The US Commerce Department is holding a workshop on DRM.
The usual suspects are there -Jack Valenti, Mitch Glazier, Vivendi, Disney, Microsoft and Intel.
If you can't go, send in your comments or comment on my comments
Thursday, 11 July 2002
Wednesday, 10 July 2002
Boucher gets it
Rep. Boucher Outlines 'Fair Use' Fight "The music industry needs to take off the brakes," on copy-prohibiting tecnnologies, Boucher said. "The vast majority of the Internet consuming public is honest" and would be willing to pay for online music, especially if "the music industry would agree to put its entire inventory online."
Monday, 8 July 2002
DRM consider futile
DRM a non-solution says Jon Udell:
When I worked with O'Reilly on its electronic reference library, Safari, protecting the IP was a top concern. We implemented such controls as are possible in a web-based medium, including spider detection and digital watermarking. But I'm sure I lost more sleep over these issues than Tim O'Reilly did. His experience tells him to trust his customers to do the right thing: pay O'Reilly a fair price for its content, and publicly uphold that social norm. By and large, they do. When O'Reilly content shows up in unauthorized form on the web, it's often customers who first spot it and report it.
When I worked with O'Reilly on its electronic reference library, Safari, protecting the IP was a top concern. We implemented such controls as are possible in a web-based medium, including spider detection and digital watermarking. But I'm sure I lost more sleep over these issues than Tim O'Reilly did. His experience tells him to trust his customers to do the right thing: pay O'Reilly a fair price for its content, and publicly uphold that social norm. By and large, they do. When O'Reilly content shows up in unauthorized form on the web, it's often customers who first spot it and report it.
Thanks for the oxygen
We planted 14 trees in our front garden yesterday.
I wonder how long before they absorb as much CO2 as we injected into the atmosphere driving to 4 branches of Orchard Supply to find them all.
I wonder how long before they absorb as much CO2 as we injected into the atmosphere driving to 4 branches of Orchard Supply to find them all.
Sunday, 7 July 2002
mediAgora - come and see
I've put up a first draft of my ideas about how to create an online market for digital media that takes advantage of the ease of copying and editing that digital media provides, instead of fighting this. Do let me know what you think.
Thursday, 4 July 2002
Rebooting meadows
Dave, you can't make a meadow from the top down. You need to start with small pieces, and let them loosely join themselves. And you may need ingredients you don't suspect. Here's the beginning of Kevin Kelly's description of one ingredient needed from his book Out of Control:
As an autumn gray settles, I stand in the middle of one of the last wildflower prairies in America. A slight breeze rustles the tan grass. I close my eyes and say a prayer to Jesus, the God of rebirth and resurrection. Then I bend at the waist, and with a strike of a match, I set the last prairie on fire. It burns like hell.
"The grass of the field alive today is thrown into the oven tomorrow," says the rebirth man. The Gospel passage comes to mind as an eight-foot-high wall of orange fire surges downwind crackling loudly and out of control. The heat from the wisps of dead grass is terrific. I am standing with a flapping rubber mat on a broom handle trying to contain the edges of the wall of fire as it marches across the buff-colored field. I remember another passage: "The new has come, the old is gone."
While the prairie burns, I think of machines. Gone is the old way of machines; come is the reborn nature of machines, a nature more alive than dead.
I love that he has put the whole text up online so I can cite it like this. And, as Janis Ian says below, I'm sure it makes more people buy a copy.
As an autumn gray settles, I stand in the middle of one of the last wildflower prairies in America. A slight breeze rustles the tan grass. I close my eyes and say a prayer to Jesus, the God of rebirth and resurrection. Then I bend at the waist, and with a strike of a match, I set the last prairie on fire. It burns like hell.
"The grass of the field alive today is thrown into the oven tomorrow," says the rebirth man. The Gospel passage comes to mind as an eight-foot-high wall of orange fire surges downwind crackling loudly and out of control. The heat from the wisps of dead grass is terrific. I am standing with a flapping rubber mat on a broom handle trying to contain the edges of the wall of fire as it marches across the buff-colored field. I remember another passage: "The new has come, the old is gone."
While the prairie burns, I think of machines. Gone is the old way of machines; come is the reborn nature of machines, a nature more alive than dead.
I love that he has put the whole text up online so I can cite it like this. And, as Janis Ian says below, I'm sure it makes more people buy a copy.
Tuesday, 2 July 2002
Janis Ian on copying
Janis Ian takes up where Courtney Love left off
If you think about it, the music industry should be rejoicing at this new technological advance! Here's a fool-proof way to deliver music to millions who might otherwise would never purchase a CD in a store. The cross-marketing opportunities are unbelievable. It's instantaneous, costs are minimal, shipping non-existant?a staggering vehicle for higher earnings and lower costs. Instead, they're running around like chickens with their heads cut off, bleeding on everyone and making no sense. As an alternative to encrypting everything, and tying up money for years (potentially decades) fighting consumer suits demanding their first amendment rights be protected (which have always gone to the consumer, as witness the availability of blank and unencrypted VHS tapes and casettes), why not take a tip from book publishers and writers?
And
One other major point: in the hysteria of the moment, everyone is forgetting the main way an artist becomes successful - exposure. Without exposure, no one comes to shows, no one buys CDs, no one enables you to earn a living doing what you love. Again, from personal experience: in 37 years as a recording artist, I've created 25+ albums for major labels, and I've never once received a royalty check that didn't show I owed them money. So I make the bulk of my living from live touring, playing for 80-1500 people a night, doing my own show. I spend hours each week doing press, writing articles, making sure my website tour information is up to date. Why? Because all of that gives me exposure to an audience that might not come otherwise. So when someone writes and tells me they came to my show because they'd downloaded a song and gotten curious, I am thrilled!
Go over there now and read the whole thing.
If you think about it, the music industry should be rejoicing at this new technological advance! Here's a fool-proof way to deliver music to millions who might otherwise would never purchase a CD in a store. The cross-marketing opportunities are unbelievable. It's instantaneous, costs are minimal, shipping non-existant?a staggering vehicle for higher earnings and lower costs. Instead, they're running around like chickens with their heads cut off, bleeding on everyone and making no sense. As an alternative to encrypting everything, and tying up money for years (potentially decades) fighting consumer suits demanding their first amendment rights be protected (which have always gone to the consumer, as witness the availability of blank and unencrypted VHS tapes and casettes), why not take a tip from book publishers and writers?
And
One other major point: in the hysteria of the moment, everyone is forgetting the main way an artist becomes successful - exposure. Without exposure, no one comes to shows, no one buys CDs, no one enables you to earn a living doing what you love. Again, from personal experience: in 37 years as a recording artist, I've created 25+ albums for major labels, and I've never once received a royalty check that didn't show I owed them money. So I make the bulk of my living from live touring, playing for 80-1500 people a night, doing my own show. I spend hours each week doing press, writing articles, making sure my website tour information is up to date. Why? Because all of that gives me exposure to an audience that might not come otherwise. So when someone writes and tells me they came to my show because they'd downloaded a song and gotten curious, I am thrilled!
Go over there now and read the whole thing.
Meta patties
Not much uptake on my anti-spam plan, so here's another:
Combine Vipul's Razor with lawsuits against spammers
When you get spam, you forward it to a special email address, which aggregates it and keeps your address. When there are enough copies to justify a case, the lawyers track down the spammer and file a class action, using whichever spam laws apply. They disperse the damages back via PayPal, keeping a percentage themselves.
Combine Vipul's Razor with lawsuits against spammers
When you get spam, you forward it to a special email address, which aggregates it and keeps your address. When there are enough copies to justify a case, the lawyers track down the spammer and file a class action, using whichever spam laws apply. They disperse the damages back via PayPal, keeping a percentage themselves.
DRM - Dubious Restrictions Mandated
I know I go on about DRM a bit, but other people are starting to as well. Here's A lawyer's view of DRM and, much more succinctly, Dave Winer saying (as I do) that it will fail because no-one will pay for it.
Tuesday, 25 June 2002
Music radios corruption
Continuing the radio theme, Salon describes how the labels are fed up with bribing the radio stations to play their records, but dare not stop. This inspired namespan on slashdot to imagine their thinking:
exec #1: Boy, who would have thought our payola efforts would have come back to haunt us like this?
exec #2: Not me! Sure miss the old days when a smaller amount of our billions bought way more influence.
exec #1: This whole consolidated radio network thing stinks. I wish we could just get rid of radio.
exec #2: But we NEED radio to keep distributing free music so people will want to buy CDs!
exec #1: I know. I just can't get around that. If only there were some other avenue for distributing our music freely so that people could listen to it and decide they want to buy it.
[silence]
exec #2: Well, the good news is that we've managed to successfully shut down Napster and some of its ilk. At least we'll have more money from those sales we would have lost to make the payola!
exec #1: Maybe we could sue Clear Channel, or lobby congress for a new law that would favor us! You're brilliant, #2!
Monday, 24 June 2002
radio days
Doc said of my idea below I think it wouldn't be radio, exactly. Also that it would preclude the old-fashioned radio art of talking over parts of a tune.
Of course it wouldn't be radio. Internet Radio isn't radio. Let me tell you about what radio means to me.
I grew up in England in the 60s and 70s listening to radio - Listen With Mother on Radio 4 every day - the nice lady would say 'Are you sitting comfortably?' in her perfect RP tones, 'Yes!' I'd reply, leaning forwards toward the set - a big old yellow bakelite and burled wood Valve set my parents had brought back from Sweden, with lots of shortwave bands and European stations marked on it in Swedish, and a special green-glowing valve set into the front to indicate signal strength - 'Good, then I'll begin.'
Radio 4 was on long wave only then, and was used to send shipping forecasts to ships at sea just before every hour. These were hypnotic, like dada poetry, 'Tyne, Dogger, German Bight, seven. Rising more slowly. Good. Channel Light Vessel Automatic, five rising six. Fair. Pip Pip Pip Pip Peeeep. This is BBC Radio 4 It is 1pm Greenwich Mean Time. Here is the news...'
At 12.27 every day, just after the news, and before 'The World at One' did its stentorian current affairs roundup, a panel game would be aired - 'Just a Minute', 'Brain of Britain', 'Round the Horne', later 'The News Quiz ', but always to be hoped for 'I'm Sorry I Haven't a Clue', whose sublime improvised silliness satirized the rest of them very well.
Later, when I was 11 or so, I remember lying in bed at 11.30pm with a small transistor set and an earpiece, listening to the first broadcast of 'The Hitch-Hikers Guide to the Galaxy'. Shortly afterwards I became hooked on the Top 40 chart show, broadcast on Radio 1 on Sunday afternoons for two hours. This was the one and only national chart that mattered, and I wrote down each weeks list in a little notebook, and sat poised at my radio/cassette to record the songs I liked onto tape. Talking over parts of the tune was a curse, and not appreciated at all.
What I did appreciate was Kenny Everret's show on Capital, the London Independent station, which must have taken him most of the week to mix and prepare, combining current and classic music with bizzare sound effects, running gags and more inspired silliness.
These days, I would never think to turn on the radio in the house - it something I listen to while driving, generally KQED, and there are programs there I enjoy, such as 'This American Life', but they aren't part of the cultural fabric of the era for me like the state monopoly radio stations of my youth.
Web radio is no more radio than blogging is journalism - there are some commonalities in the form and the media (sound, words) involved, but the dynamic is going to be different.
Part of what enabled the web to explode was the ability to easily and universally cite a particular page and discuss it, freely and without permission, and with no endorsement implied. If you misrepresent or unfairly attack someone you link to, your readers can follow the link and see for themselves whom they find more persuasive. That NPR is attempting to disallow this shows a shocking misunderstanding of the power of this new freedom.
This is what we need for other media - a canonical, universal way to refer to a particular piece of music or other recording, that we can excerpt and link to as part of our own creation. Sending compressed copies of tunes synchronously once to a few listeners is imposing the limitations of radio onto a new medium that has the potential to be far more flexible and expressive - it is like early cinema, where a single fixed camera would film a whole play, with the proscenium arch neatly framed in the shot.
Of course it wouldn't be radio. Internet Radio isn't radio. Let me tell you about what radio means to me.
I grew up in England in the 60s and 70s listening to radio - Listen With Mother on Radio 4 every day - the nice lady would say 'Are you sitting comfortably?' in her perfect RP tones, 'Yes!' I'd reply, leaning forwards toward the set - a big old yellow bakelite and burled wood Valve set my parents had brought back from Sweden, with lots of shortwave bands and European stations marked on it in Swedish, and a special green-glowing valve set into the front to indicate signal strength - 'Good, then I'll begin.'
Radio 4 was on long wave only then, and was used to send shipping forecasts to ships at sea just before every hour. These were hypnotic, like dada poetry, 'Tyne, Dogger, German Bight, seven. Rising more slowly. Good. Channel Light Vessel Automatic, five rising six. Fair. Pip Pip Pip Pip Peeeep. This is BBC Radio 4 It is 1pm Greenwich Mean Time. Here is the news...'
At 12.27 every day, just after the news, and before 'The World at One' did its stentorian current affairs roundup, a panel game would be aired - 'Just a Minute', 'Brain of Britain', 'Round the Horne', later 'The News Quiz ', but always to be hoped for 'I'm Sorry I Haven't a Clue', whose sublime improvised silliness satirized the rest of them very well.
Later, when I was 11 or so, I remember lying in bed at 11.30pm with a small transistor set and an earpiece, listening to the first broadcast of 'The Hitch-Hikers Guide to the Galaxy'. Shortly afterwards I became hooked on the Top 40 chart show, broadcast on Radio 1 on Sunday afternoons for two hours. This was the one and only national chart that mattered, and I wrote down each weeks list in a little notebook, and sat poised at my radio/cassette to record the songs I liked onto tape. Talking over parts of the tune was a curse, and not appreciated at all.
What I did appreciate was Kenny Everret's show on Capital, the London Independent station, which must have taken him most of the week to mix and prepare, combining current and classic music with bizzare sound effects, running gags and more inspired silliness.
These days, I would never think to turn on the radio in the house - it something I listen to while driving, generally KQED, and there are programs there I enjoy, such as 'This American Life', but they aren't part of the cultural fabric of the era for me like the state monopoly radio stations of my youth.
Web radio is no more radio than blogging is journalism - there are some commonalities in the form and the media (sound, words) involved, but the dynamic is going to be different.
Part of what enabled the web to explode was the ability to easily and universally cite a particular page and discuss it, freely and without permission, and with no endorsement implied. If you misrepresent or unfairly attack someone you link to, your readers can follow the link and see for themselves whom they find more persuasive. That NPR is attempting to disallow this shows a shocking misunderstanding of the power of this new freedom.
This is what we need for other media - a canonical, universal way to refer to a particular piece of music or other recording, that we can excerpt and link to as part of our own creation. Sending compressed copies of tunes synchronously once to a few listeners is imposing the limitations of radio onto a new medium that has the potential to be far more flexible and expressive - it is like early cinema, where a single fixed camera would film a whole play, with the proscenium arch neatly framed in the shot.
Classical delusions
Given the name of my weblog, I may not in a strong position to make fun of technologists' classical allusions, but I suggest that the Microsoft engineer who came up with Palladium go and read Robert Graves' 'the Greek Myths'.
The Palladium was a statue built by Athene to memorialise her friend Pallas, who she accidentally killed during a tournament. Perhaps this is Microsoft's memorial to the open Internet?
One of the claims they make:
Controls your information after you send it . Palladium is being offered to the studios and record labels as a way to distribute music and film with �digital rights management� (DRM). This could allow users to exercise �fair use� (like making personal copies of a CD) and publishers could at least start releasing works that cut a compromise between free and locked-down. But a more interesting possibility is that Palladium could help introduce DRM to business and just plain people. �It�s a funny thing,� says Bill Gates. �We came at this thinking about music, but then we realized that e-mail and documents were far more interesting domains.� For instance, Palladium might allow you to send out e-mail so that no one (or only certain people) can copy it or forward it to others. Or you could create Word documents that could be read only in the next week. In all cases, it would be the user, not Microsoft, who sets these policies.
This is the crux of the hubris. This is about trusting computers more than people. The Palladium hardware/software in the reader's computer becomes your trusted counterparty, not the person reading the document.
Anyone not running Palladium will not see your document at all. While this may be very attractive to Bill Gates, given what his emails have shown of his plans when read out in court, most of us have different needs.
We are more concerned about persuading people to read our thoughts than preventing them, and through bitter experience we trust people with our inner secrets more than computers.
The Palladium was a statue built by Athene to memorialise her friend Pallas, who she accidentally killed during a tournament. Perhaps this is Microsoft's memorial to the open Internet?
One of the claims they make:
Controls your information after you send it . Palladium is being offered to the studios and record labels as a way to distribute music and film with �digital rights management� (DRM). This could allow users to exercise �fair use� (like making personal copies of a CD) and publishers could at least start releasing works that cut a compromise between free and locked-down. But a more interesting possibility is that Palladium could help introduce DRM to business and just plain people. �It�s a funny thing,� says Bill Gates. �We came at this thinking about music, but then we realized that e-mail and documents were far more interesting domains.� For instance, Palladium might allow you to send out e-mail so that no one (or only certain people) can copy it or forward it to others. Or you could create Word documents that could be read only in the next week. In all cases, it would be the user, not Microsoft, who sets these policies.
This is the crux of the hubris. This is about trusting computers more than people. The Palladium hardware/software in the reader's computer becomes your trusted counterparty, not the person reading the document.
Anyone not running Palladium will not see your document at all. While this may be very attractive to Bill Gates, given what his emails have shown of his plans when read out in court, most of us have different needs.
We are more concerned about persuading people to read our thoughts than preventing them, and through bitter experience we trust people with our inner secrets more than computers.
Saturday, 22 June 2002
How to save net radio
Reading the CARP terms and 17:114 conditions again, I think I see a way to save internet radio and improve it at the same time.
The statutory licensing says the radio station can't be interactive, and needs to send song title etc information, but not in advance- you musn't know what is coming up.
In practice, on the radio you'll often hear a song you own - when Sirens of Song is playing Dido, I probably have a higher quality version on my hard drive already.
So how about the radio station sending just an id defining the song to play - a CDDB id would work fine. If the client on my end knows I have it, it plays the local copy; only if I don't have it locally does it tune in to the radio station to stream it. Because of clauses C ii & xi, you'd have to miss the very beginning of the song this way (no advance notification), but you could keep this down to a couple of ping round-trips.
As the radio station pays per performance, it only pays for performing songs I don't already have, and saves a chunk of bandwidth as well as fees.
The client can help you buy the songs you don't own as a high-quality download or CD.
The statutory licensing says the radio station can't be interactive, and needs to send song title etc information, but not in advance- you musn't know what is coming up.
In practice, on the radio you'll often hear a song you own - when Sirens of Song is playing Dido, I probably have a higher quality version on my hard drive already.
So how about the radio station sending just an id defining the song to play - a CDDB id would work fine. If the client on my end knows I have it, it plays the local copy; only if I don't have it locally does it tune in to the radio station to stream it. Because of clauses C ii & xi, you'd have to miss the very beginning of the song this way (no advance notification), but you could keep this down to a couple of ping round-trips.
As the radio station pays per performance, it only pays for performing songs I don't already have, and saves a chunk of bandwidth as well as fees.
The client can help you buy the songs you don't own as a high-quality download or CD.
Thursday, 20 June 2002
CARP decides
The Library of Congress's decision on the CARP webcasting rates is up
The most significant difference between the CARP's determination and the Librarian's decision is that the Librarian has abandoned the CARP's two-tiered rate structure of 0.14c per performance for 'internet-only' transmissions and 0.07c for each retransmission of a performance in an AM/FM radio broadcast, and has decided that the rate of 0.07c will apply to both types of transmission. Some of the rates for noncommercial broadcasters have also been decreased, and the fee webcasters and broadcasters must pay for the making of ephemeral recordings has been reduced from 9% of the performance fees to 8.8%. The minimum payment for business establishment services was increased to $10,000.
So, the basic structure still stands, the webcasters are still charged huge back royalties,and they still don't have the freedom to offer interactive programming in any meaningful way. The logic of record companies of paying thousands to get airplay on the radio, but trying to extract thousands for wireplay on the net escapes me still. Here are the terms of the licence, which have lots of vague clauses about DRM type stuff that look as if they were deliberately written to be only settleable in court at great cost:
(v) the transmitting entity cooperates to prevent, to the extent feasible without imposing substantial costs or burdens, a transmission recipient or any other person or entity from automatically scanning the transmitting entity's transmissions alone or together with transmissions by other transmitting entities in order to select a particular sound recording to be transmitted to the transmission recipient, except that the requirement of this clause shall not apply to a satellite digital audio service that is in operation, or that is licensed by the Federal Communications Commission, on or before July 31, 1998;
Is this an Anti-TiVo clause?
(vi) the transmitting entity takes no affirmative steps to cause or induce the making of a phonorecord by the transmission recipient, and if the technology used by the transmitting entity enables the transmitting entity to limit the making by the transmission recipient of phonorecords of the transmission directly in a digital format, the transmitting entity sets such technology to limit such making of phonorecords to the extent permitted by such technology;
viii) the transmitting entity accommodates and does not interfere with the transmission of technical measures that are widely used by sound recording copyright owners to identify or protect copyrighted works, and that are technically feasible of being transmitted by the transmitting entity without imposing substantial costs on the transmitting entity or resulting in perceptible aural or visual degradation of the digital signal, except that the requirement of this clause shall not apply to a satellite digital audio service that is in operation, or that is licensed under the authority of the Federal Communications Commission, on or before July 31, 1998, to the extent that such service has designed, developed, or made commitments to procure equipment or technology that is not compatible with such technical measures before such technical measures are widely adopted by sound recording copyright owners;
The most significant difference between the CARP's determination and the Librarian's decision is that the Librarian has abandoned the CARP's two-tiered rate structure of 0.14c per performance for 'internet-only' transmissions and 0.07c for each retransmission of a performance in an AM/FM radio broadcast, and has decided that the rate of 0.07c will apply to both types of transmission. Some of the rates for noncommercial broadcasters have also been decreased, and the fee webcasters and broadcasters must pay for the making of ephemeral recordings has been reduced from 9% of the performance fees to 8.8%. The minimum payment for business establishment services was increased to $10,000.
So, the basic structure still stands, the webcasters are still charged huge back royalties,and they still don't have the freedom to offer interactive programming in any meaningful way. The logic of record companies of paying thousands to get airplay on the radio, but trying to extract thousands for wireplay on the net escapes me still. Here are the terms of the licence, which have lots of vague clauses about DRM type stuff that look as if they were deliberately written to be only settleable in court at great cost:
(v) the transmitting entity cooperates to prevent, to the extent feasible without imposing substantial costs or burdens, a transmission recipient or any other person or entity from automatically scanning the transmitting entity's transmissions alone or together with transmissions by other transmitting entities in order to select a particular sound recording to be transmitted to the transmission recipient, except that the requirement of this clause shall not apply to a satellite digital audio service that is in operation, or that is licensed by the Federal Communications Commission, on or before July 31, 1998;
Is this an Anti-TiVo clause?
(vi) the transmitting entity takes no affirmative steps to cause or induce the making of a phonorecord by the transmission recipient, and if the technology used by the transmitting entity enables the transmitting entity to limit the making by the transmission recipient of phonorecords of the transmission directly in a digital format, the transmitting entity sets such technology to limit such making of phonorecords to the extent permitted by such technology;
viii) the transmitting entity accommodates and does not interfere with the transmission of technical measures that are widely used by sound recording copyright owners to identify or protect copyrighted works, and that are technically feasible of being transmitted by the transmitting entity without imposing substantial costs on the transmitting entity or resulting in perceptible aural or visual degradation of the digital signal, except that the requirement of this clause shall not apply to a satellite digital audio service that is in operation, or that is licensed under the authority of the Federal Communications Commission, on or before July 31, 1998, to the extent that such service has designed, developed, or made commitments to procure equipment or technology that is not compatible with such technical measures before such technical measures are widely adopted by sound recording copyright owners;
Wednesday, 19 June 2002
Music piracy not hurting recording industry after all
Michael Fraase notices thatMusic piracy not hurting recording industry after all
The short-term solution for the recording industry is simple: continue to sell your units of atoms in the form of CDs at about one-half the current prices and sell all-you-can-eat subscriptions to the component bits - the real, complete, open, non-DRM, and non-protected bits - on the net at, say, US$30 per month. Oh, and realize that your days are numbered in any case. The smartest artists and fans have already realized that they don't need you.
Good summary and links to things I cover below.
The short-term solution for the recording industry is simple: continue to sell your units of atoms in the form of CDs at about one-half the current prices and sell all-you-can-eat subscriptions to the component bits - the real, complete, open, non-DRM, and non-protected bits - on the net at, say, US$30 per month. Oh, and realize that your days are numbered in any case. The smartest artists and fans have already realized that they don't need you.
Good summary and links to things I cover below.
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