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Nele Noppe

Japanese copyright law - Wikipedia, the free encyclopedia - 0 views

  • Japanese copyright laws consist of two parts: "Author's Rights", and "Neighboring Rights", and as such, "copyright" is a convenient collective term rather than a single concept in Japan.
  • Author's rights
  • Neighboring rights
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  • "Neighboring rights" refer to the rights of performers, broadcasters, and other individuals who do not author works, but play an important role in communicating them to the public.
  • Exceptions
  • As in many other countries, the term "public domain" is not mentioned in Japanese copyright laws, and thus, even though some materials are claimed to be "public domain", there can be some restrictions. Sometimes the term copyright-free is used instead.
  • Works authored by an individual, under his own name or a known pseudonym, are protected for fifty years following the individual's death. Works authored anonymously or under an unknown pseudonym, as well as works authored by corporations, where the individual author or authors are unknown, are protected for fifty years following publication. Japan is considering extending the duration of protection to seventy years to be more in line with the United States and other nations.
  • Very soon,[when?] CDs will be copy-protected in Japan.
  • Once implemented, it may become impossible to play copyright-protected CDs on the CD-ROM drive of a computer.
  • In 1992, the "Compensation System for Digital Private Recording" was introduced. According to this system, those who make digital sound or visual recordings for personal use should pay compensation to the copyright owners. This compensation is added in advance to the prices of specified digital recording equipment (DAT, DCC, MD, CD-R, CD-RW), and specified recording media (DVCR, D-VHS, MVDISC, DVD-RW, DVD-RAM) (Japan Copyright Office 2001, 17; ibid. 24).
  • In other words, the clever user who tries to free-ride on the original genius of the creator of this or that tune has to be educated, and forced to participate in a trusted system in order to obtain the desired tunes. No one has so far mentioned about either fair use or the reach of the public domain.
  • In 1997, the Japanese Copyright Law was updated to expand the coverage of the author's "right of communication to the public" (established in 1986 under the name of Rights of Broadcasting and Wire Transmission) to the stage of making it transmittable. The objects of the right of communication to the public are the activities of connecting a server to a network, and the activities of transmission
  • Besides these two definitions, Article 23 (1) of the Copyright Law provides that "(t)he author shall have the exclusive right to make the public transmission of his or her work (including the making transmittable of his or her work in the case of the interactive transmission)". This can be considered an expansion of the right of public transmission of authors to the preceding stage of making transmittable, available (Fujiwara 1999, 98-99; Japan Copyright Office 2001, 31), and even of a right of making transmittable that goes further than the WIPO Copyright Treaty (Ficsor 2002, 506). Apart from this, and in order to comply with the WIPO Performances and Phonograms Treaty, a right of making transmittable was also granted to performers and phonogram producers. The scope here is especially to regulate the internet broadcasting of live performances (Fujiwara 1999, 98; Japan Copyright Office 2001, 31).
  • when we look at it from the viewpoint of the public domain, the wider reach of the concept of communication to the public means a big limitation of the reach of this public domain. This is not a discourse against "copyright protection". Indeed, in a lot of cases, copyright protection seems to work as a system, and creates an incentive to produce. We only should be aware that the current transformations in the legislation concerning intellectual property rights — in Japan and in other countries — is moving very fast, and do not seem to take into account all facets of the story, nor remember the very basic goal of copyright, which is "to contribute to the development of culture".
  • In November 2000, the "Copyright Management Business Law" (4.2.2.3) was enacted. Its main purpose is to facilitate the establishment of new copyright management businesses, in order to "respond to the development of digital technologies and communication networks" (Japan Copyright Office 2001, 27). In general, we can say that this law will facilitate the rise of copyright management businesses, and possibly create a further limitation to the reach of the public domain.
  • In its book, "Copyright System in Japan", the title of this section is "(t)o secure the effectiveness of rights by utilizing new technologies" (Japan Copyright Office 2001, 32). This shows clearly that the Japanese government considers software to be a tool for enforcing copyright legislation. Not mentioned, however, is the possible negative side-effects concerning fair use (limitation on rights), or the reach of the public domain.
  • It is quite clear that with this regulation, it becomes impossible to circumvent the copyright-protection of intellectual property in the context of fair use. This means that when a CD, etc. is copyright-protected, there is not only technically no space for fair use, but also from the legislative side, there is no support for copying in the context of fair use.
Nele Noppe

Man on Man: The New Gay Romance ... written by and for straight women - 0 views

  • As for why a straight woman writes gay romance, Penley suggests, it has to do with body politics. Women’s bodies are a political and social battleground. Women are told how to behave, and whether or not they can abort fetuses. They are held to impossibly high standards of beauty. Maybe they write with men’s bodies, she theorizes, because those bodies aren’t as problematic as their own. Maybe men’s bodies are just easier. Linda Williams, a Berkeley professor who wrote the first serious book about porn film, Hard Core: Power, Pleasure, and the “Frenzy of the Visible,” suggests a similar freedom — specifically, one from worry. When women watch straight pornography, there’s always the problem of who’s on top, or who’s on the bottom. “On the other hand,” Williams says, “if you’re watching two men having sex, you don’t have to worry about a woman being mishandled, or abused or overpowered.”Or it could simply be a fantasy of abundance. “If you presume that these women are heterosexual,” Williams adds, “and their own desire is for men, then you’ve doubled the pleasure.”Another prevailing belief is that the pleasure these women derive from reading erotic romances about two men has less to do with the sex than with the romance. The main pleasure comes from the romantic story, i.e., the plot. And the plots are essentially female. The sex is just the cherry on top.
  • The results for men, Bailey says, were as expected. Their arousal was “category-specific.” Men were turned on, in other words, only by the categories of people they prefer to have sex with. The women, however, had a different, far more surprising pattern of arousal: It didn’t matter whether the women said they were gay or straight, they were turned on by all the films. Bailey concluded that men’s and women’s brains are likely organized differently.As you might guess, Bailey is a controversial figure. That study, published in the journal Psychological Science, as well as his other research concerning the etiology of sexual arousal, has been attacked by everyone from The Washington Times and conservative congressmen to gay activists. (Bailey was also one of the first researchers to suggest that homosexuality is substantially genetic.)But why should a woman be turned on by a variety of stimuli any more so than a man? It may not make sense politically, but one of Bailey’s co-researchers, Meredith Chivers, might have found an answer by pushing the reasoning even further. She speculates that women’s genitals tend to lubricate in the presence of sexual cues as a defense against rape. Ancestral women whose bodies didn’t automatically lubricate during unwanted vaginal penetration might have sustained more serious injuries and would not have survived to pass the trait along to offspring. Becoming physically (if not mentally) aroused by a whiff of sex in the air, in other words, is evolutionarily adaptive for women. Which is not of course the same thing as pleasure. On that score, Bailey’s findings are reinforced by Abramson’s scientific experiments on masturbation from the early ’70s. He showed his subjects films of people masturbating to orgasm. As in the other studies, straight women were aroused equally by both genders. Abramson concluded that women are equally adept at imagining themselves as either the pleasurer or the receiver.
Nele Noppe

New Essays on Umberto Eco - 0 views

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    by Peter Bondanella
Nele Noppe

The Poetics of the Open Work By Umberto Eco - 0 views

  • the instrumentalist's freedom is a function of the "narrative" structure of the piece
  • the instrumentalist's freedom is a function of the "narrative" structure of the piece
  • the instrumentalist's freedom is a function of the "narrative" structure of the piece
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  • the instrumentalist's freedom is a function of the "narrative" structure of the piece
  • the instrumentalist's freedom is a function of the "narrative" structure of the piece
  • the instrumentalist's freedom is a function of the "narrative" structure of the piece
  • the instrumentalist's freedom is a function of the "narrative" structure of the piece,
  • the instrumentalist's freedom is a function of the "narrative" structure of the piece,
  • the instrumentalist's freedom is a function of the "narrative" structure of the piece, w
  • the new musical works referred to above reject the definitive, concluded message and multiply the formal possibilities of the distribution of their elements.
  • initiative of the individual performer
  • As he reacts to the play of stimuli and his own response to their patterning, the individual addressee is bound to supply his own existential credentials, the sense conditioning which is peculiarly his own, a defined culture, a set of tastes, personal inclinations, and prejudices. Thus, his comprehension of the original artifact is always modified by his particular and individual perspective. In fact, the form of the work of art gains its aesthetic validity precisely in proportion to the number of different perspectives from which it can be viewed and understood.
  • A work of art, therefore, is a complete and closed form in its uniqueness as a balanced organic whole, while at the same time constituting an open product on account of its susceptibility to countless different interpretations which do not impinge on its unadulterable specificity.
  • it is obvious that works like those of Berio and Stockhausen are "open" in a far more tangible sense.
  • the poetics of the "open" work tends to encourage “acts of conscious freedom” on the part of the performer and place him at the focal point of a network of limitless interrelations,
  • Instead nowadays it is primarily the artist who is aware of its implications.
  • However, in this type of operation, "openness" is far removed from meaning "indefiniteness" of communication, "infinite" possibilities of form, and complete freedom of reception. What in fact is made available is a range of rigidly preestablished and ordained interpretative solutions,
  • and these never allow the reader to move outside the strict control of the author.
  • It is not that the four solutions of the allegorical passage are quantitatively more limited than the many possible solutions of a contemporary "open" work. As I shall try to show, it is a different vision of the world which lies under these different aesthetic experiences
  • Now if Baroque spirituality is to be seen as the first clear manifestation of modern culture and sensitivity, it is because here, for the first time, man opts out of the canon of authorized responses and finds that he is faced (both in art and in science) by a world in a fluid state which requires corresponding creativity on his part.
  • the new man's inventive role. He is no longer to see the work of art as an object which draws on given links with experience and which demands to be enjoyed; now he sees it as a potential mystery to be solved, a role to fulfill, a stimulus to quicken his imagination.
  • W. Y. Tindall, in his book on the literary symbol, offers an analysis of some of the greatest modern literary works in order to test Valéry's declaration that "il n'y a pas de vrai sens d'un texte" ("there is no true meaning of a text"). Tindall eventually concludes that a work of art is a construct which anyone at all, including its author, can put to any use whatsoever, as he chooses. This type of criticism views the literary work as a continuous potentiality of "openness"-in other words, an indefinite reserve of meanings. This is the scope of the wave of American studies on the structure of metaphor, or of modern work on "types of ambiguity" offered by poetic discourse.
  • Clearly, the work of James Joyce is a major example of an "open" mode, since it deliberately seeks to offer an image of the ontological and existential situation of the contemporary world.
  • Here the work is "open" in the same sense that a debate is "open." A solution is seen as desirable and is actually anticipated, but it must come from the collective enterprise of the audience. In this case the "openness" is converted into an instrument of revolutionary pedagogics.
  • the examples considered in the preceding section propose an "openness" based on the theoretical, mental collaboration of the consumer, who must freely interpret an artistic datum, a product which has already been organized in its structural entirety (even if this structure allows for an indefinite plurality of interpretations). On the other hand, a composition like Scambi, by Pousseur, represents a fresh advance.
  • it is clear that a composition such as Scambi poses a completely new problem. It invites us to identify inside the category of "open" works a further, more restricted classification of works which can be defined as "works in movement," because they characteristically consist of unplanned or physically incomplete structural units
  • If we turn to literary production to try to isolate an example of a work in movement," we are immediately obliged to take into consideration Mallarmé's Livre, a colossal and far- reaching work, the quintessence of the poet's production. He conceived it as the work which would constitute not only the goal of his activities but also the end goal of the world:
  • However, Mallarmé's immense enterprise was utopian:
  • In every century, the way that artistic forms are structured reflects the way in which science or contemporary culture views reality.
  • Hence, it is not overambitious to detect in the poetics of the "open" work – and even less so in the "work in movement” – more or less specific overtones of trends in contemporary scientific thought.
  • The notion of "possibility" is a philosophical canon which reflects a widespread tendency in contemporary science; the discarding of a static, syllogistic view of order, and a corresponding devolution of intellectual authority to personal decision, choice, and social context.
  • The two-value truth logic which follows the classical aut-aut, the disjunctive dilemma between true and false, a fact and its contradictory, is no longer the only instrument of philosophical experiment. Multi-value logics are now gaining currency, and these are quite capable of incorporating indeterminacy as a valid stepping-stone in the cognitive process. In this general intellectual atmosphere, the poetics of the open work is peculiarly relevant: it posits the work of art stripped of necessary and foreseeable conclusions, works in which the performer's freedom functions as part of the discontinuity which contemporary physics recognizes, not as an element of disorientation, but as an essential stage in all scientific verification procedures and also as the verifiable pattern of events in the subatomic world.
  • Here are no privileged points of view, and all available perspectives are equally valid and rich in potential.
  • This is not the place to pass judgment on the scientific validity of the metaphysical construct implied by Einstein's system. But there is a striking analogy between his universe and the universe of the work in movement
  • Therefore, to sum up, we can say that the "work in movement" is the possibility of numerous different personal interventions, but it is not an amorphous invitation to indiscriminate participation. The invitation offers the performer the opportunity for an oriented insertion into something which always remains the world intended by the author.
  • All these examples of "open" works and "works in movement" have this latent characteristic, which guarantees that they will al- ways be seen as "works" and not just as a conglomeration of random components ready to emerge from the chaos in which they previously stood and permitted to assume any form whatsoever.
  • Now, a dictionary clearly presents us with thousands upon thou- sands of words which we could freely use to compose poetry, essays on physics, anonymous letters, or grocery lists. In this sense the dictionary is clearly open to the reconstitution of its raw material in any way that the manipulator wishes. But this does not make it a "work." The "openness" and dynamism of an artistic work consist in factors which make it susceptible to a whole range of integrations. They provide it with organic complements which they graft into the structural vitality which the work already possesses, even if it is incomplete. This structural vitality is still seen as a positive property of the work, even though it admits of all kinds of different conclusions and solutions for it
  • We have, therefore, seen that (1) "open" works, insofar as they are in movement, are characterized by the invitation to make the work together with the author and that (2) on a wider level (as a subgenus in the species "work in movement") there exist works which, though organically completed, are "open" to a continuous generation of internal relations which the addressee must uncover and select in his act of perceiving the totality of incoming stimuli. (3) Every work of art, even though it is produced by following an explicit or implicit poetics of necessity, is effectively open to a virtually unlimited range
  • of possible readings, each of which causes the work to acquire new vitality in terms of one particular taste, or perspective, or personal performance
  • The poetic theory or practice of the "work in movement" senses this possibility as a specific vocation. It allies itself openly and selfconsciously to current trends in scientific method and puts into action and tangible form the very trend which aesthetics has
  • already acknowledged as the general background to performance. These poetic systems recognize "openness" as the fundamental possibility of the contemporary artist or consumer.
  • The poetics of the "work in movement" (and partly that of the "open" work) sets in motion a new cycle of relations between the artist and his audience, a new mechanics of aesthetic perception, a different status for the artistic product in contemporary society. It opens a new page in sociology and in pedagogy, as well as a new chapter in the history of art. It poses new practical problems by organizing new communicative situations. In short, it installs a new relationship between the contemplation and the utilization of a work of art.
Nele Noppe

Creative Industries - 0 views

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    by John Hartley, to read
Nele Noppe

McLuhan Studies Premiere Issue: Eco's Prophetic Vision of Mass Culture - 0 views

  • Even in his first essays in the sixties, the author's approach to reading, interpreting and commenting on culture could already be seen as that of a semiotician who had not yet adopted the technical jargon of the discipline. In fact, it would not be too far-fetched to consider the Eco of the sixties as essentially a young Adso (see the discussions on reading signs betwen William and Adso in The Name of the Rose) ready to learn about semiotics from the right mentor. We must also remember that as soon as Eco no longer feels satisfied by the early writings of French semioticians and structuralists like Barthes and Levi-Strauss, he turns to the studies of Jakobson and Peirce on the science of signs.
  • Also, few intellectuals can match Eco's great interdisciplinary skills.
  • In general, Eco's critics (most of them academic) have suggested that he is successful because he publishes trendy books.
Nele Noppe

Interview with Umberto Eco (Coppock) - 0 views

  • "Do you think this might lead to new forms of literature?" I have been using a fantastic hypertext for the last 30 years. It is called Scrabble. Isn't it true that with Scrabble you can compose every possible cross link, every combination of sentences. It's a nice game, it can have educational purposes. Sometimes my wife who is German learned part of her English lexicon by playing Scrabble. Sometimes we play Scrabble in English, or in French. OK, but if you are a poet you have your mental Scrabble. You don't need the board to do it. It is the same I think for all those kinds of games. They can be very nice to play. So, I repeat: they can be used for training people in inventing and composing, but they have nothing to do, according to me, with the future of literature.
  • At the present state of the art, if I had to bet all the money I have in my pocket, I would bet more on hyper-systems more than on hypertext.
  • Then, when you read a serious book on Cremonini, first you discover that Cremonini was a great mind of this time, even though he was not an innovator like Gallileo, and that it isn't true that he refused to look into the binocular. He just said: "At the present state of technology, those lenses are very rudimentary, so I don't think that they can really help me to see something more." It was an objection to the present primitive state of the art. So what I am making now is probably a statement that we are still at a primitive state of the art. I have not been interested up to now to try virtual reality. Because until it is possible to make love to Marilyn Monroe; until the moment that her clothes start floating away - well, then at that moment I will try! But as long as it is just a sketch of Marilyn Monroe, and I can have the real sensation elsewhere, then the state of the art is so primitive that I prefer to wait, that's all! If you offer me this possibility soon, or better still, if you offer me this possibility when I am 80, I will be enthusiastic about the innovation, and I will become a fanatic supporter!
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  • But that's why I say that at this point I have the impression that it is most interesting for educational and training purposes, rather than for providing real new aesthetic experiences.
Nele Noppe

Thought Police Can't Protect Real Children - 0 views

  • would have established the catagory of "nonexistent youth"
  • The banning of fictional depictions of child abuse would likely be as meaningless as the banning of fictional depictions of car chasing with the aim toward reducing motor vehicle accidents in real life.
  • If content alone was the issue, war footage and horror films should be banned as well.
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  • Content in itself is not the issue--Child pornography has been outlawed because the methods involved in production involve real children in possibly abusive circumstances. How the material was produced is what makes it criminal, not what impression it conveys on the audience. 
  • Child pornography involving real children being sexually abused is horrid beyond words. For that very reason, I find it reprehensible to mix together such acts of human misery and suffering with illusionary fantasy that exists only in the author's imagination. Widening the definition of child pornography to include fictional material belittles the gravity of real sex abuse.
  • Many convicted criminals also cite the Bible as their inspiration of conducting astonishingly savage acts, and yet few would attribute the Bible as the root cause of such criminal behavior. Why?--Because free societies accept the principle that people are responsible for their own actions.
  • It is very dangerous to restrict the actions and rights of citizens based on the principle that some limited number of individuals may act irresponsibly. This is the equivalent of removing knives from the household kitchen because someone used a meat cleaver to commit a crime. Again, this logic is unbelievably reckless as well.
  • Furthermore, crime statistics published by the Japanese police themselves show no causality between the proliferation of erotic material and sex crimes. The crime rate has dramatically decreased since WW2 while the availability of erotica and violent fictional entertainment has risen by leaps and bounds during the same period.
  • It is easily imaginable that an endless cycle of accusations and denials will unfold regarding establishing the "true age" of fictional characters. Authors and publishers will more than likely attempt to proclaim that the characters look young, but they are actually above the age of 18. Physical attributes vary between widely depending on race and ethnicity, not to mention fictional non-human characters.
  • Publishers and authors are extremely proficient in adapting toward new regulations. If graphical depictions are banned, then abstract or comedic depictions will increase.
  • Either an ever increasing set of symbols will be deemed to be inappropriate to be linked to a core human attribute--human sexuality--or the futility of the ban will lead the law to become impotent over all.
  • Even today, numerous adult manga publications have self censorship standards that are mind-boggling. Authors have complained about how some editors have insisted on having all female characters appearing in their works be endowed with large breasts because drawing women as they appear more like in real life was deemed "too childish looking." 
  • Banning the fictional depictions of minors involved in sexual situations will make a fundamental core human attribute taboo.
  • Such a ban will stifle creativity and impoverish the cultural landscape.
  • The value attributed to works of literature and art change over time. The works of modern art and literature from the last two centuries are filled with examples where they were deemed to be vile, corruptive trash by contemporary authorities, but now these same works enjoy high status as priceless cultural treasures.
  • A culture grows richer through addition, not by subtraction.
  • A ban on fictional depictions of minor engaged in sexual situations has the very real potential to brand individuals as sex offenders even though they have had no sexual contact with real people. I believe there could be no legal justification for destroying people's lives simple because they drew doodles on paper, but the proposed ban would create such a legal precedence. 
  • I am absolutely certain that history will not look back kindly upon such a ban, and it will join a long list of colossal failures of regulatory policy, such as the prohibition of alcohol in the US between 1920 to 1933, various sodomy laws, the comic book code, and bans on socialist literature in Japan during the prewar era. It is important to note that all these failed moral crusades were led by virtuous and diligent individuals intent on making the world a better place. 
Nele Noppe

Rebecca Tushnet's 43(B)log: Bela Lugosi's Undead - 0 views

  • r. That's a reminder that "permission culture" isn't just recent, it's really recent. Even if you're not Joyce Carol Oates, writing fiction about public figures is okay.
  • This post from Publisher's Weekly puts a particular trend in fantasy (Pride and Prejudice and Zombies; Abraham Lincoln, Vampire Hunter; et innumerable cetera) in context. The author predicts that the 70-year lag between death and fictionalization she identifies will collapse on freedom of speech grounds
Nele Noppe

Titus Hjelm - From Demonic to Genetic: The Rise and Fall of Religion in Vampire Film - 0 views

  • Basically my thesis is that in recent vampire fiction (both film and books) the vampire has undergone a change from a religious figure into a scientifically defined villain. In other words, whereas the crucifix used to be the best weapon against Bela Lugosi and Christopher Lee, the likes of Wesley Snipes and Kate Beckinsale are more concerned about biological weapons used against them. These are what I call the ‘old paradigm’ and ‘new paradigm’ celluloid vampires, respectively. 
  • In contrast, the modern vampires are represented explicitly as an outcome of a gene mutation. Their main motivation is not to spread ‘evil’ in itself, but to survive, and for some, to rule humans. Therefore, it is not a question of satanic vampires vs. good Christians, but a question of racial supremacy. Finally, as I mentioned above, the new films often employ metafiction in reference to religious symbolism, saying that unlike popular culture teaches us, ‘crosses don’t do squat.’ 
  • I think the first rule of cultural analysis is not to read too much meaning into the text itself, so answering that question is notoriously difficult. One plausible thesis would be that religious symbols have lost at least some of the common resonance ground they once had, therefore making the religious, ‘old paradigm’ vampire somewhat obsolete in contemporary culture. On the other hand, the need for ‘enchantment’ has not disappeared, now we’re just enchanted by the possibilities of science gone awry rather than religious evil. 
Nele Noppe

Boys' Love vs. Yaoi: An Essay on Terminology | The Mark of Ashen Wings - 0 views

  • The defining characteristic of boys’ love, I’d argue, is that it is a narrative about the romantic or erotic relationship between two or more male characters that has been created with the intention of appealing to a female audience.
  • This broad definition of boys’ love has the advantage, to academics, of expanding it beyond its traditional application to Japanese or other Asian media (usually manga and anime) to encompass non-Asian genres such as slash and to permit the analysis of books about male/male relationships written by women that have otherwise been left out of such categorization
  • Subgenres within boys’ love, then, would include those various categories based on setting, source material, age of characters, status of presentation, plot type, and the like.
Nele Noppe

Good vs. Evil in Harry Potter - 7 views

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    Müller, Sarah. Scholarly paper
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    The Harry Potter films are all great. I don't know how many times I watched them.
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    Rachel, I absolutely agree. The first four movies are great for children, and now I watch them with my kids. I couldn't figure out whether IPTV is legal or not, but having checked the info here https://www.firesticktricks.com/is-iptv-legal.html, I finally started using it. As Christmas time is coming up, I think it is high time to rewatch the films about Harry Potter.
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