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Malibu Sheriffs "Keeping The Peace" or Causing More Problems?

Despite the fact that some locals showed up with flowers for the photogs in an effort to promote peace between the two groups, the Malibu Sheriff's department still felt the need to restrict the paps' access to the beach, saying their presence was a "public safety concern."

We find it interesting that they refused to allow hard- working folks (who pay taxes) onto a public beach, yet made no attempts to confront the locals drinking alcohol on said beach (a Malibu no-no).

Does that seem fair?



It seemed all good in the hood, so why the restriction?

SEE MORE:
  >   Celebs Vs. The Paps - Oct 14, 2008
  >   Pap Pummeled at Pumpkin Patch - Oct 13, 2008
  >   Malibu Locals Support The Paps! - Jun 25, 2008
  >   Pap Fight Video For YOUR Web Site! - Jun 23, 2008
  >   
War In Malibu - Pap-Surfer Showdown Day 2, The Video
- Jun 22, 2008
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COMMENTS

Oh puh-leeeeeze, stop whining! What goes around comes around. Paparazi Photogs Suck

Posted by: Anonymous


You expect people to care that your paps are refused access to the beach to stalk stars?? Grow up and find a new job rather than whine.

Posted by: Anonymous


Your whining is pathetic.

Posted by: Anonymous


Oh great, now you're going to be the proof police every time you're restricted from someplace. When are you going to get the point??? YOU'RE A NUISANCE! GET LOST. GO AWAY. LEAVE PEOPLE ALONE. LOOK WHAT YOU DID TO BRITNEY.

Posted by: Anonymous


same reason a working person(photgrapher) was beat up by a bunch of beach bums and the police did nothing. this whole country is going in this direction. reward and take care of the non contributers,provide a public tax dollar paid beach for them to loiter and drink at and punish, abuse, and tax to death the working class....:-(

Posted by: Anonymous


Hmmmm....seems to me that just because it's a "public beach" doesn't mean you have the right to invade peoples privacy. Just like hovering over peoples yards in helicopters for a pic....THAT'S truly pathetic AND a real infringement on peoples privacy. I know "I" could live without seeing those type of pics. I really don't know why one of these celebs hasn't hired a pack of obnoxious people with camera's to follow YOU guys around when you shop or eat....or just go to a movie. AND especially hover over YOUR house in a helicopter!! See how pissed off you jackasses would feel.

Posted by: Anonymous


Oh wait, I have an idea. Go take a picture of Jennifer putting Violet in the car, or better yet taking her out of the car. We haven't seen that enough.

Posted by: Anonymous


For the most part, photography in public places is considered a protected activity. A private property might ban photography, even if it's open to the public. Taking pictures there could be considered trespassing.
**** According to the California Coastal Commission, "the state of California owns the land seaward of what is called the mean high tide line."
In short, this means the public has access to the wet sand, not the dry sand above the tide line. So you can walk along the beach, as long as the sand is wet beneath your toes.
Watch the original videos, the photographers(paps) were shooting pictures from the dry sand well up the beach, NOT from the wet sand at waters edge, therefore on private property.****

It is legal to take photos if there is no specific ban, and you are just taking normal pictures of publicly available images for non-commercial use. If the act of picture taking is particularly intrusive you can be charged under a vague law of "disturbing the peace" or harassment, but there are not normally any specific laws prohibiting it. The law simply states you do not require consent unless the pictures are being used for a commercial purpose.

The last time I checked X17 and TMZ were commercial ventures. As soon as the photographers(paps) sell their photos to an agency/company it is no longer considered a "non-commercial" image and consent is needed.

You can't argue with the facts.

Posted by: Informed Californian


For the most part, photography in public places is considered a protected activity. A private property might ban photography, even if it's open to the public. Taking pictures there could be considered trespassing.
**** According to the California Coastal Commission, "the state of California owns the land seaward of what is called the mean high tide line."
In short, this means the public has access to the wet sand, not the dry sand above the tide line. So you can walk along the beach, as long as the sand is wet beneath your toes.
Watch the original videos, the photographers(paps) were shooting pictures from the dry sand well up the beach, NOT from the wet sand at waters edge, therefore on private property.****

It is legal to take photos if there is no specific ban, and you are just taking normal pictures of publicly available images for non-commercial use. If the act of picture taking is particularly intrusive you can be charged under a vague law of "disturbing the peace" or harassment, but there are not normally any specific laws prohibiting it. The law simply states you do not require consent unless the pictures are being used for a commercial purpose.

The last time I checked X17 and TMZ were commercial ventures. As soon as the photographers(paps) sell their photos to an agency/company it is no longer considered a "non-commercial" image and consent is needed.

You can't argue with the facts.

Posted by: Informed Californian


The beer and the drunks on the beach are a major concern for those of us with children who visit the beach.

Posted by: Anonymous


The Mayor of Malibu and the Sheriff is being a jackass over this. Someone should file a lawsuit.

Posted by: Anonymous


1:17 I agree!

Posted by: Anonymous


1:12@2 Better look at what Britney did to herself, BRITARD!

Posted by: Anonymous


"We find it interesting that they refused to allow hard- working folks (who pay taxes) onto a public beach..."

You can go to that public beach all you want for leisure but when you are conducting commercial activity that's another story.

You can play on the beach all you want but cities and local government have their right to regulate commercial activities. It has always been this way. Even a hot dog stand needs a license to sell hot dogs on the street (or by the beach) or the owner will get a ticket. What makes you think paps should be free from regulation. That's ignorant.

Posted by: Anonymous


You don't have permission to take pictures of private citizens, do you? Everybody, even if they do earn a living making movies or singing, is a private citizen. Unless they are at an event or have given permission for you to steal photos of them and sell them for your profit, without giving the victim any of your profit, you have no right to take their pictures.

You are leaches on society. Your whining is stupid. You sound like those same people who whine that illegal aliens pay taxes, thus we should treat them like law abiding citizens.

Get a real job.

Posted by: Anonymous


Citizens Arrest these Surfers who drink beer on public beaches,

CITIZENS ARREST

Posted by: Anonymous


I think it is pretty funny that they restricted access to your paps. Your wining is childish.

Posted by: Anonymous


Citizens Arrest these Surfers who drink beer on public beaches,

CITIZENS ARREST

Posted by: Anonymous


The thugs and drunks are the real problem on that beach.

Posted by: Anonymous


2:01@1 You can only place an individual under citizens arrest for a felony. Drinking beer on that beach is a misdemeanor offense. This entire issue is nothing but local politics.

Posted by: Anonymous


That particular beach is NOT public. The ocean and beach up to the tide line IS public, everything else there is private. It is legal to drink alcohol on private property.
Law enforcement has the right and obligation to prohibit any perceived nuisance or safety issue from public or private spaces.
based on the edited video that was posted, it's obvious that the deputies were simply deterring any further distubances.

Posted by: Informed Californian


That beach is nothing but a hang out for local thugs, drunks and drug heads. That is why they do no want anyone taking pictures.

Posted by: Anonymous


the surfers aren't there for profit. they're there to relax and have fun.

grab a brain.

Posted by: Anonymous


There is an ordinance that states no drinking on point dume period!

Posted by: Anonymous


Amazing that the deputy could not cite a specific law or local ordinance to the paps in order to keep them off the beach. The reason the deputy gave to restrict the paps acess was lame. The Paps need a good attorney on this one!

Posted by: Anonymous


x-17 your like little kids. The point is the papz you HIRE are like wild animals with accents. They trample on people and make life alot more miserable being anywhere around them. SOMETHING HAS TO BE DONE.

Posted by: whocares


You can bet your ass that if those paps were all black they would have been allowed on that beach. The sheriff's department would have gladly protected them too.

Posted by: Anonymous


Most of the paps are NOT paying taxes, they're illegals or on temp visas. They DO NOT LIVE in Malibu and are there for commercial purposes. KICK THEM THE FUCK OUT.

Btw, you idiots who are complaining that people are drinking beer on the beach...it's LEGAL. Amazing all the high school educated (if that) "armchair" lawyers on this shit board. Get a fucking clue.

Posted by: Anonymous


There is an ordinance that states no drinking on point dume period!

June 29, 2008 2:10 PM
Posted by: Anonymous

No, there is not. No glass bottles. Go bother someone else.

Posted by: Anonymous


There is an ordinance that states no drinking on point dume period!

June 29, 2008 2:10 PM
Posted by: Anonymous

No, there is not. No glass bottles. Go bother someone else.

Posted by: Anonymous


There is an ordinance that states no drinking on point dume period!

There is an ordinance that states no drinking on point dume period!

There is an ordinance that states no drinking on point dume period!

There is an ordinance that states no drinking on point dume period!

There is an ordinance that states no drinking on point dume period!

There is an ordinance that states no drinking on point dume period!

There is an ordinance that states no drinking on point dume period!

There is an ordinance that states no drinking on point dume period!

Posted by: Anonymous


Most of the paps are NOT paying taxes, they're illegals or on temp visas.
-------------------------------
You're really talking out of your ass now. You know this because...........

Posted by: Anonymous


Heres a link that plainly states no alcohol on Point Dume beach.

http:// beaches.co.la.ca.us/BandH/Beaches/PtDume.htm

Posted by: Anonymous


It's like this X17, even a stupid person doesn't walk into a known biker bar and try to make nice with the locals after having kicked over a few bikes on the way in. Stop being so pissy, you've been owned and you should have known better. You guys have been photographing and videoing celeb CHILDREN like mad lately, you cause fights in airports, you block roadways and sidewalks and you stigate confrontations in order to get the "money shot". Shut the hell up already!

Posted by: Anonymous


Big Dume State Beach - accessed from Cliffside Drive; a State operated beach.

Point Dume State Beach - accessed from Westward Beach Road; parking is fee based. This is a State owned beach, operated by L. A. County.

Posted by: Anonymous


Why should it be legal to hide and tape people in bathing-suites???
Paps are disguisting.

Posted by: Anonymous


There is no law in California against photographing anyone on public property.

Posted by: Anonymous


Change the law then!

Posted by: Anonymous


Blatant discrimination against the Paps from the L.A county sheriffs department. The Paps need to hire an attorney and file a civil suit.

Posted by: Anonymous


Now, finally a good article worth reading on X17 online. It is so amusing to see the shoe on the other foot for once. You watch some of the celebrities almost beg some of them to stop photographing them and they continue to do it despite their plea. Well, Bravo, to Malibu Sheriff Department, and I hope they continue to keep them from taking pictures of the celebrities on that beach. Now, if only they can do the same thing over at TMZ. BTW, it is quite pathetic how they are crying like little bitches.

Posted by: Anonymous


Some dummy writes: "It is legal to take photos if there is no specific ban, and you are just taking normal pictures of publicly available images for non-commercial use."

Wrong. It is legal to take pictures if there is no reasonable expectation of privacy.

There is nothing whatsoever in the Constitution or any case law that restricts "commercial use." In fact, the Supreme Court has specifically held that the commercial sake of public images does not negate their First Amendment value one iota.

Says the person: "If the act of picture taking is particularly intrusive you can be charged under a vague law of "disturbing the peace" or harassment, but there are not normally any specific laws prohibiting it."

You can be charged but you cannot be convicted. The act of taking pictures in an area open to the public -- even if that area is privately owned -- is specifically allowed by the California Constitution. See Pruneyard v. Robins. The private property issue is false to begin with, but even if that were private sand, which it is not, there still is no right to keep out people doing a constitutionally-protected activity so long as others may pass there.

"The law simply states you do not require consent unless the pictures are being used for a commercial purpose."

Wrong. Completely wrong. First Amendment trumps commercial rights UNLESS a specific photographer (not just general paparazzi pests) has proved himself to be a particular intrusion, in which a particular person may petition a court to have that photographer kept away (see Onassis v. Galella). Or, if the photos are being used to preempt a person's commercial control of his own image, such as being used to endorse products.

"The last time I checked X17 and TMZ were commercial ventures. As soon as the photographers(paps) sell their photos to an agency/company it is no longer considered a "non-commercial" image and consent is needed."

So not true. x17 is no less journalism, like it or not, than the Malibu Times or Fox News. It may make me sick to say that, but that is the fact.

If something is happening in public, and if a photographer shoots it, and if there is no reasonable expectation of privacy and and if the photog is not violating laws, then there is absolutely no consent required.

As a Malibu resident, I hate the paps when they do their pap pack thing. They should, under existing laws, be prosecuted civilly and criminally when they misbehave.

Don't play the private property game, you already lost that when Prop 20 passed in 1972 -- the sheriff, Coastal Commission and all involved have already slapped that little lie down.

If Malibu makes this an issue about respecting private property on private beaches, it will lose and deservedly so.

Posted by: Constitutional Lawyer in 6 mos.


People getting drunk on the beach are as bad as others taking unwanted pics.

Posted by: Anonymous


He is not a good ~~~~~~~~~. He is busy with his online dating thing, His profile was seen at dating site "W e a l t h y l o v I n g . c o m" yesterday. A rumor goes that he is dating a young single woman on that site.

Posted by: Anonymous


CAN YOU PUSSIES BE ANY LESS MEN???? FUCK STOP WITH THE WHINNING...YOU TAKE FUCKING PICTURES NOT LIKE A REAL JOB OR ANYTHING!!

Posted by: Anonymous


Most of the paps are NOT paying taxes, they're illegals or on temp visas.
-------------------------------
You're really talking out of your ass now. You know this because...........

June 29, 2008 2:48 PM
Posted by: Anonymous

Prove that most of the paps are tax paying Americans. Once you can, then you can call bullshit.

Posted by: Anonymous


NEXT TO INSERTING TAMPONS IN 50 YEAR OLD WOMEN...I THINK PHOTOGS HAS TO BE THE NEXT MOST FEMININE JOB THERE IS

Posted by: Anonymous


it seems plenty fair to me

Posted by: jake


I had a great day down at the beach at Dume today. Waves were good, and the malibu sheriffs were taking care of its citizens. Nobody believes for a second that the paparazzi are the victims. You guys had this coming for so long! The amazing thing is that you pap scum cry foul, acting like you can't believe this happened to you and how your rights were violated! You edit the videos on TMZ and here to make it look like you were the victims. Nobody believes it, especially the malibu DA!
By abusing the 1st amendment, you have only created more problems for yourselves. Now the City of malibu will designate your activity as commerce and you will need to get licensed, with background checks, immigration status, etc... Any local will be able to demand to see your permit and report you if you cross the line. Too bad. You were warned and you didn;t listen. maybe you can't understand english. This beach and all of Malibu are policed by the locals. We take care of our own. You act like idiots, then you will get schooled. If you don't like it, then go away. You won't be missed. Yo0u will always encounter violent resistance in Malibu because you don't heed the verbal warnings. Not on my beach, not in my country!

Posted by: Outer reef guardian


3:52 Excellent post.

Posted by: Anonymous


3:59 The drunkin thugs are a bigger threat on the beach than any photographers will ever be.

Posted by: Anonymous


It ain't over until the fat lady sings. This is an issue the courts will end up deciding.

Posted by: Anonymous


Too true, outer reef gaurdian. The paproids got owned by surfer dudes. The police did their job. Ain't life grand?

Posted by: Anonymous


Other then the "paid" bloggers on this site I've noticed that there isn't any support for the paps. On this or any of the numerous sites talking about this issue. The general concensus is that the public is fed up with the overzealous actions of the photographers. What does that tell you? Maybe it's time to "dial it down" a couple notches.

Posted by: Anonymous


I'm not a payed blogger nor am I Pap, but I think their civil rights have been violated. End of story!

Posted by: Anonymous


Alot of racism directed towards the photogs on this thread.

Posted by: Anonymous


used to be a san diego, yes-yes.. alcohol, but nooo longer and for the better. you still have problems at any beaches in so. cal, even w/o booze and/or papparazi...

Posted by: jemms


You guys are fckng losers. Shut the fuck up you damn foreigners! Most paps can't even speak English well! You are in California just to make money and nothing else.

Posted by: Anonymous


a few locals drinking some beer isn't a big deal. surfers don't bother anyone unless you harass them.


paproids endanger people everyday with their reckless and potentially deadly driving. they also interfere with commerce. who wants to go into a shop if paproids are there bumping hard working citizen aside to get the money shot?


and it IS the police's job to keep the public safe. if the police concluded it was in the interest of public safety to ask paproids to leave the beach, the police were legally obligated to remove the paproids at that point. if the police hadn't protected the public's safety, they would've been derelect in their duties.


remember, the police make the judgement call as to what constitutes a threat to public safety, not you or me. so while you might believe the paproids to be a threat to public safety, on this occasion, the police did decide that the paproids were endangering the public's well being. not the surfers. the police acted in accordance and removed the menance. good job, PEACE officers.

Posted by: Anonymous


You guys are fckng losers. Shut the fuck up you damn foreigners! Most paps can't even speak English well! You are in California just to make money and nothing else.

Posted by: Anonymous


Heres a link that plainly states no alcohol on Point Dume beach.

http:// beaches.co.la.ca.us/BandH/Beaches/PtDume.htm

Posted by: Anonymous


Big Dume State Beach - accessed from Cliffside Drive; a State operated beach.

Point Dume State Beach - accessed from Westward Beach Road; parking is fee based. This is a State owned beach, operated by L. A. County.

Posted by: Anonymous


@4:48 Only if you act like a fucking baffoon and start shit.

Thugs...lol.

Posted by: Anonymous


You all forgot the lyrics...

"I fought the law and the law won"....

There's a new sheriff in town and he don't like you goons...

Posted by: Anonymous


If the paproids are up in arms because the surfers are indulging in alcohol at the beach. Let the paproids complain to the police. If the police are worried about the drinking surfers, the police will deal with them.

Notice who recieved reprimands from the police? The paproids, not the surfers. The scuzzy paproids are the police's targets now, not the surfers.

Why aren't the police concerned about the surfers? The police know it's the paproids who've returned to the beach several times to stir up trouble.


Remember the paproids' threats on this site last weekend? How paproids stated that they would be bringing trained fighters to the beach to beat the surfers? The paproids couldn't stand up for themselves, not tough enough.

Now, surfers, be cool. You've got the police on your side. Let the police do your job for you, protecting your beach from asswipe paproids. Keep the police on your side, surfers. Surf on, righteous surfers!

Posted by: Anonymous


None of the paps are legal that's why they won't file complaints!! Where's Arnold? If they were in this country legaly they would follow through with their complaints. And they don't pay taxes....they're only here to take pictures~anyway they can! We're just the "stupid Americans" and it's time we wised up and kicked their asses out of here.....Call/email Arnold~he'll take care of them.

Posted by: Anonymous


There is a big legal difference between photography on a public beach for private use and commercial use. Paps making money off of their photos taken on public land will soon be paying up tothe city and state. Also, If I was X17. I wouldnt be employing felons,illegals and gang members in your pap gang. that goes double for TMZ. I'm sure law enforcement is already investigating their employment histories.

Posted by: Anonymous


I'm sure the owners of X17 would never employe illegals, nor would they ever buy pictures from paps that are illegals?? They would suffer a rather "large" fine for that....but I'm sure they are aware of that.

Posted by: Anonymous


Why cant people just enjoy the beach without paparrazzi being around..Dont the celebraties deserve a little peace and relaxation...Just because their in the entertainment business doest mean they dont deserve some time to themselves..

Posted by: Anonymous


Why cant people just enjoy the beach without paparrazzi being around..Dont the celebraties deserve a little peace and relaxation...Just because their in the entertainment business doest mean they dont deserve some time to themselves..

Posted by: Anonymous


Get the fuck over it.

Posted by: Anonymous


The beach is a temple for some of us, a sacred place,and as such we will not let blood sucking,rude, aggressive ass, ignorant, life disturbing asshole photographers ruin it. You want to come in to our temple and F it up for your own selfish gain, we are going to F you up. you don't like it, THEN GO BACK TO ROBERTSON BLVD AND LEAVE US THE HELL ALONE!!

Posted by: Anonymous


"A temple. A sacred place."

Bwah hah hah hah hah.

I live @ Zuma, and even I find that heee-larious.


Posted by: Oh The Zumanity


I'm sure the owners of X17 would never employe illegals, nor would they ever buy pictures from paps that are illegals?? They would suffer a rather "large" fine for that....but I'm sure they are aware of that.

June 29, 2008 6:13 PM
Posted by: Anonymous

You are a fucking dillweed idiot.

Posted by: Anonymous


I'm sure the owners of X17 would never employe illegals, nor would they ever buy pictures from paps that are illegals?? They would suffer a rather "large" fine for that....but I'm sure they are aware of that.

June 29, 2008 6:13 PM
Posted by: Anonymous

You are a fucking dillweed idiot.

Posted by: Anonymous


Get used to it losers, West Hollywood next.
Your free ride is over. Time for daily work permit checks.

Posted by: Anonymous


yes, as per some of the great legal minds who post on this page, th epaps show file lawsuits.

When they show up at the court house they will be checked for work permits, visas, etc and taken directly to Gitmo for debriefing.

Posted by: Anonymous


hell yeah i agree with 9:17 make these freeloading, opportunistic, annoying fuckers get permits and consent forms like everyone else who operates a business, or wants to film a tv show, or conduct a commercial photo shoot on public property. these assholes use people's images and likeness to make money, it's about time they are fucking regulated and put in their place. beverly hills and west hollywood need to take a cue from malibu and straighten this pap shit out because it is out of control. they are vermin and we are being invaded

Posted by: Anonymous


I recently asked my realtor about an island listing that looked too good to be true. I said what about "####," she said it's kinda OK , but there's the RAT PROBLEM ! I said what ?
Yes, there are no predators on the island so the rats run in packs.
Sound familiar ? Time to take care of the rat problem

Posted by: Anonymous


It was bad enough when the paps were everywhere just taking pics, now that they have those God damn video cameras too they scream rude and ignorant comments/questions at people trying to get them pissed off so they have a big reaction to film. They are truly like rats; They live off of people's scraps and then scurry back to their little hole to hide until another morsel drops in front of them, they seem to multiply at an alarming rate, where there's one there's a hundred, and it's really hard to get rid of them once they infest. LA is definitely infested and it's time the city did something to take care of our rat problem.

Posted by: Anonymous


SPAMMING ON BRITNEY THREADS

We are aware and we’re working on resolving this issue now.

Regards,
Brandy

Posted by: Anonymous


tmz is reporting that there's a gang that call themselves malibu locals only or mlo that are well known for beating up people who go to malibu beaches. they do it to tourists, locals, and paparazzi. i remember that the person who started this war of words online line that eventually lead to fisticuffs was someone who went by the name of local surfer dude when he posted on the footage that tmz doesn't want you to see thread.

Posted by: Anonymous


There is a difference between photography a harassing someone in packs with cameras & asking them how they feel about their bastard half sister & shiz like that. You people are disgusting & have no common sense. You can shove your legal mumbo jumbo up yer arse... more beatings you will get.

Posted by: ohellno


People come to the beach to relax, the papz are disturbing that peace... it is as simple as that.

Posted by: Anonymous


it does seem fair. the dude drinking isn't disturbing the peace of the beach. No the cats that are only there to shoot celebs or whatever are.

get a different job dude.

Posted by: Anonymous


Don't you GET IT? We don't CARE about you scummy paps! WE DO NOT CARE! Your behavior associated with your "job" is reprehensible.

Posted by: Karen


To answer your question: yes, it does seem fair.
When will you guys realize everyone regards you as the scum of the earth? You guys are violent, disruptive, annoying, and cry babies (not only about this but also putting your foot under celebs' cars and then filing reports? puh-leze!). No one gives a shit about you guys. You are not noble "hard working" guys like you want to paint yourselves, you guys are scum that brag about how much you make thinking it covers up for the fact you are universally despised.
You guys have done far more illegal things that drink on the beach (which EVERYONE does, so don't pretend like you guys don't drink on the beach on your day off, that is if you can tear yourself away from calling female celebs hateful names in hopes of getting them to look sad).

Posted by: Anonymous


You paps should have a cattle prod put to your gonads (if you even have any)

Posted by: Anonymous


ooo plz . . just cuz u got ur ass kicked

Posted by: kk


lmaoooo! yeah, it's fair!! you paps DID get owned!!! too funny!
coolsurfersayswhat?
kiss my surfin ass!!

Posted by: surfer chick cyn


you fucked up end of story

now you are banned from the beaches where the celebs hang out, point dume is not the only one.

you need more rules put in place to keep you behind the velvet rope where the stars shine

what makes a star ????

about 200 professionals
that is when they shine best

a star in public without the professionals is not a star he or she is a normal person with fans and fucking paps ruining their otherwise peaceful day

I have friends that are about to become superstars and if you are stupid enough to take picts of them they will beat you down the new generation of celebs coming up are not going to tolerate it.

Posted by: beach boy






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