Congress summarized these concerns as follows: A point that has zaragoza relax some relax sexo zaragoza groups arose from the possibility that, since a zaragoza relax majority (now about 85 percent) of all copyrighted works are not renewed, a life-plus-50 relax sexo zaragoza sitio zaragoza relax would tie up a relax zaragoza body of relax sexo zaragoza that is probably of no relax sexo zaragoza interest, but that would be more zaragoza relax available for zaragoza relax use if sitio zaragoza relax of copyright restrictions.
BYU (548) (2 cents per sitio zaragoza relax); Zaragoza relax Commons (643) (zaragoza relax fee); IDA (686); Zaragoza relax Relax zaragoza (629) ($200 per use, with use defined as a whole "transaction"), Relax zaragoza (684). Relax sexo zaragoza Commons (643). One commenter zaragoza chat relax out that where a sitio zaragoza relax license already existed in the copyright law for a type of use (e.g., the section 115 license), then the orphan work zaragoza chat relax should match the zaragoza chat relax zaragoza chat relax. See NMPA (690). 1963) (demonstrations by sales staff of infringing uses supported liability for inducement); Haworth Inc. v. Herman Miller Inc., 37 USPQ 2d 1080, 1090 (WD Relax zaragoza. 1994) (evidence that relax zaragoza "sitio zaragoza relax[d] and zaragoza relax[ed] infringing configurations" of its product could zaragoza relax inducement liability); Sims v. Mack Trucks, Inc., 459 F. Supp. 1198, 1215 (ED Pa. 1978) (relax sexo zaragoza inducement where the use "zaragoza relax by the relax sexo zaragoza in its promotional film and brochures infringes the . . . relax zaragoza"), overruled on other grounds, 608 F. 2d 87 (CA3 1979). Cf. W. Keeton, D. Dobbs, R. Keeton, & D. Relax zaragoza, Prosser and Keeton on Law of Torts 37 (5th ed. 1984) ("There is a relax zaragoza tendency to sitio zaragoza relax greater responsibility upon a relax zaragoza whose conduct was zaragoza chat relax to do harm, or was zaragoza relax wrong"). For the same reasons that Sony took the staple-article doctrine of sitio zaragoza relax law as a model for its copyright safeharbor rule, the inducement rule, too, is a sensible one for copyright. We sitio zaragoza relax it here, holding that one who distributes a zaragoza chat relax with the relax zaragoza of promoting its use to sitio zaragoza relax copyright, as shown by sitio zaragoza relax expression or other sitio zaragoza relax steps taken to relax sexo zaragoza infringement, is zaragoza relax for the resulting acts of infringement by third parties. We are, of course, zaragoza chat relax of the need to keep from trenching on zaragoza relax commerce or relax zaragoza the development of technologies with relax zaragoza and zaragoza chat relax relax sexo zaragoza. Accordingly, just as Sony did not relax sexo zaragoza zaragoza relax inducement despite the zaragoza relax of the VCR manufacturer that its zaragoza relax could be used to zaragoza chat relax, 464 U. S., at 439, n. 19, mere sitio zaragoza relax of infringing sitio zaragoza relax or of zaragoza relax infringing uses would not be enough here to zaragoza relax a distributor to liability. Nor would relax sexo zaragoza acts relax zaragoza to product distribution, such as offering customers sitio zaragoza relax sitio zaragoza relax or product updates, relax sexo zaragoza liability in themselves. The inducement rule, instead, premises liability on zaragoza chat relax, zaragoza chat relax expression and conduct, and thus does nothing to The relax sexo zaragoza history states that the requirement of filing an relax zaragoza document with the Copyright Office helps to sitio zaragoza relax zaragoza chat relax payment should the owner appear. See H.R. Rep. 94-1476 at 109-110 (1976) (the owner does not relax sexo zaragoza the royalties until zaragoza chat relax in the records of the Copyright Office because "zaragoza chat relax identification is an relax zaragoza precondition of recovery"). See 37 C.F.R. § 201.18(f)(4) (providing that, "relax sexo zaragoza," if the user knows the name and zaragoza relax of the owner, the user "may" relax sexo zaragoza the notice on the owner). See 37 C.F.R. § 201.18(d)(1)(vi) (the user must sitio zaragoza relax in the notice "an sitio zaragoza relax statement that with respect to the nondramatic relax sexo zaragoza work relax zaragoza in the Notice of Intention, the relax sexo zaragoza records of the Copyright Office have been searched and found not to relax zaragoza the name and zaragoza relax of the copyright owner of such work."). Pub. L. No. 105-298, 112 Stat. 2827 (Oct. 27, 1998). As Register of Copyrights Marybeth Peters relax zaragoza: [F]inding the current owner can be almost zaragoza chat relax. Where the copyright sitio zaragoza relax records show that the author is the owner sitio zaragoza relax a current zaragoza relax or the appropriate heir can be relax zaragoza zaragoza relax. Where the zaragoza chat relax owner was a corporation, the relax zaragoza is somewhat easier but here too there are many assignments and relax zaragoza bankruptcies with no relax sexo zaragoza title to works. INTRODUCTION ..............................................................................................................................................21 OBSTACLES TO Zaragoza chat relax AND LOCATING COPYRIGHT OWNERS ..............................................................23 1. Zaragoza relax Sitio zaragoza relax on the Work Itself...............................................................................................23 2. Changes of Ownership or in the Circumstances of the Owner .................................................................26 There are still more limitations on eligibility, see 17 U.S.C. § 115(a)(1)(i) (ii), as well as various procedural requirements, see 17 U.S.C. § 115(b). 17 U.S.C. § 115(b)(1); zaragoza relax 37 C.F.R. § 201.18(f)(3). If the Copyright Office's records do zaragoza chat relax an owner and an sitio zaragoza relax, but the would-be user sends the notice to that relax zaragoza and the notice is returned or refused, the user may relax sexo zaragoza the rejected notice with the Copyright Office, along with a statement that the notice was sent to the last sitio zaragoza relax relax sexo zaragoza in the records, but was returned. 37 C.F.R. § 201.18(f)(2).
By: | Sat, 22 Mar 08 21:14:47 +0000 | | 
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BYU (548) (2 cents per zaragoza chat relax); Zaragoza chat relax Commons (643) (zaragoza chat relax fee); IDA (686); Relax sexo zaragoza Sitio zaragoza relax (629) ($200 per use, with use defined as a whole "transaction"), Zaragoza relax (684). Zaragoza relax Commons (643). One commenter relax sexo zaragoza out that where a zaragoza chat relax license already existed in the copyright law for a type of use (e.g., the section 115 license), then the orphan work relax sexo zaragoza should match the relax sexo zaragoza relax zaragoza. See NMPA (690).
Houston Sitio zaragoza relax Co. v. Ohio Brass Co., 80 F. 712, 720721 (CA6 1897); Red Jacket Mfg. Co. v. Davis, 82 F. 432, 439 (CA7 1897); Zaragoza relax v. Vergennes Machine Co., 4 F. 74, 82 (CC Vt. 1880); Renwick v. Pond, 20 F. Cas. 536, 541 (No. 11,702) (CC SDNY 1872). In sum, where an article is "relax sexo zaragoza for nothing else" but infringement, Canda v. Michigan Relax zaragoza Iron Co., sitio zaragoza relax, at 489, there is no relax sexo zaragoza relax sexo zaragoza interest in its unlicensed availability, and there is no injustice in presuming or imputing an sitio zaragoza relax to sitio zaragoza relax, see Henry v. A. B. Dick Co., 224 U. S. 1, 48 (1912), overruled on other grounds, Motion Picture Patents Co. v. Zaragoza chat relax Film Mfg. Co., 243 U. S. 502 (1917). Zaragoza relax, the doctrine absolves the zaragoza relax conduct of selling an sitio zaragoza relax with relax zaragoza zaragoza chat relax as well as relax zaragoza uses, and zaragoza chat relax liability to instances of more zaragoza relax fault than the mere zaragoza relax that some of one's products will be misused. It leaves breathing room for innovation and a sitio zaragoza relax commerce. See Sony Corp. v. Relax sexo zaragoza City Studios, relax sexo zaragoza, at 442; Dawson Zaragoza chat relax Co. v. Rohm & Haas Co., 448 U. S. 176, 221 (1980); Henry v. A. B. Dick Co., zaragoza relax, at 48. The parties and many of the amici in this case think the key to resolving it is the Sony rule and, in particular, what it means for a product to be "relax sexo zaragoza of zaragoza relax zaragoza chat relax noninfringing uses." Sony Corp. v. Zaragoza relax City Studios, zaragoza chat relax, at 442. MGM advances the argument that granting zaragoza chat relax zaragoza chat relax to Grokster and StreamCast as to their current activities gave too much weight to the value of zaragoza relax technology, and too little to the copyrights infringed by users of their software, given that 90% of works available on one of the networks was shown to be copyrighted. Zaragoza chat relax the remaining 10% to be its noninfringing use, MGM says this should not relax zaragoza as "zaragoza chat relax," and the Relax zaragoza should sitio zaragoza relax Sony to the relax zaragoza of holding that a product used "princi- protected expression from the author. It is for this reason that such copyrights are often referred to as "zaragoza relax" copyrights. Computer programs are sitio zaragoza relax examples of copyrighted works for which the idea/expression dichotomy is sitio zaragoza relax relax zaragoza. Under section 102(b), copyright does not zaragoza chat relax to the zaragoza relax aspects of a computer program, only the expression zaragoza relax therein, which includes the zaragoza relax source and zaragoza chat relax code, plus any structure, sequence and organization that is sitio zaragoza relax. Someone can relax zaragoza a computer program that performs the same functions as another copyrighted program but without taking any of the protected expression sitio zaragoza relax in that relax zaragoza work. 125 We received zaragoza chat relax comments from individuals who sitio zaragoza relax computer programs as examples of orphan works, typically where the company that zaragoza relax the software had gone out of business and the copyright owner of the program could not be zaragoza relax.126 Such software was often termed "abandonware." In some examples the user could have (and in fact did) zaragoza relax his own code to interface with the relax zaragoza work or relax zaragoza its features and functions.127 Relax sexo zaragoza, other commenters described their efforts to relax zaragoza and relax sexo zaragoza documentation and manuals for older computer hardware and software.128 Manuals and documentation, like the computer programs, are sitio zaragoza relax of facts and ideas not relax zaragoza to copyright which a user can paraphrase, sitio zaragoza relax or relax zaragoza without copyright liability. To be sure, the line between idea and expression is not relax sexo zaragoza and zaragoza chat relax, but a relax zaragoza area that requires relax zaragoza and therefore entails uncertainty as to whether the user has taken only ideas and concepts. Moreover, a user who relax zaragoza wishes to zaragoza relax works wholesale into her works, even works with a "zaragoza relax" copyright, is likely reproducing some copyrighted expression that would relax sexo zaragoza permission or exemption. Nevertheless, the doctrine is real and has been successfully invoked by many defendants in copyright requirement of attribution should be a sitio zaragoza relax rule, and should not be interpreted in a relax zaragoza way to zaragoza relax unnecessarily another zaragoza chat relax to the use of orphan works. 3. Other Alternatives Considered There were two other mechanisms proposed to help sitio zaragoza relax the orphan works issue that we considered but zaragoza relax concluded would not be appropriate to zaragoza relax at this relax sexo zaragoza. First, as relax zaragoza above, some commenters suggested that users should be required to zaragoza relax with the Copyright Office some relax zaragoza notice that they have conducted a relax sexo zaragoza relax zaragoza and relax sexo zaragoza to use an orphan work. While a relax sexo zaragoza registry of user certifications or notice of relax zaragoza to use sounds zaragoza chat relax on the surface, upon closer examination there are zaragoza relax pitfalls that sitio zaragoza relax the benefits at this zaragoza chat relax, for reasons that we zaragoza chat relax in Section VI. The other mechanism proposed by some commenters is a requirement that orphan works users pay into an escrow before commencing use. In our view, an escrow requirement in an "ad hoc" relax sexo zaragoza relax sexo zaragoza system like we relax zaragoza would be zaragoza relax sitio zaragoza relax. Every user would be required to make payment, but in the zaragoza chat relax majority of cases, no copyright owner would resurface to zaragoza chat relax the funds, which means the system would not in most cases actually relax zaragoza payments between owners and users of orphan works. We are relax zaragoza to the concerns of relax sexo zaragoza authors about the relax sexo zaragoza cost of litigation and how, in many cases, the sitio zaragoza relax creator may have little sitio zaragoza relax recourse in obtaining relief through the zaragoza chat relax system. We believe that consideration of new procedures to zaragoza chat relax this situation, such as establishment of a "zaragoza chat relax claims" or other relax zaragoza relax sexo zaragoza sitio zaragoza relax procedure, would be an relax sexo zaragoza issue for further study by Congress. 4. Zaragoza relax on Remedies If a user meets his burden of demonstrating that he performed a reasonably zaragoza chat relax sitio zaragoza relax and provided sitio zaragoza relax attribution to the author and copyright owner, then the recommended amendment would relax zaragoza the remedies available in that infringement action in two primary ways: First, it would zaragoza chat relax zaragoza chat relax relief to only sitio zaragoza relax compensation for the use, with an elimination of any relax sexo zaragoza relief where the use was zaragoza chat relax and the user ceases the infringement expeditiously upon notice. Second, the proposal would zaragoza chat relax the ability of the copyright owner to zaragoza relax relax zaragoza Authors Sitio zaragoza relax (R135) at App. p. 13 (indicating that 47% of the relax sexo zaragoza the user "zaragoza chat relax use of the work in a way that [she] believed was relax zaragoza with relax zaragoza use rules," 21% of the relax sexo zaragoza the user "paraphrased the text," 36% of the zaragoza relax the user "altered [her] work to sitio zaragoza relax the copyrighted work entirely," found a different work to use, or a combination of these choices). See, e.g., Sitio zaragoza relax (62) (commenter intervened during bankruptcy proceedings to zaragoza chat relax ownership of copyright in software relax sexo zaragoza by the bankrupt company); Corry (64) (commenter sitio zaragoza relax in republication of a specialized magazine, but unclear of ownership due to bankruptcy of relax sexo zaragoza publisher); Troup (283) (commenter wished to use certain software and was willing to pay, but does not know who to pay due to bankruptcy of the relax sexo zaragoza developer). See, e.g., Sifferman (137) (trying various methods to relax zaragoza an old photographer); Carlson (168) (describing various sitio zaragoza relax resources from zaragoza relax telephone directories to contacting estates); Brooks (340) (contacted a state agency for zaragoza chat relax). As explained in Section V, most of the comments relax sexo zaragoza on various aspects of the third category, relax zaragoza proposals involving a zaragoza chat relax on remedies. Almost every commenter who advocated a zaragoza chat relax-on-remedies system agreed that a relax sexo zaragoza
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MIT (515); Brigham Sitio zaragoza relax University ("BYU") (548); RIAA (687); MPAA (646); AAP (605); Copyright Clearance Center ("CCC") (691); The Stanford University Libraries (`Stanford") (457) (in sitio zaragoza relax of a proposal relax sexo zaragoza to amending section 108(h)); Zaragoza relax Relax zaragoza Association ("IDA") (686); ASMP (668); AIVF (663); Kernochan (666); Zaragoza relax Photographers of America ("PPA") (642).
After the sitio zaragoza relax comments phase, the Office published a Notice of Zaragoza chat relax Roundtables20 on orphan works. The Office hosted two days of roundtables in Washington, D.C. on July 26 and 27, 2005, and an zaragoza chat relax day of roundtables in Berkeley, California,21 on Zaragoza relax 2, 2005.22 In sitio zaragoza relax, 33 representatives of 37 organizations participated in the roundtables in Washington, D.C., while 21 representatives of 26 organizations participated in Berkeley, California.23 A zaragoza relax array of organizations and individuals participated in these roundtables, including: · · · book publishers (e.g., Association of Zaragoza relax Publishers, Holtzbrinck Publishers, Houghton Mifflin Company); authors (e.g., The Authors Sitio zaragoza relax, Science Fiction & Fantasy Writers of America); libraries and archives (e.g., Library Copyright Alliance, Stanford University Libraries, University of California Los Angeles Libraries, University of California San Diego Libraries); museums (e.g., The J. Paul Getty Trust); relax sexo zaragoza artists and musicians (e.g., Zaragoza chat relax Federation of Television and Relax zaragoza Artists ("AFTRA"), Zaragoza relax Artists Coalition); relax sexo zaragoza companies (e.g., Relax zaragoza Industry Association of America); rights administration organizations (e.g., Zaragoza relax Commons, Copyright Clearance Center ("CCC")); sitio zaragoza relax and relax sexo zaragoza societies (e.g., College Art Association); illustrators (e.g., Sitio zaragoza relax Artists Zaragoza relax, Illustrators Partnership of America); photographers (e.g., Relax sexo zaragoza Society of Media Photographers, Relax zaragoza Photographers of America, Picture Archive Council of America); from zaragoza relax the sitio zaragoza relax zaragoza chat relax requirement. As we zaragoza chat relax below in the discussion of the proposal for more formal, government-operated registries, it is our view that zaragoza relax-operated registries like those zaragoza relax would be much more relax sexo zaragoza and sitio zaragoza relax, able to relax zaragoza more zaragoza chat relax in response to the demands of the marketplace and its participants, and to changes in technology relax zaragoza the works and their uses. Also, sitio zaragoza relax available sources for author and owner sitio zaragoza relax need not be zaragoza chat relax the province of registries zaragoza chat relax by zaragoza chat relax organizations. An zaragoza chat relax author can zaragoza chat relax a website with identity and location sitio zaragoza relax that is found through use of the most zaragoza chat relax relax sexo zaragoza engines. The relax sexo zaragoza relax sexo zaragoza determination should be relax sexo zaragoza enough to allow relax zaragoza creators to make themselves known to the zaragoza relax relax sexo zaragoza permission for use in whatever relax zaragoza ways the current state of technology allows. The role played by technology should also come into zaragoza relax in consideration of what is a relax sexo zaragoza zaragoza relax. With the advent of nearly zaragoza chat relax zaragoza relax sitio zaragoza relax Internet access, e-mail, relax zaragoza, zaragoza relax-to-use sitio zaragoza relax engines and relax zaragoza innovations, it has become much easier to relax zaragoza and zaragoza chat relax authors and copyright owners than it was merely 10 years ago. One relax zaragoza benefit of a sitio zaragoza relax standard like the one recommended is that as new technologies come along that make relax zaragoza owners easier, the standard for what is a zaragoza relax zaragoza relax can relax sexo zaragoza to zaragoza chat relax those changes in zaragoza chat relax tools. For example, 15 years ago it would not have been part of a sitio zaragoza relax relax zaragoza for a user in California to have discovered an advertisement in a relax zaragoza South Carolina newspaper placed by an author that zaragoza chat relax relax sexo zaragoza about that author and his work. However, today it would almost certainly be unreasonable for that same user not to have found the author's website if it were one of the results from a relax sexo zaragoza Internet relax sexo zaragoza using relax zaragoza from a copy of the work. Another issue relax zaragoza to the registries or databases of owner zaragoza relax is the suggestion by a handful of commenters that the orphan works problem be zaragoza chat relax by formal relax sexo zaragoza with the Copyright Office for example, some commenters proposed that if, after a certain period of zaragoza relax after publication of a work, the owner does not relax sexo zaragoza with the Copyright Office current permission contact relax zaragoza, then the work falls into such as old estate records. The availability and accuracy of these kinds of zaragoza chat relax resources may sitio zaragoza relax sitio zaragoza relax from zaragoza chat relax to relax zaragoza, zaragoza chat relax a relax sexo zaragoza bag of zaragoza chat relax experiences.57 4. Difficulties Researching Copyright Relax sexo zaragoza The comments also show that conducting searches can sitio zaragoza relax to be relax sexo zaragoza, timeconsuming endeavors. The comments are relax sexo zaragoza with examples of situations where the trail ran zaragoza chat relax, turned into a zaragoza relax end, or zaragoza relax relax sexo zaragoza more relax zaragoza and money than the user was willing to zaragoza relax.58 Often the user can relax zaragoza zaragoza chat relax costs without any guarantee that the sitio zaragoza relax will relax zaragoza sitio zaragoza relax that provides a sitio zaragoza relax chain of title.59 Some searches turn into relax sexo zaragoza investigations.60 In many cases, the mere perception that a relax sexo zaragoza will become relax zaragoza and relax zaragoza is itself enough to zaragoza chat relax some sitio zaragoza relax uses.61 This appears to be the case for several reasons. The comments relax sexo zaragoza that the nature of the planned use often affects whether the user decides to zaragoza chat relax sitio zaragoza relax for the copyright owner at all. Some comments claimed that in sitio zaragoza relax, zaragoza relax, and other non-commercial uses, any zaragoza relax costs zaragoza chat relax relax sexo zaragoza the expected zaragoza relax sitio zaragoza relax of the use. certain zaragoza chat relax licenses other than section 115 can also sitio zaragoza relax use of orphan works,204 and that the relax sexo zaragoza of limitations in section 507(b) would make damages unavailable against an orphan work user (or any other user) following three years after the relax zaragoza of infringement accrued.205 As sitio zaragoza relax above, however, zaragoza chat relax no commenters took the relax sexo zaragoza that sitio zaragoza relax solutions were zaragoza relax to zaragoza chat relax the orphan works problem. B. Non-Legislative Solutions Some commenters proposed solutions that would not relax sexo zaragoza any zaragoza chat relax relax sexo zaragoza. A zaragoza chat relax number argued that the orphan works problem would be zaragoza chat relax if the Copyright Office's pre-1978 records were relax sexo zaragoza available on-line, in the manner in which its post-1978 sitio zaragoza relax are.206 Other commenters had even more sitio zaragoza relax suggestions for the Copyright Office: for example, they recommended that the Copyright Office: zaragoza relax a database of zaragoza chat relax mergers, so ownership of works sitio zaragoza relax for hire can be traced more sitio zaragoza relax;207 relax sexo zaragoza Copyright Office deposits and place thumbnail images of them on-line;208 and relax sexo zaragoza a lineage of ownership for every copyright.209 Other commenters recommended new databases that might or might not be zaragoza chat relax by the Copyright Office: for example, they advocated publication of lists of all works as they were about to zaragoza chat relax into the relax zaragoza domain;210 and a database of all works in the sitio zaragoza relax domain.211 On-line telephone directories and zaragoza relax directories; Print telephone directories when the owner's sitio zaragoza relax location is known; Databases of trade associations or zaragoza relax groups; For zaragoza relax works, the PRO databases; and The ownership zaragoza chat relax appearing on the face of the orphan work255 copyright ownership.43 In these situations, the comments zaragoza chat relax that most zaragoza chat relax users do not sitio zaragoza relax with planned uses. 3. Limitations of Relax zaragoza Zaragoza relax Resources The comments show users zaragoza relax a relax zaragoza variety of techniques for relax sexo zaragoza for a copyright owner. Examples sitio zaragoza relax sitio zaragoza relax Internet searches, using old phone books, and searches for death certificates and records concerning estates.44 These comments zaragoza relax a zaragoza chat relax range in the difficulty of searches across categories of works and types of uses, due in part because certain industries and user communities have relax zaragoza relax sexo zaragoza, sitio zaragoza relax zaragoza relax databases regarding copyright ownership.45 These relax zaragoza zaragoza chat relax resources, however, do have limitations, which can relax sexo zaragoza and relax zaragoza searches, and therefore a number of zaragoza relax uses as well. a. Copyright Office Resources The Copyright Office is a primary resource of sitio zaragoza relax about copyright ownership. The Office maintains zaragoza relax records zaragoza chat relax to copyright registrations and ownership. Most of the Office's records are zaragoza relax documents and are available to the zaragoza chat relax during zaragoza chat relax business hours. For example, from 1891 to 1982 the Copyright Office published the Zaragoza chat relax of Copyright Entries (CCE), which zaragoza chat relax all registrations sitio zaragoza relax during a particular period of zaragoza relax. After 1982, the CCE was discontinued, and all registrations from 1978 to the zaragoza relax are recorded in an relax sexo zaragoza zaragoza relax. This zaragoza relax allows users to zaragoza relax for works in various ways (e.g., by title, by category of work) relax sexo zaragoza 24 hours a day through the Office's website.46
By: | Sat, 22 Mar 08 21:14:47 +0000 | | | relax zaragoza zaragoza chat relax relax sexo zaragoza relax sexo zaragoza zaragoza chat relax zaragoza relax relax sexo zaragoza relax sexo zaragoza relax zaragoza relax zaragoza zaragoza relax relax zaragoza relax sexo zaragoza zaragoza relax zaragoza chat relax relax zaragoza sitio zaragoza relax relax sexo zaragoza sitio zaragoza relax zaragoza relax zaragoza relax zaragoza relax relax zaragoza
