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60 French ISP Account Holders On Their Third Strike For Internet Piracy

The French authority tasked with reducing file-sharing has sent out more than 650,000 first-strike warnings in its first 12 months of active operations. Hadopi say that in excess of 44,000 citizens are now on their second strike and 60 Internet subscribers are in the final and most dramatic stage of the controversial “three-strikes” regime.

In place since January 2010, the French solution to unauthorized file-sharing has been met with controversy every step of the way.

The so-called “three strikes” or graduated response scheme sees Internet users formally warned when they are monitored sharing copyrighted material online without the rightholder’s permission.

According to Hadopi, the authority setup to admínister the admonishments, everything is going to plan. Hadopi, it seems, have been very busy indeed.

Hadopi president Marie-Françoise Marais says that since the legislation’s inception 18 months ago, many hundreds of thousands of French file-sharers have been contacted by her organization.

The first warnings began to go out in October 2010 and by February 2011 nearly 471,000 Internet users had received one. Nearly 20,600 more stubborn account holders had already received their second.

Marais says that by early last month, 650,000 ISP account holders were on their ‘first strike’, a warning notification indicating that they are now on the first rung of the Hadopi ladder – and starting to run out of luck.

While some users would have changed their habits after this first warning, many did not. By early September 2011 some 44,000 ISP account holders were on their ‘second strike’, indicating that they did not take the first notification sufficiently seriously, or were willing to play out the three strikes game to its limits.

According to Marais, at least 60 ISP account holders ignored both the first and second warnings and are now in the final stages of the anti-piracy process. Punishments for them, should a judge agree, could amount to a 1,500 euro fine and internet disconnection of up to a month.

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  • ShinyJirachi

    This won’t end well.

    • Josh

      ipodah.net protect yourself (hadopi backwards ftw)!

    • http://www.facebook.com/eric.boehm Jack Murdock

      Yep. My thoughts exactly. These people all think they have a right to free things and are enraged that the creators care about their profits. Next thing you know, there will be riots and looting in the streets over free downloads. This crap got way further than it should have ever gotten. They managed to drag it out a bit, but now we have political freaking parties promiting free things. It couldn’t get any more ridiculous as it stands.

      • Shaizan

        That’s if they actually have the correct IPs of actual fire sharers and not dead, blind, old people who cant even use a computer, or anyone else falsely accused of violating the “law”.

      • Anonymous

        It’s a good thing you’re not in France, yeah? I’m sure someone parked a couple streets down could have a good laugh getting you disconnected from the internet by “borrowing” your wi-fi.

        • jack.ss

          Jack Murdock already made 2 copyright violations. First he used a picture from FOX (Simpsons), then he used one belonging to Herge´. His defence was “but – but, I was only… Others are worse than me.. It was only pictures… Etc, etc.

          Jack Murdock is a hypocrite, if he lived in France he would be well on his way to third strike and disconnection of his internet. Bet he would enjoy the 2000 dollar fine…

          Here is his old facebook profile where he was “stealing” from FOX:

          http://imageshack.us/photo/my-images/84/jackmurdockericboehmfac.jpg/

      • Scary Devil Monastery

        There may certainly be rioting in the streets but it will be over the people getting disconnected – who may in many cases be completely innocent but unable/not tech savvy enough – to reputably dispute the claim that indeed it was “their” IP distributing material.

        This is the problem, given that the error rate tends to be upwards to 13% and an ip flagged for uploading once – right or wrong – tends to get flagged again.

        In short, it should generate the same amount of outcry as if it became public knowledge that criminal investigations resulted in convictions even for 13% accused innocents.

        What it certainly does is undermine the credibility of HADOPI and it’s backers further.

      • JackMurdockSucks

        About the only two things you had right, are “My thoughts exactly” and “Next thing you know, there will be riots and looting in the streets”. And that’s in regards to the same thing, “This won’t end well”. Why? Because with the push to start violating rights and placing the ability to monitor the activities of non-infringing citizens privacy in the hands of corporations is something that won’t sit well with the people. Particularly the people who have done nothing wrong. You think they’ll care about your profits? F*ck no. The problem with people like you, is you think it’s okay to violate the rights of all over the actions of a few in the interest of even fewer. That is completely okay with you. Well guess what? That’s not okay. In no way should that ever be okay or even remotely considered acceptable. Rights of the people come before profits, or they used to. Maybe it’ll take riots in the streets and the looting of corporate offices to make you see that when you f*ck with people, they’re not going to take it. At least they won’t when they realize what you’re doing.

        The people wanting to download things is one group. Everyone else for the most part falls into another, the we aren’t doing anything wrong so why are you invading on our rights group. And what will you tell them? Or, better said, what lies will you feed them to justify YOUR actions? Any you give won’t fly, let me tell you that right off the bat.

        And have you actually looked up what the Pirate Party wants? Or are you just speaking from ignorance and assuming that with a name like that “Pirate Party” that all they must want is free stuff? I’m thinking it’s the latter, in which case, get a f*cking clue, JackTard.

        Just you wait, you think you’re gaining the upper hand now, but those with the most to gain often are the same people with the most to lose. This won’t end well for you or your ilk. Mark my words. When the time comes, people aren’t going to take your BS. And there may very well be riots in the streets, and I am not a violent person (I don’t condone violence, I don’t believe it solves anything, I won’t even resort to it to defend myself, etc.), but in regards to you, I seriously hope someone pops you in the mouth when that day comes. Why? Because maybe, just maybe, at that point you might get some goddamn sense knocked into that obviously thick skull of yours.

        • CHRONOSSANGRY

          so when they dont pay a fine do they goto jail?
          WHOM pays for that and jail is a lot more expensive then those stupid fines

          when a few million are sitting along sides of murderers and rapists and other criminals all your doing is removing form the tax base completely a set of citizens that would have spent money on other things in economy.

          ITS LOSE LOSE for Europe which is in its death throws for debt.
          WONDERING yet why with all this debt they are doing it?
          MAYBE someone wants the system to fail….

  • Anonymous

    And the majority of the first strike people are so scared of using their regular connections that they now use VPN’s etc?

    • Anon

      Yeah and also the second. I don’t think i will buy vpn service in the first strike. I wait until i cannot do otherwise. 60 Account is too small to be true!

  • politux

    Sacrebleu!

  • http://twitter.com/icanhazsake Ninja

    And now legitimate content consumption has skyrocketed to trillions of euros in France because piracy has been eradicated. Oh wait…

    By the way TF and readers check this out:
    http://www.rawstory.com/rs/2011/10/03/supreme-court-rejects-internet-music-download-case/

    I think I hear the sound of RIAA CEOs banging their heads against their tables in despair.

    • Momo

      I don’t think this is such a big deal.

      ASCAP collects fees for things like live performances and streaming, while the labels typically collect the money from downloads (and in either case those organisations are responsible for passing some pennies of that to the artist).

      Here, it appears that ASCAP got greedy (what a surprise!) and started demanding money for downloads, thus treading into label territory. Of course, we can’t have the labels’ rights be trampled in such a horrific way, so ASCAP was promptly put in its place.

      Anyway, this makes no real difference from a file-sharing point of view, at least as far as I can see. Does anyone have more insight about the implications of this case?

      • http://twitter.com/icanhazsake Ninja

        I’m not sure about that. What you said may be true but with bizarre cases like the Zediva thing I’d say that it’s some major victory. Not that some1 won in the said case but it’s a general victory as it sets some sort of precedent. In the Zediva case I can see how the stretch of long cable = public performance can be discredited with this decision. Of course it is a form of streaming but in the end it’s no different than downloading a video and playing (you can always wait for the stream to fully buffer and play and in that case you have just downloaded the video before playing).

        I think it might not be that significant if you take into account labels, ASCAP and downloads alone but put into the context of the current copyright scenario it has a lot of weight on how MAFIAA will litigate and ppl will defend themselves. Consider the case of a person caught at bittorrent. The fact that they uploaded might not be as bad as MAFIAA paint.

        I’m not sure. If anything it’s worth following the after effects of this ruling.

    • http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly

      The act of downloading infringing works is not illegal or a civil tort in the UK either. While the rationale might be different, in the UK what they try and get people for is making the files (or file parts) available which is what they try and ‘do’ P2Pers for.

      • Momo

        I see. Just downloading a file wasn’t enough to go after somebody, so they used a “download == public performance” excuse to harass people. Now, that option has been rejected by SCOTUS. Do I have this right? Sounds like there are some fun times ahead :D

        • Aleksej

          If I remember correctly, in Russian copyright law, the word normally meaning “playback” means “copying”, so things like that happen, too.

        • Momo

          That’s false, btw^^. Reading up on US law a bit, it appears that downloading infringes the “reproduction” part of US copyright. As I thought originally, this makes no difference as far as I can tell.

      • http://twitter.com/icanhazsake Ninja

        That but if you use bittorrent it’s very improbable that you’ll actually send the complete file. You’d need detailed logging, check in how many pieces the program actually split the file, hash every individual piece and see from the connection logs that you actually uploaded 100% of the file to any other peer. Not feasible.

        Wonder if this defense was ever tested in the courts..

    • http://Twitter.com/elisaknockout Elisa ? Knockout™

      lol that’s the most awesome news i read in awhile lmao.you can’t go any higher the supreme courts :P

      • http://twitter.com/icanhazsake Ninja

        Thank God you can’t. Prevents endless appealing. Actually, with so many appeals available it’s already bad enough for the ones with no financial resources.

        • http://Twitter.com/elisaknockout Elisa ? Knockout™

          I guess this should be something new since congress and the senators can’t be trusted go to the high courts!!!

        • http://Twitter.com/elisaknockout Elisa ? Knockout™

          I guess this should be something new since congress and the senators can’t be trusted go to the high courts!!!

  • CATTY&Co.

    so 10% of people are taken to the second stage and 0.15% of them progress to third stage

    of those, a number will be fined 1500 Euros

    not bad odds I must say

  • StnR

    I wonder how many of the infringing ip’s are OVH owned lol

    • FreddyJackson

      ovh works on both stages, they have anti piracy detectives (or poliece if you will) or basically antip2p, while at the same time have customers who use their service to pirate. They have claimed before that they don’t pick and choose pirate or antip2p, they just let one user using their service to be battled with another customer of their service just like anti p2p and p2p pirate .

    • CHRONOSSANGRY

      OVH backdoors there servers ssh and encryption so you get caught….

    • CHRONOSSANGRY

      OVH backdoors there servers ssh and encryption so you get caught….

  • Good

    In the meantime corrupted politicians have robbed billions from France pocket and not a single fuck has been given. Bravo!

  • http://www.facebook.com/felipepires Felipe Pires

    fuck the man

  • Randy_Lahey

    Learn2usenet. Problem solved.

    • Mary

      fuck usenet, I guess you are not smart enough to read about the usenet bust aka hussy bust and whatnot. Usenet is not fucking safe suck a dogs dick since you are recomending ppl use unsafe connections. Hundreds of people (maybe more?) have been arrested using usenet and sentenced to 20+ years in prison, its equavalent to you saying use hide my ass vpn service which is based in uk and says they don’t care about us and won’t turn in their users unless its uk related but us ask and they give in see here . http://blog.hidemyass.com/2011/09/23/lulzsec-fiasco/

      “It first came to our attention when leaked IRC chat logs were released, in these logs participants discussed about various VPN services they use, and it became apparent that some members were using our service. No action was taken, after all there was no evidence to suggest wrongdoing and nothing to identify which accounts with us they were using. At a later date it came as no surprise to have received a court order asking for information relating to an account associated with some or all of the above cases. As stated in our terms of service and privacy policy our service is not to be used for illegal activity, and as a legitimate company we will cooperate with law enforcement if we receive a court order (equivalent of a subpoena in the US).

      22:05 edit: Regarding censorship bypassing, some have stated it is hypocritical for us to claim we do not allow illegal activity, and then claim our service is used in some countries to bypass censorship illegally. Again we follow UK law, there isn’t a law that prohibits the use of Egyptians gaining access to blocked websites such as Twitter, even if there is one in Egypt … though there are certainly laws regarding the hacking of government and corporate systems.

      There u have it, say one thing, do another. Don’t use unsafe methods and don’t tell others to do the same. Use usenet = v. Just ask the ones sitting in cells around the world, or easier google (scroogle . org it ) newsgroup bust and some other terms.

  • foff

    Yah disconnect all those frenchies. In fact france why you just disconnect yourself from the whole world? You had one french revolution why don’t you make it two for two?

  • Hank

    use VPN

  • Anonymous

    tinyurl.com/3ct3pn6
    tinyurl.com/3tnmjr8

    • Guest

      flagged for the 2937238 time

  • Guest

    Yeah Europe is a safe haven for personal freedoms, right guys?

    • Anon

      Don’t confuse personal freedom with believing you should have some right to abuse that freedom to break the law. There’s a line and piracy crosses it.

      It’s not complicated and it is as just as it is fundamental. Abuse it and lose it.

      • Momo

        Don’t abuse copyright law to trample personal freedom. Abuse it and lose it. Our freedom is more important than your profits.

        • Anonymous

          agree entirely. such a shame that nothing is being done to protect our freedoms but everything possible is being done to erode it and give corporations whatever they want. add to it that governments are also doing whatever they can to diminish freedom and take away rights and we have a very poor state of affairs in the world today. the people count as nothing. soon, we will be back in the dark ages where only the rich are free and have it all.

      • Guest

        fvck off paid troll

      • Scary Devil Monastery

        “It’s not complicated and it is as just as it is fundamental. Abuse it and lose it.”

        Been a fascist for long? The fact that freedom of speech and communication can be abused by some does not mean there is any valid reason to abolish those inalienable rights. As put forth for americans in a little document starting with “We the people…”. And as documented in the basic UN human rights.

        According to your arguments the existence of murder should therefore mean we abolish the right of trial by jury as well?

      • AnonSucks

        You’re as big an idiot as JackMurdock up above.

        Don’t confuse the actions of a few with the non-actions of the rest. You say that file sharers/pirates are an insignificant minority, thus the rest of the people are obviously against them. Well, if you take that thinking a step further, you’d realize (if that’s true) that you’re confusing the right to take action against a few with the ability to impede on the rights of the many. There’s a fine line between following the law in protection of oneself, and overstepping bounds into violating the inalienable (and Constitutionally protected, to point out YET AGAIN as I have before) rights of others.

        What’s going to end up happening is the people will put you in your place, or demand that the government (that is supposed to represent them) do so instead. I hope it’s the latter. I hope the people get sick of your monopolies and abuses of power and rip the government a new one, who then in turn rips you a new one and lays waste to your “life + x amount of years” copyright and Protect-IP acts and whatnot. That’ll be a sweet day indeed.

        For two reasons. It’ll put you and your ilk in your place. Which’ll teach you a lesson and be hilarious as f*ck. And it’ll serve to teach others to mess with our rights. When we have done nothing wrong, we don’t deserve to be f*cked with.

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  • http://twitter.com/AlyssaBlindy Alyssa Blindy

    Remember that news article a few weeks ago where Bittorrent Inc said they were losing tons of customers who used to be in France. Didn’t that news report say that Bittorrent Inc was getting quite riled up? I think so, if I read it correctly. The news report regarding this subject was found here
    Lololol.

    • http://twitter.com/icanhazsake Ninja

      It’s only natural that France lost bt users. Piracy has vanished, HADOPI won!

      Meanwhile in cyberlockers….

  • Anonymous

    lol, somehow I gotta feeling they will get over it.
    real-privacy.int.tc

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  • LOLZ-FROGS

    Morons. Stop using torrents then if you’re on your third strike and move to cyberlockers. These people can’t be bright enough to switch services to save their own skin and wallets.

  • MD3

    650 000 then 44 000 then 60?
    Sixty people on the 3rd strike?
    For a country that has a population of 65 million? 16.3 million of which broadband users (2008)??

    BULLSHIT!

    The numbers for all three “strikes” categories should be way higher.

    But I guess it’s way easier to deal with 60 “joes” than apply their draconian law to the full extent, and let the public SEE they would be in fact unplugging some hundreds of thousands of subscribers.

    • http://twitter.com/icanhazsake Ninja

      It’s about setting the example. The number is surely much higher. Hopefully Sarkozy will die horribly before he’s replaced by the ppl so the French will be free from his corruption. No, rly, I don’t wish death even for my worst enemy. But it’ll be refreshing when he gets his butt kicked out by the ppl.

      I see an opportunity for French Pirate Party ;)

  • ThumbsUpThumbsDown

    Question. What is the capacity of government to impose from above on behalf of demarcated and institutionalized private interests policies detrimental to, and, in fact,
    curruptive of, the fundamental rights, interests, and aspirations of the vast majority of their private citizenry? Phrased another way, what is the practical capacity of individual citizens to oppose from below through organized political activism the coercive imposition of policies whose benefits accrue preponderantly to powerful sectarian interests and whose detriments and costs fall on the citizenry at large?

    If you are a citizen of Syria or Bahrain or (for the moment) Libya, it might be perhaps understandable if you hear the above questions as an exercise in stupidity: You might respond that governments have the infinite capacity to coerce with whatever instruments of dehumanization mighy occur to the human imagination and that the only hope of effective active resistance is for the aggrieved citizenry to proffer life and death as the only currency that might purchase the minimum of their humanity.

    If you are a citizen of Egypt, your family and kin (perhaps) are living examples that the above questions are neither stupid nor irrelevant, but, that perhaps they might be fanciful: You might say that your family and kin sufferred for millenia the infinite power of rulers to coerce their citizenry at will on behalf of whatever priviledged interests they prefferred at whatever cost in treasure or sorrow. You might also say that only an organized activism steeped in infinite patience and infinite sacrifice could hope to address such power; and yet, that the only worthwhile purchace with that patience and that sacrifice would be a form of government where the power of rulers to coerce would be defined and limited and where special interests would be “special” only to the extent that they enobled and enhanced the general welfare.

    It is with the above context in mind that I offer the following observations on what is and what is not effective committed activism in persuit of copyright reform within the recognized political realities of France, Germany, England, The United States, and such other imperfect democracies, in which activism for copyright reform is not achieving acceptable results, but might yet be transformed to better express and achieve its ultimate potential.

    First, an effective resistence must have (at some level of institutionalization) the means of identifying, accessing, and mobilizing the broadest possible scope of its potential membership among the aggrieved on behalf of which it seeks change. For example, if we are told that Four Hundred and Seventy Five thousand French citizens are being threatened under the Haddopi law with imminent termination of their internet connection rights, don’t you think that there must be an access point somewhere (perhaps a public database, like court files) that would allow these people to be reached and offered guidance and support and perhaps the opportunity to be included in a more articulate and better conceived advocacy for change? Isn’t it probable that among these victims are the most committed and effective advocates for for change? Don’t you think that among the hundreds of millions of individual citizens who are part of the p2p community, five or ten or fifty or five hundred honest, competent, and committed activists might be found to set up an umbrella organization whose purpose would be to identify and assist victims such as these Four Hundred and Seventy Five Thousand citizens? Furthermore, of the Seventy Five Million people who use p2p on any given day, don’t you think that perhaps one fourth could be persuaded to contribute one dollar to that organization in the hope that that dollar might be spent honestly and effectively to produce the intended change; and, if those funds could be honestly and effectively applied, how much could you be persuaded to contribute, and, what empowerment would that contribution signify if Seventy five Million people could be persuaded to make even a smaller committment? And, beyond the Four Hundred and Seventy Five Thousand French citizens, if such an organization could be made effective, what would the outreach to all other global victims of copyright litigation look like? That’s what effective activism would look like: under effective activism people are not fragmented and isolated. The victims are both a resource and a resposibility. They are reached out to and enveloped and not allowed to suffer in silence, alone and abandoned; with no one but their fleas to help them.

    Second, have you noticed that the copyright monopolies have never called themselves The Committee To Impose an Unearned Perpetual Premium on the Human Race? In fact, they don’t even call themselves by what they are, Oligopolists and Monopolists.
    Do you think that the copyright oligopolist calls up the senator or the congressman and says, “Well as you know senator, our digital replication, transmission, and asset warehousing costs approach zero; but, our old predigital rates are now monumentally lucratve, and we think we can impose them on the country because our other four competitors know that their bread is buttered on the same side ours is, and we check up on each others terms and rates and boilerplate throughout the day on google and seldom differ between ourselves more than an imaginary pubic hair; and besides, our individual customers are exhausted, distracted and legally and politically disenfranchised. So, what we would like is for you to sign our new extended and improved copyright law allowing us to really sodimize these puppies and…” No sir! On a stack of bibles every senator and every congressman would swear right up to the instant of dammnation that such a conversation has never taken place. Yet, our laws; the very laws that those senators, those congressmen, and those monopolists and oligopolists have passed to allow the unrestricted purview of their dominance and priveledges, contain each and every abuse and disgrace against the public welfare embodied in that conversation. In this context, why would dissidents activated and organized to petition all other sectors of society to change or dismantle this status quo choose voluntarily to call themselves PIRATES (people who take what does not belong to them by force majeure and without payment)? If it is within ones capacity to present to all other sectors of society an ideologicly transparent and coherent argument, that each individual citizen can willingly and freely abide a system which pays the original artistic producer all costs plus a fair free market margin of profit (better treatment than the current system offers artists) and even pay willingly all costs plus fair free market profit of digital distribution (which approach but are not quite mathematical zero), why would one debase and disgrace ones much more important message that the
    power and dominance of proliferating oligopolies and monopolies metastizizes toward control of all other sectors of society and reaches to encompass all civil process; the legislature, the courts, the security services, the media, are all the natural intruments of its control and, if unchecked, ultimately removes the free and independent private citizen from the public space. Why would one squander the meaning of that message. That’s where criminalization starts. Not with the slanders by which our adversaries address us, but by the language we use to define ourselves. The Hadopi law grew up in a relative vacum. The voices of the people most affected by it were crudely disregarded by politicians who believe fully that they have not only power, but impunity. That situation might yet be remedied, but not by the disorganized, and incoherent resistence that exists today.

    I end always with the same question: What kind of people are we becoming? What kind of people are we, that we relish the idea that a few powerful corporations should be the paid custodians of all the information by which we make ourselves both human and free?

    • Guest

      Thank you for your informative comment!

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  • PRIVACY is priceless to me

    Only 60 people lol, 12 millions € to disconnect 60 people! What a waste of money :D
    Happily, hadopi won’t survive the 2012 revolution.
    Die Sarkozy die!

  • Anonimouse

    650,000 > 44,000 > 60 This clearly shows the 3 Strikes rule is working to teach people how to get their stuff without getting caught. the 60 probably have open wireless or are just to stupid to know any better.

    • http://twitter.com/icanhazsake Ninja

      It’s not that clear. Maybe 606k just turned to direct download. Maybe they keep using bt through services such as put.io.

      Still sure it’s clear? =)

      • Guest

        Yeah, lot of people turned to cyberlocker, fearing hadopi.

        BTW hadopi is only checking for files from big companies so all ‘rare’ stuff is fine & they only spy on public networks…

    • MD3

      Those numbers must be completely distorted. There must be thousands of people still doing their P2P as usual, but they’ll go after 60 just to make it simple and set the example.

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  • Anonymous

    When that number turns into thousands it will be time for you in France to OCCUPY HADOPI !!!

    Vive Le Revolution !

    • MD3

      With more than 16 million users in broadband, you think it’s not thousands already?
      They chose to go after only 60 just to set the example, or the public would start pondering the legality of the whole scheme.

  • Okarin

    with the accuracy of ip address to user, this is one lottery you don’t want to win

  • Kain

    60 “flashed” IPs… but still none in Justice, still in discuss and need to be investigate because the company which “flashed” them had a non-secure connection (TMG : Trident Media Guard) and it seems that “hadopi” is scared to go further in proceeds…

    so, no need to worry for now ^^

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  • Anonymous

    no on in Justice for the moment, this law is a little bit stupid because you can take the IP of someone that lives near you…Only way is to get a VPN : http://www.best-vpn-provider.com :)

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  • Anonymous

    tinyurl.com/3ct3pn6
    tinyurl.com/3tnmjr8

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