WEDNESDAY
4 SEP 2013

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Q&A: ANDY CHATTERLY, MUSO
While the industry might want to lobby for new laws to combat file-sharing, MUSO says that it has found forming positive relationships with these companies has been most productive, with takedown notices more efficiently enacted, and some services simplifying the process for rights owners even more. CMU Business Editor Chris Cooke spoke to MUSO co-founder Andy Chatterly to find out how the service works and to discuss the pros and cons of making takedowns notices a routine part of a label's business more>>
 
APPROVED: MØ - XXX 88
MØ is Google-shy Dane Karen Marie Ørsted, 'the new girl' amid a Scandinavian pop clique so unfailingly great it hardly bears my saying it. With an ace pack of singles dealt already, she will on a TBA date in the near future release an EP that will, at the very least, feature a new track circa earlier this week, Diplo baby 'XXX 88'. Finding Diplo in controlled mode, limiting his normal bombast to a tangy brass trim on its main 'hook', the track hangs MØ's satin vocal lilt in balance with a crisp trap backing more>>

TOP STORIES
- Ministry Of Sound sues Spotify over playlists
IN THE POP COURTS
- Warner/Chappell responds to Happy Birthday lawsuit
- Canadian retailers remove Led Zep DVD from shelves after bootleg claim
AWARDS & CONTESTS
- AIM Awards presented
CHARTS, STATS & POLLS
- Better late than never: thirteen Beatles albums go platinum
RELEASE NEWS
- Pixies release EP, first in series
- Joker gives away Sega EP
- Sleigh Bells pitch Bitter Rivals
- Nicolas Jaar confirms Darkside LP
GIGS & TOURS NEWS
- Ricky Gervais to open for Coldplay?
- Naughty Boy plots naughty tour
- Giggs adds London date
FESTIVAL NEWS
- Festival line-up update: Rewire, Ringmaster, Rebellion and more
THE MUSIC BUSINESS
- Andrew Daw promoted to Senior Vice President of Universal Strategic Marketing
- Vevo appoints Jonathan Carson as Chief Revenue Officer
AND FINALLY...
- Miley Cyrus discusses "history making" VMA performance
PRS FOR MUSIC - LICENCE SIMPLIFICATION MANAGER
We are recruiting for a two year fixed term contract to manage and implement a major licence simplification programme which will in turn lead to increased revenue, simplified ways of working, and transparency for licensees and reduced costs. This is a pivotal role within our Public Performance Sales (PPS) business unit and the role holder will play a large role in contributing towards our five-year plan.

For more information including a full job description and how to apply click here.
   
COOKING VINYL - SENIOR PRODUCT/MARKETING MANAGER
Cooking Vinyl is expanding its team and is looking for a passionate music lover with at least three years previous experience of planning and managing high profile artist campaigns. You must be up to date with the current digital landscape and have a sound and current knowledge of media, marketing and retail.

For more information including a full job description and how to apply click here.
   
FULL TIME HOBBY - PROJECT MANAGER
Full Time Hobby is a London-based independent music company looking for a project manager to work directly on our Full Time Hobby label releases. The ideal candidate should be passionate about music, very organised and ideally have some experience of working as a project manager within a record label, though experience within other areas of the music industry will be considered.

For more information including a full job description and how to apply click here.
   
TRAINING AD: LONDON JOURNALISM CENTRE - MUSIC JOURNALISM COURSE
Eight week evening course with music journalist Lulu Le Vay (Guardian, Independent, Observer, i-D, Sleaze Nation, The Face, DJ magazine), and Matthew Bennett, Deputy Editor of Clash Magazine. Learn how to source hot music stories, network with industry insiders, interview artists, write reviews and features, and deliver copy under pressure. You will also get to pitch your interview and feature ideas to editors at our partner publications: Clash Magazine, Dummy, Resident Advisor and DJ Mag.

For more information including a full job description and how to apply click here.
   
OUTPOST - ONLINE PR ACCOUNT MANAGER
Music PR agency is looking for a sharp Online PR Account Manager who loves the web and takes pride in doing a superstar job. You will require significant music online experience, with a proven track record of working across artist PR, events and social media campaigns. You must also have excellent writing ability, coupled with a passion for music and youth culture.

For more information including a full job description and how to apply click here.
   
LISTEN UP - PRESS INTERN
Listen Up is seeking an energetic and enthusiastic press intern to assist our press department across their print and online campaigns. If you are a budding publicist looking to get your first foot in the door then this could be the opportunity for you.

For more information including a full job description and how to apply click here.
   
TRAINING AD: NEW SEASON OF CMU INSIGHTS COURSES
These five courses each work as stand-alones, but also join together to provide a complete overview of the music business in 2013 over five Wednesday afternoons. Each session costs £99, or you can attend all five courses for £399.

For more information and how to apply click here.
   
EMMS PUBLICITY - FREELANCE MUSIC PR
EMMS Publicity is looking for an experienced Music PR Freelancer, 2-3 days a week. You should have a proven track record of successfully launching new artists as well as managing high profile campaigns. The ideal candidate will have an exceptional writing ability and a great industry contact base. You'll be required to assist on existing accounts with equal focus on both digital and print media.

For more information including a full job description and how to apply click here.
   
MAMA & COMPANY - E-MARKETING CO-ORDINATOR
MAMA & Company are looking for someone with a passion for e-marketing and database management. You will be creating and managing all of MAMA's email marketing campaigns to promote artists, gigs and tours through new announcements, pre-sales and event listings based on the requirements of Marketing department.

For more information including a full job description and how to apply click here.
   
NEVER SAY DIE - LABEL MANAGER
Never Say Die are a forward thinking electronic bass music company based in London. We are looking for a Label Manager to manage our two labels and oversee the day-to-day running of our multifaceted business. As opportunities arise for growth so do the opportunities for the role of Label Manager as we expand our PR and Management divisions.

For more information including a full job description and how to apply click here.

MINISTRY OF SOUND SUES SPOTIFY OVER PLAYLISTS
Ministry Of Sound's battles are always interesting, but its latest bit of litigation is fascinating. The clubbing firm has sued Spotify because the streaming company has refused to remove playlists posted to its platform by users which copy tracklistings of compilation albums released by the Ministry label.

Although Ministry is yet to licence music from its catalogue of original releases to Spotify, most of the tracks on the firm's famous compilation releases belong to other labels, often majors, and are therefore available via the streaming service, enabling users to organise said tracks into playlists in the order they appear on their favourite Ministry compos. But, argues Ministry, intellectual property exists in the curation of the compilation records, in addition to the various copyrights that exist in the featured tracks.

Speaking to The Guardian, Ministry boss Lohan Presencer says his company has been talking to Spotify about this issue for some time but without resolution, hence why the label went legal yesterday. Never one to mince his words, Presencer told the broadsheet: "It's been incredibly frustrating: we think it's been very clear what we're arguing, but there has been a brick wall from Spotify".

The lawsuit, assuming it actually reaches the courtroom, could prove to be a very interesting test case. Some of the playlists Ministry has tried to have removed from Spotify actually include the clubbing brand's name in their title, and in those scenarios there may well be a case under trademark or passing off laws. But more interesting is the question as to whether copyright applies to curation.

Under UK law, copyright exists in listings, including TV schedules and football fixtures, so there is precedent for protecting the copyright in lists. In some of the test cases around listings IP, it was ruled that the copyright existed to reward the effort of those who compiled the data. And something similar could be said to the individuals and companies who compile music for compilation releases.

Though lawyers for Spotify would presumably argue that copyright in playlists would be a step too far, and hard to enforce. TV or football listings consist of a specific arrangement of programmes or games that are unlikely to be replicated by other parties.

If compilations - and playlists - consist, as they often do, of just tens of tracks, and millions of playlists are being created, there's an argument that identical playlists could be routinely created (and what about radio playlists, where certain radio networks have very similar lists to their competitors?).

If publishing a list identical to another would open the curator up to a copyright infringement claim, that would make playlisting a risky business. Unless the law could be refined to only apply if a defendant deliberately ripped off someone else's curated list.

So, plenty of topics for debate if and when this lawsuit gets to court. Meanwhile Presencer points out to The Guardian: "Everyone is talking about curation, but curation has been the cornerstone of our business for the last 20 years. If we don't step up and take some action against a service and users that are dismissing our curation skills as just a list, that opens up the floodgates to anybody who wants to copy what a curator is doing".

Even if you think Presencer has a point, Ministry's lawsuit will pose some PR challenges for the music company. Because while Spotify-bashing has been in fashion of late, the litigation indirectly targets Spotify users too who enjoy the playlisting process.

Some will almost certainly accuse Ministry of suing in a bid to rescue its compilation business, once a cash cow for the firm, but less successful in recent years (though, perversely, in the download space compilations are undergoing something of a revival this year).

Meanwhile those labels not in the compilations business who are starting to see getting tracks playlisted on Spotify-style platforms as an increasingly important marketing objective (so to ensure sustained long-term streaming royalties) probably won't support moves to throw a spanner in the works for the playlisting phenomenon.

Whether others in the compilations space will come out as supporters remains to be seen. The big major-label owned compo franchise, 'Now That's What I Call Music', has embraced Spotify, though Sony and Universal own many of the tracks featured, and therefore receive royalties if people play Now playlists via streaming platforms for the individual songs rather than the curated list.

But either way, anyone in the curation game will be watching this case with interest. And some may be checking the contracts with the DJs or contractors they employed to curate their mixes. Because if there is copyright in the curation, but that's not mentioned in those agreements, the rights might sit with the individual curator rather than the label.

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WARNER/CHAPPELL RESPONDS TO HAPPY BIRTHDAY LAWSUIT
Warner/Chappell has responded to the lawsuit in the US over the copyright in 'Happy Birthday'.

As previously reported, a film company that made a documentary about the history of the song (and had to get a licence from the publisher to use it in the film) says it has unearthed evidence that the work was published earlier than the Warner publishing company claims, and is suing in a bid to have that point clarified in the courts, as well as for various damages.

The differences in dates is important because of changes in American copyright law in the early decades of the 20th Century. If the original publication dates were as the film firm claims the song would now be in the public domain in America, stopping Warner/Chappell, which acquired the rights in the song in 1990, from taking royalties whenever it is used. It's thought the song generates over $2 million a year for the Warner publishing firm worldwide.

Warner/Chappell has now issued its own legal papers in response to the lawsuit, though the document doesn't make any effort to discuss the ins and outs of when 'Happy Birthday' was first published, despite the plaintiff going into great detail on that point. Instead the response papers focus on various technicalities relating to the case, in a bid to have a number of the specific claims and allegations contained in the original litigation dismissed.

According to Billboard, experts reckon Warner's first attack is focusing on having the potential damages that could stem from the litigation cut down to size, partly to limit the cost of any successful outcome, but more to test the resolve of the litigants, whose lawyers may be less keen to invest time into the case if the potential pay outs are more modest. Debates about whether or not 'Happy Birthday' is actually in the public domain in the US are, it seems, for another day.

It remains to be seen how the courts respond to Warner/Chappell's various dismissal claims. As previously noted, the debate doesn't apply to Europe, where a different copyright system makes publication date irrelevant, and where the copyright in the song is due to expire in 2016.

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CANADIAN RETAILERS REMOVE LED ZEP DVD FROM SHELVES AFTER BOOTLEG CLAIM
HMV and Best Buy in Canada have pulled a DVD featuring a Robert Plant and Jimmy Page concert filmed in Japan in 1996 after Page's lawyer declared the release an unofficial bootleg.

According to the QMI Agency, the boss of HMV Canada said they had been initially assured the DVD was legit by distributor Koch Entertainment, but a spokesman for the retailer has said they are now removing the product while they investigate further. Meanwhile Page's lawyer George Fearon told the news agency "it is a bootleg".

QMI reckons the content on the DVD, which is currently available in the UK on import via Amazon, is taken from a video of the Japanese concert recorded by Led Zeppelin fan Terry Stephenson. He says he had permission to make the recording, and shared copies of it with the band themselves as well as some other fans, but that the film was never intended for commercial release.

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AIM AWARDS PRESENTED
Billy Bragg provided a grand finale to the third edition of the AIM Independent Music Awards at The Brewery in the City Of London last night, performing three songs after picking up the Outstanding Contribution To Music prize from Michael Eavis.

"At least we know AIM definitely can organise a piss up in a brewery", he joked as he bigged up the independent sector, and the two labels he has worked with over his career, Go Discs and Cooking Vinyl.

It concluded an evening celebrating the creative and commercial successes of the UK's independent label community, which is now - AIM boss Alison Wenham declared at the start of the night - the "entire British record industry", since the acquisition of the UK-based major music firm EMI by Sony and Universal.

Geoff Travis picked up the Pioneer Award after hearing a string of tributes from the likes of Daniel Miller, Jarvis Cocker, Scritti Politti's Green Gartside, numerous current Rough Trade signings, and members of Pussy Riot, who Travis is currently working with on a book project. Travis in turn paid tribute to various former and current colleagues, and, of course, his long term business partner Jeanette Lee.

Elsewhere Warp Records picked up the Label Of The Year gong, a suited Enter Shikari collected the Independent Album Of The Year prize, and 6music's Gilles Peterson won the Indie Champion Award. Coming up a full list of winners, but first a quote from the aforementioned Wenham.

"This year's AIM Awards winners reflect the towering strength of the indies in A&R. The high quality and diversity of all the winners in a very strong year for the sector points to a bright future for the UK music industry. Historically, the UK's indie sector has punched above its weight in the international marketplace and we are confident the winners will enjoy success across the world in the years to come".

Best Live Act: Enter Shikari
Independent Breakthrough Of The Year: Macklemore & Ryan Lewis
Hardest Working Band Or Artist: Frankie & The Heartstrings
PPL Award For Most Played New Independent Act: Macklemore & Ryan Lewis

Independent Track Of The Year : Vampire Weekend - 'Diane Young'
Independent Video Of The Year: Django Django - 'WOR'
Independent Album Of The Year: Daughter - If You Leave
Best 'Difficult' Second Album: The xx - Co-exist
Special Catalogue Release Of The Year: Various Artists - Scared To Get Happy: A Story of Indie Pop 1980 - 89

Independent Label Of The Year: Warp
Best Small Label: Alcopop! Records
Golden Welly Award (Best Independent Festival): In The Woods

Indie Champion Award: Gilles Peterson - BBC 6music
Special Recognition Award: Steve Lamacq - BBC 6music
Pioneer Award: Geoff Travis, Rough Trade
Outstanding Contribution to Music: Billy Bragg

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BETTER LATE THAN NEVER: THIRTEEN BEATLES ALBUMS GO PLATINUM
The BPI has handed out thirteen platinum and multi-platinum discs to The Beatles, according to the BBC, following changes to the way its sales awards are doled out, which came into force in July.

Previously it was the responsibility of record labels to claim silver, gold, platinum and multi-platinum discs, and apparently no one ever bothered with albums including 'Sgt Pepper's Lonely Hearts Club Band' and 'Help'. I guess when you were working with The Beatles every day, accolades might have become a bit boring.

From 19 Jul, sales achievement discs were automatically shipped out based on data from the Official Charts Company, with some of the first to receive their prizes under the new system including Ellie Goulding, Bruno Mars, Rita Ora and Little Mix. Further awards were handed out based on data going back to 1994, which is as far as the OCC's records go.

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PIXIES RELEASE EP, FIRST IN SERIES
Pixies released a surprise EP titled 'EP-1' yesterday. The first in a series they'll release periodically over forthcoming months, it's available now digitally and/or as one of only 5000 limited edition vinyl discs.

Confirming all that via the New York Times, Black Francis also talked a bit re the EP's lead track, 'Indie Cindy': "It's all about self-doubt. It says to the audience, I don't know if this romance has still got what it needs to happen again. I don't know if you'll accept me; I don't know if I accept you. But we have this memory. Can we do it again?"

And now watch the video to that there track.

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JOKER GIVES AWAY SEGA EP
Bristol bass DJ Joker has released a free EP. Yeah that's right 'the' Pixies, free. Anyway, the gratis nine-track extended play, titled 'Sega Joker Drive' for the fact that it samples a certain video game, is available now, as indicated by this widget.

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SLEIGH BELLS PITCH BITTER RIVALS
As half-predicted, Sleigh Bells have a new LP on the way. Assigned the title 'Bitter Rivals', it finds the band "showing their established aesthetic", and "creating relevant and excitingly badass pop", all at the same time.

If that appeals, fans will be able to pay to play it on its official release date, 7 Oct. Pending that, here's its lead/title track.

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NICOLAS JAAR CONFIRMS DARKSIDE LP
Nico Jaar and Dave Harrington's Darkside collaboration will on 8 Oct give forth its first real release, a dual-disc LP titled 'Psychic'.

Disclosing the first eleven minutes of that in one go, this is 'Golden Arrow'.

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RICKY GERVAIS TO OPEN FOR COLDPLAY?
Chris Martin has had the bright idea to let David Brent, aka Ricky Gervais, sing songs on his (Chris Martin's) and Coldplay's TBA next tour.

The Sun says Gervais, who back in his 'Extras' days invited Martin to appear as 'himself' in the series, "has already got a date booked in to support Coldplay at Hammersmith Apollo when they start to test new material on fans".

This latest news follows Gervais recent-ish revelation that he'd been asked by several labels to make an LP as Brent. Oh dear, oh dear.

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NAUGHTY BOY PLOTS NAUGHTY TOUR
That Naughty Boy, aka Shahid Khan, is going to show off his star-stashed new LP, the Emeli Sande/Tinie Tempah/Pro Green/Ed Sheeran/Bastille/Gabrielle/Sam Smith-featuring 'Hotel Cabana', on a line of live dates that starts in Brighton on 12 Nov.

Naughty Boy, and possibly the odd A-list vocalist, will do his thing as follows:

12 Nov: Brighton, Concorde
13 Nov: London, Brixton Electric
15 Nov: Birmingham Library
16 Nov: Manchester, Club Academy
17 Nov: Glasgow, ABC 2

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GIGGS ADDS LONDON DATE
'Is It Gangsta? Yes Yes Yes' MC Giggs will play a headline date at Chelsea 'hotspot' Under The Bridge on 14 Oct. Coincidentally, his new LP, 'When Will It Stop', is released the night prior.

In the meantime, this is Giggs (and Mark Ronson) new single, the title of which I've already said.

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FESTIVAL LINE-UP UPDATE: REWIRE, RINGMASTER, REBELLION AND MORE
As 'après ski' weekender Freeze (27 Nov - 1 Dec) reveals it's transferring to a new site on London's Clapham Common, what else have festivals to say for themselves news-wise?

Well, if we're talking additions, it's all happening at Yorkshire's Ireby Festival, towering Blackpool rock riot Rebellion, excellent Netherlands fest Rewire and indie circus Ringmaster, as they add the following newly-listed acts to their respective line-ups:

IREBY FESTIVAL, various venues, Ireby, Yorkshire, 23-24 May 2014: Eddi Reader, Martyn Joseph, The Bills, Eliza Gilkyson, Amanda Shires , Flats & Sharps, The Willows, The WIll Pound Band, Blackbeard's Tea Party, Marc Block, Chris James and Martin Fletcher, Weikie, Elaine Davidson, Steve Folk & Jane South, Jessica Lawson, Stark, Louise Jordan, Ian Douglas. www.irebyfestival.co.uk

REBELLION, Blackpool Winter Gardens, Blackpool, 7-10 Aug 2014: Random Hand, 999, Gimp Fist, Not Sensibles, Rust, Runnin' Riot, Geoffrey Oi!Cott, Fire Exit. www.rebellionfestivals.com

REWIRE, The Hague, Netherlands, 8-9 Nov: Julia Holter, Iceage, Nathan Fake, The KVB, Black Marble, Lucrecia Dalt, James Ferraro, Møster!, Old Apparatus, Lone, Space Dimension Controller, dBridge, Cloud Boat, Berend Strik, Lyndsey Housden, Nishiko, Jonas Lund. www.rewirefestival.nl

RINGMASTER FESTIVAL, Hopton Court, Cleobury Mortimer, Worcestershire, 27-28 Sep: Dry The River, Night Engine, Gnarwolves, Flyte, Dancing Years, Bluebell, Pixel Fix. www.ringmasterfestival.co.uk

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ANDREW DAW PROMOTED TO SENIOR VICE PRESIDENT OF UNIVERSAL STRATEGIC MARKETING
Universal Music's international division has appointed Andrew Daw as its new Senior Vice President of Universal Strategic Marketing, which will see him manage the major's non-classical catalogue and audiovisual releases and catalogue licensing globally.

Daw has been Vice President of USM since 2011, and will continue to report to President of Global Marketing Andrew Kronfield, who told CMU: "Andrew has delivered many successes for our catalogue artists over the last few years. He knows this crucial part of our business inside out and so I'm delighted that he's taking on this new role".

Daw added: "I'm humbled by the responsibility given to me by [UMG boss] Lucian [Grainge], [Universal Music International chief] Max [Hole] and Andrew in managing our incredible catalogue and ensuring that we remain the industry benchmark in strategic marketing, driven by the best team delivering the best results".

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VEVO APPOINTS JONATHAN CARSON AS CHIEF REVENUE OFFICER
Vevo has announced Jonathan Carson as its new Chief Revenue Officer. Based in New York, he will report directly to CEO Rio Caraeff. In this role, Carson will oversee all advertising sales and sponsorships.

Caraeff told CMU: "Jonathan has built his reputation as an entrepreneur and innovator. As Vevo continues to expand on new platforms and into more territories, Jonathan is the ideal person to join our team and accelerate the growth of our business. We are very lucky to have him."

Carson added: "Vevo is leading one of the biggest trends in the media industry today: the convergence of mobile, TV and digital into a single video marketplace. I am thrilled to join Vevo to further connect big brand marketers and consumers through what has already proven to be one of the most forward-thinking premium platforms".

Previously Carson worked at Neilsen, most recently under the job title CEO Digital. He is also the co-founder of social media intelligence company BuzzMetrics.

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MILEY CYRUS DISCUSSES "HISTORY MAKING" VMA PERFORMANCE
MTV has published an interview with Miley Cyrus about her controversial performance at the Videos Music Awards last month.

It's optimistically headlined "Exclusive: Miley Cyrus Breaks Silence Over VMA Performance", even though there have been approximately seven billion articles written based on some tweeting she did on the subject last week. Still, you could say that tweets are silent, so cannot break silence. No, shut up! I'm not going to start making excuses for you, MTV!

Anyway, here's what Miley said: "What's amazing is I think now, we're three days later and people are still talking about it. They're over thinking it. You're thinking about it more than I thought about it when I did it. Like, I didn't even think about it cause that's just me. I don't pay attention to the negative because I've seen this play out so many times. How many times have we seen this play out in pop music?"

That's not a rhetorical question either, here's Miley with an answer: "Madonna's done it. Britney's done it. Every VMA performance, that's what you're looking for; you're wanting to make history".

What she's done there is confuse "making history" with "wearing pants". Whatever, let's stop talking about it now.

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CMU Editor Andy Malt and CMU Business Editor Chris Cooke are both available to comment on music and music business stories. Together they have provided comment and contributions to BBC News, BBC World, BBC Radios 1, 4, 5, 6music and Scotland, Sky News, CNN, Wired and the Associated Press. Email andy@unlimitedmedia.co.uk or chris@unlimitedmedia.co.uk.

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