Internet Library Lending Harms Authors - Book pirates stealing our intersectional screeds

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This is a 2 parter. Posting an article from the Author's Guild along with a response from the Internet Archive.

The Author's Guild is ensuring the world knows it's incapable of adapting to technological change and would prefer we all regress to 1886 stamp press publishing along with all attendant scarcities of scale.

Several important things to note:

- This exchange reveals writers are being paid by libraries for eBooks per download. There has to be a way to game that, like to automate checkouts so our guys get the right amount of attention, or make their guys too expensive to keep on the shelves.

- The average writer in the US makes about $20k a year, putting them just below Denny's waitresses and scrap collectors in terms of income. Public attitudes are being shaped by vagrants and food stamp recipients, as they always have been. The difference here is these ones can afford cell phones.

- There are too many fucking authors if they can have a guild, and they're all stupid for joining something called a guild. We have to think about solutions humanely, in a way that doesn't involve public executions.


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Internet Archive’s National Emergency Library Harms Authors

MARCH 27, 2020

The Authors Guild is appalled by the Internet Archive’s (IA) announcement that it is now making millions of in-copyright books freely available online without restriction on its Open Library site under the guise of a National Emergency Library. IA has no rights whatsoever to these books, much less to give them away indiscriminately without consent of the publisher or author. We are shocked that the Internet Archive would use the Covid-19 epidemic as an excuse to push copyright law further out to the edges, and in doing so, harm authors, many of whom are already struggling.

With mean writing incomes of only $20,300 a year prior to the crisis, authors, like others, are now struggling all the more—from cancelled book tours and loss of freelance work, income supplementing jobs, and speaking engagements. And now they are supposed to swallow this new pill, which robs them of their rights to introduce their books to digital formats as many hundreds of midlist authors do when their books go out of print, and which all but guarantees that author incomes and publisher revenues will decline even further.

IA is using a global crisis to advance a copyright ideology that violates current federal law and hurts most authors. It has misrepresented the nature and legality of the project through a deceptive publicity campaign. Despite giving off the impression that it is expanding access to older and public domain books, a large proportion of the books on Open Library are in fact recent in-copyright books that publishers and authors rely on for critical revenue. Acting as a piracy site—of which there already are too many—the Internet Archive tramples on authors’ rights by giving away their books to the world.

Last year, the Authors Guild and authors sent hundreds of takedown notices to IA and protested the inclusion of their books in the Open Library program. Now, during this pandemic that has severely disrupted authors’ lives and choked the publishing industry, IA once again is undermining authors’ ability to make a living and decide who gets access to their copywritten material.

BACKGROUND

As the Authors Guild has written before, IA’s Open Library has already infringed the rights of hundreds of thousands of living authors as well as estates. IA self-designated itself as a library, though in actuality it is nothing but a website operator that sends millions of books to China for illegal scanning and then lends those books as ebooks out to anyone who visits their site—all in clear violation of copyright law. Unlike a real library, IA never bought or licensed the ebooks it distributes through its Open Library website. Until now, Open Library at least limited the “lending” to one user at a time for each hard copy book scanned (which in some cases includes dozens of copies of a particular title), comparing it to libraries lending out a hard copy book.

IA has made far-fetched claims that it is protected by fair use, but an appellate court case last year squarely decided the issue against them, as we advised them it would. There is simply no basis in the law for scanning and making copies of entire books available to the public. Now, IA has gone further and stripped away the one-user-at-a-time limitation so that any number of readers can access any of 1.4 million books at any time through a couple clicks on openlibrary.org.

As we have learned from prior conversations with IA when we pointed out the illegality of Open Library and the harm to creators caused by giving away books for free online, IA’s leadership is unsympathetic to the plight of authors and their need to earn money from their work. They were insensitive to our arguments as to why unlicensed, unpaid delivery of free books hurts authors and harms the public good in the long run. They were, and clearly still are, unable or unwilling to make the connection between authors’ ability to pay bills and the ability to keep writing. Although IA pays its staff, it apparently doesn’t believe that authors who write as a profession (as compared to academics who write books) need to be paid—as though authors live on air alone. When IA takes authors’ books without paying and gives the books away to anyone in the world who wants them, it is doing nothing less than stealing directly out of authors’ pockets.

As Authors Guild President Doug Preston states, “IA’s Open Library is giving away books that are not theirs to give away. It’s as though they looted a bookstore and started handing away books to passersby. They are hurting authors and bookstores at a time when they can least bear it. Anyone in America already has access to free ebooks through local libraries. There are over 100,000 libraries in the country where the public can access free ebooks.”

A SOLUTION WITHOUT A PROBLEM

AI is pretending to fix a nonexistent problem. It claims that the so-called “Emergency Library” is meant to provide students with “access to assigned readings and library materials that the Internet Archive has digitized for the remainder of the US academic calendar.” There are several misrepresentations in that statement.

There is no new, unfulfilled need for students to have free books due to the coronavirus. Students are indeed facing major challenges during this period, but access to books is not one of them. Publishers are already addressing any needs created by the closures and ensuring that students and their teachers have access to the books they need. The Association of American Publishers has posted a listing of many publishers’ programs to get books to students, teachers, and parents during the shutdown. And students are already accustomed to buying or renting their books online; indeed, many universities don’t even have physical bookstores anymore, and many textbook publishers deliver books to students through online subscription services. The shutdown has not interfered with these online markets.

HITTING US WHEN WE’RE DOWN

Publishers and authors want their books read. Readers do not need Open Library to come to the rescue by further harming the marketplace for books—at a time when the industry is already feeling incredible pain from the bookstore and library closures. Publishers, authors, bookstore owners, and readers have been coming together in magnificent ways these last few weeks to support this fragile industry, so much of which relies on razor-thin margins. Bookstores are closing, forced to lay off staff, small publishers are already hurting so badly that some fear going under if the shut own lasts too long. Everyone is working to support one another and especially the bookstores, so vital to our literary culture. But rather than supporting authors and book publishing, the Internet Archive is undermining it when the industry faces a crisis of epic proportions. Appalling indeed.

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Internet Archive responds: Why we released the National Emergency Library

Last Tuesday we launched a National Emergency Library—1.4M digitized books available to users without a waitlist—in response to the rolling wave of school and library closures that remain in place to date. We’ve received dozens of messages of thanks from teachers and school librarians, who can now help their students access books while their schools, school libraries, and public libraries are closed.

We’ve been asked why we suspended waitlists. On March 17, the American Library Association Executive Board took the extraordinary step to recommend that the nation’s libraries close in response to the COVID-19 outbreak. In doing so, for the first time in history, the entirety of the nation’s print collection housed in libraries is now unavailable, locked away indefinitely behind closed doors.

This is a tremendous and historic outage. According to IMLS FY17 Public Libraries survey (the last fiscal year for which data is publicly available), in FY17 there were more than 716 million physical books in US public libraries. Using the same data, which shows a 2-3% decline in collection holdings per year, we can estimate that public libraries have approximately 650 million books on their shelves in 2020. Right now, today, there are 650 million books that tax-paying citizens have paid to access that are sitting on shelves in closed libraries, inaccessible to them. And that’s just in public libraries.

And so, to meet this unprecedented need at a scale never before seen, we suspended waitlists on our lending collection. As we anticipated, critics including the Authors Guild and the Association of American Publishers have released statements (here and here) condemning the National Emergency Library and the Internet Archive. Both statements contain falsehoods that are being spread widely online. To counter the misinformation, we are addressing the most egregious points here and have also updated our FAQs.
One of the statements suggests you’ve acquired your books illegally. Is that true?

No. The books in the National Emergency Library have been acquired through purchase or donation, just like a traditional library. The Internet Archive preserves and digitizes the books it owns and makes those scans available for users to borrow online, normally one at a time. That borrowing threshold has been suspended through June 30, 2020, or the end of the US national emergency.

Is the Internet Archive a library?

Yes. The Internet Archive is a 501(c)(3) non-profit public charity and is recognized as a library by the government.

What is the legal basis for Internet Archive’s digital lending during normal times?

The concept and practice of controlled digital lending (CDL) has been around for about a decade. It is a lend-like-print system where the library loans out a digital version of a book it owns to one reader at a time, using the same technical protections that publishers use to prevent further redistribution. The legal doctrine underlying this system is fair use, as explained in the Position Statement on Controlled Digital Lending.

Does CDL violate federal law? What about appellate rulings?

No, and many copyright experts agree. CDL relies on a set of careful controls that are designed to mimic the traditional lending model of libraries. To quote from the White Paper on Controlled Digital Lending of Library Books:

“Our principal legal argument for controlled digital lending is that fair use— an “equitable rule of reason”—permits libraries to do online what they have always done with physical collections under the first sale doctrine: lend books. The first sale doctrine, codified in Section 109 of the Copyright Act, provides that anyone who legally acquires a copyrighted work from the copyright holder receives the right to sell, display, or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. This is how libraries loan books. Additionally, fair use ultimately asks, “whether the copyright law’s goal of promoting the Progress of Science and useful Arts would be better served by allowing the use than by preventing it.” In this case we believe it would be. Controlled digital lending as we conceive it is premised on the idea that libraries can embrace their traditional lending role to the digital environment. The system we propose maintains the market balance long-recognized by the courts and Congress as between rightsholders and libraries, and makes it possible for libraries to fulfill their “vital function in society” by enabling the lending of books to benefit the general learning, research, and intellectual enrichment of readers by allowing them limited and controlled digital access to materials online.”

Some have argued that the ReDigi case that held that commercially reselling iTunes music files is not a fair use “precludes” CDL. This is not true, and others have argued that this case actually makes the fair use case for CDL stronger.

How is the National Emergency Library different from the Internet Archive’s normal digital lending?

Because libraries around the country and globe are closed due to the COVID-19 pandemic, Internet Archive has suspended our waitlists temporarily. This means that multiple readers can access a digital book simultaneously, yet still by borrowing the book, meaning that it is returned after 2 weeks and cannot be redistributed.

Is the Internet Archive making these books available without restriction?

No. Readers who borrow a book from the National Emergency Library get it for only two weeks, and their access is disabled unless they check it out again. Internet Archive also uses the same technical protections that publishers use on their ebook offerings in order to prevent additional copies from being made or redistributed.

What about those who say we’re stealing from authors & publishers?

Libraries buy books or get them from donations and lend them out. This has been true and legal for centuries. The idea that this is stealing fundamentally misunderstands the role of libraries in the information ecosystem. As Professor Ariel Katz, in his paper

Copyright, Exhaustion, and the Role of Libraries in the Ecosystem of Knowledge explains:

“Historically, libraries predate copyright, and the institutional role of libraries and institutions of higher learning in the “promotion of science” and the “encouragement of learning” was acknowledged before legislators decided to grant authors exclusive rights in their writings. The historical precedence of libraries and the legal recognition of their public function cannot determine every contemporary copyright question, but this historical fact is not devoid of legal consequence… As long as the copyright ecosystem has a public purpose, then some of the functions that libraries perform are not only fundamental but also indispensable for attaining this purpose. Therefore, the legal rules … that allow libraries to perform these functions remain, and will continue to be, as integral to the copyright system as the copyright itself.”

Do libraries have to ask authors or publishers to digitize their books?

No. Digitizing books to make accessible copies available to the visually impaired is explicitly allowed under 17 USC 121 in the US and around the world under the Marrakesh Treaty. Further, US courts have held that it is fair use for libraries to digitize books for various additional purposes.

Have authors opted out?

Yes, we’ve had authors opt out. We anticipated that would happen as well; in fact, we launched with clear instructions on how to opt out because we understand that authors and creators have been impacted by the same global pandemic that has shuttered libraries and left students without access to print books. Our takedowns are completed quickly and the submitter is notified via email.

Doesn’t my local library already provide access to all of these books?

No. The Internet Archive has focused our collecting on books published between the 1920s and early 2000s, the vast majority of which don’t have a commercially available ebook. Our collection priorities have focused on the broad range of library books to support education and scholarship and have not focused on the latest best sellers that would be featured in a bookstore.

Further, there are approximately 650 million books in public libraries that are locked away and inaccessible during closures related to COVID-19. Many of these are print books that don’t have an ebook equivalent except for the version we’ve scanned. For those books, the only way for a patron to access them while their library is closed is through our scanned copy.

I’ve looked at the books and they’re just images of the pages. I get better ebooks from my public library.
Yes, you do. The Internet Archive takes a picture of each page of its books, and then makes those page images available in an online book reader and encrypted PDFs. We also make encrypted EPUBs available, but they are based on uncorrected OCR, which has errors.
The experience is inferior to what you’ve become accustomed to with Kindle devices. We are making an accessible facsimile of the printed book available to users, not a high quality EPUB like you would find with a modern ebook.

What will happen after June 30 or the end of the US national emergency?
Waitlists will be suspended through June 30, 2020, or the end of the US national emergency, whichever is later. After that, the waitlists will be reimplemented thus limiting the number of borrowable copies to those physical books owned and not being lent.
 
The problem with the lit industry is there's way more supply than there is demand. People don't read as much as they used to. I remember a while back some author was twisting about how dead white men like Terry Pratchett get more shelf space in book shop than new authors, when the fact is those guys generate interest in a genre and get more sales. Added to this is Amazon making it incredibly easy to self-publish which creates even more competition for the full time authors at no real cost to the self-publisher. I'm not saying this to knock self-publishers, I've been in bookshops and there's some utter trash being published by professional houses. Most self-pub I've read was certainly better than the shit churned out by the contracted pros you see on here and twitter, or at the very least had some passion put into it.

Anyhow, if I understand correctly authors get paid an upfront fee upon delivering a book to their publisher, then if the book makes back the cost of that upfront in sales they get a cut of any sales after that. If that's correct then the authors already have their damn money.
 
My position on art is that it should never be considered the primary means of profit for a person or a business. Doing so, while allowing for a higher technical quality of work, reduces the spirit of the art from a passion project to pandering shit shat out every month to meet deadlines and quotas. In the world of mass produced art, meaning, expression, risk, and creativity evaporate under market forces, and things that could go on to be cult classics, perhaps modern classics, are shelved for eternity because they didn't pass the focus group test.

Look at Marvel (and Disney as a whole) right now. A massive company, stagnant on ideas and struggling to maintain quality assurance, because their work is NOT made for passion. A passionate creator will be a harsher self-critic than an impassionate or narcissistic one ever will be. A person who makes art because they want to will create an inherently better product than someone who writes for a paycheck.
 
Fucking retarded. Ppl like chuck wendig can go fuck himself.

Students need these books for their classes. Why would you try to take money from them, as if loans and college in general isn't expensive enough.
 
Fucking exceptional. Ppl like chuck wendig can go fuck himself.

Students need these books for their classes. Why would you try to take money from them, as if loans and college in general isn't expensive enough.
I'd rather be called an asshole than to spend 124$ on a fucking textbook.
 
Manga is tough because they’re competing with hardcore fans who are already used to working quickly (compared to a company, anyways) and for free. Unless they can provide same-day/next-day translations for a reasonable cost and as few translation shenanigans as possible, people are just gonna read fan translations.
Manga and light novels are unique because they have a backwards dependency on the pirates that publishers really don't want to admit.
A large portion of series that get licensed are ones that have fan translations, to the point where certain publishers unironically lurk /a/ to see what's new and popular.
Licensed translation is kinda pozzed anyway, it's at the point where it makes significantly more sense to just mail the creator money instead of buying through middlemen localization companies that are just as likely to add culture war garbage as they are making Steven Universe for double trannies (which is very fortunately already known).
 
I am a firm believer in the idea that scientific/historical knowledge and arts should be easily accessible to the common public. Since we live in a capitalist society it's obvious that creators will be more interested in profit than some wish-washy idea of open knowledge and I don't fault them for that.

Still, piracy is a complex issue. Between DRMs, copyright battles that keep classic literature off the shelves (or only in limited amounts in the shelves and nowhere close to DRM-free EBook stores), foreign literature that only gets translated because of fans who initially consumed the product through piracy; as well as poorly formatted/translated books sold in Amazon; you will always find an argument that shows that piracy isn't always a nefarious activity.

Well, bookstores (and events incentivizing purchase of new books) still exist and lots of indie publishers/writers manage to find profit through online marketing to a target audience. DRM-free stuff also sells well as long as it's well formatted and fairly priced. Some people will always choose to buy physical books too.

Piracy doesn't hinder anyone's ability to make money.
Publishers and writers just need to get creative with their marketing strategy.

Can't say that I care much when the people charging exorbitant amounts for textbooks and scientific papers get screwed tho
 
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Writing turns almost no profit as a career. You can get a small paycheck turning over trash for periodicals, but that's the stuff that literally goes straight into the trash at the end of the month. Books are a complete racket, they're pretty low margin and the author makes a fraction of it anyway. The only way to make money off of it is to get a movie deal or go to live appearances, otherwise it's a glorified passion project and thinking anything else is delusional.
 
Writing turns almost no profit as a career. You can get a small paycheck turning over trash for periodicals, but that's the stuff that literally goes straight into the trash at the end of the month. Books are a complete racket, they're pretty low margin and the author makes a fraction of it anyway. The only way to make money off of it is to get a movie deal or go to live appearances, otherwise it's a glorified passion project and thinking anything else is delusional.
Can confirm. Sometimes you just need to try something to see if it will work.

There's a couple things I've noticed in the process. First one is that people with real jobs and real income don't have a tremendous amount of time to read for pleasure, generally speaking. The burgeoning piles of fiction tend to be consumed by people with a lot of time on their hands, for whatever reason. Commercial fiction is read as it's written: By the yard. I'm not judging it, but I am saying that the money isn't there.

Other thing is 'librarian' is one of those pozzed ghost professions that frumpy ideologues gravitate to based upon gatekeeping prestige that it no longer has. The MLS degree was a union card thirty years ago, but accessing the written word has other pathways that are more expansive and convenient. Some of it is even legal. What's left are institutions and memories, both with diminishing prospects. The siege mentality of the people that got tricked into graduate school student loan debt is palpable, even as they try and deconstruct traditions that no longer exist. It would be sad if they weren't so repellent.
 
Most books and magazines aren’t worth the paper they’re printed on. If we’re qqing about carbon footprint these days, these are easy to axe. Same goes for junk mail too.
 
The main problem is that official translations are often of extremely low quality and done by people who barely know Japanese.
To give the most infamous example, in the official Overlord LN release the translator misunderstood the word for "lamprey" to mean "rabbit". So a vampire is supposed to have a mouth like a parasitic fish instead has... the mouth of a rabbit. This would absolutely not be tolerated in any fan translation, but it's perfectly acceptable if you are paid to translate it because "fuck you, buyfags will gobble it up anyway". There is zero quality control because that's exactly what happens in a zero competition environment where you can just DMCA away better versions of the same product.

Now I really do wish it were otherwise; but fan translations built the weeb community, they're the primary driver of new series becoming popular in the west, and are often the first and last place to go for any niche series that has yet to be picked up - and may well never be picked up - by official licencors. The best possible outcome really would be a LN or Manga version of Steam, where the Japanese themselves ensure quality control and hire competent translators instead of whoever the fuck YenPress seems to farm out their work to, and there is no western middleman leeching away profits that result in Japs not giving a fuck about how well something sells in the west; but none of that will ever happen.
Don't let your memes be dreams.

You've spotted an underserved demand in the manga/ light novel market for quality translations. A talent aggregator agency that pools talent from the do-it-for-free weeb crowd could be functional company. The weebs would be happy to be paid for work they're passionate about, fans could get fresh, quality translations via a subscription/tiered membership model, and manga producers could sell their product to western audiences without having to go through shitfuck translation houses that make unnecessary changes to the art, dialogue, and plot.

I find it sad that "we'll accurately translate your work" is a gimmick in the manga/LN space.

Writing turns almost no profit as a career. You can get a small paycheck turning over trash for periodicals, but that's the stuff that literally goes straight into the trash at the end of the month. Books are a complete racket, they're pretty low margin and the author makes a fraction of it anyway. The only way to make money off of it is to get a movie deal or go to live appearances, otherwise it's a glorified passion project and thinking anything else is delusional.

What most authors and aspiring authors fail to understand is that you still need a day job if you haven't hit paydirt with the next Harry Potter or Twilight or whatever. Also the more high brow or avant-garde your writing is, the less people are going to read it. Unless you have a foot in the door in Hollywood or have the aforementioned next Harry Potter, don't even dream of a movie deal. Trash like Ready Player One got a movie because the author had a Hollywood connection and the book was prime time nostalgia bait and advertisement material.

People caught up in the romanticism about "being an author" need to realize that the days of authors living the Bohemian lifestyle like Hemmingway did are over. Can't do that in the 21st century.
View any income from publication deals and royalties as a nice little passive income from your hobby, not as a primary income source. Hope for the best, but never have any expectations of success.
 
>The Internet Archive has focused our collecting on books published between the 1920s and early 2000s, the vast majority of which don’t have a commercially available ebook.
>not focused on the latest best sellers that would be featured in a bookstore.

How many of the people bitching on twitter don't want to admit that their magnum opuses are OOP yellowed paperbacks from 2006, written at a middle school level of literacy?
 
What most authors and aspiring authors fail to understand is that you still need a day job if you haven't hit paydirt with the next Harry Potter or Twilight or whatever. Also the more high brow or avant-garde your writing is, the less people are going to read it. Unless you have a foot in the door in Hollywood or have the aforementioned next Harry Potter, don't even dream of a movie deal. Trash like Ready Player One got a movie because the author had a Hollywood connection and the book was prime time nostalgia bait and advertisement material.

People caught up in the romanticism about "being an author" need to realize that the days of authors living the Bohemian lifestyle like Hemmingway did are over. Can't do that in the 21st century.
View any income from publication deals and royalties as a nice little passive income from your hobby, not as a primary income source. Hope for the best, but never have any expectations of success.

The sad thing is that a lot of would be authors are more interested in the fame and fortune. They don't realize that book launch parties are almost exclusively reserved for the likes of J.K. Rowling and GRRM (When he finally finishes his last two fucking books) and people like Rowling were abso-fucking-lutely lucky as shit. These would be authors idea of success isn't writing a story that readers will enjoy, even if it's not exactly well known to the general public. For them it's monetary success, tons of cash, the movie deals, having cosplays and all sorts of hyper consumerist shit. Nearly all of the so-called authors pursuing that route are egotistical douches. Anyone that wants a good example should look up the Maradonia saga by Gloria Tesch. She's one of the worst offenders I can think of off the top of my head and I believe we've got a thread on her in the Art & Literature subforum. Hell, most people don't realize that GRRM had a decent following going even BEFORE Game of Thrones was a huge fucking deal. He wasn't god tier like he is now (Or shit tier depending on your perspective), but within fantasy circles he had a pretty solid fanbase that was nothing compared to what it is now. I'd be more content with that outcome than pumping out souless dreck in the hopes that it winds up being the next YA novel craze.
 
Fuck these greedy publishers and authors. They need to adopt the same attitude the South Park creators did back in the day. They embraced piracy, and put all their episodes online for free. I still bought all the DVDs. I guess they have to be good to get people to want to continue buying their shit, and most of these faggots whining are probably garbage tier.

I was looking at audiobook prices today and the second book in the "Wheel of Time" series cost $47.93. What a fucking scam. I'd happily pay $10-$15, maybe even $20 if it was especially long. $50 is greedy nonsense though. These publishers need to pull their heads of out their asses. Nobody is going to buy an audiobook for $50. I get producing the audiobook is not free, but nothing in their production justifies a $50 price tag. You'd make a lot more money if it were reasonably priced.
 
You've spotted an underserved demand in the manga/ light novel market for quality translations. A talent aggregator agency that pools talent from the do-it-for-free weeb crowd could be functional company. The weebs would be happy to be paid for work they're passionate about, fans could get fresh, quality translations via a subscription/tiered membership model, and manga producers could sell their product to western audiences without having to go through shitfuck translation houses that make unnecessary changes to the art, dialogue, and plot.
Isn't that how a lot of VN/LN distributors got started, including the ones who are absolute shit now? I wonder if you had a company honestly translating and distributing them if you'd be targeted relentlessly by competitors who'd use their clout to whip up Twitter mobs at you and everyone who's ever worked for you? They'd slam you with the usual SJW pscreeching alongside made up BS about sexual harassment, and how the translators aren't being paid fairly or whatever and try and get your contracts cancelled and future business wrecked.

There are some fucked up gatekeepers in these industries, as the Weeb Wars bullshit shows, and they absolutely hate anyone who threatens them from doing business as usual.
 
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