Jim Gatto is a partner in the Intellectual Property Practice Group in the firm’s Washington, D.C. office. He is Co-Leader of the Artificial Intelligence Team, the Blockchain & Fintech Team, and Leader of the Open Source Team.

Areas of Practice

For over 35 years he has been a thought leader on legal issues with emerging technologies and business models, most recently blockchain, AI, open source and interactive entertainment. He provides strategic advice on all aspects of intellectual property strategy and enforcement, technology transactions, licenses and tech-related regulatory issues (e.g., securities, gambling, AML), especially ones driven by new business models and/or disruptive technologies. His practice focuses on:

  • Blockchain (including all aspects of NFTs, blockchain games, and blockchain applications)
  • Interactive entertainment (including video games, metaverses, digital art, virtual worlds, AR, VR, fantasy sports, esports, online gambling)
  • Artificial Intelligence (including patent and copyright protection, copyright infringement issues with training AI models, corporate policies on employee use of generative AI, TOS issues and much more)
  • Open Source (including OS clearance and compliance, OS audits, corporate policies on use of OS, M&A diligence and remediation, OS contributions and licensing, patent strategies when using open source and much more)



Representative IP Matters and Transactions

  • Represented Catalina Marketing in their acquisition of Modiv Media. The deal involved an acquisition and strategic integration of Modiv’s mobile and digital technology to supplement Catalina’s bricks and mortar-based targeted marketing infrastructure.
  • Lead IP/tech attorney for the highly publicized, complex strategic alliance between EMC and Lenovo, relating to network servers and storage devices. The deal included M&A and ongoing strategic business agreement components, involving complex licensing, open source and IP aspects. Based on this deal, M&A Advisor named him a winner of the 2012 “Cross-Border Deal of the Year” in its category for this work.
  • Assisted VoiceBox Technologies Corp. by securing dozens of patents to protect its award-winning contextual voice technology. VoiceBox was recently named in the IEEE’s Patent Power 2013 Scorecard, an independent industry evaluation of the best patent portfolios conducted by the research firm 1790 Analytics.
  • Has handled patent and IP-based sales involving hundreds of millions of dollars
  • Assisted Activision on IP issues associated with its $100 million acquisition of the Guitar Hero franchise from Red Octane
  • Has successfully assisted Playfish in shutting down unauthorized secondary markets for its virtual goods and currency
  • Co-lead trial team for Computer Associates, Inc., in a matter involving the divestiture of an open source software product prevailing on all substantive issues and obtaining an award of attorney's fees
  • Advised StarMine LLC from its inception on IP issues and developed and implemented IP strategy through its sale to Thomson-Reuters, Inc.
  • First chaired team that obtained preliminary and permanent injunction on behalf of financial services company for a business method patent relating to the municipal bond industry
  • Obtained patent for and developed successful multi-million dollar licensing program for Information Planning Management Service, Inc.
  • Managed internet portfolios and assisted in IP based sale of United Toll, LLC, to a Roper Industries, Inc., entity
  • Prevailed in a patent interference matter for a university professor for his Nobel-prize winning invention in the chemistry field
  • First chaired team that successfully sued the U.S. Government under 28 U.S.C. § 1498 for patent infringement in the Court of Federal Claims
  • First chaired team that successfully defended two patent infringement lawsuits in the internet coupon field and successfully enforced patent against a competitor in a third suit; then assisted in sale of that business to Catalina Marketing Corp.
  • First chaired team that, in a declaratory judgment action filed against a California company in Asheville, NC, obtained summary judgment of infringement, validity and enforceability on behalf of a patent owner
  • Successfully represented a bioinformatics company in a patent infringement lawsuit involving Oxford Gene Technology patents relating to oligonucleotide arrays
  • Developed a patent portfolio, which has been successfully enforced, for pioneering semiconductor technology relating to gallium nitride based blue LEDs and blue laser devices



Best Lawyers in America - Patent Law, Best Lawyers, 2021-2024

Leading IP Strategist, IAM Strategy 300, 2023

The World's Leading Patent Professionals, IAM Patent 1000, 2023-2024

Super Lawyers, 2006-2008, 2010-2014, 2017-2024

Recommended Lawyer - Media and Entertainment, Legal 500, 2022

Cryptocurrency, Blockchain and Fintech Trailblazer, The National Law Journal, 2018

Thought Leader on Blockchain & Cryptocurrencies, National Law Review, 2018

Top Rated Lawyer, Martindale-Hubbell AV Preeminent®

Technology Transactions, Legal 500, 2016, 2020-2022

IP Star, Managing Intellectual Property, 2013-2014, 2018-2020, 2022-2024

Intellectual Property - Northern Virginia, Chambers USA, 2007-2024

  • James Gatto - Chambers USA 2024
  • JD Supra Readers Choice 2021



  • "FTC Issues New Guidance for Mobile App Developers that Collect Location Data," JD Supra, February 2, 2015
  • "Not So Silky Road," JD Supra, February 5, 2015
  • "FinCEN Addresses Illegal Sports Betting," JD Supra, January 28, 2015
  • "Court Finds Poker Game Management Patents Valid Under Section 101," JD Supra, November 17, 2014
  • "Another Court Declares Terms of Service Provisions Unenforceable - Are Yours?" JD Supra, November 6, 2014
  • "IRS Issues Significant Convertible Virtual Currency Ruling - Bitcoin Community Abuzz," JD Supra, March 28, 2014
  • "More Fallout From Silk Road," JD Supra, January 28, 2014
  • "Sacramento Kings Announce They Will Be The First Pro Sports Franchise to Accept Bitcoin," JD Supra, January 20, 2014
  • "Taxation of Virtual Currencies," JD Supra, January 14, 2014
  • "Does Bitcoin Violate the Stamp Payments Act?" JD Supra, January 10, 2014
  • "Healthcare Gamification - Regulation of Wellness Programs," JD Supra, August 28, 2013
  • "FINCEN Virtual Currency Guidance," JD Supra, July 5, 2013
  • "Money Laundering Through Virtual Currency Provider Shut Down," JD Supra, May 29, 2013
  • "FINRA Levies $9 Million Fine Against Financial Service Company Over Email Failures," JD Supra, May 22, 2013
  • "Bitcoin Exchange Assets Seized," JD Supra, May 20, 2013
  • "DMCA Saves YouTube...Again," JD Supra, April 19, 2013
  • "Mobile Payments Infographic," JD Supra, April 17, 2013
  • "SEC OKs Social Media Sites for Financial Disclosures," JD Supra, April 3, 2013
  • "FINCEN Issues Virtual Currency Regulations," JD Supra, March 22, 2013
  • "Who Wants Money for Mobile App Development?" JD Supra, February 4, 2013
  • "Social Media Guidance for Financial Institutions," JD Supra, January 30, 2013
  • "Will Australia Ban Non-Real Money Gambling Apps?" JD Supra, January 15, 2013
  • "Virtual Goods, Gaming and the Trouble With Secondary Markets," JD Supra, January 2013
  • "Make Sure Your Virtual Currency Doesn't Enter Illegal Gambling Territory," Paybefore Magazine, Fall 2012


  • "Blockchain: A Prescription for Curing Ailments in the Healthcare Industry," Health Law Handbook 2019 Edition, Thomson Reuters, 2019
  • Advisory Panel, Blockchain, Virtual Currencies and ICOs - Navigating the Legal Landscape, Wolters Kluwer, 2018 

Advertising: Covering Your Ads Blog

AI Law and Policy Blog Posts

Global Trade Law Blog Posts

Art Law Blog Posts

Energy Law Blog Posts

Class Action Defense Strategy Blog Posts

Consumer Finance and Fintech Blog

Law of the Ledger: Blockchain Law Blog Posts

Gaming and Esports Law Blog Posts

Video Game Law Blog Posts

Healthcare Law Blog Posts

Intellectual Property Law Blog Posts

Media Mentions

Speaking Engagements

  • Speaker, “NFT and Blockchain Technology,” Oklahoma Bar Association – Intellectual Property Law Section Seminar, June 2, 2023
  • Panelist, “Intellectual Property – Boundaries of Permitted Use in New Tech Fields,” ITechLaw World Technology Law Conference, May 24, 2023
  • Speaker, “Generative AI: Legal Issues and Solutions,” Generative AI Media, Marketing & Creative Conference, May 8, 2023
  • Panelist, “AI Inventorship,” United States Patent and Trademark Office Listening Session - West Coast, May 8, 2023
  • Panelist, “Artificial Intelligence and Visual Arts,” U.S. Copyright Office AI Listening Session, May 2, 2023
  • Panelist, “AI Inventorship,” United States Patent and Trademark Office Listening Session - East Coast, April 24, 2023
  • “Generative AI and Copyright Issues for Game Companies,” Entertainment Software Association, Webinar, March 20, 2023
  • Speaker, “Copyrights and Artificial Intelligence: The Battle Between Content Creators and AI Developers,” IPWatchdog Software Masters, March 7, 2023
  • Speaker, “Can You Copyright AI Generated Content?” The Web3, Metaverse and AI Show, March 1, 2023
  • Panelist, “Regulating Cryptocurrency Assets Around the World,” Houston Bar Association – International Law Section, February 16, 2023
  • Speaker, Dubai Culture and Arts Authority, "Crypto-art and Economic Development Creating accessible art and digital assets," November 23, 2022
  • Speaker, Dubai Culture and Arts Authority, "Crypto Collectibles Blockchain, NFTs and Monetizing Digital Art," November 22, 2022
  • Speaker, Dubai Culture and Arts Authority, "Artwork Ownership Authentication Digital Art and Copyrights and International Property Rights Protection," November 21, 2022
  • Panelist, DCentral Conference, NFT Law Power Panel, December 13, 2021
  • Moderator, NFTCON, "The Intersection of NFTs and Intellectual Property," October 14, 2021
  • Panelist, Game On! Summit, "Covering Your Digital Assets: Intellectual Property Rights and Gaming," September 29, 2021
  • Speaker, "Season 1, Episode 3: NFTs - Keeping it Legal! (ft. Jim Gatto)," August 20, 2021
  • Speaker, The Global NFT Summit, "NFTs — Keeping it Legal and Staying Compliant," July 29, 2021
  • Speaker, Virtual Reality Location-based Entertainment Summit, “Legal Issues to Consider in a COVID-19 World,” October 15, 2020
  • Speaker, "Webinar on Blockchain Games, Collectibles and Markets — Keeping it Legal," Webinar, May 15, 2020
  • Speaker, "Using Blockchain Technologies to Streamline Contract and Supply Chain Management," Webinar, December 10, 2019
  • Speaker, “Overview of Cryptocurrency and Blockchain Technology,” New York State Bar Association Business Law Section Fall Meeting, New York, New York, November 19, 2019
  • Speaker, "Blockchain Applications in the Digitization of Transport," The World Bank, Washington, D.C., October 3, 2019
  • Speaker, "Emerging Health Technology: Privacy and Data Protection in the Age of Digital Healthcare," VA Privacy Symposium, Webinar, September 19, 2019
  • "San Diego Blockchain Legal Forum," San Diego, California, June 19, 2019
  • Keynote Speaker, "The Big Picture: A Macro Perspective on Cryptocurrency and Blockchain," IEEE San Diego Blockchain Legal Forum, June 19, 2019
  • "Blockchain Music & Media," San Francisco, California, June 18, 2019
  • "CryptoMondays: What's so Stable about cryptocurrencies," San Francisco, California, June 17, 2019
  • "Blockchain-Based Securitization of Non-Liquid Assets - What You Need to Know," New York, New York, May 13, 2019
  • "Retail's Top 5 Legal Trends & Issues Webinar," May 9, 2019
  • "LA Games Conference," Los Angeles, California, May 7, 2019
  • Speaker, "Keeping Cryptogames, Gambling Issues and IP Legal," Crypto Games Conference, Minsk, Belarus, April 25, 2019
  • "Business Center for International Understanding Blockchain and Cloud Storage Forum," Washington, D.C., April 11, 2019
  • "Get Smart on the Law of Smart Contracts," Webinar, April 3, 2019
  • Speaker, "Venezuela: Cryptocurrency, Sanctions and the Current Legal Climate," D.C. Bar, March 26, 2019
  • "Crypto Games & Digital Collectibles," San Francisco, California, March 18, 2019
  • "Blockchain for International Trade and Supply Chain Logistics – Business Opportunities and Legal Concerns," March 13, 2019
  • "Manhattan College Blockchain Forum," New York, February 7, 2019
  • "The Business Opportunities and Legal Risks with Blockchain – What You Need to Know," November 29, 2018
  • Speaker, "Open Source Software: Guidance for Corporate and Technology Counsel on Mitigating Legal and Security Risks," Stafford Webinars, October 12, 2017
  • Speaker, "Serious Play Conference," George Mason University, July 18-20, 2017
  • Speaker, Blockchain Webinar, March 15, 2017
  • Speaker, Game Developers Conference/ GDC Seminar & Reception, San Francisco, California, February 27, 2017
  • Panelist, Fourth Annual Sports & Entertainment Law Journal Symposium, Presented by ASU, Phoenix, Arizona, November 12, 2016
  • Speaker, "Liability Issues in Virtual and Augmented Reality," Law Seminars International’s Game Technology Conference, Seattle, Washington, October 13-14 2016
  • Speaker, "Virtual Reality Year in Review!" Presented by YetiZen, December 1, 2015
  • Panelist, "Intellectual Property & Licensing Strategies for Small Businesses WEBINAR," Center for Innovative Technology, September 10, 2015
  • Speaker, "The Critical Difference between eSports and Other Video Games," eSports Conference San Francisco, September 9, 2015
  • Speaker, "Don’t gamble with your Business Model: Cutting edge legal issues and potential regulatory enforcements for social gaming, eSports and fantasy sports," Gaming NOW Summit Las Vegas, September 2, 2015
  • Speaker, "Legal Issues with Social Games, eSports, and Fantasy Sports," September 2015 
  • Speaker, "Intellectual Property Protection & Licensing Strategies for Small Business," September 2015
  • Speaker, “The Interface Evolves – Sensory Gaming Platforms,” NeuroGaming Conference & Expo 2015, May 6, 2015
  • Speaker, “Intellectual Property Strategy for Games,” Pillsbury panel discussion, February 25, 2015
  • Speaker, “Overview of Legal Issues with mHealth,” mHealth Applications Legal Issues, February 10, 2015
  • Speaker, “All About Apps: Designing for Engagement & Compliance,” mHealth Summit, December 10, 2014
  • Speaker, “Gamblification,” Game Business and Legal Affairs 2014, May 19, 2014
  • Speaker, “The Interface Evolves – Sensory Gaming Platforms,” NeuroGaming 2014 Conference & Expo, May 7, 2014
  • “The Real Issues with Virtual Currency,” Pillsbury webinar, April 22, 2014
  • Speaker, “New Ideas in Bitcoin,” Inside Bitcoins, April 7, 2014
  • Speaker, “Gamblification! Interaction between Social Games and Online Gambling,” Social Gambling & Gaming Summit, December 10, 2013
  • "Gamblification: Gaming and Gambling Partnerships," Gamer Technology Law Conference, October 7, 2013
  • Speaker, “Know When to Hold ‘Em,” PLI’s Technology and Entertainment Convergence 2013: Hot Business and Legal Issues in "Technotainment" San Francisco, California, September 18, 2013, and New York, New York, October 3, 2013
  • "Discussion of Due Diligence," Panel Discussion, The Power of Angel Investing Seminar, Northern Virginia Technology Council, Ashburn, Virginia, July 11, 2013
  • Speaker, gsummitX - Gamification, Washington, D.C., June 5, 2013
  • Moderator, “Gamblification! Interaction between Social Games and Online Gambling,” American Bar Association Forum on the Entertainment & Sports Industries, June 10, 2013
  • Speaker, Social Media & Games Committee meeting and interactive workshop, 2013 World Technology Law Conference & Annual Meeting, May 3, 2013
  • Moderator, “The Next Interface – Sensory Gaming Platforms,” NeuroGaming Conference & Expo, May 1, 2013
  • Speaker, “Clarifying the blurred legal boundaries between various forms of social, virtual currency, prediction, sweepstakes and other forms of gaming – what you can and can’t do,” Social Casino Summit San Francisco 2013, April 25, 2013
  • Speaker, "Gamblification: Legal Concerns," GSummit San Francisco 2013, April 18, 2013
  • Speaker, "Rigging the Mobile Game Deck," Casino Gaming, February 26, 2013
  • Speaker, “Viva Las Vegas - Monetization 3.0: Opportunities in Online Casinos and Gambling for Games and Media Companies," Games Summit at 2013 International CES, January 10, 2013
  • "Role of Patents in Business and the Impact of the America Invents Act," Practising Law Institute Law Audio Webcast, November 5, 2012
  • “Gamblification! Legal Issues Relating to the use of Gambling Mechanics for Non-Gambling Purposes,” 2012 ITechLaw European Conference, October 11, 2012
  • Moderator, "Can Social Games be Monetised through Gambling," Social Gaming and Virtual Goods World, December 7, 2011
  • "Obeying the Law in a Virtual World," Social Gaming and Virtual Goods World, December 6, 2011
  • "Not Just Fun and Games: The Legal and Privacy Implications of Virtual Currency," Pillsbury webinar, October 24, 2011
  • "Derivative works based on open source," AIPLA Annual Meeting with Joint Committee Meeting ECLC and Diversity in IP Law, October 21, 2011
  • "Mobile and Handheld Device Gaming: Regulatory Update for Location-Based Gaming," LSI Gamer Technology Law Conference, October 3, 2011
  • "Top 10 Social Media Legal Issues: What Every Lawyer Should Know," MCLE Marathon, September 27, 2011
  • "Social Media for Nonprofits & Associations," WMACCA Nonprofit Series, May 26, 2011
  • "Social Media for Nonprofits: Leveraging the Opportunities and Avoiding the Legal Pitfalls," The Kreeger Museum, April 14, 2011
  • Webinar: "Top Social Media Legal Issues," March 22, 2011
  • "Legal Issues in Gamification," Engage! Expo New York, February 15, 2011
  • "Social Media & Location-based Services: New Risks," Webinar, February 2, 2011
  • "Top Legal Issues in Gamification," The Gamification Summit, January 19, 2011
  • "Overview of Legal Issues with Virtual Currencies," Virtual Goods World – Europe, November 16, 2010
  • "Legal Issues with Virtual Worlds, Virtual Goods and Virtual Currencies," PLI Technology and Entertainment Convergence 2010: Hot Business and Legal Issues in "Technotainment," San Francisco, September 22, 2010
  • "Virtual Worlds in Government Contracting," Pillsbury's Northern Virginia office, June 8, 2010
  • "ABCs of Social Gaming," Pillsbury's Silicon Valley office, June 1, 2010
  • "Top Legal and Business Issues with Virtual Worlds," Engage Expo New York, February 16, 2010
  • "Top Legal and Business Issues with Virtual Worlds," Engage Expo California, September 23, 2009
  • "Intersecting Interests: Virtual Worlds and the Law," Metanomics stage in Second Life, May 20, 2009
  • "What Actual Companies Need to Know About Virtual Worlds," Pillsbury MCLE Marathon, Houston, May 18, 2009
  • "Virtual Worlds," 2009 ITechLaw Annual Meeting, Seattle, Washington, May 14, 2009
  • "Overview of Business and Legal Issues with Virtual Worlds," Pillsbury Northern Virginia, May 12, 2009
  • "What Actual Companies Need to Know About Virtual Worlds," Pillsbury MCLE Marathon, Northern Virginia, April 28, 2009
  • "What Actual Companies Need to Know About Virtual Worlds," Pillsbury MCLE Marathon, New York, New York, February 19, 2009
  • "Do You Truly Own What You Are Licensing? What Every Licensor and Licensee Needs to Know About Open Source Code," Advanced Forum on Technology Licensing Agreements, ACI, April 29, 2008
  • Presenter, "Business Aspect of Patents: A Primer for the Non-Patent Lawyer," CLE Marathon hosted by Pillsbury, New York, New York, April 10, 2008
  • “Overlooked Intellectual Property Issues: Avoiding Pitfalls that Impact Commercialization,” USIC (United States Industry Coalition), Arlington, Virginia, March 5, 2008
  • “Significant Recent Events in the Open Source World,” Open Source Seminar, McLean, Virginia, January 10, 2008
  • “Essentials of Patent Law for General Litigators,” CLE event hosted by Pillsbury, New York, New York, November 5, 2007
  • "Navigating The New Patent World And Understanding USPTO Proposed Reforms," Panel Discussion, Patent Strategies Conference: Implementing Successful Approaches to IP Protection While Maximizing Business Value, IQPC, New York, New York, September 26, 2007
  • Presenter, “GPLv3 Has Been Released - Do You Know How the Significant Changes Will Impact You?” IPC Fall Meeting, AIA (Aerospace Industries Association), Arlington, Virginia, September 25, 2007
  • “GPLv3 Has Been Released – Do You Know How the Significant Changes Will Impact You?” Open Source Seminar hosted by Pillsbury, McLean, Virginia, July 24, 2007
  • "What Venture Capitalists and Other Investors Look for in IP Portfolios," Technology IP Due Diligence Conference, ACI, San Francisco, California, June 22, 2007
  • "Digital Media Patents for Profit," The Business & Technology Of Online Video, Streaming Media East 2007 Conference & Exhibition, New York, New York, May 15, 2007
  • Presenter, "Director and Officer Liability for Infringement of Intellectual Property: One More Reason for Effective IP Management," CLE Marathon hosted by Pillsbury, New York, New York, April 11, 2007
  • Moderator, "The Business Case For/Against Using Open Source in Your Portfolio and Your Client’s Processes," Software IP Strategy Summit, ACI, Palo Alto, California, February 21, 2007
  • Panelist, "Power of Angel Investing," IP Due Diligence, University of Virginia in conjunction with the Virginia Active Angel Network, October 9, 2006
  • “GPLv3 – What You Need to Know About the Coming Changes,” Open Source Seminar hosted by Pillsbury, McLean, Virginia, September 7, 2006
  • "Patents and Open Source - The Sky is Not Falling," C3 Expo, New York, New York, June 2006
  • “Recent Developments in Open Source,” Open Source Seminar hosted by Pillsbury, McLean, Virginia, April 6, 2006
  • "Legal Issues in Open Source," Open Source Licensing: A Doorway to Heaven or Hell?, CLE Spring Training; ACC (Association of Corporate Counsel), San Francisco, California, March 23, 2006
  • "Protection in the World of Open Source: Best Practices for Mergers and Acquisitions in an Open World," Open Bar, Silicon Valley, California, June 2, 2005
  • “Legal Issues and Business Ramifications of Open Source Software,” Breakfast Briefing hosted by Pillsbury Winthrop LLP, McLean, Virginia, January 6, 2005
  • Moderator & Panelist, "Legal and Regulatory Aspects of Bioinformatics," Infotech Pharma Conference, London, February 12, 2002
  • "Legal Aspects of Applying Bioinformatics to Personalized Medicine," BioFuture Conference, Vancouver, Canada, November 21, 2002
  • "IP Issues for Nanotech Start-Ups," International Conference on Computational Nanoscience and Nanotechnology, San Juan, Puerto Rico, April 22, 2002
  • "What Businesses Need to Know About The Value of Patents - a US and Israeli Perspective," Virginia Israel Technology & Trade Summit, Reston, Virginia, 2001
  • "The Impact of Open Source Software on University IP Revenue," delivered to Board of Directors, Virginia Tech Intellectual Properties, Virginia Polytechnic Institute and State University, Virginia, January 28, 2002
  • "Intellectual Property as Collateral in Secured Transactions," Commercializing Intellectual Property Conference, Law Seminars International, Virginia, May 29, 2003
  • Panelist, "Salvaging Value of IP from Troubled Companies," Business Seminar Co-Hosted By Chevy Chase Bank, Chevy Chase, Maryland, May 15, 2003




Mr. Gatto has been actively involved in and has held many leadership positions in prominent industry organizations. Some recent involvement includes:

American Intellectual Property Law Association (AIPLA) – Chair Blockchain/NFT subcommittee

American Bar Association (ABA) – Member IP Section, NFT Task Force and Artificial Intelligence/Machine Learning (AI/ML) Task Force

Member, NIST Generative AI Public Working Group (GAI-PWG)

Member, Blockchain Games Association (BGA)

Member, Government Blockchain Association (GBA)

Member, International Technology Law Association (ITechLaw) – helped form Interactive Entertainment and Media Committee; lead Startup Committee

Digital Media

Digital Media


J.D., Georgetown University Law Center, 1988

B.E., Electrical Engineering (with Physics minor), Manhattan College, 1984


  • Commonwealth of Virginia
  • District of Columbia
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the District of Columbia
  • U.S. Patent and Trademark Office
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