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TheUnforgiven posted:IP question about use of "logo for a faction in a video game, the logo of a superhero, or artwork based off of games." There is, of course, a complicated answer to this. But the quick and dirty version is this: copyright covers original works (books, song, movies, etc.) and trademark covers marks (typically logos and stylized writing) used in trade. The things you are talking about are most likely covered under trademark law. The Superman logo, for instance, is a registered trademark. So, too, is the symbol the rebels use in the Star Wars universe. Et cetera. If you are curious about whether a mark is registered, you can use the USPTO Search. Do note, however, that even if it's not registered, that does not mean it is not protected by law. As for how that impacts your business model, it really is complicated and you should consult an attorney in the field. I hope your model goes beyond printing up shirts adorned with the Weighted Companion Cube.
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# ? Aug 30, 2010 17:11 |
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# ? May 16, 2024 12:51 |
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Wyatt posted:There is, of course, a complicated answer to this. But the quick and dirty version is this: copyright covers original works (books, song, movies, etc.) and trademark covers marks (typically logos and stylized writing) used in trade. The things you are talking about are most likely covered under trademark law. The Superman logo, for instance, is a registered trademark. So, too, is the symbol the rebels use in the Star Wars universe. Et cetera. If you are curious about whether a mark is registered, you can use the USPTO Search. Do note, however, that even if it's not registered, that does not mean it is not protected by law. This is pretty much the quick answer I was looking for. I do plan on consulting an attorney in the field and I just wanted some basic info before I go set up an appointment with one to discuss these things. I have zero plans on doing shirts using the Companion Cube or anything like that. Thanks a ton. I appreciate it!
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# ? Aug 30, 2010 17:31 |
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Krispy Kareem posted:It sounds like you have a lot of his information already, but what about the check you wrote him? When the canceled check comes back to you in either paper or digital form it should have his bank account information or his ID written on the back. Well, the check he wrote me--which bounced--is drawn from some bunk generic business account. So I have the account info, but don't think there's much I can do. The checks I wrote him--my bank lets me see the back of them, but the resolution is too poor for me to make out his account number. Anyway, I learned a lot about him today. For instance, there are a couple warrants out for him in MA (where he spent a couple months in jail). He may also be wanted in CA. But, unfortunately, the NYPD won't help me at all. They claim it's a civil matter. They wouldn't even file a report. And, apparently, I'm not the first person they've turned away like this about this case. Suggestions?
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# ? Aug 30, 2010 18:56 |
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Actie posted:Well, the check he wrote me--which bounced--is drawn from some bunk generic business account. So I have the account info, but don't think there's much I can do. Someone else may have better advice for you about the cops, but on the bank issue I believe you can request the actual check mailed to you. Electronic copies are provided in lieu of more expensive originals, but the paper copies are on file and can be pulled (may require an additional fee). Not sure exactly what that would provide you with though. It sounds like he's been working the system for awhile so odds are the account is since closed. EDIT: Regarding the business check he wrote, you may be able to involve the police in that. Him defrauding you in a contract is a civil manner. However writing a known bad check may fall within kiting laws which includes criminal penalties. Krispy Wafer fucked around with this message at 19:08 on Aug 30, 2010 |
# ? Aug 30, 2010 19:04 |
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Actie posted:Well, the check he wrote me--which bounced--is drawn from some bunk generic business account. So I have the account info, but don't think there's much I can do. I read Actie's post and I really can't find anything he did wrong when trying to rent this apartment. He met with the renter in person, gave him a cheque and not cash, signed a lease agreement. I'm going on assumptions that the place wasn't a dive and that the renter didn't look like a cracked out toothless bum, what other steps could Actie have done to protect himself? I genuinely feel bad for you dude. Most people who get scammed by "Renter is on vacation in nigeria so they want me to western union first and last months rent to them" don't get as much sympathy from me as common sense should kick in for them. So just for learning and awareness purposes, are there any other additional measures he could have taken? Once again, sorry man, I hope you get your money back and this guy gets put in prison.
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# ? Aug 30, 2010 19:17 |
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ThisIsIntense fucked around with this message at 07:07 on Aug 31, 2010 |
# ? Aug 30, 2010 20:39 |
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Krispy Kareem posted:Someone else may have better advice for you about the cops, but on the bank issue I believe you can request the actual check mailed to you. Electronic copies are provided in lieu of more expensive originals, but the paper copies are on file and can be pulled (may require an additional fee). I'll see what I can do on the account front. As to the cops, I still have no idea. I certainly tried to tell them about the bounced check, but they wouldn't listen and basically shooed me out. I thought it was basically because my situation was too small fry, but the person after me yapped them off for 20 minutes about his stolen iPhone, and they let him file a report. Meanwhile, I was trying to alert them to an ex-con and scammer-at-large who lives literally ONE building over from the police department, and they wouldn't let me finish a single sentence. OzzyBlood posted:I read Actie's post and I really can't find anything he did wrong when trying to rent this apartment. He met with the renter in person, gave him a cheque and not cash, signed a lease agreement. I'm going on assumptions that the place wasn't a dive and that the renter didn't look like a cracked out toothless bum, what other steps could Actie have done to protect himself? I genuinely feel bad for you dude. Most people who get scammed by "Renter is on vacation in nigeria so they want me to western union first and last months rent to them" don't get as much sympathy from me as common sense should kick in for them. So just for learning and awareness purposes, are there any other additional measures he could have taken? Thanks for the sympathy. While I think myself savvy enough not to have done anything blatantly wrong, there were certainly a couple clues I overlooked. Firstly, the scammer didn't look like a toothless bum, but I had a hard time believing all his tales anyway. He claimed to have done things like produce movies and flip houses for big profits, and I could tell he was too young and too inexperienced to actually have done these things. (Plus no Internet records of it--but then, he does have an extremely common name.) Instead of getting suspicious, I pegged him for the blathering, self-aggrandizing type and moved on. Secondly, and more importantly, the apartment was not only not a dive but was really, really nice. In fact, way nicer than the monthly rent the scammer requested would merit. I should have thought, This is too good to be true. Instead, I thought: wow! What a deal! Turns out, I didn't find a nice deal living with a braggart. I found a voluble, clever scammer who, I've since learned, stole tens of thousands of dollars from people before me. Which is why I'll probably never see me $2k again, and why I'll never try to find a roommate on Craigslist again. EDIT: Removing a personal detail I accidentally let slip. Actie fucked around with this message at 02:57 on Aug 31, 2010 |
# ? Aug 30, 2010 21:12 |
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Mousse420 posted:What state are you in?
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# ? Aug 30, 2010 21:15 |
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ThisIsIntense fucked around with this message at 07:06 on Aug 31, 2010 |
# ? Aug 30, 2010 21:31 |
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A friend of mine recently got pulled over in Iowa while driving cross country from Maryland to California, here is his story:quote:Here is the story of what happened to me in Iowa: so tldr; Friend got pulled over for speeding, was asked for permission to search car, refused, and was detained until a K9 unit could get there. Cop did not say he was pulled over for anything else other than speeding and having temp plates. Is that unlawful detention? Not really looking to sue or anything, but I would be interested in what the law (at least in Iowa) is in regards to this. Cheesemaster200 fucked around with this message at 22:48 on Aug 30, 2010 |
# ? Aug 30, 2010 22:45 |
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Mousse420 posted:I'm not asking what the "right" thing to do is, it's in the title. LEGAL question. If only you had been a teensy bit more concerned about what the right thing to do was before, you might not have to worry so much about the legal thing now. But since you're not my client, I don't have to do anything if you come here asking how to continue doing things that are both wrong and illegal. P.S. You've admitted to breaking the law in your post on a public forum; you might want to consider editing/deleting it.
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# ? Aug 31, 2010 00:10 |
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ThisIsIntense fucked around with this message at 07:06 on Aug 31, 2010 |
# ? Aug 31, 2010 00:12 |
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Mousse420 posted:How did I break the law? by believing a lie? By buying a computer from someone in a private transaction, when I had no idea it was gotten with stolen money? The mom will have to file a police report before the bank credits back any of the purchases. That means implicating her son, you, or both. You already know who she believes so yeah, I'd be prepared for a visit from the police. At that point it's your word against your buddy's. He can't say he had nothing to do with it, but he can sure say you guys did it together. Fortunately you have all the stuff whereas he spent all the cash on crack. That gives you a little bit of leverage in case the cops do come calling. It also might help in your defense since you'd be a really stupid criminal to use your own address to receive stolen goods by mail. Also, if you buy stolen property you don't get to keep that property after you find out its stolen.
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# ? Aug 31, 2010 02:21 |
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Actie posted:Turns out, I didn't find a nice deal living with a braggart. I found a voluble, clever scammer who, I've since learned, stole tens of thousands of dollars from people before me. Which is why I'll probably never see me $2k again, and why I'll never try to find a roommate on Craigslist again. UPDATE: The scammer has initiated a PayPal transfer to me. It's for the amount that he owes me, and it's by eCheck. It says it won't clear until Friday. I'm completely unfamiliar with PayPal, though I do have a Premier account. Sorry to waylay this thread--but could someone tell me if he has any way of canceling the payment? Is there any chance payment won't go through? If he can pay by eCheck, wouldn't that also mean he can make an instant payment?
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# ? Aug 31, 2010 02:33 |
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Actie posted:UPDATE: The scammer has initiated a PayPal transfer to me. It's for the amount that he owes me, and it's by eCheck. It says it won't clear until Friday. It's account dependant. I've had problems before where I couldn't make an instant payment over a certain amount and it made me do an eCheck instead.
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# ? Aug 31, 2010 02:49 |
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ThisIsIntense fucked around with this message at 07:05 on Aug 31, 2010 |
# ? Aug 31, 2010 03:05 |
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Mousse420 posted:What if I get rid of the computer and it's not here when cops get here? Or will they even come inside my house? They would need a search warrant to do that, wouldn't they? What is the likelihood of them getting one of those for me? Look, they've got records of the stuff that was charged, and they'll have records of where it was shipped to. That's probably more than enough for probable cause, so maybe you should take a break from having in your house for awhile. You're not going to get to keep the stuff, it was fraudulently obtained. E: the pipe is obviously a problem. Offer to compensate her for it. If this woman is intent on going after you, you might need a lawyer. Incredulous Red fucked around with this message at 04:00 on Aug 31, 2010 |
# ? Aug 31, 2010 03:57 |
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Mousse420 posted:What if I get rid of the computer and it's not here when cops get here? Or will they even come inside my house? They would need a search warrant to do that, wouldn't they? What is the likelihood of them getting one of those for me? Yeah, get rid of the evidence that was mailed to your address. Use thermite on the harddrive just to be sure. Other people here will say that's bad advice, but that's only because their parents paid for them to go to some hotty totty law school.
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# ? Aug 31, 2010 04:07 |
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Mousse420 posted:What if I get rid of the computer and it's not here when cops get here?
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# ? Aug 31, 2010 04:22 |
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Mousse420 posted:How did I break the law? by believing a lie? By buying a computer from someone in a private transaction, when I had no idea it was gotten with stolen money? You assisted in a crime. You benefited from this crime. You left a voice message admitting to your involvement. You then posted about your involvement on a public forum. You're actively working on trying to keep your stolen goods. What is so hard for you to figure out?
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# ? Aug 31, 2010 04:32 |
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I would seriously advise goons to consider not engaging in this continual discussion. You know, that ethical obligation and all.
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# ? Aug 31, 2010 05:42 |
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Cheesemaster200 posted:A friend of mine recently got pulled over in Iowa while driving cross country from Maryland to California, here is his story: This speaks to a violation of 42 USC 1983 for 1st and 4th Amendment reasons. I.e. you can sue for retaliation and unreasonable search and seizure. Winning against a police department is almost impossible for serious crimes, you will not win this case unless a neutral third party videotaped it and the video tape is incriminating. Murica.
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# ? Aug 31, 2010 14:24 |
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JudicialRestraints posted:This speaks to a violation of 42 USC 1983 for 1st and 4th Amendment reasons. I.e. you can sue for retaliation and unreasonable search and seizure. Any way of preventing this from happening other than being richer and whiter?
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# ? Aug 31, 2010 15:04 |
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hobbesmaster posted:Any way of preventing this from happening other than being richer and whiter? Driving the speed limit would be a start. Don't give cops a reason to pull you over. (In this case, the driver was bound to get pulled over because of the out-of-state temp plates. They are indeed easy to forge, and are a popular means of concealing a stolen car.)
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# ? Aug 31, 2010 15:51 |
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MalConstant posted:Well I called another lawyer and he wanted to charge me $1750! This guy promised me that he could get the charges dropped because the case was bullshit and that I would be looking at some time in jail if I tried to defend myself.. It looks like I'll be going into this without a lawyer. My court date is in 2 weeks and I make poo poo for money so I'll be defending myself. Dad won't help with lawyer because he's already helping me with my car. gently caress.
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# ? Aug 31, 2010 15:59 |
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hobbesmaster posted:Any way of preventing this from happening other than being richer and whiter? I would try being richer and whiter first, but failing that APPEARING richer and whiter will probably help. I.e. don't drive a beater, don't have tinted windows, be very polite to the police, wear nice clothes, don't speed, and most relevantly here get rid of your temp plates (anecdotally cops like to bust out of towners because it's harder to challenge the ticket). Small town cops can make your life hell, don't go to small towns if you can help it, and if you have to go, try to look respectable/responsible in hopes that the cops will target someone darker/poorer than you.
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# ? Aug 31, 2010 16:22 |
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JudicialRestraints posted:This speaks to a violation of 42 USC 1983 for 1st and 4th Amendment reasons. I.e. you can sue for retaliation and unreasonable search and seizure. What if in theory they actually did find something? Could that evidence be thrown out fairly easily in court during a criminal trial? Compared to a civil suit which (i think) you are referring to?
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# ? Aug 31, 2010 17:40 |
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Cheesemaster200 posted:What if in theory they actually did find something? Could that evidence be thrown out fairly easily in court during a criminal trial? Compared to a civil suit which (i think) you are referring to? That all depends on what reasonable suspicion the officer articulates for calling in the K-9 unit. Refusal to consent to a search is not, in itself, grounds to execute a search.
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# ? Aug 31, 2010 18:16 |
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Cheesemaster200 posted:What if in theory they actually did find something? Could that evidence be thrown out fairly easily in court during a criminal trial? Compared to a civil suit which (i think) you are referring to? It depends on whether the judge thought that the 15 minutes to get the dog "unreasonably prolonged" the traffic stop. Since the Trooper said your friend was free to go before he called for the dog, I'd say yes. However, the Trooper could say that he was just trying to get your friend to consent and that he really had an independent legitimate basis to detain you. (out of State temp tags, nervousness (or calmness and questioning the trooper) single driver using a drug corridor, eagerness to leave, wallet bulging with small denomination bills (good thing he was north of the Mason-Dixon line - it might have been civilly forfeited if he was a couple states south) the possible list of reasons is as long as your imagination.) That being said, if the Trooper took this line, cross-examining him on this b.s would make my week. (and I've already had a good week)
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# ? Aug 31, 2010 18:48 |
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I'll keep this brief. Is it possible for an employer to legally withold pay from me after I've quit? I was still inside my "trial period", having worked there just under six months and obvioulsy didn't give notice, as I told them where to stick the job. My final salary was due to go in today but it's failed to turn up and mysteriously, my ex-manager has been ducking my phonecalls all day, so I guess they decided not to pay me. Isn't that illegal? I'm in the UK, and I'm a British citizen by the way. Thanks
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# ? Aug 31, 2010 19:04 |
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Porky_Oboe posted:I'll keep this brief. What does your contract say about notice?
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# ? Aug 31, 2010 19:22 |
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Alchenar posted:What does your contract say about notice? It does say 1 month should be given if possible when resigning. It doesn't say anything about witholding pay though.
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# ? Aug 31, 2010 19:30 |
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Solomon Grundy posted:Different states have different rules on this issue. In my state, in order to sue for negligent infliction of emotional distress, you have to be in the "zone of danger." If you were at risk from the horrible event, you can sue, but if you are merely a spectator, you can't. In other words, if a car splats a kid 3 feet in front of you, missing you by inches, you were in the zone of danger. Watching Shamu munch a trainer, not so much. A twist in the case! http://www.palmbeachpost.com/blotter/seaworld-says-lawyer-threatened-to-have-family-appear-887255.html quote:ORLANDO -- SeaWorld released a statement claiming that the lawyer for a family suing the company threatened to have them appear on Oprah. The family has sued the theme park after witnessing the whale attack that killed trainer Dawn Brancheau in February.
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# ? Sep 1, 2010 02:20 |
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Zero One posted:A twist in the case! That could be considered criminal extortion under the laws of my state. It is fine to threaten to bring a lawsuit, but if you threaten media exposure, even if the information is true, in order to extract a payment, it can be a criminal violation. It is that sort of thing that got Letterman's accuser in trouble.
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# ? Sep 1, 2010 02:54 |
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Porky_Oboe posted:It does say 1 month should be given if possible when resigning. It doesn't say anything about witholding pay though. In America they couldn't withhold pay. England has better labor laws than America. Find a limeylawyer to confirm his.
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# ? Sep 1, 2010 05:21 |
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e- nevermind
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# ? Sep 1, 2010 07:06 |
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So I have what should be an easy one. I was issued a ticket for having a minor at a party with alcohol in Arizona. The charges were dropped and that was the end of it. Talking with a few people they said that Arizona keeps everything on public record forever and that I have to disclose the ticket as an arrest on job applications. Is this true, do I have to disclose this forever now?
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# ? Sep 1, 2010 07:26 |
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JudicialRestraints posted:In America they couldn't withhold pay. England has better labor laws than America. Find a limeylawyer to confirm his. My completely uninformed gut response is that he's owed the money but his employer can claim costs if his lack of reasonable notice caused them losses. Advice: Go to your local CAB and talk to them. Phone up the company and request your final wages, with a request for reasons if they refuse. If all else fails: take them to the Employment Tribunal. It won't cost you anything except for a bit of time and you can do it all yourself.
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# ? Sep 1, 2010 11:48 |
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Thanks for the help chaps, but I've spoken to her today and its getting sorted. She claimed I wasn't owed anything because of breach of contract, but I told her I'd be willing to take it to an employment tribunal if I had to and she folded like a deck chair, so I'm guessing she knew it wasn't legal. This is what pisses me off about call centre managers. She's used to dealing with 18/19 year old kids who can be pushed around because they don't know they can do anything about it. Makes me loving sick.
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# ? Sep 1, 2010 13:37 |
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# ? May 16, 2024 12:51 |
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sorry, double post.
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# ? Sep 1, 2010 13:40 |