ans paper 3 final
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Copyrights and its related Rights and Information Technology Related
Intellectual Property Right
Ques.No.1 Give a detail account of licensing of a copyright with suitable examples.
Ans.No.1: The Copyright Act and rules made there under contain elaborate provisions regardinglicensing of Copyright. Licensing under the copyright law can be either voluntary or non-
voluntary. Licensing can be done not only with respect to the existing work but also with respect
to the future works.
Voluntary Licensing: The owner of the Copyright in any existing or future work may grant any
interest in the right by license. As regards the future works the license shall take effect only when
the works comes into existence. For a license to be valid it must be in writing and signed by
either the owner or his duly authorized agent.
Compulsory Licensing : Compulsory Licensing can be invoked under certain circumstances
with respect to both published works and unpublished works. Compulsory licenses can also be
obtained for the purposes of production and publication of the translation of works. The
procedure for obtaining compulsory licensing with respect to the Indian works and foreign works
is different.
Published Works: With respect to the Indian works published or performed in public,
compulsory licenses can be obtained by making a complaint to the Copyright Board on the
ground that the owner has:
Refused to re-publish or allow the republication of the work or has refused to allow the
performance of the work in public and by reason of such refusal the work is withheld from
the public.
Refused to allow the communication of the work to the public by broadcast of the work or
work in the sound recording on such terms, which the complainant considers reasonable.Procedure
Before granting license, the Copyright Board shall give an opportunity of hearing to the
Copyright owner. If the Board is satisfied that the reason for refusal is not reasonable, it shall
grant license subject to payment of such conditions and such compensation as it deems fit.
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Unpublished Works: Compulsory licenses can also be obtained with respect to the unpublished
works by making an application to the Copyright board, if the author of the work:
Dead; or
Is unknown; or
Cannot be traced; or
Cannot be foundBefore making an application in respect of an unpublished work the applicant is required to
publish his proposal in one issue of a daily newspaper in the English language having circulation
in major part of the country and also in one issue of any daily newspaper in that language. The
procedure for license for unpublished work is same as that for translation of work
Licenses for Translation of Works
An application for production and publication of a literary and dramatic in any language can be
made after a period of seven years from the date of first publication of the work. Where the
translation of a foreign work in any language, in general use in India, is required for the purposes
of teaching, scholarship or research, an application for license can be made after the expiry of
three years form the date of first publication of the work.
Where such a translation has to be made in any language not in general use in India, an
application can be made after the expiry of one year from the date of publication of the work. In
this case the license shall be granted subject to the conditions that the copies of the translation
shall not be exported outside India and that every copy shall contain the notice in the language of
translation that the copy is available for distribution only in India.
In order to successfully prosecute the application for the grant of license, the applicant must
establish the following facts:
The translation of the work in the language mentioned in the application has not been
published by the owner or his authorized agent within a period of seven years, three years
or one year as the case may or the copies are out of print.
The applicant had requested to the owner for authorization to produce and publish the
work but was denied the authorization or was unable to find the owner after due diligence.
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Where the applicant was not able to locate the owner, he had sent a copy of the request for
such authorization to the published via registered airmail.
A period of six months has elapsed in case of an application for the translation of the work
in any language and a period of nine months in case of translation of any foreign work in
any language in use in India has elapsed since making of the application and the
translation of the work in that language has not been published by the owner within that
period.
The applicant is competent to produce and publish a correct translation of the work and
posses the means to pay to the owner of the copyright the royalties payable to him.
The author has not withdrawn from circulation copies of the work.
Ques.No.2 Explain the following:
a) Certifying authority and qualification of Certifying authority
b) Subscriber and certifying authority and duties of subscriber
c) Offences and penalties of IPR and Applicability of IPRs
Ans.2(a) Certifying authority and its qualifications:Certifying authority, a trusted third-party
organization or company that issues digital certificates used to create digital
signaturesandpublic-private key pairs. The Certificate Authority vouches for the identificationof the business as an assurance to anyone exchanging personal information such as name,
address,credit card, bank records or medical records. All such information is traded
in encryptedform between the two parties, with the digital certificate acting as a positive ID of
trust to the public. CAs are a critical component in datasecurity and electronic
commerce because they guarantee that the two parties exchanging information are really who
they claim to be.
Certification authorities Licensure Qualifications:
1) To obtain or retain a license, a certification authority must:
(a) Provide proof of identity to the secretary;
(b) Employ only certified operative personnel in appropriate positions;
(c) File with the secretary an appropriate, suitable guaranty, unless the certification authority is a
city or county that is self-insured or the department of information services;
http://www.webopedia.com/TERM/D/digital_certificate.htmlhttp://www.webopedia.com/TERM/D/digital_signature.htmlhttp://www.webopedia.com/TERM/D/digital_signature.htmlhttp://www.webopedia.com/TERM/D/digital_signature.htmlhttp://www.webopedia.com/TERM/P/public_key_cryptography.htmlhttp://www.webopedia.com/TERM/P/public_key_cryptography.htmlhttp://www.wisegeek.com/what-is-a-credit-card.htmhttp://www.wisegeek.com/what-is-a-credit-card.htmhttp://www.wisegeek.com/what-is-encryption.htmhttp://www.wisegeek.com/what-is-encryption.htmhttp://www.wisegeek.com/what-are-digital-certificates.htmhttp://www.webopedia.com/TERM/S/security.htmlhttp://www.webopedia.com/TERM/S/security.htmlhttp://www.webopedia.com/TERM/E/electronic_commerce.htmlhttp://www.webopedia.com/TERM/E/electronic_commerce.htmlhttp://www.webopedia.com/TERM/D/digital_signature.htmlhttp://www.webopedia.com/TERM/D/digital_signature.htmlhttp://www.webopedia.com/TERM/P/public_key_cryptography.htmlhttp://www.wisegeek.com/what-is-a-credit-card.htmhttp://www.wisegeek.com/what-is-encryption.htmhttp://www.wisegeek.com/what-are-digital-certificates.htmhttp://www.webopedia.com/TERM/S/security.htmlhttp://www.webopedia.com/TERM/E/electronic_commerce.htmlhttp://www.webopedia.com/TERM/E/electronic_commerce.htmlhttp://www.webopedia.com/TERM/D/digital_certificate.html -
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(d) Use a trustworthy system;
(e) Maintain an office in this state or have established a registered agent for service of process in
this state; and
(f) Comply with all further licensing and practice requirements established by rule by the
secretary.
(2) The secretary may by rule create license classifications according to specified limitations,
and the secretary may issue licenses restricted according to the limits of each classification.
(3) The secretary may impose license restrictions specific to the practices of an individual
certification authority. The secretary shall set forth in writing and maintain as part of the
certification authority's license application file the basis for such license restrictions.
(4) The secretary may revoke or suspend a certification authority's license, in accordance with
the administrative procedure act, chapter34.05RCW, for failure to comply with this chapter or
for failure to remain qualified under subsection (1) of this section. The secretary may order the
summary suspension of a license pending proceedings for revocation or other action, which must
be promptly instituted and determined, if the secretary includes within a written order a finding
that the certification authority has either:
(a) Utilized its license in the commission of a violation of a state or federal criminal statute or of
chapter19.86 RCW; or
(b) Engaged in conduct giving rise to a serious risk of loss to public or private parties if the
license is not immediately suspended.
(5) The secretary may recognize by rule the licensing or authorization of certification authorities
by other governmental entities, in whole or in part, provided that those licensing or authorization
requirements are substantially similar to those of this state. If licensing by another government is
so recognized:
(a) RCW 19.34.300through19.34.350 apply to certificates issued by the certification authorities
licensed or authorized by that government in the same manner as it applies to licensed
certification authorities of this state; and
(b) The liability limits of RCW 19.34.280apply to the certification authorities licensed or
authorized by that government in the same manner as they apply to licensed certification
authorities of this state.
http://apps.leg.wa.gov/rcw/default.aspx?cite=34.05http://apps.leg.wa.gov/rcw/default.aspx?cite=34.05http://apps.leg.wa.gov/rcw/default.aspx?cite=19.86http://apps.leg.wa.gov/rcw/default.aspx?cite=19.34.300http://apps.leg.wa.gov/rcw/default.aspx?cite=19.34.300http://apps.leg.wa.gov/rcw/default.aspx?cite=19.34.350http://apps.leg.wa.gov/rcw/default.aspx?cite=19.34.350http://apps.leg.wa.gov/rcw/default.aspx?cite=19.34.280http://apps.leg.wa.gov/rcw/default.aspx?cite=19.34.280http://apps.leg.wa.gov/rcw/default.aspx?cite=34.05http://apps.leg.wa.gov/rcw/default.aspx?cite=19.86http://apps.leg.wa.gov/rcw/default.aspx?cite=19.34.300http://apps.leg.wa.gov/rcw/default.aspx?cite=19.34.350http://apps.leg.wa.gov/rcw/default.aspx?cite=19.34.280 -
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(6) A certification authority that has not obtained a license is not subject to the provisions of this
chapter, except as specifically provided.
Ans.No.2 (b) Subscriber and certifying authority and duties of subscriber:
Subscriber:
1. A person, company, etc., that subscribes, as to apublication or concert series.
2. A homeowner, apartment dweller,business, etc., that pays amonthly charge to be connect
to a television cableservice.
3. A person who promises to donate a sum ofmoney, purchasestock, etc.
Duties of subscriber:
1) Generating key pair.
Where any Digital Signature Certificate, the public key of which corresponds to the privatekey of that subscriber which is to be listed in the Digital Signature Certificate has been
accepted by a subscriber, then, the subscribe shall generate the key pair by applying the
security procedure.
2) Acceptance of Digital Signature Certificate.
(a) A subscriber shall be deemed to have accepted a Digital Signature Certificate if he
publishes or authorizes the publication of a Digital Signature
Certificate-
(i) to one or more persons;
(ii) in a repository, or otherwise demonstrates his approval of the Digital Signature Certificate
in any manner.
(b) By accepting a Digital Signature Certificate the subscriber certifies to all who reasonably
rely on the information contained in the Digital Signature Certificate that-
(i) the subscriber holds the private key corresponding to the public key listed in the Digital
Signature Certificate and is entitled to hold the same;
(ii) all representations made by the subscriber to the Certifying Authority and all material
relevant to the information contained in the Digital Signature Certificate are true;
(iii) all information in the Digital Signature Certificate that is within the knowledge of the
subscriber is true.
3) Control of private key.
http://dictionary.reference.com/browse/subscribehttp://dictionary.reference.com/browse/businesshttp://dictionary.reference.com/browse/whohttp://dictionary.reference.com/browse/moneyhttp://dictionary.reference.com/browse/subscribehttp://dictionary.reference.com/browse/businesshttp://dictionary.reference.com/browse/whohttp://dictionary.reference.com/browse/money -
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(a) Every subscriber shall exercise reasonable care to retain control of the private key
corresponding to the public key listed in his Digital Signature Certificate and take all steps to
prevent its disclosure to a person not authorized to affix the digital signature of the
subscriber.
(b) If the private key corresponding to the public key listed in the Digital Signature
Certificate has been compromised, then, the subscriber shall communicate the same without
any delay to the Certifying Authority in such manner as may be specified by the regulations.
Ans. No.2(c) Offences and penalties of IPR and Applicability of IPRs:
Offense against intellectual property; penalties.
(1) An offense against intellectual property is the intentional:
(a) Destruction, insertion or modification, without consent, of intellectual property; or
(b) Disclosure, use, copying, taking or accessing, without consent, of intellectual property.
(2) Whoever commits an offense against intellectual property shall be punished, upon conviction,
by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more
than six (6) months, or by both such fine and imprisonment. However, when the damage or loss
amounts to a value of One Hundred Dollars ($100.00) or more, the offender may be punished,
upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) or by
imprisonment for not more than five (5) years, or by both such fine and imprisonment.
(3) The provisions of this section shall not apply to the disclosure, use, copying, taking, or
accessing by proper means as defined in this chapter.
Ques. No.3. Write note on the following:
a)Work of joint authorshipb) Nationality requirement for ownership of copyright.c) Assignment of copyright
Ans. No.3 (a) Work of joint authorship: The "work of joint authorship" means a work
produced by the collaboration of two or more authors in which the contribution of one author is
not distinct from the contribution of the other author or authors.
1. This section applies to a literary, dramatic, musical orartistic workthat is a work of joint
authorship.
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2. The right of attribution of authorship in respect of the workis a right of each
joint authorto be identified as a joint author.
3. An act of false attribution in respect of the workinfringes the right of each
joint authornot to have authorship of the workfalsely attributed.
4. The right of integrity of authorship in respect of the workis a right of each joint author.
5. The consent of one joint authorto any act or omission affecting his or hermoral rights in
respect of the workdoes not affect the moral rights of the other joint authoror other
joint authors in respect of the work.
Ans. No.3 (b) Nationality requirement for ownership of copyright: The Copy right Act does
not lay down any condition that the author of a work in order to acquire ownership of copyright
should be a citizen of India. However, the subsistence of copyright depends on the following
nationality requirements:
Published work: The work must be published in India or when published outside India,
the author must be a citizen of India at the date of publication (if alive at that date) or if
dead at the time of death.
Unpublished work: (Other than architectural works). The author at the time of making the
work must be a citizen n of India or domicile in India Where the making of an
unpublished work is extended over a considerable period of time , the author of the work
will be deemed to be a citizen of, or domicile in, that country of which he was a citizen or
wherein he was domiciled for any substantial part of that period.
Ans. No.3(c) Assignment of copyright:An assignment of copyright is an outright transfer of
some or all of the rights of a copyright owner.
(1) The owner of the copyright in an existing work or the prospective owner of the copyright in a
future work may assign to any person the copyright either wholly or partially and either generally
or subject to limitations and either for the whole term of the copyright or any part thereof:
Provided that in the case of the assignment of copyright in any future work, the assignment shall
take effect only when the work comes into existence.
(2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright,
the assignee as respects the rights so assigned, and the assignor as respects the rights not
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assigned, shall be treated for the purposes of this Act as the owner of copyright and the
provisions of this Act shall have effect accordingly.
(3) In this section, the expression "assignee" as respects the assignment of the copyright in any
future work includes the legal representatives of the assignee, if the assignee dies before the work
comes into existence.
Ques. No.4. Write about the distinction between contract of service and contract for service.
Ans.No.4 These are the common-law terms that are used to distinguish employees from persons
who are self-employed. The terms are confusing and are not defined anywhere in legislation. The
term:
contract of service relates to a person in employment (as in the case of a domesticservant who is described as being in service)
contract for services relates to a person who is self-employed and who providesservices to clients.
The term contract of service is, however, referred to in the employment and tax legislation. A
person who works under a contract of service is:
an employee for payroll purposes, and
an employee for employment rights purposes, and
a worker for other employment rights purposes.
In contrast, a person who works under a contract for services, i.e. a self-employed person, is
neither an employee nor a worker. There is no requirement for an employer to put such a person
on the payroll; rather payment may be made on invoice. There is no entitlement to any of the
employment rights available to employees and workers.
Traditionally, there are two key tests to identify an employee, i.e. a person who works under a
contract of service. These are:
mutuality of obligation, i.e. both parties to the contract have obligations to each other,
the employee to perform work as directed, the employer to pay for the work performed
the degree of control exercised by the employer over the work performed by the
employee.
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Other factors, however, have been taken into consideration when courts and tribunals have
endeavored to distinguish between employment and self-employment. These include:
whether the individual must perform the work personally, or is able to send a qualifiedsubstitute
the nature of the pay and benefits that are provided by the employer
whether or not the individual has a business structure
who decides on how the contract should be performed
the extent of the financial risk borne by the individual
who provides the materials and equipment necessary for the work.
The duration of the contract is also important; the longer the engagement, the more likely it is
that the relationship is employment. Another simple way of distinguishing employment from
self-employment is to consider what it is that the employer is buying:
if the employer is buying an employee, there will be a lengthy recruitment process in
order to find just the right person
if the employer is buying a service, the person who will provide the service is likely to
be selected by recommendation or simply by choosing an ad in Yellow Pages.
A person who is self-employed in one kind of work may also be an employee in some other kind
of work. A self-employed tradesman who works in a pub in the evenings would have to go on the
pubs payroll for that evening work. The fact that a self-employed person is registered as a
subcontractor under the Construction Industry Scheme, or has a VAT registration number, or a
self-employed reference number, does not mean that that person is self-employed in every job
the person does.
HM Revenue & Customs (HMRC) describes the process of assessing employment or self-
employment as picture-painting. In other words, a persons employment status cannot be
properly identified unless the whole picture is considered. One particular factor, such as whether
the employer or the individual provides the equipment and materials, does not, in itself, prove
employment or self-employment. All of the relevant factors must be considered and, in all cases,
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it is the employer that must make the decision. The employer has all of the liabilities if a person
is wrongly identified as being self-employed.
In most cases it is not difficult to correctly recognize employment and self-employment. The
problem area is contractors, whose work often demonstrates factors that point to both
employment and self-employment.
If a self-employed person believes that a client has wrongly decided to treat the working
relationship as a contract of service, there are two options:
1. Use the online interactive Employment Status Indicator provided by HMRC. It may be
used by employers and individuals but its reliability depends on the accuracy by which
the questions are answered.
2. The parties to the contract can ask for the situation to be reviewed by a Status Inspector in
the employers tax office.
At the end of the day, however, it is the employer who must decide whether a particular person is
working under a contract of service or a contract for services and, in the event of a
compliance audit by HMRC, bear the heavy financial consequences of getting it wrong.
Ques. No.5. Explain the work for sculpture including caste and models and work of artistic
craftsmanship.
Ans. No. 5 Explain work for sculpture including caste and models:Sculptors are artists who
mold and join materials including fabric, clay, plastic, glass, wire or metal to create three-
dimensional art. Sculptors also carve and cut images from blocks of plaster, wood or stone.
Besides carving, sculptors may use welding or mold materials by hand using sculpting tools or
caste and fire clay. Their finished products may range from realistic to stylized or abstract,
depicting people, nature or events. Because they typically work with hard materials such as
marble, bronze and stone, their work is generally durable and permanent. Sculptors feature two
types of knowledge requirements, which include fine arts and design. Fine art knowledgepertains to theories and techniques needed for composing, producing and performing works of
sculptor. On the other hand, design involves knowledge of design methods, including tools and
principles needed for producing blueprints, precision technical plans, models and drawings.
Work of artistic craftsmanship: Section 4(1): Copyright, Designs and Patents Act 1988 UK
does not define works of artistic craftsmanship, however whether work qualifies for copyright
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protection as a work of artistic craftsmanship requires the claimant to satisfy the requirements
that the work has:
1. Artistic quality and
2. Craftsmanship.
Artistic quality is generally considered to be satisfied by some real or aesthetic appeal with the
resultant work being a work of art.
Craftsmanship is characterized by sound workmanship, demonstrated by skilful labour and pride
in the production of the work taking into account the materials used and tooling to produce the
article. Craftsmanship may be demonstrated in works created by a handicraft and equally by
using a lathe and computer. The critical and deciding factor into whether a work is considered a
work of artistic craftsmanshipis the original intention of the artist in creating the work.
Craftsmanship which attracts copyright, and that copyright is in the person who exercises that
craftsmanship provided it is artistic. Artistic is defined as a work (which) appeals to the
aesthetic tastes of those who observe it, even if such an article is utilitarian. And craftsmanship
is defined as a a useful handmade object Consequently, a work of artistic craftsmanship is
defined as a practical utility which (derives) its owner value because of its artistic character, as
opposed to its commercial operation.
a work of artistic craftsmanship must not turn (to) assessing the beauty or aesthetic appeal of a
work or assessing any harmony between its visual appeal and its utility. The determination turns
on assessing the extent to which the particular work's artistic expression, in its form, is
unconstrained by functional considerations.
Ques. No.6 Give a detailed account on the cinematographic film and sound recording.
Ans.No.6 Cinematographic film: Cinematography (from Greek: kinema- "movement"
and graphein- "to record") is the making oflighting and camera choices when recording
photographic images forcinema."cinematograph film" means any work of visual recording on
any medium produced through a process from which a moving image may be produced by any
means and includes a sound recording accompanying such visual recording and "cinematograph"
shall be construed as including any work produced by any process analogous to cinematography
including video films. Term of copyright in cinematograph films.-In the case of a cinematograph
http://en.wikipedia.org/wiki/Greek_languagehttp://en.wikipedia.org/wiki/Stage_lightinghttp://en.wikipedia.org/wiki/Camerahttp://en.wikipedia.org/wiki/Imagehttp://en.wikipedia.org/wiki/Filmhttp://en.wikipedia.org/wiki/Greek_languagehttp://en.wikipedia.org/wiki/Stage_lightinghttp://en.wikipedia.org/wiki/Camerahttp://en.wikipedia.org/wiki/Imagehttp://en.wikipedia.org/wiki/Film -
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film, copyright shall subsist until 67 years from the beginning of the calendar year next following
the year in which the film is published.
"Sound recording" means a recording of sounds from which such sounds may be produced
regardless of the medium on which such recording is made or the method by which the sounds
are produced. Sound recording and reproduction is an electrical or mechanical inscription and re-
creation ofsound waves, such as spoken voice, singing, instrumental music, or sound effects.
The two main classes of sound recording technology are analog recording and digital recording.
Term of copyright in records.-In the case of a 68[sound recording], copyright shall subsist until
69 years from the beginning of the calendar year next following the year in which the 70 [sound
recording] is published.
Ques.No.7 Explain the following:
a) artistic and dramatic works
b) musical works
c) work of architecture
Ans. No. 7 (a) Artistic works means- a painting, a sculpture, a drawing (including a diagram,
map, chart or plan), an engraving or a photograph, whether or not any such work possesses
artistic quality, an architectural work of art; and any other work of artistic craftsmanship.
The work need not possess any artistic quality but he author must have bestowed skill, judgment
and effort upon the work. A poster used in advertisement is an artistic work. But advertisement
slogans consisting of a few words only are not copyright matter.
"Dramatic work" includes any piece for recitation, choreographic work or entertainment in
dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but
does not include a cinematograph film.
(b) Musical works:A musical work consists of the musical notes and lyrics (if any) in a musicalcomposition.
[1] A musical work may be fixed in any form, such as a piece ofsheet music or a compact disc.
[2] Musical works may be "dramatic," i.e., written as a part of a musical or other dramatic work,
or "nondramatic," i.e., an individual, free-standing composition.
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A holder of a musical workcopyright is typically a composer, who authors the work, or
a music publisher, who purchases copyrights from composers and exercises the rights of
those composers.Holders of copyright in musical works have the right to do or to authorize the:
1. reproduction of the copyrighted musical work;
2. preparation ofderivative works based on the copyrighted musical work;
3. distribution of the musical work to the public by sale, rental, lease or lending;
4. performance of the musical workpublicly; and
5. display of the musical workpublicly.
(c) Work of architecture: "work of architecture" means any building or structure having an
artistic character or design, or any model for such building or structure
Which one of the statements below follows logically from the statements in the passage?
(1) Unobtrusive architecture is both inviting and functional.
(2) Modern architects who let their strong personalities take over their work produce buildings
that are notunobtrusive.
(3) An architect with a strong personality cannot produce buildings that functional well for the
public.
(4) A work of architecture that takes second place to the environment functions well for public
use.
(5) A work of architecture cannot simultaneously express its architects personality and be
functional for public use.
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