Network Working Group                                        S. Bradner
Internet-Draft                                       Harvard University
                                                        Jorge Contreras
                                                           26 June 2007

             Rights Contributors provide to the IETF Trust


Status of this Memo
   By submitting this Internet-Draft, each author represents that any
   applicable patent or other IPR claims of which he or she is aware
   have been or will be disclosed, and any of which he or she becomes
   aware will be disclosed, in accordance with Section 6 of BCP 79.

   Internet-Drafts are working documents of the Internet Engineering
   Task Force (IETF), its areas, and its working groups.  Note that
   other groups may also distribute working documents as Internet-

   Internet-Drafts are draft documents valid for a maximum of six months
   and may be updated, replaced, or obsoleted by other documents at any
   time.  It is inappropriate to use Internet-Drafts as reference
   material or to cite them other than as "work in progress."

   The list of current Internet-Drafts can be accessed at

   The list of Internet-Draft Shadow Directories can be accessed at

   This Internet-Draft will expire on December 26, 2007.

Copyright (C) IETF Trust (2007).

   The IETF policies about rights in Contributions to the IETF are
   designed to ensure that such Contributions can be made available to
   the IETF and Internet communities while permitting the authors to
   retain as many rights as possible. This memo details the IETF
   policies on rights in Contributions to the IETF. It also describes
   the objectives that the policies are designed to meet.  This memo
   obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC xxx
   (-outgoing), replaces Section 10 of RFC 2026.

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Table of Contents
   1. Definitions
   2. Introduction
   2.1 No Retroactive Effect
   3. Exposition of why these procedures are the way they are
   3.1. Rights Granted in Contributions
   3.2. Rights to use Contributions
   3.3. Right to Produce Derivative Works
   3.4. Rights to use Trademarks
   3.5. Contributions Not Subject to Copyright
   3.6. Copyright in RFCs
   4. RFC Editor Documents
   5. Rights in Contributions
   5.1. General Policy
   5.2. Confidentiality Obligations
   5.3. Rights Granted by Contributors to the IETF Trust
   5.4. Sublicenses by IETF Trust
   5.5. No Patent License
   5.6. Representations and Warranties
   5.7. No Duty to Publish
   5.8. Trademarks
   5.9. Copyright in RFCs
   6. Legends, Notices and Other Standardized Text in IETF Documents
   7. Security Considerations
   8. References
   8.1. Normative References
   8.2. Informative References
   9. Acknowledgements
   10. Editors' Addresses
   Full Copyright Statement

1. Definitions
   The following definitions are for terms used in the context of
   thisdocument. Other terms, including "IESG," "ISOC," "IAB," and
   "RFCEditor," are defined in [RFC2028].

   a. "Contribution": any submission to the IETF intended by the
      Contributor for publication as all or part of an Internet-Draft or
      RFC (except for RFC Editor Contributions described in Section 4
      below) and any statement made within the context of an IETF
      activity. Such statements include oral statements in IETF
      sessions, as well as written and electronic communications made at
      any time or place, which are addressed to:
      o the IETF plenary session,
      o any IETF working group or portion thereof,
      o the IESG, or any member thereof on behalf of the IESG,
      o the IAB or any member thereof on behalf of the IAB,
      o any IETF mailing list, including the IETF list itself, any

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         working group or design team list, or any other list
         functioning under IETF auspices,
      o the RFC Editor or the Internet-Drafts function (except for RFC
         Editor Contributions described in Section 4 below).

      Statements made outside of an IETF session, mailing list or other
      function, that are clearly not intended to be input to an IETF
      activity, group or function, are not IETF Contributions in the
      context of this document.
   b. "Contributor": an individual submitting a Contribution.
   c. "Copyright" means the legal right granted to an author in a
      document or other work of authorship under applicable law.  A
      "copyright" is not equivalent to a "right to copy".  Rather a
      copyright encompasses all of the exclusive rights that an author
      has in a work, such as the rights to copy, publish, distribute and
      create derivative works of the work.  An author often cedes these
      rights to his or her employer or other parties as a condition of
      employment or compensation.
   d. "IETF": In the context of this document, the IETF includes all
      individuals who participate in meetings, working groups, mailing
      lists, functions and other activities which are organized or
      initiated by ISOC, the IESG or the IAB under the general
      designation of the Internet Engineering Task Force or IETF, but
      solely to the extent of such participation.
   e. "IETF Documents": RFCs and Internet-Drafts.
   f. "IETF Standards Process": the activities undertaken by the IETF in
      any of the settings described in 1(c) below.
   g. "IETF Trust": A trust established under the laws of the
      Commonwealth of Virginia, USA, in order to hold and administer
      intellectual property rights for the benefit of the IETF.
   h. "Internet-Draft": temporary documents used in the IETF Standards
      Process. Internet-Drafts are posted on the IETF web site by the
      IETF Secretariat.  As noted in Section 2.2 of RFC 2026, Internet-
      Drafts have a nominal maximum lifetime of six months in the IETF
      Secretariat's public directory.
   i.  "Legend Instructions" means the standardized text that is
      included in IETF Documents and the instructions and requirements
      for including that standardized text in IETF Documents, each as
      posted from time to time at
   j. "RFC": the basic publication series for the IETF. RFCs are
      published by the RFC Editor.  Although RFCs may be superseded in
      whole or in part by subsequent RFCs, the text of an RFC is not
      altered once published in RFC form. (See [RFC2026] Section 2.1)
   k. "Reasonably and personally known": means something an individual
      knows personally or, because of the job the individual holds,
      would reasonably be expected to know. This wording is used to
      indicate that an organization cannot purposely keep an individual
      in the dark about patents or patent applications just to avoid the

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      disclosure requirement. But this requirement should not be
      interpreted as requiring the IETF Contributor or participant (or
      his or her represented organization, if any) to perform a patent
      search in an attempt to find applicable IPR.

2. Introduction
   In all matters of copyright and document procedures, the intent is to
   benefit the Internet community and the public at large, while
   respecting the legitimate rights of others.

   Under the laws of most countries and current international treaties
   (for example the "Berne Convention for the Protection of Literary and
   Artistic Work" [Berne Convention]), authors obtain numerous rights in
   the works they produce automatically upon producing them. These
   rights include copyrights, moral rights and other rights. In many
   cases, if the author produces a work within the scope of his or her
   employment, most of those rights are usually assigned to the
   employer, either by operation of law or, in many cases, under
   contract. (The Berne Convention names some rights as "inalienable",
   which means that the author retains them in all cases.)

   In order for Contributions to be used within the IETF Standards
   Process, including when they are published as Internet-Drafts or
   RFCs, certain limited rights must be granted to the IETF Trust, which
   then grants the necessary rights to the IETF. In addition,
   Contributors must make representations to IETF Trust and the IETF
   regarding their ability to grant these rights.

   Section 1 provides definitions used in these policies.  Sections 3
   and 4 of this document explain the rationale for these provisions.
   Only sections 5 and 6 of this document are normative, the other
   sections are informative.  A companion document RFC 3979 [RFC3979]
   deals with rights, including possible patent rights, in technologies
   developed or specified as part of the IETF Standards Process. This
   document is not intended to address those issues.  This memo
   obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC
   xxx(-outgoing), replaces Section 10 of RFC 2026.

   This document is not intended as legal advice. Readers are advised to
   consult their own legal advisors if they would like a legal
   interpretation of their rights or the rights of the IETF Trust in any
   Contributions they make.

2.1 No Retroactive Effect
   This memo does not retroactively obtain additional rights from
   Contributions that predate the date that the IETF Trust announces the
   adoption of these procedures.

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3. Exposition of Why These Procedures Are the Way They Are

3.1. Rights Granted in Contributions
   The IETF Trust and IETF must obtain the right to publish an IETF
   Contribution as an RFC or an Internet-Draft from the Contributors.

   A primary objective of this policy is to obtain from the document
   authors only the non-exclusive rights that are needed to develop and
   publish IETF Documents and to use IETF Contributions in the IETF
   Standards Process and potentially elsewhere.

   The authors retain all other rights, but cannot withdraw the above
   rights from the IETF Trust and IETF.

   It is important to note that under this document Contributors are
   required to grant certain rights to the IETF Trust, which holds all
   IETF-related intellectual property on behalf of the IETF community.
   The IETF Trust will, in turn, grant a sublicense of these rights to
   all IETF participants for use in the IETF Standards Process.  This
   sublicense is necessary for the standards development work of the
   IETF to continue.  In addition, the IETF Trust may grant certain
   other sublicenses of the rights that it is granted under this
   document.  In granting such other sublicenses, the IETF Trust will be
   guided [and bound] by documents such as [-outbound].

3.2. Rights to use Contributions
   Because, under the laws of most countries and applicable
   international treaties, copyright rights come into existence when a
   work of authorship is created (but see Section 3.5 below regarding
   public domain documents), and IETF cannot make use of IETF
   Contributions if it does not have sufficient rights with respect to
   these copyright rights, it is important that the IETF receive
   assurances from all Contributors that they have the authority to
   grant the IETF the rights that they claim to grant. Without this
   assurance, IETF and its participants would run a greater risk of
   liability to the owners of these rights.  To this end, IETF asks
   Contributors to give the assurances in Section5.6 below. These
   assurances are requested, however, only to the extent of the
   Contributor's reasonable and personal knowledge. (See Section 1(l))

3.3. Right to Produce Derivative Works
   The IETF needs to be able to evolve IETF Documents in response to
   experience gained in the deployment of the technologies described in
   such IETF Documents, to incorporate developments in research and to
   react to changing conditions on the Internet and other IP networks.
   The IETF may also decide to permit others to develop derivative works
   based on Contributions.  In order to do this, the IETF must be able
   to produce derivatives of its documents; thus the IETF must obtain

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   the right from Contributors to produce derivative works.  The right
   to produce derivative works is required for all IETF standards track
   documents and for most IETF non-standards track documents. There are
   two exceptions to this requirement: documents describing proprietary
   technologies and documents that are republications of the work of
   other standards organizations.

   The right to produce derivative works must be granted in order for an
   IETF working group to accept a Contribution as a working group
   document or otherwise work on it. For non-working group Contributions
   where the Contributor requests publication as a standards track RFC,
   the right to produce derivative works must be granted before the IESG
   will issue an IETF Last-Call and, for most non-standards track non-
   working group Contributions, before the IESG will consider the
   Internet-Draft for publication.  Occasionally a Contributor may not
   want to grant publication rights or the right to produce derivative
   works before finding out if a Contribution has been accepted for
   development in the IETF Standards Process. In these cases the
   Contributor may include a limitation on the right to make derivative
   works in the form specified in the Legend Instructions. A working
   group can discuss the Contribution with the aim to decide if it
   should become a working group document, even though the right to
   produce derivative works or to publish the Contribution as an RFC has
   not yet been granted.  However, if the Contribution is accepted for
   development, the Contributor must resubmit the Contribution without
   the limitation notices before a working group can formally adopt the
   Contribution as a working group document.  The IETF Trust may
   establish different policies for granting sublicenses with respect to
   different types of Contributions and content within Contributions
   (such as executable code versus descriptive text or references to
   third party materials).  The IETF Trust's policies concerning the
   granting of sublicenses to make derivative works will be guided by
   RFC [-outbound.

   The IETF has historically encouraged organizations to publish details
   of their technologies, even when the technologies are proprietary,
   because understanding how existing technology is being used helps
   when developing new technology. But organizations that publish
   information about proprietary technologies are frequently not willing
   to have the IETF produce revisions of the technologies and then
   possibly claim that the IETF version is the "new version" of the
   organization's technology. Organizations that feel this way can
   specify that a Contribution be published with the other rights
   granted under this document but may withhold the right to produce
   derivative works other than translations. The right to produce
   translations is required before any Contribution can be published as
   an RFC to ensure the widest possible distribution of the material in

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   In addition, IETF Documents frequently make normative references to
   standards or recommendations developed by other standards
   organizations. Since the publications of some standards organizations
   are not public documents, it can be quite helpful to the IETF to
   republish, with the permission of the other standards organization,
   some of these documents as RFCs so that the IETF community can have
   open access to them to better understand what they are referring to.
   In these cases the RFCs can be published without the right for the
   IETF to produce derivative works.  In both of the above cases in
   which the production of derivative works is excluded, the Contributor
   must include a special legend in the Contribution, as specified in
   the Legend Instructions, in order to notify IETF participants about
   this restriction.

3.4. Rights to Use Trademarks
   Contributors may wish to seek trademark or service mark protection on
   any terms that are coined or used in their Contributions. IETF makes
   no judgment about the validity of any such trademark rights.
   However, the IETF requires each Contributor, under the licenses
   described in Section 5.3 below, to grant IETF Trust a perpetual
   license to use any such trademarks or service marks solely in
   exercising rights to reproduce, publish, discuss and modify the IETF
   Contribution. This license does not authorize IETF or others to use
   any trademark or service mark in connection with any product or
   service offering.

3.5. Contributions Not Subject to Copyright
   Certain documents, including those produced by the U.S. government
   and those which are in the public domain, may not be protected by the
   same copyright and other legal rights as other documents.
   Nevertheless, we ask each Contributor to grant to the IETF the same
   rights as he or she would grant, and to make the same
   representations, as though the IETF Contribution were protected by
   the same legal rights as other documents, and as though the
   Contributor could be able to grant these rights. We ask for these
   grants and representations only to the extent that the Contribution
   may be protected. We believe they are necessary to protect the ISOC,
   the IETF Trust, the IETF, the IETF Standards Process and all IETF
   participants, and also because the IETF does not have the resources
   or wherewithal to make any independent investigation as to the actual
   proprietary status of any document submitted to it.

3.6  Copyright in RFCs.
   As noted above, Contributors to the IETF (or their employers) retain
   ownership of the copyright in their Contributions.  This includes
   Internet-Drafts and all other Contributions made within the IETF
   Standards Process (e.g., via e-mail, oral comment and otherwise).
   However, it is important that the IETF (through the IETF Trust) own

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   the copyright in documents that are published as RFCs (other than
   Informational RFCs and RFCs that are submitted as RFC Editor
   Contributions).  Ownership of the copyright in an RFC does not
   diminish the Contributors' rights in their underlying contributions,
   but it does prevent anyone other than the IETF Trust (and its
   licensees) from republishing or modifying an RFC in RFC format.  In
   this respect, Contributors are treated the same as anybody else:
   though they may extract and republish their own Contributions without
   limitation, they may not do so in the IETF's RFC format.  And while
   this principle (which is included in Section 5.9 below) may appear to
   be new to IETF, it actually reflects historical practice and has been
   observed for many years through the inclusion of an ISOC or IETF
   Trust copyright notice on all RFC documents since the publication of
   RFC 2026.

4.  RFC Editor Documents
   This document only relates to Contributions made as part of the IETF
   Standards Process.  Other documents that are referred to as Internet-
   Drafts and RFCs may be submitted to and published by the RFC Editor
   independently of the IETF Standards Process.  Such "RFC Editor
   Documents" are not covered by this document.  RFC Editor
   Contributions must be marked appropriately as described in the Legend
   Instructions.  See the RFC Editor web page for information about the
   policies concerning rights in RFC Editor Documents.

5. Rights in Contributions

5.1. General Policy
   By submission of a Contribution, each person actually submitting the
   Contribution, and each named co-Contributor, is deemed to have read
   and understood the rules and requirements set forth in this document.
   Each Contributor is deemed, by the act of submitting a Contribution,
   to enter into a legally-binding agreement to comply with the terms
   and conditions set forth in this document, on his or her own behalf
   and on behalf of the organization the Contributor represents or is
   sponsored by (if any), when submitting the Contribution.  No further
   acknowledgement, signature or other action is required to bind a
   Contributor to these terms and conditions.  The operation of the IETF
   and the work conducted by its many participants is dependent on such
   agreement by each Contributor, and each IETF participant expressly
   relies on the agreement of each Contributor to the terms and
   conditions set forth in this document.

5.2. Confidentiality Obligations
   No information or document that is subject to any requirement of
   confidentiality or any restriction on its dissemination may be
   submitted as a Contribution or otherwise considered in any part of
   the IETF Standards Process, and there must be no assumption of any

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   confidentiality obligation with respect to any Contribution. Each
   Contributor agrees that any statement in a Contribution, whether
   generated automatically or otherwise, that states or implies that the
   Contribution is confidential or subject to any privilege, can be
   disregarded for all purposes, and will be of no force or effect.

5.3. Rights Granted by Contributors to the IETF Trust
   To the extent that a Contribution or any portion thereof is protected
   by copyright or other rights of authorship, the Contributor, and each
   named co-Contributor, and the organization he or she represents or is
   sponsored by (if any) grant a perpetual, irrevocable, non-exclusive,
   royalty-free, world-wide right and license to the IETF Trust under
   all such copyrights and other rights in the Contribution.

   (A) to copy, publish, display, and distribute the Contribution, in
      whole or in part,
   (B) to prepare translations of the Contribution into languages other
      than English, in whole or in part, and to copy, publish, display,
      and distribute such translations or portions thereof,
   (C) unless explicitly disallowed in the notices contained in a
      Contribution [in the form specified by the Legend Instructions],
      to modify or prepare derivative works (in addition to
      translations) that are based on or incorporate all or part of the
      Contribution, and to copy, publish, display, and distribute such
      derivative works, or portions thereof, and
   (D) to reproduce any trademarks, service marks or trade names which
      are included in the Contribution solely in connection with the
      reproduction, distribution or publication of the Contribution and
      derivative works thereof as permitted by this Section 5.3,
      provided that when reproducing Contributions, trademark and
      service mark identifiers used in the Contribution, including TM
      and (R) will be preserved.

5.4  Sublicenses by IETF Trust
   The IETF Trust will sublicense the rights granted to it under Section
   5.3 to all IETF participants for use within the IETF Standards
   Process.  This license is expressly granted under [TRUST LICENSE

   In addition, the IETF Trust may grant additional sublicenses of the
   licenses granted to it hereunder.  In doing so, the IETF Trust will
   comply with the guidance provided under RFC xxx [-outbound].

5.5  No Patent License
   The licenses granted in Section 5.3 shall not be deemed to grant any
   right under any patent, patent application or other similar
   intellectual property right disclosed by the Contributor under BCP 79
   or otherwise.

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5.6. Representations and Warranties
   With respect to each Contribution, each Contributor represents that
   to the best of his or her knowledge and ability:

   a. The Contribution properly acknowledges all major Contributors. A
      major Contributor is any person who has materially or
      substantially contributed to the Contribution.
   b. No information in the Contribution is confidential and the IETF,
      IETF Trust, ISOC, and its affiliated organizations may freely
      disclose any information in the Contribution.
   c. There are no limits to the Contributor's ability to make the
      grants, acknowledgments and agreements herein that are reasonably
      and personally known to the Contributor.
   d. The Contributor has not intentionally included in the Contribution
      any material which is defamatory or untrue or which is illegal
      under the laws of the jurisdiction in which the Contributor has
      his or her principal place of business or residence.
   e. All trademarks, trade names, service marks and other proprietary
      names used in the Contribution that are reasonably and personally
      known to the Contributor are clearly designated as such where

5.7. No Duty to Publish
   The Contributor, and each named co-Contributor, acknowledges that the
   IETF has no duty to publish or otherwise use or disseminate any
   Contribution. The IETF reserves the right to withdraw or cease using
   any Contribution that does not comply with the requirements of
   Section 5.3 and Section 5.4 or 5.6.

5.8. Trademarks
   Contributors who claim trademark rights in terms used in their IETF
   Contributions are requested to state specifically what conditions
   apply to implementers of the technology relative to the use of such
   trademarks. Such statements should be submitted in the same way as is
   done for other intellectual property claims. (See [RFC3979] Section

5.9  Copyright in RFCs
   Subject to each Contributor's (or its sponsor's) ownership of its
   underlying Contributions (which ownership is qualified by the
   irrevocable licenses granted under Section 5.3), each Contributor
   hereby acknowledges that the copyright in any RFC in which such
   Contribution is included, other than an Informational RFC or an RFC
   that is an RFC Editor Contribution, shall be owned by the IETF Trust.

6. Legends, Notices and Other Standardized Text in IETF Documents
   The IETF requires that certain standardized text be reproduced
   verbatim in certain IETF Documents (including copies, derivative

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   works and translations of IETF Documents).  Some of this standardized
   text may be mandatory (e.g., copyright notices and disclaimers that
   must be included in all RFCs) and some may be optional (e.g.,
   limitations on the right to make derivative works).  The text itself,
   as well as the rules that explain when and how it must be used, are
   contained in the Legend Instructions.  The Legend Instructions may be
   updated from time to time, and the version of the standardized text
   that must be included in IETF Documents is that which was posted in
   the Legend Instructions on the date of publication.

   The IETF reserves the right to refuse to publish Contributions that
   do not include the legends required by the Legend Instructions.

   It is important to note that each Contributor grants the IETF Trust
   rights pursuant to this document and the policies described herein.
   The legends and notices included in certain written Contributions
   such as Internet-Drafts do not themselves convey any rights.  They
   are simply included to inform the reader (whether or not part of the
   IETF) about certain legal rights and limitations associated with such

7. Security Considerations
   This memo relates to IETF process, not any particular technology.
   There are security considerations when adopting any technology, but
   there are no known issues of security with IETF Contribution rights

8. References

8.1. Normative References
   [RFC2026] Bradner, S., "The Internet Standards Process -- Revision
      3", BCP 9, RFC 2026, October 1996.
   [RFC2028] Hovey, R. and S. Bradner, "The Organizations Involved in
      the IETF Standards Process", BCP 11, RFC 2028, October 1996.
   [RFC3979] Bradner, S., Ed, "Intellectual Property Rights in IETF
      Technology", BCP 79, RFC 3979, March 2005.
   [Trust] IETF Trust Agreement -

8.2. Informative References
   [RFC3978] Bradner, S. Ed., "IETF Rights in Contributions", RFC 3978,
      March 2005.
   [Berne] "Berne Convention for the Protection of Literary and Artistic

9. Acknowledgements
   The editors would like to acknowledge the help of the IETF IPR
   Working Group provided during the development of the document.

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10. Editors' Addresses
   Scott Bradner
   Harvard University
   29 Oxford St.
   Cambridge MA, 02138 USA
   Phone: +1 617 495 3864

   Jorge L. Contreras
   1875 Pennsylvania Avenue NW
   Washington, DC 20006 USA
   Phone: +1 202 663 6872

Full Copyright Statement
   Copyright (C) The IETF Trust (2007).  This document is subject to the
   rights, licenses and restrictions contained in BCP 78, and except as
   set forth therein, the authors retain all their rights.  This
   document and the information contained herein are provided on an "AS

Intellectual Property
   The IETF takes no position regarding the validity or scope of any
   Intellectual Property Rights or other rights that might be claimed to
   pertain to the implementation or use of the technology described in
   this document or the extent to which any license under such rights
   might or might not be available; nor does it represent that it has
   made any independent effort to identify any such rights. Information
   on the procedures with respect to rights in RFC documents can be
   found in BCP 78 and BCP 79.  Copies of IPR disclosures made to the
   IETF Secretariat and any assurances of licenses to be made available,
   or the result of an attempt made to obtain a general license or
   permission for the use of such proprietary rights by implementers or
   users of this specification can be obtained from the IETF on-line IPR
   repository at  The IETF invites any
   interested party to bring to its attention any copyrights, patents or
   patent applications, or other proprietary rights that may cover
   technology that may be required to implement this standard. Please
   address the information to the IETF at

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   Funding for the RFC Editor function is currently provided by the
   Internet Society.  ??




   US1DOCS 6241323v2

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