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Convicted console modder has appeal thrown out
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The following comments relate to this news article:
article published on 11 November, 2009
Christopher Paul Gilham, the UK man convicted in 2008 of installing and selling modified Xbox, PS1, PS2 and GameCube consoles has had his appeal thrown out of court this week.
Gilham sold the modded consoles, which allow users to play back pirated games, from 2003 until 2006. His appeal was based on the issue of ?whether the playing of a counterfeit DVD involves substantial copying of ... [ read the full article ]
Please read the original article before posting your comments.
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kaledonio
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12. November 2009 @ 09:58 |
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Operation Flashpoint: Dragon Rising
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AfterDawn Addict
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12. November 2009 @ 10:22 |
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Originally posted by kaledonio:
Originally posted by kaledonio:
modern warfare 2 no chance i'm a pc gamer not a console gamer although i do own a 360 and wii.I won't buy call of duty modern warfare 2 on pc because of the dedicated servers issue my money is better spent elsewhere.Even pirating this game is a waste of time sure you can play single player but MW2 is multiplayer based or is for me neway.I think the infinity ward petition is neary at the 300,000 mark but they ain't listenin just a loss for them.If the get pc game of the year its bullshit the pc version has been boycotted by many
meh seed it anyway thats what I am doing :P
Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.
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Member
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12. November 2009 @ 10:27 |
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One step closer to a police state.
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kaledonio
Newbie
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12. November 2009 @ 10:41 |
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We're living in a police state already have been for ages though they can never fully kill what we do unless of coarse they unplug everything if we all go underground what have the got other than spoons to dig us out.
I shall seed MW2 just for effect :P
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IguanaC64
Member
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12. November 2009 @ 11:06 |
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@Guagua - Enabling someone to commit an illegal act is not the same as committing an illegal act. Otherwise we could sue people who sell guns because someone who bought one did something illegal with it.
There are many useful legal uses for modchips. I turned my PS2 into a workable media player for the living room. I ran Linux on it. If I was inclined, I could play the newest Japanese games on it. I could turn an old console into a utility server (filesharing for the house, FTP, web server).
I can do all that instead of just tossing it in the trash when they quit making games for the console.
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AfterDawn Addict
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12. November 2009 @ 11:09 |
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Originally posted by IguanaC64:
@Guagua - Enabling someone to commit an illegal act is not the same as committing an illegal act. Otherwise we could sue people who sell guns because someone who bought one did something illegal with it.
There are many useful legal uses for modchips. I turned my PS2 into a workable media player for the living room. I ran Linux on it. If I was inclined, I could play the newest Japanese games on it. I could turn an old console into a utility server (filesharing for the house, FTP, web server).
I can do all that instead of just tossing it in the trash when they quit making games for the console.
Actually if you have enough money you can sue and win against anyone with pretty good odds of random convictions on the one non existent one armed bandit....
The media mafia is spending themselfs into a corner they want things both ways....
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Daniel_1
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12. November 2009 @ 11:54 |
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Sigh...so why not just buy a used Wii and add the emulators to the hard drive and then use it to play Nintendo-Sony-XBox-and a host of other gaming systems. I mean for pity's sake I did that to my old Wii and I now can play any game out there on one system. When a game pops up that I cannot play I first look on the net for the emulator and then just add it to my Wii's hard drive and off I go. And the best thing is that I can use this and play EU and japanese games as well!
Jeeze people this is not rocket science and it is so easy it is not funny. And the best part is I am not breaking any laws as I am not modding anything. Therefor as bad as they would want to, there is no law in Canada nor the US nor any other country in the world that I am breaking. Do a search on Google and you will find over 100,000 sites telling you exactly how to do this.
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AfterDawn Addict
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12. November 2009 @ 11:59 |
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Originally posted by Daniel_1:
Sigh...so why not just buy a used Wii and add the emulators to the hard drive and then use it to play Nintendo-Sony-XBox-and a host of other gaming systems. I mean for pity's sake I did that to my old Wii and I now can play any game out there on one system. When a game pops up that I cannot play I first look on the net for the emulator and then just add it to my Wii's hard drive and off I go. And the best thing is that I can use this and play EU and japanese games as well!
Jeeze people this is not rocket science and it is so easy it is not funny. And the best part is I am not breaking any laws as I am not modding anything. Therefor as bad as they would want to, there is no law in Canada nor the US nor any other country in the world that I am breaking. Do a search on Google and you will find over 100,000 sites telling you exactly how to do this.
Xbox? er..no its 8bit+16bit and the N64 no PS2 or Xbox...and I can have all that on my PC...so why bother with a inferior wii?
THo....get me full DS emulation on the big screen and I am so there.....
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Daniel_1
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12. November 2009 @ 13:08 |
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Quote:
Originally posted by Daniel_1:
Sigh...so why not just buy a used Wii and add the emulators to the hard drive and then use it to play Nintendo-Sony-XBox-and a host of other gaming systems. I mean for pity's sake I did that to my old Wii and I now can play any game out there on one system. When a game pops up that I cannot play I first look on the net for the emulator and then just add it to my Wii's hard drive and off I go. And the best thing is that I can use this and play EU and japanese games as well!
Jeeze people this is not rocket science and it is so easy it is not funny. And the best part is I am not breaking any laws as I am not modding anything. Therefor as bad as they would want to, there is no law in Canada nor the US nor any other country in the world that I am breaking. Do a search on Google and you will find over 100,000 sites telling you exactly how to do this.
Xbox? er..no its 8bit+16bit and the N64 no PS2 or Xbox...and I can have all that on my PC...so why bother with a inferior wii?
THo....get me full DS emulation on the big screen and I am so there.....
Er, YES! I know you can do it as I AM doing it as we speak! I have the following emulators on my Wii hard drive
ALL Nintendo Gaming systems from the original Nintendo to the one before the Wii including the handhelds
ALL Sony Playstation and game gear emulators
The Atari Juag and the Atari hand held and the original Atari game system
Commodore 64
XBox
And all of them play fine thank you. You must place the previous games on a disc for them to work but they work well. You can find them on any rom site.
The only draw back is that I cant ever again connect my Wii to the net as any firm upgrade will wipe out all the emulators. If you can live with this, then you to can make the ultimate gaming machine with a simple bit of work
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ruff4life
Junior Member
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12. November 2009 @ 13:23 |
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Originally posted by GuaGua:
Simply put he was helping people use "illegally" downloaded products.
I think its right the he gets convicted for that. Probably gonna get a flaming for saying that but think of it this way: You buy a game, lets use GTA or GranTurismo as an option, at the time i bought those games for ?60 and ?62 and i played those things for months, i still play GranTurismo every now and then so i really got my moneys worth, those people that work on these games put alot of hard work into these games so i find ?60 a fair price for the amount of pleasure and fun you get from them, if you go and download and burn them they're losing money, so they're going to have to make even more expensive and so you've screwed yourself and the rest of the gaming community in the end.
Go out to watch a film, based on two people: Film ?9 pp, some popcorn and drinks:?10 Parking money and/or fuel used to get there: ?10 and you might go have something to eat or get some drinks after the film....easily over ?60 for ONE evening, with a ?60 game you'll have more than one evening of fun and pleasure......
I have modded different types of consoles. I have had every console after Coleco introduce the Telstar Systems back in the 70's. I got into the modding and Bootlegging scene around the Commodore 64 era. Every game I aquired was either bought or traded for until trading became a moning making game. Even then the makers didn't want you to trade or borrow. I said it then and I say it now. If I purchase something it's mine to do whatever with as long as I am not endangering another persons life. As far as games that I downloaded and played on modded systems, I do believe you need to support the makers by purchasing those games that you would normally buy. For example I have purchased every Gran Turismo, Forza,Prject Gotham and every hot racing title out there. I then learned to scale it down cus not all are good. So I either rent or tried the demo. In either of those cases majority of the publishers would not get my money and I would not take the time to finish the game. So if I choose to download a title to see how it is and it just so happens to be the full version and I want to play with all features after trying it then I will buy it. But most times these games suck and the publisher won't get a dime. So why worry if I download it. And even if the people who download and play complete games don't support, they propbably wouldn't anyway because they are some broke asses. So let them have the crumbs.
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AfterDawn Addict
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12. November 2009 @ 14:51 |
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Quote:
Quote:
Originally posted by Daniel_1:
Sigh...so why not just buy a used Wii and add the emulators to the hard drive and then use it to play Nintendo-Sony-XBox-and a host of other gaming systems. I mean for pity's sake I did that to my old Wii and I now can play any game out there on one system. When a game pops up that I cannot play I first look on the net for the emulator and then just add it to my Wii's hard drive and off I go. And the best thing is that I can use this and play EU and japanese games as well!
Jeeze people this is not rocket science and it is so easy it is not funny. And the best part is I am not breaking any laws as I am not modding anything. Therefor as bad as they would want to, there is no law in Canada nor the US nor any other country in the world that I am breaking. Do a search on Google and you will find over 100,000 sites telling you exactly how to do this.
Xbox? er..no its 8bit+16bit and the N64 no PS2 or Xbox...and I can have all that on my PC...so why bother with a inferior wii?
THo....get me full DS emulation on the big screen and I am so there.....
Er, YES! I know you can do it as I AM doing it as we speak! I have the following emulators on my Wii hard drive
ALL Nintendo Gaming systems from the original Nintendo to the one before the Wii including the handhelds
ALL Sony Playstation and game gear emulators
The Atari Juag and the Atari hand held and the original Atari game system
Commodore 64
XBox
And all of them play fine thank you. You must place the previous games on a disc for them to work but they work well. You can find them on any rom site.
The only draw back is that I cant ever again connect my Wii to the net as any firm upgrade will wipe out all the emulators. If you can live with this, then you to can make the ultimate gaming machine with a simple bit of work
I don't even see a working PS2 and Xbox emulator for pc....links or it didn't happen.....
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Daniel_1
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12. November 2009 @ 15:53 |
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AfterDawn Addict
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12. November 2009 @ 15:58 |
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This message has been edited since posting. Last time this message was edited on 12. November 2009 @ 15:59
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Daniel_1
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12. November 2009 @ 16:40 |
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No offense, but between all the sites I gave you you have well over 2 million links for emulators, they cannot ALL be bad
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AfterDawn Addict
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12. November 2009 @ 16:42 |
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Originally posted by Daniel_1:
No offense, but between all the sites I gave you you have well over 2 million links for emulators, they cannot ALL be bad
Its not that they are bad...they just show the same 2 xbox emulators. :P
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Daniel_1
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12. November 2009 @ 16:56 |
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Quote:
Originally posted by Daniel_1:
No offense, but between all the sites I gave you you have well over 2 million links for emulators, they cannot ALL be bad
Its not that they are bad...they just show the same 2 xbox emulators. :P
And my point is that not all 2 million plus show the exact same emulator nor the two different emulators. Therefor you cannot make the above statement
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AfterDawn Addict
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12. November 2009 @ 16:57 |
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Quote:
Quote:
Originally posted by Daniel_1:
No offense, but between all the sites I gave you you have well over 2 million links for emulators, they cannot ALL be bad
Its not that they are bad...they just show the same 2 xbox emulators. :P
And my point is that not all 2 million plus show the exact same emulator nor the two different emulators. Therefor you cannot make the above statement
Hard to show anything else since those are the only 2 Xboxs emulators ever made so far....
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Tristan_2
Member
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13. November 2009 @ 00:09 |
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Wait nevermind on I thought comments were deleted but their not it just moved up a page on this but I really do not like this copyright crap its getting out of hand even on commentating on this a second time I still can't understand what this really means its got me confused as heck
This message has been edited since posting. Last time this message was edited on 13. November 2009 @ 00:13
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13. November 2009 @ 00:42 |
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Originally posted by Tristan_2:
Wait nevermind on I thought comments were deleted but their not it just moved up a page on this but I really do not like this copyright crap its getting out of hand even on commentating on this a second time I still can't understand what this really means its got me confused as heck
What it realy means is that because they were unable to build a solid case against him for installing MOD chips, they interprited a law in a downright insane way.
IGN is now more illigal than Pirate Bay because of all the screenshots...all hosted from their own servers. I doubt they would go after IGN...they have the lawyers to defend themselves, and overturn this ruling.
Truth be told, IGN has been illigal for a while. They use HDMI capture cards that remove HDCP from HD video for their videos. Such cards are illigal; and just owning one is a crime. Using one is a blatent violation of the DMCA...but they get away with it because they are a company that can defend themselves in court.
Of course, if I were to order one of these cards for the same reason (to share gameplay videos in order to increase sales), I could be charged with a crime before I even recieved it!
This message has been edited since posting. Last time this message was edited on 13. November 2009 @ 00:45
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doveman
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13. November 2009 @ 06:30 |
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Actually, I think they had him bang to rights under section 296ZB of the Act (http://www.opsi.gov.uk/si/si2003/20032498.htm#24) which makes it an offence even to possess mod chips in the course of a business.
But I agree that this finding is insane. I don't even understand why the judge decided that "In order to establish that an offence under...section 296ZB...has been committed...the prosecution must prove:
(2) That the playing of a counterfeit DVD on a game console involves the copying of a copyright work."
as I can see no justification for that decision in section 296ZB.
As for IGN, as the Filesoup case shows, the Police only go after whoever their corporate masters tell them to in cases like this, and obviously they don't have a problem with IGN.
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Senior Member
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13. November 2009 @ 08:27 |
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Actually, I think they had him bang to rights under section 296ZB of the Act (http://www.opsi.gov.uk/si/si2003/20032498.htm#24) which makes it an offence even to possess mod chips in the course of a business.
But I agree that this finding is insane. I don't even understand why the judge decided that "In order to establish that an offence under...section 296ZB...has been committed...the prosecution must prove:
(2) That the playing of a counterfeit DVD on a game console involves the copying of a copyright work."
as I can see no justification for that decision in section 296ZB.
As for IGN, as the Filesoup case shows, the Police only go after whoever their corporate masters tell them to in cases like this, and obviously they don't have a problem with IGN.
As you can see ive highlighted the part that confused me.my DVD player plays copied dvds and has a USB drive that can be used to play movies illegally copied onto a usb stick is my DVD player illegal i think not.my mum car is capable of doing more than 110KMPh and thats the speed limit and her car isn't illegal.As for illegal game screenshots ive seen plenty of game screenshots on websites and i wonder if they all got permission to use the games screenshot i highly doubt it.I wouldnt be surprised if people start getting prosecuted for buying dvd burners cause the main purpose of a dvd burner is to copy files(eg.games,movies,music).i honestly think prosecuters bend&manipulate the law anyway they can to lock people up.
custom built gaming pc from early 2010,ps2 with 15 games all original,ps3 500gbs with 5 games all original,yamaha amp and 5.1channel surround sound speakers,46inch sony lcd smart tv.
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doveman
Newbie
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13. November 2009 @ 10:25 |
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Well, section 296 of that act gives the copyright owner the same rights to sue someone for importing or selling a device "the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of the technical device", as they have for copyright infringement (basically copying), so they could in theory sue an individual who imports a single mod chip for private use if they could show that his actions had cost them money.
Your DVD player clearly wouldn't be covered by this.
Something else to be aware of is that the same section makes someone liable to be sued who "publishes information intended to enable or assist persons to remove or circumvent the technical device."
So section 296 opens the possibility of civil action being taken but section 296ZB creates criminal, imprisonable, offences. Whilst they generally only apply to businesses, they do also make it an offence to distribute a circumvention device, or promote, advertise or market "a service the purpose of which is to enable or facilitate the circumvention of effective technological measures.", " otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner
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Senior Member
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14. November 2009 @ 00:33 |
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Quote:
Something else to be aware of is that the same section makes someone liable to be sued who "publishes information intended to enable or assist persons to remove or circumvent the technical device."
does that mean that any forum that offers information such as how to modify an xbox or ps2 console can be sued???
custom built gaming pc from early 2010,ps2 with 15 games all original,ps3 500gbs with 5 games all original,yamaha amp and 5.1channel surround sound speakers,46inch sony lcd smart tv.
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Tristan_2
Member
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14. November 2009 @ 02:09 |
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Quote:
Something else to be aware of is that the same section makes someone liable to be sued who "publishes information intended to enable or assist persons to remove or circumvent the technical device."
does that mean that any forum that offers information such as how to modify an xbox or ps2 console can be sued???
Depending how things are mostlikely yes they could be.
Though what scares me the most with this verdict I just hope Video Game companies don't loose their own copyright rights I am strangely enough seeing some crazyness again with youtube.
If their making it a crime to do Video Game Walkthroughs in any shape and form if you think about it this Verdict Violates the 1st Amendment First the FTC thing in December on game reviews now this???
What I found on youtube all ready is when I saw this article on Friday the 13th is Video Game Music is slowly being added to the Audio Swipe or even as well Content ID The Entire Castlevania Symphony of The Night Track is on Audio Swipe and this scares the crap out of me especially how well people do lets plays/walkthroughs on youtube, what does this mean?
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Daniel_1
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14. November 2009 @ 07:47 |
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Originally posted by ZippyDSM:
Quote:
Quote:
Originally posted by Daniel_1:
No offense, but between all the sites I gave you you have well over 2 million links for emulators, they cannot ALL be bad
Its not that they are bad...they just show the same 2 xbox emulators. :P
And my point is that not all 2 million plus show the exact same emulator nor the two different emulators. Therefor you cannot make the above statement
Hard to show anything else since those are the only 2 Xboxs emulators ever made so far....
And in that statement, you have just shown you have no idea what your talking about. I have counted 26 different XBox emulators so far in the 2 million links and I am not even half way through the first 500,000.
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