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Rogers places illegal ads on Toronto sidewalks

Posted by Derek Flack / June 15, 2010

rogers illegal sidewalk adsRogers Communications has taken to Toronto sidewalks with their latest ad campaign for their internet and and HD cable services. Problem is, spray-chalking public space with corporate logos and slogans without the permission of the City is illegal.

It's also a pretty sleazy way to promote your products.

As I was driving north from Bloor last night, I noticed some serious stenciling going on at the northeast end of Christie Pits at Barton. I thought it was a bit ballsy -- being around 10:00 p.m. or so -- until my companion informed me that these were no Banksy wannabes. Sure enough, a closer look revealed that their "work" was a series of Rogers ads.

rogers illegal sidewalk adsAt first I thought that the company must have paid for the use of the sidewalk in the area on account of the fact that Rogers broadcasts Toronto Maple Leaf baseball games from that area of the park. But after further thought, I started to doubt this theory.

Initial confirmation that the campaign was in violation of Toronto by-laws came via Twitter. It seems I wasn't the only one who noticed the illegal ads going up. The ever-watchful Jonathan Goldsbie (@goldsbie) was quick to bring a similar infraction at Bathurst and Barton to the attention of Toronto 311 (@311Toronto), which precipitated a promise that a by-law officer would look into the infraction. Worthy of mention is how quick the response was to the original complaint (kudos @311Toronto).

But just to be sure that the advertising was illegal, I contacted Toronto Transportation Services, Right of Way Management. A quick conversation with Socrates Tzotzes, the by-law officer who investigated the sidewalk ads, revealed that Rogers has been ordered to remove all of the ads within 48 hours. In the event that they don't comply, the City will remove them at Rogers' expense.

20100615-rogers-logos.jpgI also contacted Rogers. Keith McArthur, Senior Director, Social Media and Digital Communications, offered this statement about the sidewalk ads: "Rogers is always looking for unique ways to tell Canadians about our innovative products and services. In this case, we crossed a line that we weren't aware of, and as soon as it was brought to our attention we halted the program and we are taking immediate action to remove the messages."

To be fair, Rogers isn't the first company to engage in this type of advertising. Maple Leaf Sports and Entertainment also ran into trouble with their Spirit is Everything sidewalk campaign last November.

But, it's also important to note -- particularly given McCarther's above statement -- that this isn't the first time that Rogers has used this advertising strategy either. Back in October of 2007, Spacing wrote about a similar campaign. These incidents would seem to suggest that Rogers' policy is to place the ads first, and worry about by-law compliance later.

Tzotzes informed me that Rogers has already started work on removing some of the stencils on sidewalks and walls in the Beaches, where a similar campaign took place last night. That's pretty quick -- particularly since the company could stretch it out for another day before being in violation of the City clean-up order -- but the whole strategy strikes me as counterproductive. My sense is that most people don't like to see sidewalks littered with advertising.

Or maybe I'm wrong. Perhaps, it's actually quite savvy. If the only repercussion is a take-down order, perhaps it's worth it for the couple of days that the ads are up. I guess it just depends on one's definition of "worth." Even if it catches a few eyes, it's a pretty bush league move on the part of a major company.

Discussion

56 Comments

Katherine / June 15, 2010 at 04:25 pm
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Like they don't already take enough of our money, they need to use free public space.
Spindoc / June 15, 2010 at 04:26 pm
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There is great sidewalk ad company, Green Grafitti, check 'em out, that is legal under city bylaws, as they steam pressure wash stenciled logos on the dull grey concrete leaving a bleached out white logo that naturally infills back to normal grey with dirt and dust in a few days. No paint, no chemicals, no cheating, no by-laws.....
Aaron / June 15, 2010 at 04:28 pm
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Rogers may have to pay to clean up its own graffiti, but if someone who makes < a few million a year does it they'll get arrested / charged.
MP / June 15, 2010 at 04:30 pm
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I hope this doesn't become a trend. We don't need more advertising!
Aaron / June 15, 2010 at 04:33 pm
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That was supposed to read "Rogers may have to pay to clean up its graffiti, but if someone who earns less than a few million dollars does it, they get charged / arrested." BlogTO doesn't like math symbols
Maryam / June 15, 2010 at 04:37 pm
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They're also in Cabbagetown. Spotted them on my run this morning near Parliament and Winchester. Come on Rogers. You're everywhere already.
Ryan L. / June 15, 2010 at 04:39 pm
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"These incidents would seem to suggest that Rogers' policy is to place the ads first, and worry about by-law compliance later."

A more accurate statement would be "Rogers hires some third party advertising company who comes up with the idea, the artwork and does the legwork and assumes the third party had looked into legal ramifications. While Rogers should have looked into it themselves the third party advertising agency is partially to blame, but Rogers will still end up accepting all of the blame when they could easily hang the agency out to dry."
Derek replying to a comment from Ryan L. / June 15, 2010 at 04:43 pm
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I think that would only be more accurate if this was the first time that it had happened. There shouldn't be anything to "look into" if you've already done it before...
Robert / June 15, 2010 at 04:46 pm
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Who can we contact at Rogers to file a complaint?
Meera / June 15, 2010 at 04:53 pm
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They weren't "aware" that putting graffiti on public property is illegal? How stupid are these people?
Darcy McGee / June 15, 2010 at 04:53 pm
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I noticed an interesting strategy to promote the Prince of Persia here in Vancouver. It looked as if they'd used a stencil to pressure wash CLEAN the sidewalk. You could clearly make out the Prince of Persia logo on the tattered concrete as it was significantly lighter than the surrounding concrete.

Now is the city going to make it illegal for private companies to CLEAN the sidewalk?
adsfree / June 15, 2010 at 04:53 pm
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What does it cost Rogers to buy an advertisement on BlogTO?

Looks like they just got some decent coverage and photos without having to cough up a cent to this site. they're no dummies.
Derek replying to a comment from adsfree / June 15, 2010 at 04:59 pm
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I appreciate that the photos of Rogers ads gives them some "air-time," but I think the story is worth telling even in the face of this inevitability.
Woody / June 15, 2010 at 05:12 pm
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Will BlogTO dedicate the same kind of time and web page space to Adidas and Nike when they deface vast stretches of Yonge? Come on! Sidewalk ads may be illegal but they're nothing new. Where was this kind of story when Vitamin Water slapped down dozens of semi-permanent ads all over the downtown last year?
canmark / June 15, 2010 at 05:14 pm
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I remember IKEA did a similar thing where they spray-painted their message on sidewalks and bus shelters and store walls... which got them in trouble in Vancouver.

I don't see how Rogers can be surprised you can't advertise on public sidewalks. I mean, if it were legal (free ad space!) everybody would be doing it.

TO Star: Ikea abandons graffiti ad campaign
http://www.thestar.com/business/article/676685
Steve / June 15, 2010 at 05:24 pm
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Here's an idea:

Let's monetize our sidewalks and sell Rogers and other corporations the space for placing their advertising messages. The City of Toronto could then make corresponding cuts in property taxes, or augment their services.

There may be additional opportunity to enter into public private partnerships to build toll sidewalks for those of us who don't want to see any advertising while walking and are willing to pay to be free of them.
WN / June 15, 2010 at 05:45 pm
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Someone needs to put down some sidewalk chalk (which will come off the next rainfall) to change the message. Hmm... how about:

ALMOST HD MOVIES
LEAST FASTEST INTERNET
fiveteamer / June 15, 2010 at 05:46 pm
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Brilliant marketing by Rogers. Up until now I had no idea where I would go for my internet. I had a whole of, what, 2 options?
N.K replying to a comment from adsfree / June 15, 2010 at 05:54 pm
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Bingo.
Eric / June 15, 2010 at 06:09 pm
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Looks like it was money well spent. Sure has people talking
S / June 15, 2010 at 07:14 pm
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Ha. They're promoting HD. So people stay home watching HD tv. Then they wonder why Skydome averages 10k crowds at ball games.

The city will fine them and they in turn will up their costs on your next cable/phone bill.
whocares / June 15, 2010 at 07:57 pm
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its chalk, its gonna rain tonight it will ruin/wash them away. I got better things to do then worry about chalk on a sidewalk.
Andy replying to a comment from Derek / June 15, 2010 at 08:10 pm
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I think the coverage is important but the more interesting angle or emphasis for the story would have been that Rogers knew exactly what they were doing. Removal of the ads after media coverage was OF COURSE part of the calculated campaign. When the currency of advertising is eyeballs at all costs - Rogers succeeded. An example of guerrilla marketing at its best. Washing may remove the ad from the sidewalk but not the imprint from out brains. Ignorance should not be a defence, no 48-hour period for removal should be granted (immediate, thank you very much) and a hefty penalty to Rogers and the installers should be levied so they can repay their debt to those neighbourhoods for breaking the by-law and provide deterrents for future commercial hijacking of public spaces.
Donna Samoyloff / June 15, 2010 at 08:44 pm
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I wish I had Rogers cable, so I could cancel it.

This past March, a neighbour mentioned how hard it was to find space on lamp-posts for her "lost cat" notices. Got me thinking. I did up sheets of interesting quotations, a few pix, some poetry -- and I glue things up every now-and-again. Some stuff is now faded by rain -- but nothing has been pasted over. It's fun to watch pedestrians stop, read, smile.
Donna Samoyloff replying to a comment from Woody / June 15, 2010 at 08:54 pm
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"Where was this kind of story when Vitamin Water slapped down dozens of semi-permanent ads all over the downtown last year?"

If it's of concern to YOU, Woody, why not quit bitchin' and do something about it yourself?
incredible_flying_cheese@hotmail.com / June 15, 2010 at 09:56 pm
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I didn't bother to read this article as I can assume that it is another, "graffiti is awesome!" type deal. Keep up the good work, blogTO. Just remember, vandalism is super cool and hip.
zappa / June 15, 2010 at 10:02 pm
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I live to ROGERS bankrupticing. For all money this company forced stole from me, for all bad services and for all prove that they don't give a shit about us, one day they will beg for a dime.
Derek replying to a comment from incredible_flying_cheese@hotmail.com / June 15, 2010 at 10:36 pm
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There's a lesson to be learned here somewhere...
Kim / June 15, 2010 at 11:57 pm
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I think it's a savvy campaign, it just hate that it's Rogers - damn government-sponsored monopoly. Vitamin water I can deal with, poetry is awesome, but Rogers? Seriously?! Yeah, cause that's what I need in my life: MORE Rogers.
Robb / June 16, 2010 at 12:17 am
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SO glad others are as frustrated as me. CURSE Them..

Keith McArthur has a TWITTER page: @RogersKeith

Go and send your message to him so we can keep hounding them till Rogers actually gets rid of their art!
mp / June 16, 2010 at 06:36 am
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The Toronto Blue Jays play baseball, not the Maple Leafs.

Boo Rogers.
Steve / June 16, 2010 at 07:43 am
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Ah yes, Corporate Double Speak.
"Rogers is always looking for unique ways to tell Canadians about our innovative products and services. In this case, we crossed a line that we weren't aware of, and as soon as it was brought to our attention we halted the program and we are taking immediate action to remove the messages."
Weren't aware of?? Yeah, right. Rogers, a major telcom does something without first checking if it's even legal?
Here' the translation:
Yes, we knew full well that this is illegal, so that assures us that no one else is going to do it. By the the time that someone noticed, filed the complaint and it was brought to our attention, do you know how many people saw these ads? Do you know that this news story is giving us even MORE publicity. Maybe...MAYBE, we'll send some lackey's to clean them up, or, we'll just leave them, and let the city get to it, which will take more time...hust bill us. It's easier to just do something and pay the fines than to ask permission.
everlast34 / June 16, 2010 at 08:03 am
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Why dont they just spray paint it right on our eyeballs.
Grahame replying to a comment from mp / June 16, 2010 at 08:10 am
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There's also a Maple Leafs baseball team.

http://en.wikipedia.org/wiki/Toronto_Maple_Leafs_(semi-pro_baseball)

I wouldn't be surprised if they're a better hockey team than the other Maple Leafs though.
mr hate / June 16, 2010 at 08:19 am
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OMFG did BlogTO people actually say they didn't like people putting messages on property that doesn't belong to them?


IM

POSS

I

BLE
u can be a pepper too replying to a comment from mr hate / June 16, 2010 at 08:27 am
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THATS DIFFERENT MR.HATE ADS ARE ADS GRAFFITTI IS BEAUTIFUL AND IT UTILIZES MY OCAD DEGREE. LORD KNOWS I CAN NOT USE IT GETTING A JOB
Randy / June 16, 2010 at 09:10 am
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Suggestion: leave a tightly-coiled turd on the ads.
HJ / June 16, 2010 at 09:52 am
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Some of you don't get it. It's that this sort of thing, in the context of various other illegal signs and billboards, is indicative of a corporate culture operating with disregard for laws on marketing, and near-impunity when they break them. We as citizens endure no end of public safety blather about graffiti and "broken windows" theories, while the private sector continues to simply do whatever they please when placing their own messages in public space. Why are we putting up with this? Why is the city being run this way?

This double standard is getting really, really old and BlogTO is helping to draw attention to it with this story, which is just one of many of its kind.
Mike W replying to a comment from HJ / June 16, 2010 at 10:07 am
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You realize Rogers has to clean these up or be fined right?
That's not "near-impunity". And the city's not putting up with this. Sheesh.

At least they can be held responsible. Graffiti is just hit and run.
Darcy McGee replying to a comment from Mike W / June 16, 2010 at 11:34 am
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You realize the fines in this case are minimal and irrelevant to a corporation?

Graffiti can be pressed as a criminal charge. If the Rogers exec who authorized this were brought up on criminal charges, it probably wouldn't happen again.
Mike W replying to a comment from Darcy McGee / June 16, 2010 at 12:01 pm
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And yet the ads will be gone next week.
Whether the fine is irrelevant to the company is really irrelevant to me.

Criminal charges against them suits me just fine. I hope your pressing your MP to make it happen.
mr hate / June 16, 2010 at 12:34 pm
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Rogers tagging the sidewalk is exactly the same as some as*hole tagging a wall.

But wait - the aftermath is a wee bit different:

Rogers cleans it up, pays a fine. That's hardly near-impunity. That's actually being held responsible.

Now what about as*hole taggers? Oh, right - they're nowhere to be found and they're never held accountable.

Oh well. I guess we're stuck with 40 foot TONE tags all over the f'ing place.

Lori / June 16, 2010 at 01:53 pm
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Rogers is a terrible company. Nowadays, if you owe even a dollar they are on your ass for the money. If they don't care about their customers they are unlikely to care about legality.
Mike W replying to a comment from Lori / June 16, 2010 at 02:09 pm
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No one should be using rogers anymore.

Internet: Teksavvy, Acanac, Yak
Wireless: Wind, Public mobile
TV: the internet, HD Antenna
Phone: Yak, etc

If youre still on rogers (outside retentions) youre paying too much. Take a look. Be surprised.
handfed / June 16, 2010 at 10:52 pm
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I'd like to add Velcom.ca to the Internet/DSL list: $35/month total on dry line (no phone bill), I get 4mbps actual speed in Annex. NICE
HJ replying to a comment from mr hate / June 17, 2010 at 01:41 am
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Why do you keep bringing up taggers? Rogers doesn't get off the hook for this, dodge it, or keep doing it just because someone else does it. Two wrongs, yadda.

Again, why do private companies keep skirting the law on this stuff while the rest of us put up with ceaseless hectoring from police and security on the topic? There are so many examples of such antics -- factor in the illegal billboards and one begins to ask why these outfits seem so non-commital about following the damn rules downtown.
Mike W replying to a comment from HJ / June 17, 2010 at 10:04 am
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Yes, Rogers doesn't get off the hook for this, because they can be held accountable. The beauty of illegal advertisements is that you know who to go after. Maybe that's why they're not hassled as much; they can't get away with it.

But hell, you don't think a Rogers exec looks at all the graffiti in the city and thinks "me too!"? Please.

Who the hell is "the rest of us" and why are the police and security hectoring you? Because police sure as hell don't hassle the general population for kicks.
Donna Samoyloff / June 17, 2010 at 10:30 am
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I e-mailed Rogers with subject line = Don't deface sidewalks. Here's the reply I received:

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Dear Sir/Madam,

Thank you for taking the time to write to us, we appreciate your use of online customer service.

In your recent email, you have informed us that <paraphrase the customer's question here>

For future email correspondence with respect to this e-mail, please quote reference number 43778585

Regards,
Jessica R. Représentante du Service à la Clientèle en ligne Rogers
Online Customer Service http://www.rogers.com

Original Message Follows: ------------------------
. . . and clean away what you've defaced already.


Donna

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I assume Roger's has out-sourced their e-responses to Narnia.


Donna Samoyloff / June 17, 2010 at 10:38 am
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What's missing in the message above is "paraphrase the customer's question here", after "In your recent email, you have informed us that . . ."

I assume this happened because the words were preceded by paired "greater than" and "less than" symbols.

Too bad, because it's my favourite part.
J replying to a comment from Darcy McGee / June 18, 2010 at 04:48 pm
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Well, someone didn't read the previous comments before replying. The second comment in this item is Spindoc saying the following:

"There is great sidewalk ad company, Green Grafitti, check 'em out, that is legal under city bylaws, as they steam pressure wash stenciled logos on the dull grey concrete leaving a bleached out white logo that naturally infills back to normal grey with dirt and dust in a few days. No paint, no chemicals, no cheating, no by-laws....."

I assume this is what you're talking about. As Spindoc pointed out, steam-pressuring the sidewalk, making a portion of it cleaner does not violate any by-laws and at no point did anyone say that the city is "going to make it illegal for private companies to CLEAN the sidewalk"

Just to reiterate: "cleaning the sidewalk" is not what happened in this case at all. So, forgive me if I have to ask: what the hell are you talking about?
Marc / June 18, 2010 at 06:35 pm
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ANY graffiti (pollution) is bad and deserves a coat of paint. Too much advertisements in society is a regression. I guess Naomi Klein (NO LOGO) was right.
Gloria / June 20, 2010 at 01:10 am
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Some people protest over nothing too much. Rogers actually got more publicity because they were ordered to remove the signs than they would have had otherwise. Totsl cost: pennies in comparison to what it would have cost otherwise.
R / June 22, 2010 at 08:36 pm
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I emailed torontoist.com two days ago when I saw these, but apparently they have not take notice as of yet.

Two additional illegal (I presume) sidewalk ads, by related sponsors. one outside the Gladstone, the other at the NE corner of King and Bathurst.

R

http://farm2.static.flickr.com/1341/4725499229_35fd59aa18_b.jpg

http://farm2.static.flickr.com/1149/4725500017_d850d8e968_b.jpg
hussein / October 1, 2010 at 05:33 am
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Interesting topic. I am doing some research on this & am wondering. With the availability of digital cameras that have mini projectors, what would be the legal aspects of someone projecting an advertisement onto a wall/sidewalks/etc where there is heavy traffic. Once the projection range & quality increases, this could be a viable method.
Sean / October 1, 2010 at 06:31 am
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When point the projection images to the clouds at night?
It would be like calling Batman.
Tyciol / February 8, 2011 at 03:41 pm
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On the plus side, at least their advertisement did not include a nude coupling of yuri fandom favourites: the 17 year old cartoon characters Sailors Neptune and Uranus, or we would jail them for a minimum of a half decade for the creation of child pornography.

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