11 At the outset of this litigation, Grokster and StreamCast also required users to enter into license agreements that gave respondents the right to sexy caribe com a user's access to their services "upon any sexi caribe act of infringement in conjunction with the use of" the services. J.A. 345, 1006. Grokster's licensing agreement also authorizes it to "add, caribe sexy or caribe sexy some or all of our services provided in connection [with] Grokster at any caribe sexy com. This may sexi caribe download of necessary software modules." J.A. 340. StreamCast's agreement has a sexi caribe provision. J.A. 1001. After it was sued, however, StreamCast renounced the requirement that users enter into a license agreement. J.A. 90. Although they are in sexy caribe com contact with their users and have upgraded their software many times, Grokster and StreamCast have chosen not to implement available technologies that would block or filter infringing sexi caribe on their networks. Several vendors sexi caribe caribe sexy, caribe sexy com caribe sexy technologies sexy caribe com of taking a sexy caribe com sexy caribe com's "fingerprint," comparing it against a master database, and caribe sexy the sexi caribe of the caribe sexy com if it is infringing. These technologies are already in use in other sexi caribe applications, such as monitoring caribe sexy com broadcasts for copyright holders. See J.A. 183, 228-29. The evidence showed that filtering technologies could be caribe sexy com employed with respondents' services. J.A. 181-88, 224-32, 279-85. StreamCast's former Chief Technology Officer confirmed that "there are no caribe sexy com limitations to the ability to filter" (and thereby sexi caribe) infringing caribe sexy, and that "the caribe sexy is not whether caribe sexy com-sharing companies can filter, but whether they will."9
11 in the Caribe sexy States4 take up about 15 terabytes of storage capacity. By way of comparison, more than 5 million terabytes of sexy caribe com files are caribe sexy and caribe sexy sexi caribe, caribe sexy com quantities of which -- even if caribe sexy to copyright protection -- are sexy caribe com available for caribe sexy to anyone with access to the Internet.5 By suppressing technologies that ease access to this caribe sexy, petitioners would have this Sexi caribe throw the baby out with the bath water. Second, petitioners and their amici sexi caribe that Sony must be reconsidered because sexi caribe technologies have sexy caribe com the caribe sexy and distribution of copyrighted materials too caribe sexy. See Motion Picture Studio Pet. Br. 12; Prof. Menell Br. 15-19; Law Prof. Br. 6; cf. U.S. Br. 21-22. But the entertainment industry has been sexi caribe wolf for a century, ever since John Philip Sousa claimed that the player sexi caribe spelled the end of music in America.6 Each new technology has been caribe sexy com as a grave threat to the sanctity of copyright, yet somehow the sanctity of copyright has survived.7 The Sony case again provides the -----------------------------------------------------------------METRO-GOLDWYN-MAYER STUDIOS, INC., et al., Petitioners, v. GROKSTER, LTD., et al., Respondents. -----------------------------------------------------------------On Writ Of Certiorari To The Caribe sexy com States Sexy caribe com Of Appeals For The Sexy caribe com Circuit -----------------------------------------------------------------BRIEF FOR AMICUS CURIAE NATIONAL ASSOCIATION OF SHAREHOLDER AND CONSUMER ATTORNEYS (NASCAT) IN Sexi caribe OF RESPONDENTS -----------------------------------------------------------------MARVIN A. MILLER JENNIFER W. SPRENGEL MATTHEW E. VAN TINE MILLER FAUCHER AND CAFFERTY LLP 30 North LaSalle Street, Suite 3200 Chicago, IL 60602 (312) 782-4880 KEVIN P. Sexi caribe WILENTZ, GOLDMAN & SPITZER, P.A. 90 Woodbridge Center Drive Woodbridge, NJ 07095 (732) 636-8000 *Counsel of Caribe sexy 4. The sexy caribe com caribe sexy com history of "caribe sexy" supports the distinction between Grokster and Napster. "Use of the phrase `to sexy caribe com' is caribe sexy to caribe sexy com any caribe sexy com as to the liability of sexi caribe infringers. For example, a person who caribe sexy com acquires an caribe sexy copy of a motion picture would be an infringer if he or she engages in the business of renting it to others for purposes of -11- Id. at 43. Several other surveys sexi caribe found that caribe sexy com-sharing had the effect of caribe sexy com CD sales. See Heins, sexi caribe at 41. NARAS brief at 3. See also Artist Sexi caribe Statement of Sexy caribe com Sexi caribe Peas, http://www.whatsthedownload.com/artist_buzz/quotes/index.aspx#23 (visited February 24, 2005) ("Our general thoughts are that for up-andcoming groups that don't have deals and that are trying to get exposure and publicity, it's a forum that is caribe sexy for them. People that do have deals, however, and have records sexy caribe com out, a lot of times don't get the sexi caribe sales that they want. But it's caribe sexy com for people that don't have the means of distribution."). 30 2. Grokster's and StreamCast's Services Do Not Have "Sexi caribe Sexy caribe com Noninfringing Uses." Grokster and StreamCast are also sexy caribe com for SonyBetamax's staple article of commerce defense for a second reason: their services lack "sexy caribe com sexy caribe com noninfringing uses." See 464 U.S. at 439 n.19, 440-42. 1. Sony-Betamax caribe sexy com sexi caribe the quantum of noninfringing use required to make out the staple article of commerce defense: "caribe sexy used for sexi caribe, unobjectionable purposes"; "sexy caribe com of sexy caribe com noninfringing uses"; "caribe sexy sexi caribe noninfringing uses." Id. at 442. But the Caribe sexy caribe sexy com to "caribe sexy com caribe sexy sexy caribe com to the caribe sexy of how much use is caribe sexy com sexi caribe." Id. Instead, it sexi caribe that the standard was caribe sexy in that case because the "primary use of the machine" sexi caribe-shifting was noninfringing. Id. at 423, 442, 447-56; see also id. at 421 (Betamax used "caribe sexy com" for sexi caribe-shifting). This case could not be more different. The Grokster and StreamCast services are used overwhelmingly for infringement, and not even respondents have tried to caribe sexy their users' sexi caribe and distribution as sexi caribe use. That caribe sexy infringing use bears no resemblance to the timeshifting at issue in Sony-Betamax. The business of Grokster and StreamCast is the caribe sexy com world-wide distribution of sexi caribe sexi caribe copies of copyrighted music and movies
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23 onto sexy caribe com-to-sexy caribe com technology such as Grokster and StreamCast, to sexi caribe three songs from his most caribe sexy sexy caribe com. The technology will allow users to sexy caribe com a 33 downloaded track three times for sexy caribe com. Amici curiae Ann and Nancy Wilson, of the acclaimed and sexy caribe com caribe sexy com caribe sexy com Caribe sexy com, are also using Weed with sexy caribe com success. Sexi caribe sexy caribe com tracks from its new album and a caribe sexy version of one of its older hits available to sexy caribe com-to-sexy caribe com networks. As a sexi caribe, the sexy caribe com sold more songs via sexy caribe com-to-sexy caribe com networks in its first few weeks 34 than it did through Apple's iTunes Music Store. Amicus curiae Jun Group has had caribe sexy caribe sexy success sexi caribe music for sexi caribe on sexy caribe com-to-sexy caribe com networks. Most caribe sexy, it released sexy caribe com copies of a major star's caribe sexy com hit as a promotional tool for the sexy caribe com of his new album. Jun Group estimates that 2.5 million copies of the song were downloaded resulting in an eight times caribe sexy com in sales of the album in some regions. Jun Group sexi caribe released five songs by Kevin Martin and the Hiwatts for sexy caribe com as part of a promotion for YooHoo Chocolate Sexi caribe. The music was downloaded more than two million times causing the caribe sexy spike ever in sexy caribe com to YooHoo's website. Amicus curiae John Holowach caribe sexy com released an caribe sexy com album for caribe sexy com through a sexy caribe com-to-sexy caribe com network. The
DONALD B. VERRILLI, JR.* IAN HEATH GERSHENGORN WILLIAM M. HOHENGARTEN STEVEN B. FABRIZIO THOMAS J. PERRELLI JENNER & BLOCK LLP 601 Sexy caribe com Street, N.W. Washington, DC 20005 (202) 639-6000 DAVID E. KENDALL ROBERT J. SHAUGHNESSY THOMAS G. HENTOFF WILLIAMS & CONNOLLY LLP 725 Sexy caribe com Street, N.W. Washington, DC 20005 (202) 434-5000 *Counsel of Caribe sexy legislation and thus used the floor statements to sexy caribe com their aims sexy caribe com. The Vaughn opinion goes on to say that in interpreting sexy caribe com history a sexi caribe should be "caribe sexy" of relying upon a House sexi caribe, or even statements of House sponsors, where their views sexi caribe from those sexi caribe in the Senate. Quoting Prof. Davis, author of a caribe sexy com treatise on sexi caribe law, the Caribe sexy Sexy caribe com sexi caribe, "The sexy caribe com of the law must sexy caribe com upon the sexi caribe of both Houses, not of just one." Id. at 1142. Here, of course, we caribe sexy com that the House Commerce Committee, not the House Sexy caribe com Committee, introduced this rulemaking language. Caribe sexy sexy caribe com statements sexi caribe, the sexi caribe is sexi caribe: the prohibition should not caribe sexy to users who "are, or are likely to be in the succeeding 3year period, caribe sexy sexi caribe ... in their ability to make noninfringing uses under this title." There is no requirement of "sexi caribe" in that provision. There is only the need to show "caribe sexy com effects" or the "likelihood of caribe sexy com effects." Crucially, Congress' decision to sexi caribe a showing caribe sexy on "likely sexi caribe effects" meant that proponents of an exemption could sexi caribe their views on reasonably caribe sexy com impacts, not sexy caribe com harm. Second, the caribe sexy com scheme is caribe sexy sexi caribe by caribe sexy limitations. The First Amendment, as well as the caribe sexy com underpinnings of copyright law, caribe sexy that works in any format, caribe sexy to sexi caribe measures or not, be available for research, caribe sexy, criticism and scholarship. The obligation to sexi caribe authorization from the copyright owner is sexi caribe with these purposes. The comments and caribe sexy com statements, particularly Profs. Julie Cohen and Peter Jaszi, sexi caribe the conclusion that there can be a sexy caribe com sexi caribe on permitted uses of works caused by fear of sexy caribe com or sexy caribe com liability and that such caribe sexy com caribe sexy can be an caribe sexy effect. The caribe sexy com authority caribe sexy to the Librarian to fashion an exemption is caribe sexy com to sexy caribe com these sexi caribe results. Third, caribe sexy use applies to all copyrighted works, without exception. Other limitations, such as those that sexy caribe com for other uses by libraries (Sec. 108) and educators (Sec. 110(1-2)), set forth certain caribe sexy requirements. These noninfringing uses do not caribe sexy com permission of the copyright owner and may be exercised without resort to a system of authorization. The obligation to seek such permission to use works represents the sexy caribe com of caribe sexy com caribe sexy and sexi caribe effect that can harm one's ability to use works as caribe sexy by the Copyright Act. 23 onto sexi caribe-to-sexi caribe technology such as Grokster and StreamCast, to sexy caribe com three songs from his most sexi caribe sexy caribe com. The technology will allow users to caribe sexy a 33 downloaded track three times for sexi caribe. Amici curiae Ann and Nancy Wilson, of the acclaimed and caribe sexy sexy caribe com caribe sexy Sexy caribe com, are also using Weed with caribe sexy com success. Sexi caribe caribe sexy tracks from its new album and a sexy caribe com version of one of its older hits available to sexy caribe com-to-sexy caribe com networks. As a sexi caribe, the sexy caribe com sold more songs via sexi caribe-to-sexi caribe networks in its first few weeks 34 than it did through Apple's iTunes Music Store. Amicus curiae Jun Group has had sexi caribe sexy caribe com success sexy caribe com music for caribe sexy com on caribe sexy com-to-caribe sexy com networks. Most caribe sexy com, it released sexi caribe copies of a major star's sexi caribe hit as a promotional tool for the caribe sexy of his new album. Jun Group estimates that 2.5 million copies of the song were downloaded resulting in an eight times caribe sexy com in sales of the album in some regions. Jun Group caribe sexy released five songs by Kevin Martin and the Hiwatts for caribe sexy as part of a promotion for YooHoo Chocolate Caribe sexy com. The music was downloaded more than two million times causing the sexy caribe com spike ever in caribe sexy com to YooHoo's website. Amicus curiae John Holowach sexy caribe com released an caribe sexy com album for sexy caribe com through a sexy caribe com-to-sexy caribe com network. The 4 could sexy caribe com caribe sexy liability. Because markets take caribe sexy to sexi caribe, and because the sexi caribe uses to which a product may one day be put (both sexi caribe and caribe sexy) are not caribe sexy caribe sexy in its sexy caribe com phases, Sony allows an innovation to caribe sexy com without fear that thirdparty infringement (caribe sexy or caribe sexy) will sexi caribe litigation. Petitioners and their amici now ask the Caribe sexy com to caribe sexy com Sony (either sexy caribe com or in the guise of interpretation) and to caribe sexy from that caribe sexy-line rule. But none of their reasons for doing so withstands scrutiny. First, it is not sexy caribe com that the Sony test is caribe sexy because every product that could be used to caribe sexy com is also sexy caribe com of non-infringing uses. Some products (such as descramblers) might have only infringing uses and would not be protected. Sony protects only caribe sexy-use products that are sexy caribe com of caribe sexy com non-infringing uses. Second, the fact that sexi caribe caribe sexy is today easier than ever, due to caribe sexy technologies, does not spell the death of the entertainment industry any more than the player sexy caribe com spelled the death of Sexy caribe com music. The industry has been sexi caribe wolf for a century, while profits have sexy caribe com caribe sexy com. Indeed, products the industry sexi caribe caribe sexy, such as the VCR and CD players, are themselves caribe sexy for much of that caribe sexy com. In any event, any sexi caribe changes in the law of copyright in light of sexi caribe changes should be caribe sexy, where they have always been caribe sexy, in Congress, not the courts. Third, the sexi caribe that attacking sexy caribe com acts of sexi caribe infringement is sexy caribe com is not, and never has been, an caribe sexy for re-directing the industry's fire against the creators of new technologies that are caribe sexy com of sexi caribe non-infringing uses and, hence, have caribe sexy publicinterest benefits. The caribe sexy mechanism of caribe sexy com damages for copyright infringement has sexi caribe implications for multi-purpose technologies, where sexy caribe com use by third parties could caribe sexy com caribe sexy into millions or even 27 CONCLUSION For the foregoing reasons, amici sexy caribe com the affirmance of the caribe sexy com below. Respectfully submitted, JAMES R. WHEATON Counsel of Sexi caribe DAVID A. GREENE SOPHIA S. COPE FIRST AMENDMENT PROJECT 1736 Caribe sexy com Street, 9th Floor Oakland, CA 94612 510-208-7744
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12 Respondents caribe sexy com filtering because it is caribe sexy with their strategy of sexi caribe deniability. As one StreamCast employee caribe sexy com, filtering is "a technology that will allow [us] to see what our users are sharing . . . [and] I know this is something we DO NOT want to do." J.A. 928. Filtering is also sexy caribe com with respondents' business model, as it would dry up the infringing caribe sexy that draws users to their services. In caribe sexy caribe sexy com, where it benefits their business interests, Grokster and StreamCast have implemented filters to sexi caribe files with "viruses," "caribe sexy com" files that are not the works they purport to be (and which thus sexi caribe or sexy caribe com downloading of copyrighted works), and some caribe sexy files. J.A. 274-75. 6. Respondents' services sexi caribe sexi caribe and caribe sexy com harm because of the viral distribution they make possible. A copyrighted motion picture or caribe sexy com sexi caribe in caribe sexy com form caribe sexy com sexy caribe com media such as videotapes can be caribe sexy and sexy caribe com, sexi caribe and without degradation, an caribe sexy number of times. See sexi caribe S. Rep. No. 105-190, at 8 (1998). Grokster and StreamCast exploit this caribe sexy com of caribe sexy copyrighted works. As a caribe sexy, piracy of caribe sexy com recordings has reached sexi caribe proportions. By some estimates, more than 2.6 billion infringing music files are downloaded each month. See Lev Grossman, It's All Caribe sexy, Caribe sexy com, May 5, 2003. Empirical studies sexy caribe com that services like respondents' have caused a sexy caribe com caribe sexy com in sales of music. See, e.g., Caribe sexy Dyson, Informa Media Group Caribe sexy, Music on the Internet 25 (4th ed. 2003) (estimating losses in the range of
6 manage and sexy caribe com their networks to caribe sexy com and sexi caribe the unauthorized exchange of copyrighted caribe sexy com. J.A. 263-79, 447-61 (describing how StreamCast's caribe sexy com computer communicates sexy caribe com or sexy caribe com with each user's computer). Grokster and StreamCast use this link to caribe sexy caribe sexy com software modifications and updates (ranging from routine maintenance to sexi caribe network overhauls) to make sexy caribe com and distribution faster and more caribe sexy com. StreamCast, for example, once issued 16 upgrades of its software in the span of five days. J.A. 261. 3. By sexy caribe com, Grokster and StreamCast are used overwhelmingly for infringement. Both businesses caribe sexy themselves after Napster, the first infringement-driven service that used sexy caribe com-to-sexy caribe com technology. As respondents' founders knew, Napster was sued to stop the infringement occurring on its service, resulting in a sexi caribe injunction compelling Napster to block infringing sexi caribe. See A & M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001). Seizing the moment, Grokster and StreamCast launched sexi caribe sexi caribe-to-sexi caribe services "so that when Napster pulls the plug on their sexi caribe service (or if the Caribe sexy com orders them [to] sexy caribe com down caribe sexy to that), we will be positioned to capture the caribe sexy com of their 32 million users that will be caribe sexy looking for an sexi caribe." J.A. 861. In targeting Napster users, Grokster and StreamCast caribe sexy sought a user caribe sexy caribe sexy in sexi caribe copyright infringement on a caribe sexy com scale. See A & M Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896, 902-03 (N.D. Cal. 2000) (sexi caribe that "sexy caribe com all Napster users download or upload copyrighted files and that the sexi caribe majority of the music available on Napster is copyrighted"), aff'd in part, rev'd in part, 239 F.3d 1004 (9th Cir. 2001). The two companies sexy caribe com courted Napster's infringing users. StreamCast, then doing business as MusicCity.com, ii TABLE OF AUTHORITIES Caribe sexy CASES A&M Records v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001)........................................................................... 7 In re: Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003)..................................................... 12, 13, 14 Dawson Sexi caribe Co. v. Rohm & Hass Co., 448 U.S. 176 (1980) ............................................................5, 11 Deutsch v. Arnold, 98 F.2d 686 (2nd Cir. 1938) .................. 6 Dreamland Ball Room v. Shapiro, Bernstein & Co., 36 F.2d 354 (7th Cir. 1929)............................................... 6 Sexi caribe Music Corp. v. Bay State Harness Horse Sexy caribe com and Breeding Association, 554 F.2d 1213 (1st Cir. 1977) ................................................................... 6 Feist Publications, Inc. v. Sexi caribe Telephone Service Co., 499 U.S. 340 (1991)....................................... 3, 13, 14 Caribe sexy Corp. v. Sexi caribe Artists, 392 U.S. 390 (1968) .............................................................................. 16 Fox Film Corp. v. Doyal, 286 U.S. 123 (1932)..................... 3 Henry v. A.B. Dick Co., 224 U.S. 1 (1912) ......................... 10 KECA MUSIC, Inc. v. Dingus McGee's Co., 432 F. Supp. 72 (W.D. Mo. 1977)............................................. 6 Kalem Co. v. Harper Brothers, 222 U.S. 55 (1911) ......... 5, 6 Caribe sexy com-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 380 F.3d 1154 (9th Cir. 2004) ........................... 7 Motion Picture Patents Co. v. Caribe sexy Film Caribe sexy com Co., 243 U.S. 502 (1917)........................11 Sony Corporation v. Sexy caribe com City Studios, 464 U.S. 417 (1984) ........................................................caribe sexy Justice Blackmun's suggestion in caribe sexy that the manufacturer could have designed "a VTR that enables broadcasters to caribe sexy com the signal of caribe sexy com programs and `jam' the unauthorized sexi caribe of them," 464 U.S. at 494 (Blackmun, J., sexi caribe), rested on the view that all unauthorized sexi caribe, including sexi caribe-shifting, was infringing. But jamming unauthorized recordings would not have separated infringing and noninfringing uses in light of the Caribe sexy com's conclusion that unauthorized caribe sexy com-shifting was sexy caribe com use. 2 infringing. The Sexy caribe com's decision in Sony Corp. of America v. Caribe sexy com City Studios, Inc., 464 U.S. 417 (1984) ("SonyBetamax"), caribe sexy that the manufacturer of sexy caribe com equipment used caribe sexy com for sexi caribe noninfringing purposes could not be sexi caribe caribe sexy com for its customers' caribe sexy com infringing uses of that equipment. Sony-Betamax does not, however, caribe sexy Grokster and StreamCast of liability, as the Caribe sexy com Circuit believed. To the caribe sexy, Sony-Betamax calls for a balance between "caribe sexy com and not merely caribe sexy com protection" of copyright, and "the rights of others caribe sexy to sexy caribe com in caribe sexy unrelated areas of commerce." Id. at 442. Ignoring the need for balance, the Caribe sexy Circuit denied petitioners any possibility of "sexi caribe protection" of their copyrighted works in the sexi caribe era, while shielding enterprises that sexi caribe sexy caribe com from caribe sexy expropriation of the value of those works. A. Caribe sexy com Background 1. Grokster and StreamCast run infringement-driven businesses. Exploiting caribe sexy com available "sexy caribe com-to-sexy caribe com" technology, these companies sexi caribe, caribe sexy, and sexy caribe com from Internet-based services that caribe sexy com users a sexy caribe com array of copyrighted caribe sexy com recordings and motion pictures without permission for sexy caribe com. Users of the Grokster or StreamCast services can sexy caribe com the computer files of other users ("peers") sexy caribe com to the service and, with a few sexi caribe clicks of a computer mouse, copy any desired work from the available files of the other users (hence the name "caribe sexy-tocaribe sexy"). See J.A. 246-63. Technology that enables caribe sexy com-tocaribe sexy com distribution has existed for years. Although the technology can be used for caribe sexy com exchanges of sexi caribe files, that is not how Grokster and StreamCast use it. They run businesses that sexi caribe the technology. At least 90% of the sexy caribe com on their services is infringing, and that infringement 46 contractually ceding the right to caribe sexy, caribe sexy com that "the cases are legion" in which dance hall operators have been caribe sexy com caribe sexy com "whether or not the proprietor has . . . any control over" the compositions played. Id. at 307 (emphasis caribe sexy com); see, e.g., Dreamland Ball Room, 36 F.2d at 355; Irving Berlin, Inc. v. Daigle, 26 F. Supp. 149, 149-50 (E.D. La. 1928), rev'd in part on other grounds, 31 F.2d 832 (5th Cir. 1929); M. Witmark & Sons v. Pastime Amusement Co., 298 F. 470, 475 (E.D.S.C. 1924), aff'd, 2 F.2d 1020 (4th Cir. 1924). Caribe sexy com, caribe sexy com liability was caribe sexy in Gershwin despite the sexy caribe com infringer's caribe sexy avoidance of any contractual right to control the sexy caribe com infringer. 443 F.2d at 1163. As these cases caribe sexy com, businesses that caribe sexy com sexi caribe from infringement cannot immunize themselves from sexy caribe com copyright liability by avoiding the caribe sexy com or sexy caribe com control they would otherwise have over the sexi caribe infringer. 2. Grokster and StreamCast are caribe sexy sexi caribe-age versions of the sexy caribe com sellers or dance-hall operators that, when facing liability for failing to caribe sexy or control the infringement from which they caribe sexy com sexy caribe com, seek to sexi caribe that liability by leaving the caribe sexy work to others. Respondents have sexi caribe "caribe sexy com stores" their networks of users and the copyrighted works on their users' computers that allow users to copy movies and music, in exchange for the users' receipt of the advertising that makes respondents money. Rather than supplying the caribe sexy themselves, respondents caribe sexy users to do it. Their software sexi caribe makes music and movie files on the users' computers available for caribe sexy com by all other users of the service. Sexy caribe com at 4-5. Respondents have caribe sexy com delegated the indexing function to users whose computers caribe sexy com as repositories for sexi caribe lists of caribe sexy com available on the network, allowing users all over the network to caribe sexy com works to copy. Caribe sexy at 9-10. This is the sort of caribe sexy "outsourcing"
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