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From: |
Yavor Doganov |
Subject: |
www/philosophy trivial-patent.html udi.html |
Date: |
Wed, 23 Jul 2008 13:13:50 +0000 |
CVSROOT: /web/www
Module name: www
Changes by: Yavor Doganov <yavor> 08/07/23 13:13:50
Modified files:
philosophy : trivial-patent.html udi.html
Log message:
Reindent. Use {l,r}dquo/mdash/copy. Fix translations-list.
CVSWeb URLs:
http://web.cvs.savannah.gnu.org/viewcvs/www/philosophy/trivial-patent.html?cvsroot=www&r1=1.10&r2=1.11
http://web.cvs.savannah.gnu.org/viewcvs/www/philosophy/udi.html?cvsroot=www&r1=1.8&r2=1.9
Patches:
Index: trivial-patent.html
===================================================================
RCS file: /web/www/www/philosophy/trivial-patent.html,v
retrieving revision 1.10
retrieving revision 1.11
diff -u -b -r1.10 -r1.11
--- trivial-patent.html 26 Jan 2008 13:48:47 -0000 1.10
+++ trivial-patent.html 23 Jul 2008 13:13:44 -0000 1.11
@@ -1,295 +1,274 @@
- <!--#include virtual="/server/header.html" -->
-
- <title>The Anatomy of a Trivial Patent - the GNU project - Free
- Software Foundation - Free as in Freedom - GNU/Linux</title>
-
- <!--#include virtual="/server/banner.html" -->
-
- <h2>The Anatomy of a Trivial Patent</h2>
-
- <p>by <a href="http://www.stallman.org/"><strong>Richard
- Stallman</strong></a></p>
-
- <p>Programmers are well aware that many of the software
- patents cover laughably obvious ideas. Yet the patent
- system's defenders often argue that these ideas are
- nontrivial, obvious only by hindsight. And it is
- surprisingly difficult to defeat them in debate. Why is
- that?</p>
-
- <p>One reason is that any idea can be made look complex
- when analyzed to death. But another reason is that these
- trivial ideas often look quite complex as described in the
- patents themselves. The patent system's defenders can point
- to the complex description and say, "How can anything this
- complex be obvious?"</p>
-
- <p>I will use an example to show you how. Here's claim
- number one from US patent number 5,963,916, applied for in
- October 1996:</p>
-
- <p>1. A method for enabling a remote user to preview a
- portion of a pre-recorded music product from a network web
- site containing pre-selected portions of different
- pre-recorded music products, using a computer, a computer
- display and a telecommunications link between the remote
- user's computer and the network web site, the method
- comprising the steps of:</p>
-
- <ul>
- <li>using the remote user's computer to establish a
- telecommunications link to the network web site wherein
- the network web site comprises (i) a central host server
- coupled to a communications network for retrieving and
- transmitting the pre-selected portion of the pre-recorded
- music product upon request by a remote user and (ii) a
- central storage device for storing pre-selected portions
- of a plurality of different pre-recorded music
- products;</li>
-
- <li>transmitting user identification data from the remote
- user's computer to the central host server thereby
- allowing the central host server to identify and track
- the user's progress through the network web site;</li>
-
- <li>choosing at least one pre-selected portion of the
- pre-recorded music products from the central host
- server;</li>
-
- <li>receiving the chosen pre-selected portion of the
- pre-recorded products; and</li>
-
- <li>interactively previewing the received chosen
- pre-selected portion of the pre-recorded music
- product.</li>
- </ul>
-
- <p>That sure looks like a complex system, right? Surely it
- took a real clever guy to think of this? No, but it took
- cleverness to make it seem so complex. Let's analyze where
- the complexity comes from:</p>
-
- <p><i>1. A method for enabling a remote user to preview a
- portion of a pre-recorded music product from a network web
- site containing pre-selected portions</i></p>
-
- <p>That states the biggest part of their idea. They have
- selections from certain pieces of music on a server, so a
- user can listen to them.</p>
-
- <p><i>of different pre-recorded music products,</i></p>
-
- <p>This emphasizes their server stores selections from more
- than one piece of music.</p>
-
- <p>It is a basic principle of computer science is that if a
- computer can do a thing once, it can do that thing many
- times, on different data each time. Many patents pretend
- that applying this principle to a specific case makes an
- "invention".</p>
-
- <p><i>using a computer, a computer display and a
- telecommunications link between the remote user's computer
- and the network web site,</i></p>
-
- <p>This says they are using a server on a network.</p>
-
- <p><i>the method comprising the steps of: * a) using the
- remote user's computer to establish a telecommunications
- link to the network web site</i></p>
-
- <p>This says that the user connects to the server over the
- network. (That's the way one uses a server.)</p>
-
- <p><i>wherein the network web site comprises (i) a central
- host server coupled to a communications network</i></p>
-
- <p>This informs us that the server is on the net. (That is
- typical of servers.)</p>
-
- <p><i>for retrieving and transmitting the pre-selected
- portion of the pre-recorded music product upon request by a
- remote user</i></p>
-
- <p>This repeats the general idea stated in the first two
- lines.</p>
-
- <p><i>and (ii) a central storage device for storing
- pre-selected portions of a plurality of different
- pre-recorded music products;</i></p>
-
- <p>They have decided to put a hard disk (or equivalent) in
- their computer and store the music samples on that. Ever
- since around 1980, this has been the normal way to store
- anything on a computer for rapid access.</p>
-
- <p>Note how they emphasize once again the fact that they
- can store more than one selection on this disk. Of course,
- every file system will let you store more than one
- file.</p>
-
- <p><i>* b) transmitting user identification data from the
- remote user's computer to the central host server thereby
- allowing the central host server to identify and track the
- user's progress through the network web site;</i></p>
-
- <p>This says that they keep track of who you are and what
- you access--a common (though nasty) thing for web servers
- to do. I believe it was common already in 1996.</p>
-
- <p><i>* c) choosing at least one pre-selected portion of
- the pre-recorded music products from the central host
- server;</i></p>
-
- <p>In other words, the user clicks to say which link to
- follow. That is typical for web servers; if they had found
- another way to do it, that might have been an
- invention.</p>
-
- <p><i>* d) receiving the chosen pre-selected portion of the
- pre-recorded products; and</i></p>
-
- <p>When you follow a link, your browser reads the contents.
- This is typical behavior for a web browser.</p>
-
- <p><i>* e) interactively previewing the received chosen
- pre-selected portion of the pre-recorded music
- product.</i></p>
-
- <p>This says that your browser plays the music for you.
- (That is what many browsers do, when you follow a link to
- an audio file.)</p>
-
- <p>Now you can see how they padded this claim to make it
- into a complex idea: they included important aspects of
- what computers, networks, web servers, and web browsers do.
- This complexity, together with two lines which describe
- their own idea, add up to the so-called "invention" for
- which they received the patent.</p>
-
- <p>This example is typical of software patents. Even the
- occasional patent whose idea is nontrivial has the same
- sort of added complication.</p>
-
- <p>Now look at a subsequent claim:</p>
-
- <p><i>3. The method of [149]claim 1 wherein the central
- memory device comprises a plurality of compact disc-read
- only memory (CD-ROMs).</i></p>
-
- <p>What they are saying here is, "Even if you don't think
- that claim 1 is really an invention, using CD-ROMs to store
- the data makes it an invention for sure. An average system
- designer would never have thought of that."</p>
-
- <p>Now look at the next claim:</p>
-
- <p><i>4. The method of [150]claim 1 wherein the central
- memory device comprises a RAID array drive.</i></p>
-
- <p>A RAID array is a group of disks set up to work like one
- big disk, with the special feature that even if one of the
- disks in the array has a failure and stops working, all the
- data is still available on the other disks in the group.
- Such arrays have been commercially available since long
- before 1996, and are a standard way of storing data for
- high availability. But these brilliant inventors have
- patented the use of a RAID array for this particular
- purpose.</p>
-
- <p>Trivial as it is, this patent would not necessarily be
- found legally invalid if there is a lawsuit about it. Not
- only the US Patent Office but the courts as well tend to
- apply a very low standard when judging whether a patent is
- "unobvious". This patent might pass muster, according to
- them.</p>
-
- <p>What's more, the courts are reluctant to overrule the
- Patent Office, so there is a better chance of getting a
- patent overturned if you can show a court prior art that
- the Patent Office did not consider. If the courts are
- willing to entertain a higher standard in judging
- unobviousness, it helps to save the prior art for them.
- Thus, the proposals to "make the system work better" by
- providing the Patent Office with a better database of prior
- art could instead make things worse.</p>
-
- <p>It is very hard to make a patent system behave
- reasonably; it is a complex bureaucracy and tends to follow
- its structural imperatives regardless of what it is
- "supposed" to do. The only practical way to get rid of the
- many obvious patents on software features and business
- practices is to get rid of all patents in those fields.
- Fortunately, that would be no loss: the unobvious patents
- in the software field do no good either.</p>
-
- <p>The patent system is supposed, intended, to promote
- progress, and those who benefit from software patents ask
- us to believe without question that they do have that
- effect. But programmers' experience is otherwise. New
- theoretical analysis shows that this is no paradox. (See
- <a href=
-
"http://www.researchoninnovation.org/patent.pdf">http://www.researchoninnovation.org/patent.pdf</a>.)</p>
- </div>
-
- <!--#include virtual="/server/footer.html" -->
-
- <div id="footer">
- <p><a name="ContactInfo" id="ContactInfo"></a> Please inquire
- about GNU by Email: <a href=
- "mailto:address@hidden">address@hidden</a>, Voice: +1-617-542-5942,
- or Fax: +1-617-542-2652.</p>
-
- <p>Please send broken links and other web page suggestions to
- <a href="/people/webmeisters.html">The GNU Webmasters</a> at
- <a href="mailto:address@hidden">address@hidden</a>,
- Thank you.</p>
-
- <p>Copyright © 2006 Richard Stallman<br />
- Verbatim copying and distribution of this entire article are
- permitted in any medium provided this notice is
- preserved.</p>
-
- <p>Updated: <!-- timestamp start -->
- $Date: 2008/01/26 13:48:47 $
- <!-- timestamp end --></p>
- </div><!-- END copyleft -->
- <!-- BEGIN TranslationList -->
-
- <div id="translations">
- <h4><a href=
- "/server/standards/README.translations.html">Translations</a>
- of this page</h4><!--
- Please keep this list alphabetical, and in the original language.
- If you add a new language here please advise
- address@hidden and add it to
- - in /home/www/bin/nightly-vars either TAGSLANG or WEBLANG
- - in /home/www/html/server/standards/README.translations.html
- one of the lists under the section "Translations Underway"
- - if there is a translation team, you also have to add an alias
- to mail.gnu.org:/com/mailer/aliases
-
- Please also check you have the 2 letter language code right versus
- http://www.w3.org/WAI/ER/IG/ert/iso639.htm
--->
-
- <ul class="translations-list">
- <li><a href="/philosophy/trivial-patent.html" title=
- "[en] English">English</a></li>
-
- <!-- Spanish -->
- <li><a
href="/philosophy/trivial-patent.es.html">Español</a> [es]</li>
-
- <li><a href="/philosophy/trivial-patent.fr.html" title=
- "[fr] French">French</a></li>
-
- <li><a href="/philosophy/trivial-patent.it.html" title=
- "[it] Italiano">Italiano</a></li>
-
- <li><a href="/philosophy/trivial-patent.nl.html" title=
- "[nl] Dutch">Nederlands</a></li>
- </ul>
- </div><!-- END TranslationList -->
- </div><!-- END layout -->
+<!--#include virtual="/server/header.html" -->
+<title>The Anatomy of a Trivial Patent - GNU project - Free Software
Foundation (FSF)</title>
+<!--#include virtual="/server/banner.html" -->
+<h2>The Anatomy of a Trivial Patent</h2>
+
+<p>by <a href="http://www.stallman.org/"><strong>Richard
+Stallman</strong></a></p>
+
+<p>Programmers are well aware that many of the software patents cover
+laughably obvious ideas. Yet the patent system's defenders often
+argue that these ideas are nontrivial, obvious only by hindsight. And
+it is surprisingly difficult to defeat them in debate. Why is
+that?</p>
+
+<p>One reason is that any idea can be made look complex when analyzed
+to death. But another reason is that these trivial ideas often look
+quite complex as described in the patents themselves. The patent
+system's defenders can point to the complex description and say,
+“How can anything this complex be obvious?”</p>
+
+<p>I will use an example to show you how. Here's claim number one
+from US patent number 5,963,916, applied for in October 1996:</p>
+
+<p>1. A method for enabling a remote user to preview a portion of a
+pre-recorded music product from a network web site containing
+pre-selected portions of different pre-recorded music products, using
+a computer, a computer display and a telecommunications link between
+the remote user's computer and the network web site, the method
+comprising the steps of:</p>
+
+<ul>
+<li>using the remote user's computer to establish a telecommunications
+link to the network web site wherein the network web site comprises
+(i) a central host server coupled to a communications network for
+retrieving and transmitting the pre-selected portion of the
+pre-recorded music product upon request by a remote user and (ii) a
+central storage device for storing pre-selected portions of a
+plurality of different pre-recorded music products;</li>
+
+<li>transmitting user identification data from the remote user's
+computer to the central host server thereby allowing the central host
+server to identify and track the user's progress through the network
+web site;</li>
+
+<li>choosing at least one pre-selected portion of the pre-recorded
+music products from the central host server;</li>
+
+<li>receiving the chosen pre-selected portion of the pre-recorded
+products; and</li>
+
+<li>interactively previewing the received chosen pre-selected portion
+of the pre-recorded music product.</li>
+</ul>
+
+<p>That sure looks like a complex system, right? Surely it took a
+real clever guy to think of this? No, but it took cleverness to make
+it seem so complex. Let's analyze where the complexity comes
+from:</p>
+
+<p><i>1. A method for enabling a remote user to preview a portion of a
+pre-recorded music product from a network web site containing
+pre-selected portions</i></p>
+
+<p>That states the biggest part of their idea. They have selections
+from certain pieces of music on a server, so a user can listen to
+them.</p>
+
+<p><i>of different pre-recorded music products,</i></p>
+
+<p>This emphasizes their server stores selections from more than one
+piece of music.</p>
+
+<p>It is a basic principle of computer science is that if a computer
+can do a thing once, it can do that thing many times, on different
+data each time. Many patents pretend that applying this principle to
+a specific case makes an “invention”.</p>
+
+<p><i>using a computer, a computer display and a telecommunications
+link between the remote user's computer and the network web
+site,</i></p>
+
+<p>This says they are using a server on a network.</p>
+
+<p><i>the method comprising the steps of: * a) using the remote user's
+computer to establish a telecommunications link to the network web
+site</i></p>
+
+<p>This says that the user connects to the server over the network.
+(That's the way one uses a server.)</p>
+
+<p><i>wherein the network web site comprises (i) a central host server
+coupled to a communications network</i></p>
+
+<p>This informs us that the server is on the net. (That is typical of
+servers.)</p>
+
+<p><i>for retrieving and transmitting the pre-selected portion of the
+pre-recorded music product upon request by a remote user</i></p>
+
+<p>This repeats the general idea stated in the first two lines.</p>
+
+<p><i>and (ii) a central storage device for storing pre-selected
+portions of a plurality of different pre-recorded music
+products;</i></p>
+
+<p>They have decided to put a hard disk (or equivalent) in their
+computer and store the music samples on that. Ever since around 1980,
+this has been the normal way to store anything on a computer for rapid
+access.</p>
+
+<p>Note how they emphasize once again the fact that they can store
+more than one selection on this disk. Of course, every file system
+will let you store more than one file.</p>
+
+<p><i>* b) transmitting user identification data from the remote
+user's computer to the central host server thereby allowing the
+central host server to identify and track the user's progress through
+the network web site;</i></p>
+
+<p>This says that they keep track of who you are and what you
+access—a common (though nasty) thing for web servers to do. I
+believe it was common already in 1996.</p>
+
+<p><i>* c) choosing at least one pre-selected portion of the
+pre-recorded music products from the central host server;</i></p>
+
+<p>In other words, the user clicks to say which link to follow. That
+is typical for web servers; if they had found another way to do it,
+that might have been an invention.</p>
+
+<p><i>* d) receiving the chosen pre-selected portion of the
+pre-recorded products; and</i></p>
+
+<p>When you follow a link, your browser reads the contents. This is
+typical behavior for a web browser.</p>
+
+<p><i>* e) interactively previewing the received chosen pre-selected
+portion of the pre-recorded music product.</i></p>
+
+<p>This says that your browser plays the music for you. (That is what
+many browsers do, when you follow a link to an audio file.)</p>
+
+<p>Now you can see how they padded this claim to make it into a
+complex idea: they included important aspects of what computers,
+networks, web servers, and web browsers do. This complexity, together
+with two lines which describe their own idea, add up to the so-called
+“invention” for which they received the patent.</p>
+
+<p>This example is typical of software patents. Even the occasional
+patent whose idea is nontrivial has the same sort of added
+complication.</p>
+
+<p>Now look at a subsequent claim:</p>
+
+<p><i>3. The method of [149]claim 1 wherein the central memory device
+comprises a plurality of compact disc-read only memory
+(CD-ROMs).</i></p>
+
+<p>What they are saying here is, “Even if you don't think that
+claim 1 is really an invention, using CD-ROMs to store the data makes
+it an invention for sure. An average system designer would never have
+thought of that.”</p>
+
+<p>Now look at the next claim:</p>
+
+<p><i>4. The method of [150]claim 1 wherein the central memory device
+comprises a RAID array drive.</i></p>
+
+<p>A RAID array is a group of disks set up to work like one big disk,
+with the special feature that even if one of the disks in the array
+has a failure and stops working, all the data is still available on
+the other disks in the group. Such arrays have been commercially
+available since long before 1996, and are a standard way of storing
+data for high availability. But these brilliant inventors have
+patented the use of a RAID array for this particular purpose.</p>
+
+<p>Trivial as it is, this patent would not necessarily be found
+legally invalid if there is a lawsuit about it. Not only the US
+Patent Office but the courts as well tend to apply a very low standard
+when judging whether a patent is “unobvious”. This patent
+might pass muster, according to them.</p>
+
+<p>What's more, the courts are reluctant to overrule the Patent
+Office, so there is a better chance of getting a patent overturned if
+you can show a court prior art that the Patent Office did not
+consider. If the courts are willing to entertain a higher standard in
+judging unobviousness, it helps to save the prior art for them. Thus,
+the proposals to “make the system work better” by
+providing the Patent Office with a better database of prior art could
+instead make things worse.</p>
+
+<p>It is very hard to make a patent system behave reasonably; it is a
+complex bureaucracy and tends to follow its structural imperatives
+regardless of what it is “supposed” to do. The only
+practical way to get rid of the many obvious patents on software
+features and business practices is to get rid of all patents in those
+fields. Fortunately, that would be no loss: the unobvious patents in
+the software field do no good either.</p>
+
+<p>The patent system is supposed, intended, to promote progress, and
+those who benefit from software patents ask us to believe without
+question that they do have that effect. But programmers' experience
+is otherwise. New theoretical analysis shows that this is no paradox.
+(See <a href="http://www.researchoninnovation.org/patent.pdf">
+http://www.researchoninnovation.org/patent.pdf</a>.)</p>
+</div>
+
+<!--#include virtual="/server/footer.html" -->
+
+<div id="footer">
+<p>
+Please send FSF & GNU inquiries to
+<a href="mailto:address@hidden"><em>address@hidden</em></a>.
+There are also <a href="/contact/">other ways to contact</a>
+the FSF.
+<br />
+Please send broken links and other corrections or suggestions to
+<a href="mailto:address@hidden"><em>address@hidden</em></a>.
+</p>
+
+<p>
+Please see the
+<a href="/server/standards/README.translations.html">Translations
+README</a> for information on coordinating and submitting
+translations of this article.
+</p>
+
+
+<p>Copyright © 2006 Richard Stallman<br />
+Verbatim copying and distribution of this entire article are permitted
+in any medium provided this notice is preserved.</p>
+
+<p>
+Updated:
+<!-- timestamp start -->
+$Date: 2008/07/23 13:13:44 $
+<!-- timestamp end -->
+</p>
+</div>
+
+<div id="translations">
+<h4>Translations of this page</h4>
+
+<!-- Please keep this list alphabetical by language code. -->
+<!-- Comment what the language is for each type, i.e. de is German. -->
+<!-- Write the language name in its own language (Deutsch) in the text. -->
+<!-- If you add a new language here, please -->
+<!-- advise address@hidden and add it to -->
+<!-- - /home/www/html/server/standards/README.translations.html -->
+<!-- - one of the lists under the section "Translations Underway" -->
+<!-- - if there is a translation team, you also have to add an alias -->
+<!-- to mail.gnu.org:/com/mailer/aliases -->
+<!-- Please also check you have the language code right; see: -->
+<!-- http://www.loc.gov/standards/iso639-2/php/code_list.php -->
+<!-- If the 2-letter ISO 639-1 code is not available, -->
+<!-- use the 3-letter ISO 639-2. -->
+<!-- Please use W3C normative character entities. -->
+
+<ul class="translations-list">
+<!-- English -->
+<li><a href="/philosophy/trivial-patent.html">English</a> [en]</li>
+<!-- Spanish -->
+<li><a
href="/philosophy/trivial-patent.es.html">Español</a> [es]</li>
+<!-- French -->
+<li><a
href="/philosophy/trivial-patent.fr.html">Français</a> [fr]</li>
+<!-- Italian -->
+<li><a href="/philosophy/trivial-patent.it.html">Italiano</a> [it]</li>
+<!-- Dutch -->
+<li><a href="/philosophy/trivial-patent.nl.html">Nederlands</a> [nl]</li>
+</ul>
+</div>
+</div>
</body>
</html>
Index: udi.html
===================================================================
RCS file: /web/www/www/philosophy/udi.html,v
retrieving revision 1.8
retrieving revision 1.9
diff -u -b -r1.8 -r1.9
--- udi.html 2 Apr 2007 14:00:21 -0000 1.8
+++ udi.html 23 Jul 2008 13:13:44 -0000 1.9
@@ -36,8 +36,8 @@
violation of the GNU GPL to link the drivers into a proprietary
kernel. To increase the temptation to do so is asking for trouble.</p></li>
-<li> People could run non-free Windows drivers on
- <a href="/gnu/linux-and-gnu.html">GNU/Linux</a> systems.
+<li> People could run non-free Windows drivers
+on <a href="/gnu/linux-and-gnu.html">GNU/Linux</a> systems.
<p>
This would not directly affect the range of hardware supported by free
software. But indirectly it would tend to decrease the range, by
@@ -57,10 +57,11 @@
<p>
Given these consequences, it is no surprise that Intel, a supporter of
-UDI, has started to ``look to the Linux community for help with UDI.''
-How does a rich and self-seeking company approach a cooperating
-community? By asking for a handout, of course. They have nothing to
-lose by asking, and we might be caught off guard and say yes.</p>
+UDI, has started to “look to the Linux community for help with
+UDI.” How does a rich and self-seeking company approach a
+cooperating community? By asking for a handout, of course. They have
+nothing to lose by asking, and we might be caught off guard and say
+yes.</p>
<p>
Cooperation with UDI is not out of the question. We should not label
UDI, Intel, or anyone, as a Great Satan. But before we participate in
@@ -76,8 +77,8 @@
require that the driver be free software. That would be ideal, but
other alternatives could also work. Just requiring source for the
driver to be published, and not a trade secret, could do the
-job--because even if that driver is not free, it would at least tell
-us what we need to know to write a free driver.</p>
+job—because even if that driver is not free, it would at least
+tell us what we need to know to write a free driver.</p>
<p>
Intel could also do something outside of UDI to help the free software
community solve this problem. For example, there may be some sort of
@@ -105,69 +106,77 @@
Still, there is no harm in keeping the door unlocked, as long as we
are careful about who we let in.</p>
+</div>
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- <p>
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+Please see the
+<a href="/server/standards/README.translations.html">Translations
+README</a> for information on coordinating and submitting
+translations of this article.
+</p>
+
+<p>
+Copyright © 1998 Richard M. Stallman
+<br />
+Verbatim copying and distribution of this entire article is
+permitted in any medium without royalty provided this notice is
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+</p>
+
+<p>
+Updated:
+<!-- timestamp start -->
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-</div>
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+
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+<!-- French -->
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+</ul>
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