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Supreme Court Issues 'Sweeping And Definitive' Ruling Against Aereo In Huge Copyright Case
Business Insider ^ | 06/25/2014 | STEVE KOVACH AND ERIN FUCHS

Posted on 06/25/2014 7:21:23 AM PDT by SeekAndFind

The Supreme Court ruling on Aereo is out, and the court has ruled against the upstart company and in favor of TV broadcasters. In a 6-3 decision, the Supreme Court reversed a lower court decision that had ruled in favor of Aero, a service that lets you stream live network TV.

The court found that Aereo's service violated the copyrights of live network TV stations.

"This ruling appears sweeping and definitive, determining that Aereo is illegal," the lawyer Tom Goldstein wrote on SCOTUSBlog.

The case will have lasting implications for the way content is delivered online.

Aereo's technology uses special HD antennas that are about the size of a thumbnail to pull in broadcast TV from the airwaves. The signal is then transferred over the internet to your device.

Copyright law generally allows you to seek permission before broadcasting a public performance. In arguing that its service was legal, Aereo said the TV broadcasts counted as private performances because they were broadcast through individual antennas into people's homes.

(Excerpt) Read more at businessinsider.com ...


TOPICS: Business/Economy; Society
KEYWORDS: aereo; aero; broadcasttv; copyright; lawsuit; newmedia; onlinecontent; ruling; scotus; supremecourt

1 posted on 06/25/2014 7:21:23 AM PDT by SeekAndFind
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To: SeekAndFind

Yeah! The court is getting them right this term. Now as long as they rule for Holly Lobby, I will be very impressed with the Supremes in 2014.


2 posted on 06/25/2014 7:40:47 AM PDT by napscoordinator (Governor Scott Walker 2016 for the future of the country!)
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To: SeekAndFind

Someone needs to help me out with this one. If I put one of their antennae on my television, then could I watch the programming that that antenna picked up? I would guess that I could. So, then what if I had a wifi device that took that signal from the TV and sent it to all my other devices in my house. Did the Supreme Court just rule that such an arrangement would violate copyright laws?


3 posted on 06/25/2014 7:42:34 AM PDT by centurion316
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To: napscoordinator

this is a ridiculous ruling..


4 posted on 06/25/2014 7:42:50 AM PDT by tophat9000 (An Eye for an Eye, a Word for a Word...nothing more)
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To: SeekAndFind
Aereo's technology uses special HD antennas that are about the size of a thumbnail to pull in broadcast TV from the airwaves. The signal is then transferred over the internet to your device.

OK, I get how rebroadcasting without paying for the original material is a violation and harmful to the broadcaster (assuming changes are made or advertising added), but if the broadcast signal is simply being captured and repeated via the Internet (inclusive of commercials), I'm trying to identify any damage to the broadcaster.

5 posted on 06/25/2014 7:44:10 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: centurion316

yes it’s means anytime you pick up a signal and change to a different medium to tranport... the ruling it is a copyright violation.

I was part of the MAI Basic 4- Prime copyright case back in the 80’s.... look it up ....the court ruled that when you load a program from your hard drive into memory on your computer that was a copyright violation...


6 posted on 06/25/2014 7:48:10 AM PDT by tophat9000 (An Eye for an Eye, a Word for a Word...nothing more)
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To: tophat9000

So if I want to back up my favorite DVDs and make a copy on my computer, I’m violating copyright? Even though the only user of the material is me, the original purchaser?


7 posted on 06/25/2014 7:54:12 AM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: SeekAndFind

So if I have an outdoor antenna and an amplified distribution system in my house, that would be a copyright violation?


8 posted on 06/25/2014 7:55:19 AM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
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To: SampleMan

Suppose you buy some commercial time on your local TV station, and you pay pretty good chunk of change, since you go after a certain demographic.. and all of your shops are in a 50-75 mile area.. plus, your commercials are all in prime time. Joe Six pack half way across the county hooked up to Aereo is not ripping you off as much as Aereo is they are stealing the program your sponsoring! Theft of Service.


9 posted on 06/25/2014 7:57:33 AM PDT by A. Morgan (Ayn Rand: "You can avoid reality, but you cannot avoid the consequences of avoiding reality.")
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To: SeekAndFind

Damn. The monopolies win again.


10 posted on 06/25/2014 7:59:21 AM PDT by Solson (The Voters stole the election! And the establishment wants it back.)
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To: tophat9000

Thanks, but that seems to imply that taping a program on an old VCR tape is also a violation. I thought that was settled long ago in favor of private use.


11 posted on 06/25/2014 8:03:46 AM PDT by centurion316
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Comment #12 Removed by Moderator

To: A. Morgan
bad logic..i did not block your broadcast market..I expand the area the it was seen.

how is this different then a vcr ?

A vcr shifts the viewing of your ad in time..this shifted the viewing of your ad in location....what would have more impact on your??.

Time shifting of viewing (vcr) vs location adding of viewing (this product)

I shift your local customer seeing you ad in time and they miss that time window to do business with you.. they can not call back in time and order...you lose a local sale.

I add a physical location seeing your ad outside of your market i did nothing to stop viewing in you intended place and time..I only added viewers..and the only impact to you is you might gain an extra customer calling on you from outside your market.

13 posted on 06/25/2014 8:45:20 AM PDT by tophat9000 (An Eye for an Eye, a Word for a Word...nothing more)
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To: SeekAndFind; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

14 posted on 06/25/2014 8:53:55 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: centurion316
That the thing.. this is a crazy ruling..It would open up challenges to a lot of things once considered settled.

lets take one thing for example..slingbox.. is you having and using a slingbox now illegal?

15 posted on 06/25/2014 9:01:56 AM PDT by tophat9000 (An Eye for an Eye, a Word for a Word...nothing more)
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To: tophat9000
I think the Slingbox will stay legal because it's one-to-one retransmission of TV broadcasts--only one user can usually access a Slingbox unit.
16 posted on 06/25/2014 9:11:17 AM PDT by RayChuang88 (FairTax: America's economic cure)
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To: tophat9000

They tried this with VCR’s and eventually lost. Now they block you from recording in hi def as they require manufacturers to remove the hdmi out from recorders. You get 480 instead. There are ways around this but it was made difficult so the content providers can have control and limit your choice of device.

You have ISP companies like Comcast restricting the amount of data because they know you will cut the cord and just use internet to view tv shows. They are charging more and more money for just internet when the price should be going down.

Example is cellphone tethering (view on bigger computer screen). You can have unlimited data on the phone but the cellphone companies with either not allow tethering or restrict you. I have T-Mobile and their $30 plan. If I tether they will pop up a screen saying pay them more....

I use PDAnet to hide the tethering.


17 posted on 06/25/2014 9:13:40 AM PDT by minnesota_bound
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To: A. Morgan
Again sticking with the rebroadcast presumption, its hard to make a case for monetary damages deriving from increasing the size of a broadcast audience, no matter its location.

Now if I'm in Chicago watching local Jacksonville TV, the Chicago broadcaster might suffer from a decreased audience and therefore, the mother network might be able to get less from their Chicago affiliate, but that would be offset by the increase in viewing for Jacksonville. So the network is cost neutral.

Also, if I am watching local Jacksonville programming while in Chicago, it would likely be based on a tie I have to Jacksonville (maybe I'm a business traveler), so I really would be the target audience for that broadcast.

Is it a copy-write infringement to read a book to a room full of kids? What if I do it over Skype?

Again, it seems that the issue would not be copy-write, but rather monetary damages, which would apply from collecting fees, selling additional advertising, or deleting existing advertising.

18 posted on 06/25/2014 9:14:03 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: centurion316
Someone needs to help me out with this one. If I put one of their antennae on my television, then could I watch the programming that that antenna picked up? I would guess that I could. So, then what if I had a wifi device that took that signal from the TV and sent it to all my other devices in my house.

That's not the way Areeo works (er, worked). In their business model you "buy" an antenna that's hosted in some warehouse they own, and the signal received on that antenna is stored and available to you over the internet. It's essentially a way to pick up non-local programming through what Aereo thought was a loophole in the copyright laws.

19 posted on 06/25/2014 9:14:45 AM PDT by kevkrom (I'm not an unreasonable man... well, actually, I am. But hear me out anyway.)
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To: Solson
Damn. The monopolies win again.

This seems to be par-for-course these days.

20 posted on 06/25/2014 9:45:47 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: tophat9000

Good look in the mirror for bad logic. With your logic why should cable companies pay to carry over the air content.. it’s free... and the cable company sells it to its subscribers. IMHO, your arguments are filled with fallacies.


21 posted on 06/25/2014 10:08:31 AM PDT by A. Morgan (Ayn Rand: "You can avoid reality, but you cannot avoid the consequences of avoiding reality.")
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To: SampleMan

“Again sticking with the rebroadcast presumption, its hard to make a case for monetary damages deriving from increasing the size of a broadcast audience, no matter its location.”

The problem for the nets isn’t increasing the size of the broadcast audience — the problem is Aereo is charging that bigger audience for the signal. And the networks are barred by law from doing the same thing.

The premise is the American people own the broadcast airwaves. And you need a license from the People to broadcast over their bandwidth. Broadcasters get exclusive use of a place on the bandwidth — but they can never, ever, EVER charge the American people to access that signal. If they try to charge for it, the FCC will yank their license.

What the nets are sore about is that Aereo is making money doing what they’re not allowed to do: charge for “over the airwaves” broadcasting.

Their “damages” are not getting a cut of the money Aereo is making. Their logic: if we can’t charge for sending something out over the airwaves, then nobody can.


22 posted on 06/25/2014 10:57:23 AM PDT by Blue Ink
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To: tophat9000

This is a dumb decision by a court too old to have to bear the burden of their own decision.


23 posted on 06/25/2014 10:59:33 AM PDT by 1010RD (First, Do No Harm)
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To: Blue Ink

Good example.


24 posted on 06/25/2014 11:02:22 AM PDT by 1010RD (First, Do No Harm)
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To: Blue Ink
Their “damages” are not getting a cut of the money Aereo is making.

Concur, as I stated, but that is a matter of business practice, not the procedure of resending the signal.

But then there is the NFL, that does require you to pay them a fee for a broadcast game, if you allow more than a certain number of people to view it in one venue (doesn't matter if you charge or not).

25 posted on 06/25/2014 11:14:21 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: Blue Ink
The problem for the nets isn’t increasing the size of the broadcast audience — the problem is Aereo is charging that bigger audience for the signal. And the networks are barred by law from doing the same thing.

The networks do charge for access to programming when they put it on the Internet, they just don't have to capture it from a broadcast.

26 posted on 06/25/2014 11:17:53 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: A. Morgan
You might want to look at the history of cable tv..(it started as a common antenna service in bad/ no reception areas..and the cable company payed no fee for the OTA broadcast they pulled in).

Then when cable companies started in a good OTA coverage area..the cable company were required (must carry) to include the OTA in the area on the cable..but then still no charge to the cable company by the OTA

Its only with "retransmission consent" in the 1992 CATV Consumer Protection and Competition Act, that and OTA broadcaster could charge a cable company and so therefor block it by charging more then the cable company was willing to pay..

But oddely if the OTA did not charge the cable company then the cable must carry the OTA....odd... and the cable companies and consumers have been fight that for years paying for "free" OTA broadcast

But this is still individual broadcaster..if your an OTA broadcaster in the area, cable must carry you unless the OTA wants to charge for it..

So and OTA can not put a cable company out of business..

It can only ask for a fee for a cable company to carry.. so if the cable if it does not carry because the ota wants a fee..>p>Then the Cable and OTA are in competition for your viewing and business...

One cannot go into court and put the other out of business. .

So what happen to day is the equal of an OTA broadcaster making cable tv illegal technology in the US ..

vs

you just have to put in a notch filter to filter out my broadcast if i request it

27 posted on 06/25/2014 12:17:09 PM PDT by tophat9000 (An Eye for an Eye, a Word for a Word...nothing more)
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To: SampleMan

Of course the networks charge consumers for cable/internet/satellite dish access. They license their programming to outside providers, or they themselves get into the (other than airwaves broadcast) transmission business, for which they charge a fee.

But that’s not my point. My point is the networks are not allowed to charge the American people for their BROADCAST signal. Aereo was charging for that, and that’s why the nets went to court.


28 posted on 06/25/2014 12:27:52 PM PDT by Blue Ink
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To: A. Morgan

You also see the irony of posting on this copyright thread from a Business Insider story reposted on Free Republic?... See LA Time vs Free Republic...


29 posted on 06/25/2014 12:33:18 PM PDT by tophat9000 (An Eye for an Eye, a Word for a Word...nothing more)
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To: Blue Ink

How does AEREO charging for the use of their antenna hardware and software (in order to capture the broadcast on a computer), differ from renting an antenna and digital TV from a company?


30 posted on 06/25/2014 1:00:57 PM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: SampleMan

Because the Aereo antenna actually capturing the broadcast isn’t at your house — it’s at an Aereo data center.

And the flip side of American broadcast airwaves licensing (must be free to the public) is that no third party can charge to show the content of that broadcast either.

So the nets argued that Aereo was rebroadcasting the fruits of their free signal and charging for it.

You know how sports bars can’t (legally) charge people an entrance fee and show the big game on CBS? It’s because they’re charging a fee for what is by federal regulation supposed to be a free broadcast.

The nets convinced the Supremes that Aereo is doing the same thing as a sports bar.


31 posted on 06/25/2014 5:32:24 PM PDT by Blue Ink
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To: SeekAndFind

Where is the “broad” in broadcast?


32 posted on 06/25/2014 6:39:35 PM PDT by NonValueAdded ("The Arab Spring is over. Welcome to the Jihadi Spring." Jonah Goldberg)
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To: NonValueAdded

Nevermind, I see it now ... it isn’t your antenna in your house, it is broad or multicast retransmission. OK


33 posted on 06/25/2014 6:44:42 PM PDT by NonValueAdded ("The Arab Spring is over. Welcome to the Jihadi Spring." Jonah Goldberg)
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To: Blue Ink

The Court manages to reach the opposite conclusion only by disregarding widely accepted rules for service-provider liability and adopting in their place an improvised standard (”looks-like-cable-TV) that will sow confusion for years to come. - Scalia.

He nails it. I wouldn’t, as a matter of course, want to be on the winning side with Breyer or Ginsburg. Did you see Roberts over there in the majority?

What Roberts and Kennedy stand for is the status quo elites.


34 posted on 06/25/2014 6:53:55 PM PDT by 1010RD (First, Do No Harm)
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To: 1010RD
What Roberts and Kennedy stand for is the status quo elites.

The elitist who nominated Roberts must have known what he was getting. It's a good thing the rank and file stood up to the Harriet Miers near disaster.

35 posted on 06/25/2014 7:08:55 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: Blue Ink

The idea that broadcasts are “free” to watch once they hit the airwaves is not exactly hard law. Look at all of the restrictions placed on NFL games. And the issue is not charging to watch them, but rather just showing them.

If I get too many friends together to watch an NFL game on a screen larger than 55”, all of a sudden its a copyright infringement.


36 posted on 06/26/2014 1:47:51 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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bump


37 posted on 06/26/2014 5:13:14 AM PDT by foreverfree
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To: SampleMan
Again, it seems that the issue would not be copy-write, but rather monetary damages, which would apply from collecting fees, selling additional advertising, or deleting existing advertising.

There have been attempts by Big Media to prohibit leaping past commercials on DVR devices.

Hell, they helped "kill" the new "vcr". I had once upon a time a DVR device with a built in tv schedule (free over air from TV Guide) and a DVD-R recorder (with great editing capabilities).

Panasonic took them off the market (at least in the US) and offers NO repair support for them.

Now you can either get a DVR device or a DVD recorder, but not in the same box.

Hollywood HATED losing the Sony Betamax decision.

38 posted on 06/26/2014 10:34:37 AM PDT by a fool in paradise (The new witchhunt: "Do you NOW, . . . or have you EVER , . . supported traditional marriage?")
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To: SampleMan

“The idea that broadcasts are “free” to watch once they hit the airwaves is not exactly hard law.”

Yes, it is. It’s a hard and fast rule the FCC has never wavered on, even with the rise of cable and dish services that allowed others to charge for a signal, which had the networks tearing their hair out. “We want to charge for our broadcasts, too!”

Well, you can’t, networks. The FCC has never wavered on this: the networks are renters, who hold scarce and valuable broadcast licenses, at the pleasure of the American people. And the terms of the lease state that the networks can’t charge a fee to anyone who picks up their signal with an antenna and watches their programming.

In exchange for a monopoly on a frequency and the freedom to sell ads, the courts enforce prohibitions against exhibitors charging a fee to broadcast a network signal — hence the war on sports bars charging to show NFL games. The signal itself must remain “free.”

Aereo was charging a fee to capture and rebroadcast the signal. All of this was couched in “copyright violation” language, but that’s what happened.


39 posted on 06/26/2014 11:21:10 AM PDT by Blue Ink
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To: Blue Ink
In exchange for a monopoly on a frequency and the freedom to sell ads, the courts enforce prohibitions against exhibitors charging a fee to broadcast a network signal — hence the war on sports bars charging to show NFL games. The signal itself must remain “free.”

It matters not to the NFL whether you charge or not. If your screen is too big you can't allow other people to watch it, and you can't have more than a few people watching a small screen.

I'm not saying you are wrong about the broadcast rules in general, I'm just pointing out that the NFL has a special drug deal going on.

40 posted on 06/26/2014 11:29:13 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: SampleMan

I see your point re the NFL special deal. They work hand-in-glove with the networks, who can only get this nonsense enforced because they’re pushing past the terms of their broadcast license when they go after people having a big-screen viewing party in their home.

Networks/NFL: “Yeah, the signal is free... but you’re enjoying it TOO much! So you should be paying us!”

What kind of argument is that? Surprised the courts have bought into it... but I work in television, and this industry (along with movies) has some of the most effective, gun-slinging killer lobbyists at work on its behalf in all of D.C. Generally they get whatever legislation and regulation they want. Nobody lobbies for the people.

I’m surprised the FCC and Congress have managed to hold the line so long on keeping the broadcast airwaves free.


41 posted on 06/26/2014 11:44:06 AM PDT by Blue Ink
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To: Blue Ink

If 25 people stay home and watch on their respective TVs that’s OK? But if they meet at one place with no admission charge and have a party that’s not?


42 posted on 06/26/2014 11:46:12 AM PDT by morphing libertarian ( On to impeachment and removal (IRS, Taliban, Fast and furious, VA, Benghazi)!!!)
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To: morphing libertarian

The rules are in US Code Title 17, Chapter 1, Section 110. Easily Google-able. This section is called “Limitations on exclusive rights: exemption of certain performances and displays.”

“(A) except as provided in subparagraph (B), communication of a transmission embodying a performance or display of a work by the public reception of the transmission on a single receiving apparatus of a kind commonly used in private homes, unless—
(i) a direct charge is made to see or hear the transmission; or
(ii) the transmission thus received is further transmitted to the public;”

I’m not a lawyer! But I think what the code means is that it’s okay to have people over to a “private home” to watch the game on a big-screen, as long as you’re not charging them.

What do you think?


43 posted on 06/26/2014 1:20:46 PM PDT by Blue Ink
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To: Blue Ink

Just don’t want ppv swat team knocking during boxing


44 posted on 06/26/2014 1:33:49 PM PDT by morphing libertarian ( On to impeachment and removal (IRS, Taliban, Fast and furious, VA, Benghazi)!!!)
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To: morphing libertarian

Maybe park your dog at the neighbor’s till the match is over...


45 posted on 06/26/2014 1:45:30 PM PDT by Blue Ink
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To: Blue Ink

taking out a life policy on fido


46 posted on 06/26/2014 3:40:05 PM PDT by morphing libertarian ( On to impeachment and removal (IRS, Taliban, Fast and furious, VA, Benghazi)!!!)
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