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Class Lawsuit Claims Apple Knew Its 'Upgrade' Would Turn 3G iPhone Into an 'iBrick'
Courthouse News ^ | November 3, 2010 | By TIM HULL

Posted on 11/03/2010 2:11:34 PM PDT by Swordmaker

SAN DIEGO (CN) - To goose sales of its new iPhone 4, Apple told owners of its third-generation iPhone to download an operating system that the company knew would turn the 3G phones into a "device with little more use than that of a paper weight," irate customers say in a Superior Court class action. The lead plaintiff claims Apple's "upgrade" turned her phone into an "iBrick." 

     Lead plaintiff Bianca Wofford says Apple told owners of its 3G and 3GS iPhones that the new iOS4 operating system was an upgrade. But she says the "upgrade" made her phone slow and susceptible to crashes, turning an iPhone into an "iBrick."

     "In essence, Apple knowingly and intentionally released what it called a system software 'upgrade' that, in fact, made hundreds of thousands of third generation iPhones that were exclusively tethered to AT&T data plans 'useless' for their intended purpose," according to the complaint.        "Since the release of iOS4 in conjunction with the sale and release of the fourth generation iPhone, or the iPhone 4 in June 2010, Apple has falsely, intentionally and repeatedly represented to owners and consumers of the iPhone 3G that its new operating system for the device, iOS4, was of a nature, quality, and a significant upgrade for the functionality of all iPhone devices, when in fact, the installation and use of iOS4 on the iPhone 3G resulted in the opposite - a device with little more use than that of a paper weight."

     Wofford says there is no way to restore the third-generation phones' operating system without using "hacker tactics." She claims that Apple intentionally created a "consumer Catch 22" to get 3G users to switch to the new iPhone 4.

     "Even though Apple has actual knowledge of thousands of complaints from iPhone 3G/3GS consumers, Apple does not allow for those same users/consumers of third generation devices to download and re-install earlier and optimized iOS3.x operating system without resorting to 'hacker' tactics that will void Apple warranties and violate iPhone user agreements," according to the complaint. 

     "This whole situation was created to be a consumer Catch 22 by Apple in order for the company to promote sales of its just released iPhone 4 and cause consumers to simply abandon the earlier 3G and 3GS platforms."

     The complaint adds: "Apple knew that the iPhone 3G and 3GS were not fully compatible with the iOS4 and that iOS4, once installed, would substantially compromise the earlier device functionality, speed and application use. ...

     "The true fact of the matter, as verifiable by information technology experts, is that the iOS4 is a substantial 'downgrade' from earlier iPhone devices and renders many of them virtually useless 'iBricks.'"

     Wofford seeks restitution, disgorgement of Apple's ill-gotten gains, and damages for false and deceptive advertising, unfair competition, and violations of state consumer protection laws.

     She is represented by J. Jason Hill with Cohelan and Khoury. 


TOPICS: Business/Economy; Computers/Internet
KEYWORDS: ilovebillgates; iwanthim; iwanthimbad; microsoftfanboys

1 posted on 11/03/2010 2:11:37 PM PDT by Swordmaker
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To: Swordmaker

I do not think “hacker tactics” will hold up in court as a valid term now that the Library of Congress ruled unlocking a iPhone is legal.

Unlock does however void the warranty...

Out on the periphery of AT&T coverage when 3G and EDGE coverage overlap, the 3G can get brutally slow at peak usage hours.


2 posted on 11/03/2010 2:15:30 PM PDT by JerseyHighlander (p.s. The word 'bloggers' is not in the freerepublic spellcheck dictionary?!)
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To: Swordmaker

Doesn’t this sort of massive fraud rise to the level of a felony?


3 posted on 11/03/2010 2:16:10 PM PDT by Seruzawa (If you agree with the French raise your hand - If you are French raise both hands.)
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To: Swordmaker
The complaint adds: "Apple knew that the iPhone 3G and 3GS were not fully compatible with the iOS4 and that iOS4, once installed, would substantially compromise the earlier device functionality, speed and application use. ...

Total BS. My 3GS runs iOS4 just fine. What a stupid lawsuit.
4 posted on 11/03/2010 2:22:22 PM PDT by TalonDJ
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To: Seruzawa

You assume there was any fraud. I call BS.


5 posted on 11/03/2010 2:23:27 PM PDT by TalonDJ
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To: All

Today is Jim Robinsons’ birthday..If you haven’t donated to FR, today would be a good day to give.


6 posted on 11/03/2010 2:24:26 PM PDT by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: Swordmaker

I’ll second the BS call. I upgraded my iPodTouch 2G to 4.0 without problem. I did however had to shut off unnecessay location services and push notifications to maintain battery performance.


7 posted on 11/03/2010 3:06:58 PM PDT by UB355 (Slower traffic keep right)
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To: Swordmaker

I just got off the phone with AT&T. I am about to go to store right now and upgrade from 3G to 4. Should I? I kinda have to, but I wanna hear that the problems with 4 are fixed. I just can’t live without my IPhone.


8 posted on 11/03/2010 3:22:45 PM PDT by Hildy
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To: TalonDJ

Total BS. My 3GS runs iOS4 just fine ...

Mine does too but it doesn’t use all the functionality features that iOS4 has but does use them all on the new iPhone4.

Same goes for the 3G but with even less features than the 3GS can use. Except for the redone mail, I see no reason to upgrade from a 3G down ... to iOS4, do you?


9 posted on 11/03/2010 3:24:52 PM PDT by bodfish ((Regarding liberalism, always attribute to malice what you think can be explained by stupidity.))
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To: bodfish

The issue isn’t with the 3GS it’s with the 3G. My daughter and I had similar phones (she has since gotten a new one because hers was so frustrating after the ‘upgrade’ to 4.0) and I can tell you this is not BS.

My iphone has not run well since the upgrade and 4.1 was only a minor improvement. It has been a major irritation and what I considered a great phone has been rendered agonizing slow, requiring multiple daily reboots to get apps to run.

I would not upgrade if I had to do it over.


10 posted on 11/03/2010 3:40:43 PM PDT by Wolverine83
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To: Swordmaker
...tactics that will void Apple warranties and violate iPhone user agreements...

LOL. What kind of idiot would buy a telephone (or other device, for that matter) in the first place where the manufacturer gets to tell you after the sale what or what not you are allowed to do with it?

IMO the iPhone may be a fun toy for some, but actually is a totally expendable fashion accessory (which I and probably most can do without as easily as doing without any news of the current crop of celebrity sluts... - think Lindsay Lohan, Britney Spears, and all the others whose recent adventures get posted here all the time).

I pay for it - I control it. Or I do not buy it. Period.

11 posted on 11/03/2010 4:26:07 PM PDT by Moltke (panem et circenses)
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To: ~Kim4VRWC's~; 1234; 50mm; Abundy; Action-America; acoulterfan; AFreeBird; Airwinger; Aliska; ...
Lady sues Apple ... Claims iOS4 bricked her phone-PING!

Please!
No Flame Wars!
Discuss technical issues, software, and hardware.
Don't attack people!

Don't respond to the Anti-Apple Thread Trolls!
 PLEASE IGNORE THEM!!!

 


Apple iPhone Class Action Ping!

If you want on or off the Mac Ping List, Freepmail me.

12 posted on 11/03/2010 4:45:12 PM PDT by Swordmaker (This tag line is a Microsoft product "insult" free ahdf44)
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To: Moltke

Apple can’t tell you what you can do, nor can you tell them to cover a phone under warranty after you do something to void the warranty. The problem here is? I don’t see a problem with a company putting on restrictive warranty terms and refusing to support any hacked up piece of software someone decided to install on their device.


13 posted on 11/03/2010 5:11:45 PM PDT by publiusF27
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To: Moltke
> I pay for it - I control it. Or I do not buy it. Period.

Of course, that's entirely your right to exercise that discretion.

> What kind of idiot would buy a telephone (or other device, for that matter) in the first place where the manufacturer gets to tell you after the sale what or what not you are allowed to do with it?

Do you own a car? Not only does the manufacturer tell you what you must do with it (if you want it to stay in warranty), but the GOVERNMENT tells you what you are and are not allowed to do with it, from purchase to scrapheap. And it severely limits what you can do with it, on the public roads. And taxes your use of it with registrations, etc.

You could get a bicycle, which has none of those restrictions or limitations.

Or are you the kind of "idiot" who has a car?

Relax, I'm joking with you... :)

14 posted on 11/03/2010 5:59:10 PM PDT by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
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To: publiusF27; Moltke
> I don’t see a problem with a company putting on restrictive warranty terms and refusing to support any hacked up piece of software someone decided to install on their device.

Exactly.

But some people (apparently quite a few here on FR) don't understand the concept of "If you screw with it, you're on your own." It's not a tough concept, as you so well point out.

The fact is, Apple doesn't give a d@mn if you take a drill press to it. Just don't come back to them, whining that it doesn't work any more.

But you'd be astonished (and dismayed) at how many people "screw with" products, voiding their warranty, and then go back to the manufacturer and whine. Some even go so far as to sue. Un-be-freakin-lievable.

Our FRiend Moltke has the right idea -- if you don't like Apple's rules, don't play Apple's game. Buy somebody else's phone.

At least in that regard, it's still a free country.

15 posted on 11/03/2010 6:08:36 PM PDT by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
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To: dayglored

voiding a waranty is one thing but intentionally destroying their property is another.


16 posted on 11/03/2010 6:11:17 PM PDT by BOBWADE
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To: BOBWADE
> voiding a waranty is one thing but intentionally destroying their property is another.

Huh?

Who intentionally destroyed someone's property?

If you're speaking of the phones that were "bricked" by an update, first think about how many Windows computers are rendered inoperable every Patch Tuesday by failed updates, or updates that broke other software. Do those folks sue Microsoft? (Answer: No.)

So, before you go around saying things like "intentionally", show me the figures for:
1. How many iPhones were bricked by the update, and
2. How many same-model iPhones were NOT bricked by the update.

Something was already wrong with the bricked phones prior to the update. Could have been a manufacturing defect, or something the user did, I dunno.

Got figures?

17 posted on 11/03/2010 6:24:15 PM PDT by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
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To: UB355

The iTouch is a totally different animal, UB355. The complaint was about the iPhone... which has cellular service.


18 posted on 11/03/2010 7:36:24 PM PDT by AJ504 (The Constitution was NOT written on an Etch-A-Sketch!)
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To: Moltke

Where did Apple say you could not do whatever you wanted with your phone? They did say that if you hacked or modified it they would not pay to fix it. No manufacturer can warranty against problems that you intentionally cause. This weekend I am going to rewire my Sharp Aquos to display 3d. If I break it while trying to apply my design tweak, should Sharp buy me a new tv? A few years ago I bought a Pioneer NAVIC 2 for my car. I modified it so it would show movies in the front seat while driving. This totally voided the warranty. I understood the risk and accepted it. No one forced me to buy the product, same as Apple, same as Sony etc. What electronic manufacturer do you know of that allows modifications to their product that they willl warranty? Modify away, you are totally entitled to, just don’t go running to the manufacturer complaining when you break it.

To keep on topic, my 3GS with the latest software runs every bit as good as it did from the day I turned it on.


19 posted on 11/03/2010 9:58:47 PM PDT by coon2000 (Give me Liberty or give me death!)
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To: Swordmaker

I agree that the 3GS is fine. But... my family has 5 iPhones, and our 3 3G users are all experiencing much worse performance since “upgrading” to iOS. My 3GS is fine, but the 3G phones are MUCH slower with iOS doing basic tasks like opening up the Notes app, opening up text messaging, etc. I am a Mac owner since my 128K Mac in 1984, and I love my iPad, but the 3G phones were screwed over by iOS.

We are moving to 4Gs, but I am disappointed that the 4.01 and 4.02 upgrades have not fixed the 3G phones. Bottom line I’m a pretty big Apple fan, but believe in calling things as I see them - Apple seriously compromised the 3G phones with iOS, and it’s hard to imagine they did not know this before releasing it.


20 posted on 11/03/2010 10:52:26 PM PDT by Ted (http://sinema7.net)
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To: Hildy
I just got off the phone with AT&T. I am about to go to store right now and upgrade from 3G to 4. Should I? I kinda have to, but I wanna hear that the problems with 4 are fixed. I just can’t live without my IPhone.

I have never had any issues with my iPhone 4 nor have any of the 20 or so friends I know who own one. I have experienced fewer dropped calls and get better reception with the 4 than I got with my previous 3Gs in the same locations even without a case. We've tried to duplicate the "Antenna-gate" problems and been unsuccessful. None have broken their screens. None have scratched them.

21 posted on 11/04/2010 12:31:56 AM PDT by Swordmaker (This tag line is a Microsoft product "insult" free zone.)
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To: Ted
We are moving to 4Gs, but I am disappointed that the 4.01 and 4.02 upgrades have not fixed the 3G phones. Bottom line I’m a pretty big Apple fan, but believe in calling things as I see them - Apple seriously compromised the 3G phones with iOS, and it’s hard to imagine they did not know this before releasing it.

The 3G opening and running apps more slowly under iOS4 than under iPhoneOS3 is not the equivalent of making it an "iBrick" or a "paperweight" though, wouldn't you agree? Irritating, yes. Inoperative, no. Do your three 3G phones still work? Or are they now being used to hold down papers on your desk or being saved to make a chimney?

22 posted on 11/04/2010 12:54:15 AM PDT by Swordmaker (This tag line is a Microsoft product "insult" free zone.)
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To: Swordmaker

Ever since iOS4 came out, I thought the general prevailing opinion was for 3G users (but not 3GS) to avoid the upgrade. The 3G hardware just isn’t really up to it.

Also, can’t you roll back to a previous save point in iTunes?


23 posted on 11/04/2010 4:13:20 AM PDT by kevkrom (De-fund Obamacare in 2011, repeal in 2013!)
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To: Moltke
What kind of idiot would buy a telephone (or other device, for that matter) in the first place where the manufacturer gets to tell you after the sale what or what not you are allowed to do with it?

Almost everybody. It's the nature of modern over-reaching software licenses.

24 posted on 11/04/2010 6:02:53 AM PDT by antiRepublicrat
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To: antiRepublicrat; coon2000; dayglored; publiusF27

Thanks for everyone’s responses. All points well taken.

Just to clarify my perhaps terse post, I have no problem with any manufacturer imposing reasonable restrictions when it comes to possible warranty claims - you modify it, you lose your right to claim compensation for any damage that modification causes. Yep.

My beef was/is that the manufacturer would actively prevent you in the first place from modifying your product.

Also, I do not have any ill givings toward the Apple company. They make tons of money so they must be doing something right! Good for them. But it seems that for reasons including the above I am not part of their target market. OK, no problem.

Oh, I apologize if anyone took my “only an idiot would...” comment personally. It was not intended as such.

Cheers!


25 posted on 11/04/2010 12:30:16 PM PDT by Moltke (panem et circenses)
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To: Wolverine83

I can attest to the sluggishness of my 3G after the upgrade. It was certainly not a brick though. I upgraded to the 4, but not because of the sluggishness but rather I wanted access to FaceTime. I certainly don’t think it is anything worthy of a class-action lawsuit, in a sane world that is.


26 posted on 11/04/2010 1:50:22 PM PDT by Chipper (You can't kill an Obamazombie by destroying the brain...they didn't have one to begin with.)
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To: Swordmaker

I did not say they were bricked. I said I am disappointed that the iOS updates did not address the slower performance on the 3G phones. And I also said that it’s hard to imagine that Apple did not know about the 3G phones getting compromised by iOS before releasing it.

Please don’t put words in my mouth. I am an Apple developer and am a major fan, but in this case they blew it.


27 posted on 11/04/2010 2:00:17 PM PDT by Ted (http://sinema7.net)
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To: Swordmaker
I had an iPhone 3G. I allowed iTunes to install iOS4 and was sorely disappointed.

But let me clarify - I VOLUNTARILY said yes. I was not forced to update to iOS4.

And that being said, Apple did later issue further updates that helped iPhone 3G devices to get beyond some of the issues. That being said, my iPhone was already having other issues (screen-related), and eventually, I replaced it with an iPhone 4. I sold my old 3G with the dead screen for nearly $100 on eBay (fully disclosed). I don't think I came out of that so badly. The 3GS phones were nowhere near as bogged down or crippled by iOS4. Some users had some drastic battery life issues show up, that appear to have been corrected in the latest update. New features were added that were a step up (I really like having folders). Lawsuit? I just don't see it. Had I just purchased a brand new iPhone 3G (where would I have found one at that time, other than through grey-market sources), taken it home, and immediately had it update to iOS4... and even then, I'm not sure trouble would have been so apparent on a factory-fresh iPhone. I do think that Apple should have blocked 3G phones from being updated at all to iOS4. My theory on the troubles with that OS and the 3G - the code for multi-tasking was only partially disabled on 3G models - (apps stayed in memory after quit - a known fact-though you could not access them via multitasking). The phone had only 128MB ram... of which, nearly 100MB was utilized by iOS4.

28 posted on 11/05/2010 2:15:59 PM PDT by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: Swordmaker

What problems with “4” are you referring too? The latest version of the iOS is great for 3GS and iPhone 4 models... no issues that I know of remaining.

If you are referring to the “antenna-gate” loonacy... I was only able to recreate the reception issue on my iPhone 4 by contorting my fairly large hand into an uncomfortable grip of the phone (without a bumper or case). I have found no other issues with mine (have had it a couple of months now).


29 posted on 11/05/2010 2:21:06 PM PDT by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: dayglored

Lets say that I go buy a new Ford truck.

And after having it for a month, or so - I decide I don’t like how the transmission works, so I go find a cobbled-together, shade-tree, transmission and install it myself (right tools, or maybe not). The transmission doesn’t bolt up directly, but is close - and the gear ratios are way out of wack... my speedometer no longer works, it gets 3mpg going down hill, and the engine is running WAY hot (and I think I see some blue smoke starting to come out of the exhaust pipe).

So I go back to the Ford dealer and thow a tantrum and threaten to sue because of this piece of crap truck they sold me...that they now refuse to honor the powertrain warranty on...

Or - to use a bit more relevant illustration (though still with the truck):

Brand new truck - check
Go buy an aftermarket computer tuner
Connect the computer tuner that adjusts the transmission shift-points, engine timing, and a few other controls.

The tune apparently over-does it and causes the engine to rev way higher than designed and/or causes really heavy slamming shifts.

But I drive the heck out of it - ignoring the rattling growing louder under the hood...

Ford now can deny my powertrain warranty because the modifications I installed caused the damage.

Now -some will argue that this would be more like buying a new truck, and after the warranty has expired, Ford issues a recall to change the computer programming. I take the truck in, they flash the computer - and as I drive off, I notice that I cannot get it past 25mph. The engine runs very badly - transmission shifts poorly, and something is just wrong - it really isn’t drivable (this would be similar to how the 3G updated to iOS4 went).

So - Instead of getting Ford to fix the truck, I find some guy hanging out on the corner that claims to be a mechanic. He fiddles with it and gets it to kind of work... Then, when things are not quite how I want them, I cry to the dealership and sue them to fix my truck. Little did I know in all that wasted time and kicking and screaming... Ford had issued a fixed code that they had available at the same time I had the corner mechanic tinker with the truck.

Now, the dealer won’t fix it because the “work” done by the shadetree guy... well, he spliced wires, overrode settings, and jerry-rigged the truck -


30 posted on 11/05/2010 2:32:10 PM PDT by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: Ted
I did not say they were bricked. I said I am disappointed that the iOS updates did not address the slower performance on the 3G phones. And I also said that it’s hard to imagine that Apple did not know about the 3G phones getting compromised by iOS before releasing it.

Please don’t put words in my mouth. I am an Apple developer and am a major fan, but in this case they blew it.

Ted, I'm not putting words in YOUR mouth... but the lawsuit claims that the iPhone 3g and 3Gs were "bricked" and made unusable by the upgrade. I was asking you if you thought they were "bricked."

I think that running slower and being bricked are two entirely different things. Sorry if I wasn't clear.

31 posted on 11/05/2010 3:53:29 PM PDT by Swordmaker (This tag line is a Microsoft product "insult" free zone.)
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To: TheBattman
FWIW, I've never in my life taken a "modified" product back to a manufacturer and complained about it. Hardware, software, or otherwise. I consider that unethical. There sure are a ton of people who do, though.

As someone who, since the late 60's, has bought things and taken them apart, modified them, screwed around with the features and functions, and when small computers emerged in the mid-70's, went nuts with homebrew and modified hardware and software, I understand where you're coming from.

But even more, as the present owner of a 1995 Ford F150 pickup I bought last year for snowplowing, in which the previous owner had retrofitted a Windsor 351 engine and modified the powertrain, and then not bothered to tell me that the oil pump was going bad...

... I can relate to your Ford truck parables! :)

Ah, well, old pickup trucks... you clearly know what that's about.

32 posted on 11/05/2010 4:06:47 PM PDT by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
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To: Swordmaker

33 posted on 11/05/2010 4:09:37 PM PDT by Mojave (Ignorant and stoned - Obama's natural constituency.)
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