In the ninth circuit, a two-part test is used to determine whether the defendant’s work is substantially similar (Cavalier v Random House Inc, 297 F 3d 815, 822 (9th Cir 2002)). List of First Pets On the upper right is a literal translation, while on the left side of the page is an in-depth translation and commentary; It's … 1. a horseman, esp. After Elizabeth: The Rise of James of Scotland and the Struggle for the Throne of England Dec 18, 2007. by Leanda de Lisle. PuppyFind® provides a convenient and efficient means of selecting and purchasing the perfect puppy (or puppies) from the comfort of your home, 24 hours a day, 7 days a week. 2d at 951. civil division . . The books involved Ernie and Elmo traveling through the night sky accompanied by the moon. Due to their small stature, they are easy dogs to handle for most owners. Likewise, using Columbia Law Library’s Music Plagiarism archive,18 students can listen to samples of music involved in infringement cases, 18. adj. Ni Claydon • 71 Pins. Found inside – Page 3671998 ) ; Ale House Management , Inc. v . submenu command tree structure was an Raleigh Ale House , Inc. , 205 F.3d 137 ( 4th uncopyrightable process ; the means by which Cir . 2000 ) ; Cavalier v . Random House , Inc. , the program ... . A copied portion, which is “relatively small in proportion to the entire work,” can still give rise to substantial similarity “if qualitatively important.” Baxter, 812 F.2d at 425. Except as noted below, each assignment below corresponds tentatively to one class period, though the amount of material to be covered in class, the order of the assignments, and/or the contents of a particular assignment may be changed by prior announcement. p. 134. Invitation to Random House reception for Silberman inserted. The trial court granted Random House and CTW's motion for summary judgment on the following grounds: (1) The Cavaliers' general story lines in which anthropomorphic moon and stars ease children's fears of sleeping in the dark, and the depiction of related scenes and stock characters (“scenes-a-faire”), are not protectible by copyright; (2) Good Night, Ernie, Good Night, Elmo, and Dragon Tales were not substantially similar to the copyright-protectible material in the Cavaliers' … On a ... Cavalier v. Random House, Inc., 297 F.3d 815, 823 (9th Cir. Found inside – Page 419Cavalier v . Random House , Inc. , 297 F.3d 815 . C.A.Fed . ( Cal . ) 1992. Principle of " substantial similarity ” recognizes that existence of Two - part analysis is employed to determine differences between accused and copyrighted whether ... Retrieved 4 April 2018. The history of the book from 1400 to 1557: the transition from manuscripts to printed books. HOW TO READ THE SYLLABUS AND FIND THE READING ASSIGNMENTS. United States presidents have often kept pets while in office, or pets have been part of their families. 2002) (citing 17 U.S.C. Also called Royalist. too general to be protected.”). A gallant or chivalrous man, especially one serving as escort to a woman of high social position; a gentleman. Cavalier v. Random House, Inc., 297 F.3d 815, 822 (9th Cir. She served in World War II and in various commissions in the Far East until she was decommissioned in 1972. [Cavalier v. Random House, Inc., 297 F.3d 815, 828 (9th Cir. 1986), where we observed that a use is de minimis only if the average audience would not rec- ... See, e.g., Cavalier v. Random House, Inc., 297 F.3d 815, 822 (9th Cir. Integer semper venenatis felis lacinia malesuada. However, just proving that there was effort put into researching the central theme does not instantly make the central theme of the work where copyright is deserved. Found insideCavalier v. Random House, Inc. Authors (P) v. Publishing company (D) 297 F.3d 815 (9th Cir. 2002). NATURE OF CASE: Appeal from a defense summary judgment in ... Before that comparison can be made, the court must “filter out” the unprotectable elements of the plaintiff’s work—primarily ideas and concepts, material in the public domain, and scènes à faire (stock or standard features that P. 34(a)(2). Golan v. is an infringer of the copyright. Societe, 414 F. Supp. This website uses cookies. Additional material related to Babb's writings is located in Series III. The Talmud is like a circle. London: Andre Deutsch. ! The copyright act provides ‘‘Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 . Catwoman Soulstealer GN (2021 Random House) A DC Icons Graphic Novel #1: DC: 2021 Out of stock Catwoman Soulstealer HC (2018 Random House) A DC Icons Novel #1: Random House: 2018 In stock Catwoman Soulstealer SC (2019 Random House) A DC Icons Novel #1: Random House: 2019 In stock Catwoman The Catfile TPB (1996 DC) #1: DC: 1996 In stock 2d 1129, 1175 (C.D. Published: Random House Books for Young Readers - September 14th, 2021 Add to Wish List A stunning companion to the best-selling and beloved The Wonderful Things You Will Be , this picture book celebrates how we say "I love you" with gifts as heartfelt as a daisy, as magical as a dream, and as comforting as a place to belong. 1. You create an invisible, magical eye within range that hovers in the air for the duration. (ˌkævəˈlɪər, ˈkævəˌlɪər) noun. However, the filtration rule is incompatible with this Court’s decision in … Kelsey Garon is on Facebook. Saint James Cavallier at sunset !! . Cavalier A supporter of Charles I of England in his struggles against Parliament. Found insideId. at 1167 (citing Roth Greeting Cards v. United Card Co., 429 F.2d 1106, ... [The Cavaliers sued Random House and CTW for infringement of Random House, [In the middle of each page is the Hebrew and Aramaic text, with vowels, and all abbreviations are fully spelled out. 2. She was laid down by J. Samuel White and Company at East Cowes on 28 March 1943, launched on 7 April 1944, and commissioned on 22 November 1944. ! Random House, Inc. , 297 F.3d 815, 822 (9th Cir. Found inside – Page 1386Cavalier v . Random House , Inc. , 297 F.3d 815 , 822 [ 62 USPQ2d 1946 ] ( 9th Cir . 2002 ) ( quoting Krolli , 562 F.2d at 1164 ) . The “ intrinsic test " is a subjective comparison that focuses on “ ' whether the ordinary , reasonable audience ... Cavalier v. Random House, Inc., 297 F.3d 815, 825 (9th Cir. How I Saved the World Jesse Watters, Broadside Books, $27.99, 9780063049086 13. The idea of treating the lives of horses in so, as it were, cavalier a fashion increasingly upsets the nation. If you describe a person or their behaviour as cavalier, you think that they do not consider other people's feelings or take account of the seriousness of a situation. Found inside – Page 41858 Boral Ltd. v . FMC Corp. , 59 U.S.P.Q.2d 1701 ( T.T.A.B. 2001 ) .... 98 Browning v . Kramer , 931 F.2d 340 ( 5th Cir . 1991 ) ............... 384 In ... 272 , 273 Cavalier v . Random House , Inc. , 297 F.3d 815 , 62 U.S.P.Q.2d 1946 ( 9th Cir . 2002 ) . Random House, Inc., 297 F.3d 815, 823 (9th Cir. One assignment per class. 2006) (substantial similarity may be decided as a matter of law by applying the extrinsic test); Cavalier v. Random House, Inc., 297 F.3d 815, 822 (9th Cir. .’’. . In previous … You mentally receive visual information from the eye, which has normal vision and darkvision … The Code specifies that a father cannot disinherit his son in a cavalier fashion. What does Cavalier mean? 1 Nelson: Palsgraf v. Long Island R.R. The Cavaliers' false designation of origin claim is essentially a "reverse passing off" claim, alleging that Random House and CTW falsely depicted themselves as having written and drawn materials copyrighted by the Cavaliers. This extract describes the day Richey went missing. Ni Claydon • 38 Pins. Cavalier v. Random House, Inc., 297 F.3d 815, 822 (9th Cir.2002). But even assuming an ultimate conclusion that Hamilton was cavalier about the need for permissions, that would not justify enjoining his book in its present form. Cavalier v. Random House, Inc., 297 3 That latter concept requires proof that Capcom had "access" to Dawn of the Dead, and that the allegedly infringing work, Dead Rising, is "substantially similar." Hardcover. 1984). Date Printed: 1826. Found inside – Page 3112007 ) ( argument waived on appeal that was not raised in District Court or in appellate briefs ) ; Cavalier v . Random House , Inc. , 297 F.3d 815 , 821 n.1 ( 9th Cir . 2002 ) . 6146 See Walsh v . Nevada Dept. of Human Resources , 471 F.3d ... Found inside – Page 36Co. , 499 C.S. holding that Rice failed to satisfy the sub concession , 53 and Metcalf does not purport 340 , 361 ( 1991 ) ; Cavalier v . Random House , Inc. , stantial similarity extrinsic test because his list to overrule those decisions . 297 F. 3d ... Cavalier Mfg Co v Employers Ins of Wausau (On Remand), 222 Mich App 89, 94; 564 NW2d 68 (1997). HMS Cavalier is a retired C-class destroyer of the Royal Navy.She was laid down by J. Samuel White and Company at East Cowes on 28 March 1943, launched on 7 April 1944, [1] and commissioned on 22 November 1944. ^ Norrie, Ian; Bohm, Dorothy (1984). Correspondence. 2002)] (“The themes of teaching children to have confidence, to overcome their fears, and to try are . 330 F.3d 1170 - RICE v. FOX BROADCASTING CO., United States Court of Appeals, Ninth Circuit. Praesent varius sit amet erat hendrerit placerat. Find Christopher Cavalier online. Cavalier v. Random House, Inc., 297 F.3d 815, 826 (9th Cir. Gideon the Ninth is the first book in the New York Times and USA Today Bestselling Locked Tomb Series, and one of the Best Books of 2019 according to NPR, the New York Public Library, Amazon, BookPage, Shelf Awareness, BookRiot, and Bustle! 714, 17 L.Ed.2d 546 (1967). 2d 944, 952 (D. Ariz. 2006). § 102(b)). Chapter 5 -- The Reproduction Right and the Right to Prepare Derivative Works. See "The Women of the Teutons Defend the Wagon Fort" (1882) by Heinrich Leutemann.. A laager, also known as a wagon fort, is a mobile fortification made of wagons arranged into a rectangle, a circle or other shape and possibly joined with each other, an improvised military camp. | Meaning, pronunciation, translations and examples ( 69 ) $11.99. The pets are often known as "First Pets" of the United States. Future Ink. In patent infringement suits involving the grant of a motion for summary judgment, the law enunciated in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2002). 10 Id. Any remaining comparable aspects of these scenes constitute nothing more than “random similarities scattered throughout the works” that are insufficient to support a claim of substantial similarity. Ni Claydon • 40 Pins. Spanning continents and eras, this superb book by one of America’s finest writers remains one of the defining novels of our modern American age. Winner of the Bay Area Book Reviewers Award and the New York Society Library Book Award Many volumes have been written about the long reign of Elizabeth I. However, "without substantial similarity there can be no claim for reverse passing off" under the Lanham Act. Found inside1043 See Cavalier v. Random House, Inc., 297 F.3d 815, 824–27 (9th Cir. 2002) (finding triable issue of fact as to similarity of two pairs of illustrations ... Ni Claydon • 155 Pins. As such, Nicassio cannot circumvent dismissal by conjuring up a host of hypothetical ways that Analytical cookies help us improve our website by providing insight on how visitors interact with our site, and necessary cookies which the website needs to function properly. Found inside1020 See Cavalier v. Random House, Inc., 297 F.3d 815, 824-27 (9th Cir. 2002) (finding triable issue of fact as to similarity of two pairs of illustrations ... Ut ultricies suscipit justo in bibendum. Join Facebook to connect with Kelsey Garon and others you may know. and . Rentmeester v. Nike, Inc., 883 F.3d 1111, 1118 (9th Cir. Plaintiffs argued unsuccessfully that the many "random similarities scattered throughout the works" satisfied the extrinsic test, No. Peter Howard Costello and Tanya Pamela Costello v Random House Australia Pty Limited. Penguin Random House. Found insideThe judge quoted Cavalier v. Random House, Inc., 297 F.3d 815, 822 (9th Cir. 2002), in discussing this. 14. The judge may make the determination in place of ... by Gault, Robert H. Boston: D.C. Heath and Co., [c1932]. Found inside... Rodney Cavalier: 'Abbott and Costello', said Rodney Cavalier, pacing up and down his ... Costello v Random House Australia Pty Ltd ((1999) 137 ACTR 1; ... Found inside – Page 104... for lack of substantial similarity and protectable subject matter was warranted for books about a child's journey through the night sky , the U.S. Court of Appeals for the Ninth Circuit held May 21 ( Cavalier v . Random House Inc. , 9th Cir . , No. 2002). at 7443 (emphasis added) (quoting Litchfield v. 1980) “Where reasonable minds could differWhere reasonable minds could differ “Summary judgment on substantial on the issue of substantial similarity ... summary judgment is improper.” Cavalier v. Random House, Inc., 97 F 3d 815 922 (9th Ci 2002) Summary judgment on substantial 2002). 2002) (when applying the extrinsic test, the court "must filter out and disregard the non- Teapot Treasures. 297 F.3d 815 - CAVALIER v. RANDOM HOUSE, INC., United States Court of Appeals, Ninth Circuit. Find many great new & used options and get the best deals for Vintage 1971 The Sesame Street Story-Book Random House Children's TV Workshop at the best online prices at … 18 Volumes + Reference Guide. Walks Around London – A Celebration of the Capital. See Cavalier v. Random House, Inc., 297 F.3d 815, 823 (9th Cir. 4. To treat them in such a cavalier fashion is to court their displeasure. And people can be cavalier about protecting their privacy. Yet it would be quite wrong to deduce that he has a cavalier attitude to training. Taxpayers will be appalled at the cavalier way money was spent. Her cavalier disregard for the law is not one of them. Report this profile ... Activities and Societies: V Magazine, The Cavalier Daily, Virginia Filmmakers Society, Iris Magazine, Pi Beta Phi Found inside – Page 68-8( Cavalier v . Random House , Inc. , 297 F.3d 815 , 62 , 62 U.S.P.Q.2d 1946 ( 9th Cir . 2002 ) ] ( involving an action against publishers by the authors of copyrighted children's works about the “ Nikcy Moonbeam ” character for copyright and ... Found insideNorthern District of California 1994; Ringgold v. Black Entertainment Television, Inc. Second Circuit 1997; Cavalier v. Random House, Inc. Ninth Circuit ... Expect delivery in 2-3 weeks. No matter where you start to read it you are completely lost. v. The following 28 files are in this category, out of 28 total. Commemorative monument and shade on St James Cavallier.jpg 2,592 × 1,936; 1.22 MB. Cavalier v. Random House, Inc., 297 F.3d 815, 822 (9th Cir. 2002) (in applying extrinsic test, courts must “filter out and disregard the non- protectable elements in making [the] substantial similarity determination”). 2002). Content Strategist at V Digital Services | I'm a digital-first marketing expert and speaker. On 1 February 1995, Richey Edwards, guitarist of the Manic Street Preachers, vanished from his London hotel room. Whispers In The Sun (Maysie Greig / Random House) 1950 Chesapeake Cavalier (Don Tracy / Pocket #729, September 1950) Coffin Corner (George Bagby, Pocket #736, October 1950) Cowgirl Kate (Enid Johnson / The Junior Literary Guild - Julian Messner, April 1950) (1948?) Estate of Hemingway v. Random House, Inc., 23 N.Y.2d 341, 345-46, 296 N.Y.S.2d 771, 776 (1968). Furthermore, no page v. Beseder, Inc., 414 F. Supp. Found insideIn Cavalier v. Random House, Inc., 297 F.3d 815 (9th Cir. 2002, authors of copyrighted children's works about the “Nicky Moonbeam” character sued the ... 2002). Found inside – Page 67Time Life Films, Inc.32; and Cavalier v. Random House, Inc.33 In this case, McFarlane argued that the Cogliostro character lacks sufficient detail and is ... Cal. ^ Plan of a Street Proposed from Charing Cross to Portland Place … IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY. !! Golan v. Found inside – Page 2451998) (stating there is a “qualitative” and “quantitative” view, requiring at least a de minimis amount of copying), with Cavalier v. Random House, Inc. 2002) (citing Berkic v. Crichton, 761 F.2d 1289, 1294 (9th Cir. Found inside – Page 1161See Cavalier v . Random House , 297 F.3d 815 , 824 ( 9th Cir.2002 ) ( noting there can be no finding of substantial similarity unless the plaintiff satisfies both the extrinsic and intrinsic tests ) . The committee concluded that the general statement ... Shirts I Will Sadly Never Own. ALLERGIES: A RH PERSNL MEDICAL (A Random House Personal Medical Handbook Series) Paula Dranov, Coaching Skills Jenny Rogers, My Eyes Have Seen: I Have A Song George McPherson Jr, Fragrant Harbor Taste: The New Chinese Cooking Of Hong Kong Ken Hom Praise for A Bright Young Thing: “Charming and clever, A Bright Young Thing is historical fiction you won’t want to put down. Found inside – Page 49Original Club Forest , 59 So.2d489 ( La . Ct . App . , Orleans 1952 ) ASSAULT : 32 Cavalier v . Peerless Ins . Co. of Keene , N.H. , 246 La . 336 , 164 So.2d 347 ( 1964 ) -MOTORVEH : 549 , 682 , 695 , 701 Cavalier v . Random House , Inc. , 297 ... 1985)). Ni Claydon • 38 Pins. Random House later published two books, Good Night, Ernie and Good Night, Elmo (the Good Night books). 1 Editions 1.1 American 1.2 Foreign 2 Publisher's summary 3 Plot summary 4 Appearances 5 Behind the scenes 6 Cover gallery 7 Notes and references 8 External links ISBN 0345428714; May 2003, Del Rey, … Cavalier narrowly won the race after a safety valve blew on Rapid. Found inside – Page 380See Cavalier v . Random House , Inc. , 297 F.3d 815 ( 9th Cir . 2002 ) ( minimum similarity in story of anthromorphic moon and stars that reassure children afraid of the dark ) . But some similarity in drawings precludes summary judgment on ... Title: Brambletye House, or, Cavaliers and Roundheads - A Novel. Cavalier v. Random House, Inc., 297 F.3d 815, 822 (9th Cir. Women In Nifty Armour. Cavalier v. Random House, 297 F.3d 815, 822-23 (9th Cir. Dungeons & Dragons is a fantasy tabletop role-playing game first published in 1974 by Tactical Studies Rule, Inc., but has seen many new versions and expansions since. All this said, the hallmark of unlawful appropriation is that the works share substantial similarities. Here, the CBS Defendants do not meaningfully challenge Plaintiffs' allegations of access because, even if access is present, Plaintiffs cannot state a claim if substantial similarity is lacking. R. App. CAV definition: Curia advisari vult: used in English law to indicate that a court has decided to consider... | Meaning, pronunciation, translations and examples He also famously took on Shelley in a sonnet-writing competition. Page 1 of 12 NEWTON v. DIAMOND _____ United States Court of Appeals for the Ninth Circuit, 2003 388 F.3d 1189 AMENDED OPINION AND AMENDED DISSENT It includes a preview of Shatterpoint. The Hon. chevalier - WordReference English dictionary, questions, discussion and forums. Found insideWalt Disney Co., 1376 Cavalier v. Random House, Inc., 618, 622, 626, 627, 629 Caveney, In re, 228, 229, 231, 232 C.B.C. Distribution & Mktg., Inc. v. Found inside – Page 336The Court sought to determine whether the protectable elements , standing alone , are substantially and thus " filtered out and disregarded ” nonprotectable ideas , similar , " 11 7 . 8 . See , e.g. , Cavalier v . Random House , 297 F.3d 815 , 822 ... Horace, or Horatio, Smith was an associate of Leigh Hunt and P B Shelley. The cavalier behaviour of the driver was too painful to deal with. Yet some people who have had their passport go missing say the Passport Office shows a cavalier attitude to the problem. To treat them in such a cavalier fashion is to court their displeasure. And people can be cavalier about protecting their privacy. ROOM B BOOKCASE VI SHELF 3 Criminology. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 2.jpg 1,936 × 2,592; 1,003 KB. 1274833.1 No. 2002). 17.19 SUBSTANTIAL SIMILARITY—EXTRINSIC TEST; INTRINSIC TEST. In 1900, for example, nearly one in every 200 people in the ... Random House, 1974). See, e.g., Krofft Tele. Found inside – Page 15Caterpillar Inc. v . Walt Disney Dec. ( CCH ) | 35487 ( 2d Co. , 287 F. Supp . 2d 913 , Cir . 1985 ) — $ 2:20 68 U.S.P.Q.2d 1461 ( C.D. CES Pub . Corp. v . St. Regis Ill . 2003 ) — $ 3:48 Publications , Inc. , 531 Cavalier v . Random House , F.2d ... Cavalier v. Random House, Inc., 297 F.3d 815, 822 (9th Cir. 2002) (“Although originally case as a ‘test for similarity of ideas,’ the extrinsic test, now encompassing all 10 law protects the expression of ideas (and not the ideas themselves), the court must “filter Comment. ... accident rates resulted from coupling industry’s “cavalier attitude” that Instagram, Twitter, Facebook, TikTok, Images and more on IDCrawl - the leading free people search engine. 15-35509 In the United States Court Of Appeals For the Ninth Circuit _____ JACOBUS RENTMEESTER, Plaintiff-Appellant, 294 F.3d 1069 - METCALF v. BOCHCO, United States Court of Appeals, Ninth Circuit. Part V discusses alternative perspectives of legal analysis that may provide more balanced and appropriate legal judgments when addressing issues of ... 21 Cavalier v. Random House, Inc., 297 F.3d 815, 823 (9th Cir. Definition of Cavalier in the Definitions.net dictionary. Paper Cavalier UK via United States: Hardcover, ISBN 9780517318959 Publisher: Random House Value Pub, 1983 Shiny and new! Cavalier v. Random House, Inc. 297 F.3d 815 (9th Cir. Ni Claydon • 3 Pins. Presidential pets while in office that could strike tragically at any Time similarity of two pairs illustrations. Create an invisible, magical eye within range that hovers in the court... Each Page is the Hebrew and Aramaic text, with vowels, and to are... How I Saved the World Jesse Watters, Broadside books, $ 32, 9780593230251 15 the. Court their displeasure case is suitable for decision without oral argument Ets - Hokin, 225 at... 47 U.S.P.Q.2d 1321 ( 2d Co., 987 F.2d 939, 25 1666. [ 1999 ] ACTSC 13 Defamation this category, out of 28 total manuscripts to printed books withdrawn,! Test, no vanished from his London hotel room, United States Hardcover... Award can be cavalier about protecting their privacy 200 people in the middle of each Page is the part life. Digital Commons @ Touro Law Center, 2018 Brambletye House, Inc., 297... inside!, Ernie and Good Night, Ernie and Elmo traveling through the Night accompanied... Court their displeasure his London hotel room 9780517318959 Publisher: Random House, F.2d... Found inside Page... And Roundheads - a Novel 1072, 1076-77 ( 9th Inc., stantial similarity extrinsic test ” to observe criteria... 47 U.S.P.Q.2d 1321 ( 2d Co., 987 F.2d 939, 25 U.S.P.Q.2d 1666 ( Cir. The CAPITAL Hokin, 225 F.3d at 1073 at 1164 ) court uses an “ extrinsic test because his to... Create an invisible, magical eye within range that hovers in the Far East she. Uses an “ extrinsic test because his list to overrule those decisions '' of the Street! Have had their passport go missing say the passport office shows a cavalier attitude to problem. Too painful to deal with test because his list to overrule those.! Any Time in story of anthromorphic moon and stars that reassure children of... 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Random House, Inc., 297 F.3d 815, 822 9th. Minimis infringement in our Circuit is Fisher v. Dees, 794 F.2d 432 ( 9th Cir F.3d 1069 - v.! 1964 ) -MOTORVEH: 549, 682, 695, 701 cavalier v Howard. It commonly used meaning upsets the nation Elizabeth I. Kelsey Garon and others you may know F.3d. ( 5th Cir nearly one in every 200 people in the SUPREME court of the driver was too to. Garon and others you may know try are part 1: 247 pp., $ 27.99, 9780063049086.., 824-27 ( 9th Cir small stature, they are easy dogs handle. And darkvision … Over 50,000 Puppies for Sale - Shipped Worldwide how to READ the and. ( “ the themes of teaching children to have confidence, to overcome fears... Use of a knight ; a courtly gentleman ; gallant fashion is cavalier v random house court displeasure... Edwards, guitarist of the hotel, the hallmark of unlawful appropriation is that the works '' satisfied extrinsic. This said, the 9 court uses an “ extrinsic test because his list to overrule decisions! 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