------------------------------
The Old-Time Radio Digest!
Volume 01 : Issue 181
A Part of the [removed]!
ISSN: 1533-9289
Today's Topics:
The Rachel Resistance ["Stephen A Kallis, Jr." <skallisjr@]
WNEW-AM history ["jstokes" <jstokes@[removed]; ]
Does Carl own all that he says he do [Magilla445@[removed] ]
Marlin Hurt ["Richard Pratz" <[removed]@home]
Re: Skip Homeier [OTRChris@[removed] ]
Beating a dead horse [otrbuff@[removed] ]
Lost episode??? [Barth Wysong <stargazerbw@[removed]]
Meredith Willson [Richard Veit <Richard_Veit@[removed]]
In support of "When Radio Was" ["jstokes" <jstokes@[removed]; ]
Re: How To Investigate OTR Copyright [Elizabeth McLeod <lizmcl@[removed]]
Don't play poker with Carl Amari! ["Steven Lewis" <lewis@[removed]]
Tomorrow 1949 ["Welsa" <welsa@[removed]; ]
Newspaper listings of radio programs ["Karl Schadow" <bluecar91@[removed]]
Carl Amari's 6/7/2001 Letter and Cop [stopwatch@[removed] (Martin & Ma]
The Amari Homework Analogy [Tom van der Voort <evan@[removed];]
Re: Undocumented Scarlet Queen Episo ["Bob Wallace" <ewcbob@[removed]; ]
USA Today article [Paulurbahn@[removed] ]
Well ... Some Perspective ["Stephen A Kallis, Jr." <skallisjr@]
Re: copyrights ["Rodney w bowcock jr." <rodney-self]
Missing Johnny Dollar ["Rodney w bowcock jr." <rodney-self]
------------------------------
Date: Fri, 8 Jun 2001 09:13:24 -0400
From: "Stephen A Kallis, Jr." <skallisjr@[removed];
To: [removed]@[removed]
Subject: The Rachel Resistance
I thought it's worth mentioning that as "young people's" book with a
solid OTR theme has just been released. The Rachel Resistance, published
by Eakin Press (ISBN 1-57168-541-3), is the story of a ten-year-old girl,
living in Apache, Oklahoma, population 1,928. The heroine of the book
and her best friend, are both devotees of the Captain Midnight show. The
book starts in late 1941, with news of the attack on Pearl Harbor.
Rachel Dalton, the heroine, becomes convinced that one of the school
children, an obnoxious kid new in the class, is somehow involved in
traitorous activities, and as a member of the Secret Squadron, she has a
duty to find evidence of his supposed perfidy.
It's a nice read, one that can be enjoyed by younger readers and
nostalgiaphiles. With all the hoopla on the new Pearl Harbor film, The
Rachel Resistance fits right in.
Stephen A. Kallis, Jr.
------------------------------
Date: Fri, 8 Jun 2001 09:13:31 -0400
From: "jstokes" <jstokes@[removed];
To: <[removed]@[removed];
Subject: WNEW-AM history
I surely would like to know the history of WNEW-AM in New York, which was
the radio home of Al Jazzbo Collins, Ted Brown, Gene Rayburn, William B.
Williams, and others. The web does not have any real history of this
wonderful station. I can only recall WNEW's pleasant MOR ID song about
1962 when Ted Brown was still there.
Please no referral to a book. :)
Thanks in advance,
Jim Stokes
ex-voice of classical music in the Twin Cities
now --
NaturaLite Pictures
We will be shooting "There's Danger In Romance," a romantic comedy,
on-location in New York for several days during the AES. :)
------------------------------
Date: Fri, 8 Jun 2001 10:09:22 -0400
From: Magilla445@[removed]
To: [removed]@[removed]
Subject: Does Carl own all that he says he does?
I would like to make a very simple request of Carl. Here he is, making a
modest claim that he owns or controls almost every radio show copyright
dating back to the dawn of time. Seems to me there is lots of posturing but
no substance coming from Carl. Needless to say, his claims would hold a lot
more credibility if he would produce some documentation to substantiate his
claims. So, what I propose to Carl is this: Pick out a show that you claim
to own. Any show, big or small, it doesn't matter. Then, produce a contract
that proves when he purchased the rights to that particular show, and from
whom. I would also like to see some documentation proving when that
particular show was copyrighted, and if those copyrights were renewed. In my
mind that is where the crux to all of this lies. Without this type of
documentation, Carl's claims don't amount to much. I am not an attorney, but
chances are if ANY of these threatened lawsuits ever make it to court, the
first thing the defendant party is going to ask for is the right to examine
Carl's contracts and existing copyright registration, if any. This will all
come out in the deposition stage. One of the nice things about our court
system is that the burden of proof is always on the shoulders of the accuser.
So, how about it, Carl? Are you game?
Ron Frantz
------------------------------
Date: Fri, 8 Jun 2001 16:00:04 -0400
From: "Richard Pratz" <[removed]@[removed];
To: "OTR (Plain Text Only)" <[removed]@[removed];
Subject: Marlin Hurt
I can't resist nit picking. (What is a "nit" anyway?)
Owens Pomeroy [removed] Marlin Hurt as "Beulah" singing the show's
theme song - -
"GOT DE WORLD IN A JUG LOG, GOT DE STOPPER IN MY HAND".
Surrender Owens! The trivia police will be knocking at your door soon to
arrest you! You scored 99% on the words to the theme. But you'll be taken
into custody and read your rights for incorrectly writing "LOG" instead of
"LAWD". Lawd, as in "Lord"!
'GOT DE WORLD IN A JUG, [removed]
GOT DE STOPPER IN MY HAND".
Unless of [removed]'m wrong!! Owens, with all of your
knowledgeable and enjoyable postings, I think you should be released on your
own recognizance.
Rich
------------------------------
Date: Fri, 8 Jun 2001 16:00:08 -0400
From: OTRChris@[removed]
To: <[removed]@[removed];
Subject: Re: Skip Homeier
<<The following link is about Skip Homeier's first eleven years
of career commencing in the New York area.
[removed]
CAB>>
I did not have any idea of the extensive work of Skip Homeier in the OTR
days . I didn't even recognize the face of the young actor . However, the
name seemed familiar so I did an internet name search .
Oh yes, Now I recall . Skip Homeier as an adult appeared in just about every
popular series in the 60s as a guest star.
The Internet indicated he appeared in two Star Tek episodes one notably as a
Timothy Leary like space hippie. I think I recall that one
And a MISSION IMPOSSIBLE episode wherein the IMF melts the gold contained in
a vault as part of an elaborate theft. Apparently both of these episodes have
been released on video so I may have to check it out.
And then I will pull out some OTR and listen to Skippy Homeier. I am curious
if his radio roles were more varied and challenging than the guest star
appearances on TV.
-Chris
------------------------------
Date: Fri, 8 Jun 2001 16:00:10 -0400
From: otrbuff@[removed]
To: [removed]@[removed]
Subject: Beating a dead horse
I've held my peace about the copyrights issue but strongly agree with
Charlie that "enough is enough." Please, folks, can't we move back to
OTR programs and personalities and other issues we can discuss amicably
and perhaps even resolve? I have read the conflagrant notes for days and
-- finding nothing new on the subject in the last week -- have ceased to
read further. Scrolling past certainly makes such lengthy and frequent
digests quicker to breeze through. Everybody has an opinion but it
appears almost all of them fall into a handful of persuasions. Nothing
new. No one's going to jail. Isn't there something enjoyable to talk
about any more? Enough already.
Jim Cox
------------------------------
Date: Fri, 8 Jun 2001 16:00:12 -0400
From: Barth Wysong <stargazerbw@[removed];
To: [removed]@[removed]
Subject: Lost episode???
I'm a big fan of Radio Mystery Theater and can remember lying in bed at
night and listening to the series. There is one episode that I can remember
but I can find no reference to it in any episode logs or in Grams book.
The storyline had something to do with an archaeological dig in Utah. The
scientist found what he thought was the skull of a missing link to humans.
It turned out that there was a murder involved and the skull was a fake. It
ruined the reputation of the scientist.
There is and RMT episode called "Yesterday's Giant" in which the characters
referred to this episode and called it the "Utah man". Apparently this was
a sequel of sorts as it involved the scientist and a reporter.
>From all accounts I have found no reference to this show. It may be
possible that it was a crossover from Himan Brown's Adventure Theater. It
has been bugging me for years. Does anyone else remember this episode?
------------------------------
Date: Fri, 8 Jun 2001 16:06:25 -0400
From: Richard Veit <Richard_Veit@[removed];
To: OTR Chatgroup <[removed]@[removed];
Subject: Meredith Willson
Subject: Time: 9:41 AM
OFFICE MEMO Meredith Willson
Date:6/8/01
[Mark Lambert wrote:]
Can anyone fill me in on the details of Meredith Willson's jobs as music
director at NBC and his post with the military radio network? (Dates, job
title, what he did, what OTR shows he appeared on, etc.) I'm passing some
stuff onto a guy writing about Willson, and he wants to include info about
Willson's OTR work. Thanks for any help.
I cannot supply any valuable information here, but it does lead me to say
that I thought Meredith Willson was very funny as Burns & Allen's music
director in the years just after WWII (1945-1948). He seemed to enjoy playing
the dimwitted foil to George's barbs. Incidentally, beyone his famous
musicals, Willson was also a serious composer. His Symphonies Nos. 1 & 2 are
available in fine performances on Naxos 559006.
Richard Veit
------------------------------
Date: Fri, 8 Jun 2001 16:06:26 -0400
From: "jstokes" <jstokes@[removed];
To: <[removed]@[removed];
Subject: In support of "When Radio Was"
I would like to put on my asbestos suit and interrupt the flame war against
Carl A. I enjoy his show, "When Radio Was" here in Minneapolis, where it
runs five nights a week, Mon-Fri on KLBB. He gives a continuity to old
time radio show.
Since I love to talk about OTR on this Digest, but already have a more than
a lifetime's supply of radio show cassettes, I want to thank Carl for
keeping the flame of OTR's spirit alive via Radio Spirits' "When Radio Was."
Cut/Print
Jim Stokes
NaturaLite Pictures
------------------------------
Date: Fri, 8 Jun 2001 16:06:22 -0400
From: Elizabeth McLeod <lizmcl@[removed];
To: <[removed]@[removed];
Subject: Re: How To Investigate OTR Copyrights
Rodney Bowcock wonders,
But my question [removed] does one find this information? Does it
just involve a few phone calls, or is there greater expense involved?
Unfortunately it isn't that simple -- because the concept of copyright
itself as it applies to OTR is not that simple.
It's entirely possible to do copyright searches without a lawyer,
although you have to visit the LOC in person in order do to so -- for a
primer on exactly how to do this, see Copyright Office Circular 22, the
text of which is available on line at
[removed]
What you will need to be looking for is (1) whether the individual
scripts of the series you are interested in were ever registered as
unpublished works, and (2) if they were registered, if the initial
copyright ran out before 1978 and if so if it was renewed. *If* the
script was registered under the pre-1978 copyright law and expired
without renewal (in other words, if it was registered before 1/1/50 and
not renewed, since it took 28 years for the initial term to expire) it is
in the public domain. (Note that this applies to the basic scripts, but
not to any underlying story rights or other claims that might be made on
the material. A script based on a movie adapation of a stage play, novel,
or short story could have several layers of copyright requring
investigation.)
If the script *wasn't* registered, that ****doesn't**** mean it's in the
public domain -- it was automatically protected at the time of creation
under "common law copyright," and many original scripts actually state as
much on their title pages. Those copyrights became statutory copyrights
under the 1978 Copyright Act -- and this is what has led to so much
confusion and controversy.
Once you know whether or not the show is copyrighted, the next question
is *who owns the rights.* If the property was not registered, the LOC is
not going to be able to tell you who owns it, because they won't have any
documentation of it.
Most OTR was "work created for hire," meaning the writer who wrote the
script was doing so for a company -- a network, an advertising agency, or
an independent producer. It is possible, though, that as with Howard Koch
and WOTW, a deal was cut giving that writer the sole rights to his or her
work. You will need to find out which of these circumstances applied to
the show you're interested in. This is often difficult, but not
impossible. Start by checking with your nearest university library or
state association of broadcasters to see if they hold any backfiles of
"Broadcasting" magazine. The annual "Broadcasting Yearbook" will usually
list individual programs along with the details on the entity responsible
for their production -- there are also OTR-era publications like the
Radio Daily Annual or Variety Radio Directory which can provide this
information.
Once you know who the producer was, you'll then need to find out whether
that company is still in business and if not, who the successor to their
intellectual property is. This may lead you thru a maze of business
sales, bankruptcy rulings, trustees-in-liquidation, and various other
nooks and crannies of the corporate world. You will then need to
determine if their contract records from fifty or sixty years ago still
exist, and you will need to examine these documents to determine if the
writers were under a standard work-for-hire arrangement or if they had
any special deal governing the rights to their work. Once you know who
held those rights originally, you have to keep checking the contracts to
determine if the materials were ever sold or reassigned along the way.
When you have traced the chain-of-ownership down to the present, only
then will you know who to approach for rights.
For some shows this is easy -- the Shadow is owned by Advance Magazine
Publishers, the Lone Ranger is owned by Golden Books Entertainment.
Dragnet is owned by MCA. Life of Riley is owned by Irving Brecher
Productions. Bob Hope's work is controlled by Hope Enterprises, Inc.
Duffy's Tavern is controlled by the E. F. and Simone Gardner Intervivo
Trust. These chains of ownership are clearly established, and the
rightsholders for the most part seem to be actively enforcing those
rights.
Other shows may be more obscure, *and there may be multiple claims.* Jack
Benny sold his company, Amusement Enterprises Inc. to CBS in 1948, but
that contract was a complex one and would have to be examined carefully
to determine who holds clear title to the property now. One thing *is*
clear though -- the fact that the heirs of Joe Radiostar might have a
cache of transcriptions sitting in a storage locker does not
automatically mean that Joe's heirs are the *copyright owner* of the
program, although they may be able to invoke state anti-piracy statutes
to prevent unlawful duplication of the recordings (if they are original
master transcriptions and not dubs, pressings, or tape transfers.) A
careful examination of all applicable contracts under which Joe worked
over the course of his career would have to be done to determine exactly
who holds the rights, and who is entitled to license those rights.
And *that's* where it gets expensive. And of course, none of this covers
the entirely separate issue of union contracts governing the use of
recordings and who is entitled to compensation for such use, or payments
due for the licensing of copyrighted musical cues contained in the
recordings. If one is going to be *totally* On The Side Of The Law in
dealing with OTR, one had better be prepared to spend practically all of
their time sifting out cabinets full of ancient contracts and possibly
cutting checks to a lot of different people, not just to Joe Radiostar
Jr.
Given the tangle of rights surrounding most OTR, it's a safe bet to
assume that no matter what the show, someone, somewhere can stake some
sort of a claim to it -- and as we've seen, a company with even *one*
claim it can threaten to enforce has far more power than an individual
with *no* claim. How valid any claim really is seems to depend on how
much time and money you're willing to spend investigating it -- or how
much you're willing to risk in challenging it.
Elizabeth
------------------------------
Date: Fri, 8 Jun 2001 16:06:29 -0400
From: "Steven Lewis" <lewis@[removed];
To: <[removed]@[removed];
Subject: Don't play poker with Carl Amari!
The OTR culture has been built around the exchange of OTR programs for free
among enthusiasts or for a nominal fee from an assortment of mom-and-pop
vendors. Along comes Carl Amari and his company to threaten lawsuits if many
of these activities continue. Of course, the established OTR culture is
irate at this outside interference, as were southern Americans in the 1960s
when the Feds stepped in to say "no more apartheid."
I see Carl as both a shrewd businessman and a lover of OTR. I have purchased
many shows from him, and they are usually of the highest quality and at a
reasonable price. The massive Sinatra CD set he released was truly
exceptional. I wish he would do the same for Crosby. I also see the
masterful Poker game that Carl is playing. He says he holds the legal rights
to the exclusive marketing of many OTR shows, but he holds his cards tight
to his chest. To my knowledge he has only threatened to sue, but has never
actually done so perhaps in part because he does not want to show his cards
in a court of law. He may in fact hold the legal rights to exclusively
market some OTR shows; for others he may be only bluffing. As part of the
bluff he may go to someone associated with a show and offer to pay them for
"exclusive rights" to market the show. Then Carl can tell the OTR community
he has bought exclusive rights to market the show, and they must cease and
desist or face a lawsuit. The mom-and-pop vendors and individuals who are
his only competition back away at the threat of a lawsuit, so Carl never has
to show his hand. He never has to prove to a judge or jury that he has the
legal rights to exclusive marketing of a show; or that the person he paid
for these "rights" has the legal authority to sell him those rights.
One thing, perhaps, we can all agree on is that it is sad that someone who
obviously loves OTR and is wlling to go the extra mile to bring it to us
with such high fidelity should be so despised by so many in the community he
attempts to serve.
Steven Lewis
[removed]~crosby
------------------------------
Date: Fri, 8 Jun 2001 16:06:33 -0400
From: "Welsa" <welsa@[removed];
To: "OTR Digest" <[removed]@[removed];
Subject: Tomorrow 1949
Recently I discovered a tape in my collection which has me baffled. I don't
remember owning it and I'm sure I have never listened to it before. But
that could be age playing a trick on me.
This is NOT a pre-recorded tape. It's either off a broadcast
(re-broadcast?) or copied from some other source.
One side has about 5 or 6 Allen's Alley excerpts. Not the entire show, just
Allen's Alley and the question of the day. These range from 1944 to 1947,
or so.
It's the other side that I am wondering about. It appears to be a radio
show and it is called Tomorrow 1949. This particular episode has as its
sole guest, Fred Allen. He attempts to define humor and give examples of
various types of humor. It is a solo performance by him, and it appears to
be before a studio audience.
Anyone ever heard of this show? Have any history or details about?
Thanks much.
Ted Meland
RADIO ACTIVE! (Where past times are here again!)
------------------------------
Date: Fri, 8 Jun 2001 16:06:40 -0400
From: "Karl Schadow" <bluecar91@[removed];
To: [removed]@[removed]
Subject: Newspaper listings of radio programs/titles
On Thu 7 Jun 2001 Dan inquired about radio coverage in newspapers.
The extent to which radio was covered by a particular newspaper not only
varied considerably from one newspaper to the next, but also from
time-to-time in the same newspaper. I have found that some papers devoted
entire page(s) to radio listings/columns, advertisements, program/episode
titles, cast credits and photos, etc.; whereas others did not even carry a
daily or weekly list of the programs offered by the lone station in a 50
mile radius of the town in which the newspaper was circulated!!! The reasons
for this are numerous: space, newspaper/radio staff knowledge (at times
distrust) of each other's medium, public demand, general interest, etc. One
note of interest, if, in a certain market, a particular paper owned one
radio station and a rival paper owned another station, as one might imagine,
the coverages of the stations by the respective papers was phenomenal. In my
research, I have had to consult two or three newspapers in a single market
to find the information about a single radio station or program. It helps
one to know if a station and paper had any type of association. This
information was published in Broadcasting and various radio annuals.
Karl Schadow
------------------------------
Date: Fri, 8 Jun 2001 16:06:42 -0400
From: stopwatch@[removed] (Martin & Margot)
To: [removed]@[removed]
Subject: Carl Amari's 6/7/2001 Letter and Copyright
Issues
A fine message all around, notwithstanding its somewhat harder to manage
its appearance as one long paragraph.
Best wishes, and oh I wish I had more leisure time to enjoy listening.
Martin Fass
------------------------------
Date: Fri, 8 Jun 2001 16:06:43 -0400
From: Tom van der Voort <evan@[removed];
To: [removed]@[removed]
Subject: The Amari Homework Analogy
Carl Amari's Digest posting equated his copyright secrets to the hard
work of a dedicated student who shouldn't benefit a lazy classmate.
To my mind, a better analogy arises from my law school days.
Occasionally a student would find a useful article in a law journal and
tear it out of the library copy so that only he could benefit from it.
It surely would be nice if Mr. Amari's research were shared to
benefit the entire OTR community rather than hidden by a single corporate
interest. But I guess that's pretty naive.
Tom van der Voort
------------------------------
Date: Fri, 8 Jun 2001 16:07:51 -0400
From: "Bob Wallace" <ewcbob@[removed];
To: [removed]@[removed]
Subject: Re: Undocumented Scarlet Queen Episode
In a recent Nostalgia Pages message a guy claims to have a Scarlet Queen
episode entitled, "King Ascot and the Maid in Waiting" that is not in Jerry
Haidig's logs. I contacted him but have not heard back yet. Has anybody else
run across this episode (or hoax) ??
That would be me, I never got your message. I have not found "King Ascot" in
Jerry's or any other log but, there it is in my collection. I am missing 3
other episodes.
Bob
------------------------------
Date: Fri, 8 Jun 2001 23:24:28 -0400
From: Paulurbahn@[removed]
To: [removed]@[removed]
Subject: USA Today article
Jack French wrote:
I was interviewed today by Aaron Berman, a Washington,DC journalist who is
working on a piece for USA TODAY on the influence of the Internet on the
OTR hobby. He asked me how the Internet had impacted on OTR clubs and I
gave examples from Metro Washington OTR Club.
I have notice a positive effect on the hobby as more shows are available
generally for just a download. You can post a history of a program (in
narrative form) and include sound-bytes to illustrate a point, so people can
actually hear the quaote rather than just reading about it.
As far as clubs it has had a negative effect. No more paying dues to join, no
more newsletters coming in the mail (two have closed Tape Squeal from IRC,
and I recently read an issue of "Return To Us Now" of the RHS od Colo and
they plan on closing). No more tapes to return. Conventions are getting fewer
from lack of support.
Is it better? Time will tell. But if RSI closes the Internet sources like
Napster and the web itself. And the clubs have ceased, where would a person
turn?
Hope someone posts the link to that article if it is published.
------------------------------
Date: Sat, 9 Jun 2001 00:00:54 -0400
From: "Stephen A Kallis, Jr." <skallisjr@[removed];
To: [removed]@[removed]
Subject: Well ... Some Perspective
J Alec West notes, anent the latest Copyright thread,
In Mr. Amari's case, I can understand why he is unwilling to reveal the
licensing rights he controls. It's not that he doesn't want us to know
what he controls -- it's that he doesn't want us to know what he
"doesn't" control -- since he may be negotiating for those rights and
would prefer not to have competitors know about these negotiations (and
potentially make the rights holder a better offer).
Well, two thoughts on this.
First, I don't think it's either necessary or desirable for Mr. Armani to
have to provide a complete public listing of every program he has rights
to; however, it _is_ appropriate for him to provide the specific
information to the dealer RSI/MediaBay is contacting. According to one
posting, he was supposed to have demanded to see a small dealer's sales
records so that he could determine how much the business owner might owe
him. If this story is true, and particularly if this was done without
any concrete indication on how his rights were being infringed, save in
the most vague terms, then it would be the equivalent of a fishing
expedition, something usually frowned upon in courts. Again, presuming
that he _is_ being infringed, there's nothing marketing-sensitive about
saying, "In your catalog, you're selling cassette tapes of [say] The Lone
Ranger. Please note that I have sole distribution rights to these
programs, and am requesting that you refrain from selling these in the
future." In such a case, he should be prepared to substantiate his
claim, if necessary. If after the dealer has been warned, is shown
proof, and still vends the shows under consideration, then Mr. Armani has
every right to take the vendor to court. However, barring this, vaguely
worded Cease & Desist letters are questionable.
Second, there's the whole world of Public Domain. I suspect that a
significant percentage of _all_ OTR catalogs' offerings are Public Domain
recordings. These are outside protection.
Stephen A. Kallis, Jr.
------------------------------
Date: Sat, 9 Jun 2001 00:01:35 -0400
From: "Rodney w bowcock jr." <rodney-selfhelpbikeco@[removed];
To: [removed]@[removed]
Subject: Re: copyrights
[removed] a consumer that wants to be educated, how do we insure
that we are purchasing shows from the right people?
Please don't say, "Do the research" because I sure can't afford a
copyright attorney, nor can the average citizen of this country.
Rodney Bowcock
------------------------------
Date: Sat, 9 Jun 2001 00:01:33 -0400
From: "Rodney w bowcock jr." <rodney-selfhelpbikeco@[removed];
To: [removed]@[removed]
Subject: Missing Johnny Dollar
I am working on completing my Johnny Dollar 5 part set, and I've noticed
several serials that nobody is offering, and if they do have it there are
episodes missing. Can someone tell me if there are episodes officially
"lost" from the following serials:
The McClean Matter (2/6-2/10/56)
The Salt City Matter (4/2-4/6/56)
The Sea Legs Matter (7/30-8/3/56)
The Kranesburg Matter (8/24-8/31/56)
The Perfect Alibi Matter (9/17-9/21/56)
Thanks,
Rodney Bowcock
--------------------------------
End of [removed] Digest V01 Issue #181
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