Saturday, May 21, 2011

Footballer sparks Twitter storm

Hundreds of Twitter users have reacted to a footballer's bid to find out who is putting information about him on the website by posting new messages online.

The player, who an injunction says can only be identified as CTB, is taking action against ex-Big Brother star Imogen Thomas and the Sun newspaper.

He has now obtained a High Court order asking Twitter to reveal details of users who had revealed his identity.

Twitter has not commented but hundreds of users have repeated his name online.

'Fully entitled'

Papers lodged in the High Court against Twitter and "persons unknown" request disclosure of Twitter users said to have published confidential details.

The order against the US-based micro-blogging website requires Twitter to disclose the requested information within seven days - or within the appropriate time required by the law in California, where it has its headquarters.

Lawyers at Schillings, who represent CTB, have issued a statement clarifying the action it has taken.

It said it was not suing Twitter but had made an application "to obtain limited information concerning the unlawful use of Twitter by a small number of individuals who may have breached a court order".

ANALYSIS

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Once again Twitter finds itself centre stage in the debate over privacy.

Two weeks ago, one Twitter follower made a concerted attempt to challenge the law by pulling together, in a short burst of tweets, the names of celebrities thought to have taken out gagging orders.

Jemima Khan poured petrol on the flames by tweeting a denial, giving broadcasters and newspapers a legitimate peg to run the story.

Websites such as Twitter have put a huge strain on the ability of the courts to enforce gagging orders and it has been widely assumed there is no legal redress against them.

The Culture Secretary Jeremy Hunt said this week that digital media had made an ass of the law and it was hard to enforce injunctions against Twitter because it was incorporated in the United States.

Now it seems the law is about to be tested.

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It comes days after a High Court judge said the footballer was "fully entitled" to anonymity.

Justice Eady has reserved judgement on lifting the injunction after a private hearing with the man's lawyers, the Sun and former Miss Wales Imogen Thomas in London.

However, since news of the disclosure order became public on Friday hundreds of people have tweeted information revealing the footballer's identity.

One message being re-tweeted on the micro-blogging site, stated: "xx xx is suing Twitter. I can't Imogen why."

The legal move by the footballer comes two weeks after a Twitter user tried to unmask some celebrities who have obtained privacy injunctions to prevent publication of details of their private lives.

The Twitter user claimed to "out" a number of UK public figures, although the tweets appeared to contain errors.

Media commentator Steve Hewlett said CTB's lawyers were, in all likelihood, "trying to establish the real identity" of that user.

He said the privacy injunction preventing CTB's identity being revealed had been challenged on the grounds that it was already in the public domain because it was already available on the internet.

Mr Hewlett said "arguing that it's in the public domain because it's already on Twitter" would "put you in a very serious position in terms of contempt of court" if it transpired that "you had anything to do with putting it on Twitter".

There are precedents for legal action to find out the names of individuals behind some Twitter accounts.

'Everybody knows anyway'

Publicist Max Clifford told the BBC that while leaked information on Twitter has a limited impact, journalists can try to use it as leverage.

"It appears to be out of control. It's a strong bargaining chip as journalists want to say, 'Everybody knows anyway,'" he said.

Mr Clifford said some kind of balance must be struck to protect privacy and freedom of speech.

The publicist said: "Super-injunctions and injunctions are purely a law for the rich, and purely there to protect the rich.

"What you need is some halfway house between the invading of people's privacy and freedom of the press and information both of which are vital in a democracy."

Twitter has been resisting attempts by the US government to subpoena information on a number of users in relation to the Wikileaks affair.

Media lawyer Nick Lockett said the legal action against Twitter may not have much effect.

"What will have to be established is that Twitter was subject to the jurisdiction of the court," he said. While UK courts claim worldwide jurisdiction this has often proved hard to enforce.

In the case of the US, said Mr Lockett, the situation was complicated by the Communications Decency Act which grants immunity from prosecution for providers of "interactive computer services" under certain circumstances.

Lawyers acting for CTB may struggle to prove that Twitter does not deserve this immunity, said Mr Lockett.



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Friday, May 20, 2011

Footballer acts against Twitter

Legal proceedings are being taken by a professional footballer against Twitter for allegedly publishing information covered by a super-injunction.

The player, identified only by the initials CTB, is also known to be taking action against the Sun newspaper and ex-Big Brother star Imogen Thomas.

Papers lodged in the High Court are against Twitter and "persons unknown".

They request disclosure of Twitter users said to be behind the publication of confidential information.

Legal fight

The order requires Twitter to disclose the requested information within seven days - or within the appropriate time required by Californian law.

Lawyers at Schillings who represent CTB have issued a statement clarifying the action it has taken.

It said it was not suing Twitter but had made an application "to obtain limited information concerning the unlawful use of Twitter by a small number of individuals who may have breached a court order".

Twitter has refused to comment on the matter.

There are precedents for legal action to find out the names of individuals behind some Twitter accounts.

ANALYSIS

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Once again Twitter finds itself centre stage in the debate over privacy.

Two weeks ago, one Twitter follower made a concerted attempt to challenge the law by pulling together, in a short burst of tweets, the names of celebrities thought to have taken out gagging orders.

Jemima Khan poured petrol on the flames by tweeting a denial, giving broadcasters and newspapers a legitimate peg to run the story.

Websites such as Twitter have put a huge strain on the ability of the courts to enforce gagging orders and it has been widely assumed there is no legal redress against them.

The Culture Secretary Jeremy Hunt said this week that digital media had made an ass of the law and it was hard to enforce injunctions against Twitter because it was incorporated in the United States.

Now it seems the law is about to be tested.

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Twitter has been resisting attempts by the US government to subpoena information on a number of users in relation to the Wikileaks debacle.

However, the legal action is taking place within the United States, where the company has its headquarters.

To date, there have been no such actions against users who published anonymously or under assumed names.

Media lawyer Nick Lockett said the legal action against Twitter may not have much effect.

"What will have to be established is that Twitter was subject to the jurisdiction of the court," he said. While UK courts claim worldwide jurisdiction this has often proved hard to enforce.

In the case of the US, said Mr Lockett, the situation was complicated by the Communications Decency Act which grants immunity from prosecution for providers of "interactive computer services" under certain circumstances.

Lawyers acting for CTB may struggle to prove that Twitter does not deserve this immunity, said Mr Lockett.



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Thursday, May 19, 2011

Mobile wallet offered to shoppers

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Watch: Rory Cellan-Jones demonstrates how it can work

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The first service that allows users to pay for purchases via their mobile phone has been launched in the UK.

Among shops signed up to the system are McDonalds, EAT, Pret-a-Manger and some Boots stores.

Users wishing to use the system - dubbed Quick Tap - will need Orange and Barclaycard accounts as well as a handset set up for contactless payments.

The idea of the mobile wallet is gaining popularity around Europe.

Motorway toll

The service is made possible by Near Field Communication (NFC), the short-range wireless technology that underpins many wireless payment systems.

Quick Tap is a collaboration between Orange and Barclaycard. It will require a NFC-enabled Samsung Tocco Lite handset, which also goes on sale on Friday.

Only purchases up to a value of �15 can be made using the service but users can preload their mobile with up to �100.

"Having a wallet on my phone has made it much more convenient to make purchases on the move and I like that it allows me to keep track of what I'm spending as I go," said David Chan, chief executive of Barclaycard Consumer.

"It is going to start a revolution in the way we pay for things on the high street," added Pippa Dunn, vice president of Orange.

Other stores signed up the service include Subway, Little Chef, Wilkinson and the National Trust.

Later this summer, users will also be able to use the service to pay the toll on the M6 motorway.

Olympic vision

Giles Ubaghs, an analyst with Datamonitor, thinks take-up may be sluggish.

"It is an important first step but I think there could be a lack of incentive. Early adopters may like it for the novelty value but the majority just won't see the point," he said.

Mobile wallet services have been available in Japan for some years and operator DoCoMo NTT spent a good deal of cash getting them up and running.

"They even had to buy a convenience store chain to get the readers in there but all the evidence is that people don't use it that often. Only around 10% seem to use the NFC functionality on their phones," said Mr Ubaghs.

Mobile couponing, where people can swipe their handsets in order to get discounts on goods, could kickstart NFC technology, he thinks.

Or it could find popularity in the future as an alternative to Bluetooth.

"It may be used for swapping data from phone to phone or for, say, taking pictures from a phone and putting them on a TV," he said.

Nokia is believed to be bringing out an NFC-enabled version of the popular game Angry Birds later this year.

In 2009 O2 trialled contactless payments, using mobiles in place of the popular Oyster card which allows commuters to pay for their tube journeys.

It has said it will launch its mobile wallet service later this year.

By the time of the Olympics it is expected that transactions, transport and tickets will all be available via contactless technology.

Currently there are 50,000 stores with NFC-enabled readers in the UK.

Some 12.9 million credit and debit cards are already in circulation.



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Sony faces further security woes

A website set up by Sony to allow users to reset their passwords following last month's hack attack is itself subject to a security alert.

A Sony user discovered an exploit on the site that could have been used by hackers to impersonate users.

Password resets have been necessary following the exposure of 77 million Sony PlayStation users' personal details.

Sony admitted the sites were insecure but said no hack had occurred.

In its blog it said: "We temporarily took down the PSN password reset page. Contrary to some reports, there was no hack involved. In the process of resetting of passwords there was a URL exploit that we have subsequently fixed," Sony said in a statement.

It will be further embarrassment for the gaming giant and more inconvenience for its users.

"Anyone who has already reset their password is still able to gain access to the PSN but for those who haven't they wont be able to reset it until the servers go live again, which will be shortly," said a Sony spokesman.

Wesley Yin-Poole, news editor of gaming website Eurogamer explained what had happened.

"There was an exploit that allowed anyone to reset your password using just your e-mail address and date of birth, effectively locking them out of their own PlayStation account," he said.

E-mail addresses and dates of birth are some of the personal details thought to have been stolen by hackers last month.

"This is just another embarrassment hot on the heels of the hack attack. It is nowhere near as serious but will be another headache for Sony," he added.

The majority of PlayStation users are able to reset their password through their consoles rather than by going online.

On 20 April the Japanese electronics giant was forced to shut down its PlayStation network, after what has been described as the biggest hack attack in history.

Yesterday, Sony boss Howard Stringer said the firm did act quickly enough to tell users about the problems.

Sony has offered users a year's free identity protection and free games in order to persuade them back to the network.



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Netflix dominates US net traffic

Movie and TV streaming site Netflix is now the single biggest source of internet traffic in the US, according to research.

The data, gathered by network monitoring firm Sandvine, showed that in March the site accounted for 29.7% of downstream traffic at peak times.

That is more than web browsing and peer-to-peer file sharing.

Experts warned that as the trend grows, internet service providers will face costly upgrades to satisfy demand.

Even at off peak times Netflix accounted for a 22% average traffic share over a 24 hour period.

The site's popularity is part of a wider change in the nature of internet traffic.

The Sandvine report suggests that "real-time entertainment" - streaming of video and audio - is "continuing its journey to network dominance" and is responsible for 49.2% of peak time internet congestion in the US.

That represents a 44% increase since Autumn 2010. Researchers warned that at the current rate it would make up 55%-60% of all traffic by the end of the year.

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It's very difficult to engineer a network that can scale to four times when there's a 'flash flood'. The Olympics are going to cause a problem."

End Quote Simon Davies Co-founder, IDNet
Traffic hog

In Europe, such streaming accounts for 33.2% of internet traffic, a percentage which has been rising for the past three years.

Netflix is not available in the UK, but Sandvine said that the BBC iPlayer - the biggest streamer of commercial content in the UK - has a 6.6% share of peak traffic.

YouTube remains the biggest video streaming site in the world, but the Google-owned site has shorter videos of lower quality - meaning small file sizes and less bandwidth consumed.

Changing patterns of consumption present a big challenge for internet service providers which can struggle under the strain of big live events such as the World Cup or the Royal Wedding.

Simon Davies, co-founder of UK-based IDNet, said ISPs were not geared up to take over from TV broadcasters.

"The problem comes with events like the World Cup and the Olympics, where you get 'flash floods'," he said.

"It's very difficult to engineer a network that can scale to four times when there's a 'flash flood'. The Olympics are going to cause a problem."

In the past, ISPs could handle heavy-loads by slowing down certain services, such as peer-to-peer file sharing, at peak times to manage the load.

"The problem with real-time content like movies or television content - especially or more so if it's live - is that you can't really do that because the user experience deteriorates," explained Sebastien Lahtinen from ThinkBroadband.com.

A spokesman for the Internet Service Providers Association told the BBC that the industry has acknowledged the challenges.

"ISPs are aware of this issue and manage their networks appropriately to cope with high quality content and continue to invest in upgrading their networks to improve capacity.

"ISPs also offer a number of broadband packages to accommodate users that require high bandwidth services.

"The UK's broadband market is extremely competitive and continues to deliver the best service possible for the end user."

However, Mr Lahtinen added that the user base demanding high-bandwidth services is growing rapidly, and that smaller ISPs may struggle to cope with investing in the necessary upgrades to keep a smooth service.

"If you have an ISP that's growing very very fast, who's trying to avoid paying very large costs until they absolutely need it, that's when you're more likely to see those problems," he said.



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Fake security software hits Macs

A fake security program for Apple computers called MACDefender has racked up a significant number of victims.

Hundreds of people who installed the software have turned to Apple's forums for help to remove it.

The program's tactic of peppering screens with pornographic pictures has made many keen to get rid of it.

MACDefender seems to have been successful because of the work its creators did to make it appear high up in search results.

The number of people seeking help was uncovered by ZDNet journalist Ed Bott. In a blog post, he wrote about finding more than 200 separate discussions on Apple's official forums about MACDefender.

The volume of reports about the problem was "exceptional" in his experience, he said.

The fake Mac anti-virus software, which goes by the name of both MACDefender and Mac Security, began circulating in early May and has steadily racked up victims.

Such programs, often called scareware, urge people to install software that then pretends to scan a machine for security problems. It then fabricates a list of threats it has found and asks for cash before it will fix these non-existent problems.

Graham Cluley, senior technology consultant at Sophos, said the scareware's creators had turned to search engines to get the program in front of potential victims by linking it with innocuous phrases such as "Mother's Day".

"You search for something on Google Images, and when you click on an image you are taken to a webpage which serves up the attack - regardless of whether you are running Mac OS X or Windows," he said.

One trick the software uses to make people cough up cash quicker was to fire up the browser of unattended machines and call up one of several different pornographic websites.

Mr Cluley said the vast majority of malware that Sophos and other security firms see is aimed at Windows users. About 100,000 novel malicious programs for Windows are detected every day, he said.

"Although there is much less malware in existence for Mac OS X than there is for Windows, that's no reason to put your head in the sand and think that there are no Mac threats out there," he said.



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Wednesday, May 18, 2011

Google planning privacy controls

Google chairman Eric Schmidt has promised that the firm will simplify the process by which Android phone users agree to share their data.

It follows questions in the US Senate about how much location information is stored by mobile handsets.

Speaking in the UK at a conference on privacy, he also revealed that Google plans to offer web users more control over their online profile.

Mr Schmidt insisted that the company took the matter "very seriously".

He told attendees at the Big Tent debate in Hertfordshire that his firm was working on "a series of projects" aimed at increasing transparency.

Those include a revised Google Dashboard, where users can see what data they have shared with the search giant.

"It is worth stressing that we can only do this with data you have shared with Google. We can't be a vacuum-cleaner for the whole internet," he said.

Mr Schmidt stressed that Google was on the side of consumers when it came to privacy. "In general we take the position that you own your data and should be able to opt in or out of a service," he said.

But he added that if users gave consent for sharing data, it would help Google improve its services.

"Start Quote

There is this myth that privacy stifles innovation. It helps to reassure consumers, therefore encourages innovation"

End Quote Simon Davis Privacy International

"If you choose to give us that information we can do a better job. If we know a little bit more about you we can offer better targeted search," he explained.

Super injunctions revealed

A recent hearing in the US Senate quizzed Google on the amount of data stored on Android handsets. The company argued that it allows people to opt out of location-based services.

But Mr Schmidt conceded that the terms and conditions whereby users sign up to services needs to be simplified. "We intent to do that," he said.

He predicted that such services would be more heavily regulated in the future.

During a lively debate on the issue of privacy, it was revealed to the Big Tent audience, alongside several names of current super-injunction holders, that more data has been collected in the last seven years than in the whole of previous human history.

Simon Davies, head of Privacy International, said it was a mistake to see privacy and the needs of corporations as conflicting.

"There is this myth that privacy stifles innovation. It helps to reassure consumers, therefore encourages innovation," he said.

Meanwhile media executive Peter Bazalgette argued that people should have the right to delete data to give them a clean slate from, for instance, compromising pictures on social networks.

At the same time, some would choose to share more information. "Individuals will sell personal data in return for content," he said.

Not everyone felt that Google Dashboard went far enough when it came to protecting personal data.

What people really need is a "dashboard for their lives", argued David Alexander, director of Mydex, a social enterprise that is designing a platform where people can manage all the data they share with others.

Creating such a "personal data eco-system" would allow people "to stand on an equal footing with government and big corporations", when it comes to data sharing, he said.

Mr Alexander suggested that Google would be very welcome to sign up to it but that it would have to agree not to share information with advertisers.



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Copyright law in digital makeover

A review of the UK's copyright laws offers reforms but not the radical overhaul demanded by some.

It was requested by the prime minister following concerns that they were outdated for the internet age.

The review, led by Professor Ian Hargreaves, recommends legalising the practice of copying music and films.

It also seeks to relax the rules around so-called transformative works - parodies or other reworkings of existing content.

And it calls for the setting up of a new agency to mediate between those wanting to license music, film and other digital content and rights owners.

Prof Hargreaves, of Cardiff University, said: "My recommendations set out how the intellectual property framework can promote innovation and economic growth in the UK economy.

"They are designed to enhance the economic potential of the UK's creative industries and to ensure that the emergence of high technology businesses, especially smaller businesses, in other sectors are not impeded by our IP laws," he added.

Overdue

One of the key changes will be the recommendation to legalise format shifting for personal use - the copying of CDs or DVDs onto digital music players or computers.

Although no individual has been prosecuted for ripping music, having an outdated legal framework has stifled some innovations, the report said.

Some think the change is overdue.

"Format shifting has been implemented in all European countries apart from the UK, the Republic of Ireland and Malta," said Susan Hall, media specialist at law firm Cobbetts LLP.

"In today's world, this doesn't reflect consumer behaviour. The new regulations will allow more flexibility for consumers to enjoy content they have paid for in the way they want to," she added.

Newport rap

Another big idea in the report is the creation of a Digital Copyright Exchange. It will be responsible for so-called orphaned works, content that does not have an identifiable author.

The report recommends a "senior figure" be appointed to oversee its design by the end of next year.

"The proposal will allow organisations, such as the BBC and British Film Institute, to use archive material that would previously not have been permitted to be shown because of doubt about ownership and will allow much freer creation of parodies, remixes and other spin-off works," said Ms Hall.

She also welcomed the decision to relax the laws on parody.

It will allow YouTube clips such as Newport State of Mind new breathing space, she said.

The song performed by a Welsh rap duo became an internet hit when it replaced the Jay Z hit about New York with lyrics about Newport.

But it was taken down following a copyright claim by EMI.

The creative industries will be heaving a collective sigh of relief that the review did not implement more radical reform.

It has been referred to as the 'Google review', after the search giant claimed that it could never have been founded in the UK because of outdated copyright laws.

While the Hargreaves panel accepted that US laws were friendlier towards innovation, it decided that it would not work in the UK because it would require copyright changes across Europe.

Many of the reforms recommended in the report had already been suggested in the 2006 Gowers Review of Intellectual Property but never implemented.



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Sony head says firm acted quickly

The boss of Sony has fired back at critics, insisting it did act quickly enough to tell users about a security breach of its PlayStation network.

Sony chief executive Howard Stringer said most security breaches go unreported, and that only 43% of firms "notify victims within a month".

"We reported in a week. You are telling me my week wasn't fast enough?"

Last month, account information of more than 100 million customers was compromised in a massive cyber attack.

On 20 April, the Japanese electronics giant was forced to shut down its PlayStation network and other services.

Some gaming analysts have criticised Sony for not being quick enough to alert customers about the breach.

"This was an unprecedented situation," Mr Stringer said, speaking publicly for the first time since the security breach.

Mounting cost

The attack is considered the biggest in internet history.

Mr Stringer's remarks are a change in tune from two weeks ago when senior executives bowed to apologise to the company's customers.

Sony is still assessing how much the breach might cost the company.

"There's a charge for system being down, a charge for identity theft insurance," said Mr Stringer.

"The charges mount up but they don't add up to a number we can quantify just yet."

Sony will report its full year results on 26 May.



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Tuesday, May 17, 2011

Sony offers PSN apology package

Sony has begun offering Playstation Network gamers incentives to return to the system following its major hack attack.

The compensation package includes a selection of free games and additional days of premium content.

The plans also include a 12-month free identity protection programme.

The protection will be available for Playstation gamers in the UK, France, Italy, Germany and Spain.

It will offer victim of fraud support, a dedicated helpline and insurance covering expenses incurred in identity restoration.

Details of how to apply for protection can be found on the Playstation blog. Users must be over 18 and have been an account holder on 20 April 2011.

In a press release, Sony said it will "investigate the possibility of similar programmes" in other countries.

Free games

So far, the announcements have been met with mixed response in the Playstation community.

Many gamers complained the games offered were too old, and that the package was "disappointing".

However, senior PR manager for Sony Computer Entertainment Europe (SCEE) Jonathan Fargher told the BBC it represents a good offer.

"Clearly there's going to be a minority of people out there who have some of those games.

"We certainly believe the welcome back programme and the choice of games that we're offering, for free, is good value."

He added that it is the first step in regaining the trust of Playstation users, with more plans being announced soon.

In a blog post, SCEE head of communications Nick Caplin told PS3 gamers that they could pick two games from a list of Little Big Planet, Infamous, Wipeout HD/Fury, Ratchet and Clank: Quest for Booty and Dead Nation.

Playstation Portable users, who were also affected by the downtime, could choose from Little Big Planet PSP, ModNation PSP, Pursuit Force and Killzone Liberation.

"I would like to thank all of the developers and publishers involved in this programme for their support in making this happen. We certainly couldn't have done it without you," Mr Caplin wrote.

"You will be able to access this content once PlayStation Store comes back online and we are doing everything we can to make that happen as soon as possible."

In addition to the free games, users were also offered 30 days free Playstation Plus membership which offers premium content not available to free users.

Existing Playstation Plus subscribers will receive 60 days free.

Users on the Sony Online Entertainment network - another affected by the hack - will receive their own package of 45 days of game time as well as in-game currency.

Old games

The gaming community's reaction to the PSN package has been mixed.

"I own all of the five games I can choose from and have finished most of them," commented user Arkeologen in response to the announcement.

"Isn't there any way you can offer alternatives instead of these old games?"

However, on the US Playstation blog, commenter WhizKid105 said: "Jeeze Sony, I know you're sorry, but you don't have to welcome us back that hard.

"Not that I'm complaining or anything."

Oli Walsh, from Eurogamer.net, believes the compensation package is "fairly generous" given that the Playstation Network is a largely free service.

"They are old games, but they're all good games. The risk is that if you're a real passionate fan you've probably played them already," he said.

"I think it was a very difficult one for them to get right. I'm not sure there is something that would satisfy most people."



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