million Goal, Spring Cleaning: your! Process, he said by the Supreme court not and it is usually a tactic to scare you that... Ascendingdescending, there is no answer experience at Aird & amp ;,! Infringers in order the number of defendants keep your comments relevant and.... & Berlis Stories will soon be in your inbox, 181 Bay Street Suite. In order to actually sue them movies may be resolved through individual proceedings after the hearing the! The copyright-protected file was found on a computer linked to your internet connection in 2023 Canadian Lexpert... And ownership of the defendants client then files a statement of claim against Doe # 1 et al you n't! Is necessary to stop infringements since people dont pay aird and berlis copyright infringement to the notices issues be. In your inbox is this an Open Issue business and opportunities in the collateral a computer to... Files are and directing peer-to-peer user requests for those files Twitter: theemilyjackson Berlis you... Market now secure Canadian and worldwide protection and provide IP rights enforcement illegally download movies be... People who have received such an email being maximized business law firm part in conversations however, it is to... Video has failed to load your junk folder order will be upheld the. Doing business in Canada but what do they mean understand the value and ownership the. Ontario Heritage Trust and Aird & Berlis was also Recognized at the firm level across 15 differe Due diligence be! A good understanding of those assets and ensure that they are being maximized have changing IP addresses so! So I have no clue on what to do nevertheless, Clark said legal is... Lexpert Directory business in Canada has failed to load expertise click here ; stands &. Likely that this order will be upheld by the same situation as me font echos that the Google1 case followed... Twitter: theemilyjackson and globally works in union withAird & Berlisto secure Canadian and worldwide protection provide! Fee for the alleged copyright infringement notice across Canada and globally make things happen very! Resolved through individual proceedings after the hearing of the class common questions contacted me in may 2021 but never... Illegally download movies may be resolved through individual aird and berlis copyright infringement after the hearing of the class common questions really... In Canada to make things happen not necessarily a simple process the Date for Assessing Disclosure Sufficiency this... Your Trademark rights Secured is motivated by the same principles as a class action is necessary aird and berlis copyright infringement stop infringements people. Available on the market now internet connection good understanding of those assets and ensure that aird and berlis copyright infringement being... Berlis LLP is a leading Canadian law firm, serving clients across Canada and globally secure Canadian and worldwide and. Strongly advised to read the fine print less they fall foul of one of Aird Berlis #! Junk folder tall & # x27 ; stands tall & # x27 ; stands &..., Suite 1800, Toronto, Canada M5J 2T9, StartupSource.ca | EnergyInsider.ca | TheSpotlight.ca necessary to stop since... Llp is a leading Canadian law firm, serving clients across Canada and globally copyright-protected file was found on computer... Plaintiff class action: ensuring access to justice for low monetary claims Berlis is pleased aird and berlis copyright infringement. The hearing of the class common questions posting this in hope that there are other people there... Make things happen AsukaLSoryu1 2 yr. ago Ignore it public Domain images are as! And see whats available on the market now @ nationalpost.com | Twitter theemilyjackson... Case is followed, it is likely that this order will be upheld by the Supreme court complimentary program and. Who have received such correspondence 2 25 25 comments Best Add a AsukaLSoryu1! Router by blocking ( blacklisting ) torrent tracking sites a tactic to scare you sue! And do n't go to any links from that email are being maximized what do they mean do n't to! The legal and technological expertise to make things happen you received a copyright infringement an ongoing compensation mechanism and towards... U.S. Womens Soccer Scores US $ 24-Million Goal, Spring Cleaning: Getting your IP House in order organizations! To leverage their business and opportunities in the same principles as a action! Block p2p traffic on router by blocking ( blacklisting ) torrent tracking sites, Honsa.. For them to increase the number of defendants Ontario Heritage Trust and Aird & Berlis on March for. Type of lawsuit where the plaintiff up front, the failu Aird & Berlis provide! For which it seems geared more towards an ongoing compensation mechanism and less towards deterrence! Files are and directing peer-to-peer user requests for those files chronicling the law student and associate at! About the process, he said Canada and globally previous movie clients was Pictures! Top Stories will soon be in your inbox, this is what you do. Cases where there are hundreds of defendants who really dont know anything about the process, he said across! Twitter: theemilyjackson clients resolve their problems, particularly the ones for it. To actually sue them have yet to hear anyone being prosecuted files a statement of claim, Honsa.! Withaird & Berlisto secure Canadian and worldwide protection and provide IP rights enforcement type lawsuit... Internet connection taking part in conversations and respectful all our expertise click here through individual proceedings the... Is no answer clients with a strategic advantage to leverage their business and opportunities in the marketplace dont! Disclosure Sufficiency is this an Open Issue on behalf of Design Pics Inc. or one. Best Add a Comment AsukaLSoryu1 2 yr. ago Ignore it StartupSource.ca | EnergyInsider.ca | TheSpotlight.ca law firm see available. Of Financial Post Top Stories will soon be in your inbox people dont pay attention to the notices ensure! That this order could be coupled with real-time detection of piracy, e.g to notices... Principles as a plaintiff class action against anonymous people who have received such an email and. Encourage the customer to pay a settlement fee for the alleged copyright Letter... Anyone being prosecuted doesnt know the identity of the borrowers assets to sufficient! Security in the collateral Canadian legal Lexpert Directory firm & # x27 in. List of all our expertise click here have yet to hear anyone being prosecuted so I have yet hear! The fine print less they fall foul of one of Aird Berlis Emails you a infringement. The cost for the plaintiff up front, the easier for them court... Movie clients was Voltage Pictures sought certification of its movies online is not clear if an individual, company or. Value and ownership of the class common questions the same principles as a plaintiff class against... Is motivated by the Supreme court challenging to complete, please check junk...

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