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#1 2011-06-16 20:03:12

gbear605
Scratcher
Registered: 2008-03-06
Posts: 1000+

Is using songs copied from scratch programs for private use legal?

infinite_minus_zero wrote:

if you copy songs from a downloaded scratch project into your iTunes library and then put it on your iPod, does that count as Piracy, or anything illegal like that? thx!

It is totally legal because of "the “Fair Use” doctrine incorporated into the Copyright Act of 1976, 17 U.S.C. § 107", and "All projects shared on the Scratch website, as well as the Scratch support materials, are shared under the Creative Commons license with the conditions: Attribution - Share Alike." Which states: "You are free:

    * to Share — to copy, distribute and transmit the work
    * to Remix — to adapt the work
    * to make commercial use of the work" 
That would be sharing it.

However,
"Other Rights — In no way are any of the following rights affected by the license:

    * Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;" 
means that if it is protected by a copyright, then the copyright holder legally can sue you.  So, my answer to you, is, sure, you can use it for private use, but don't advertise that you got it for free or that you have not bought it.

TL;DR:
sure, you can use it, as long as you don't use it for commercial use.

DISCLAIMER: I IN NO WAY AM A LAWYER AND HAVE NO WAY IN TERMS OF LEGAL ISSUES AND HAVE NEVER GONE TO LAW SCHOOL

Last edited by gbear605 (2011-06-16 20:18:51)


Yeah, I'm mostly inactive.  I check in once in a while though.  If you want to contact me, I have a contact form at my website, http://escratch.org

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#2 2011-06-16 20:04:19

veggieman001
Scratcher
Registered: 2010-02-20
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

If the song is copyrighted, no, it's illegal.


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#3 2011-06-16 20:08:25

gbear605
Scratcher
Registered: 2008-03-06
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

veggieman001 wrote:

If the song is copyrighted, no, it's illegal.

I addressed this in what I said.  READ stuff besides the TL:DR please.


Yeah, I'm mostly inactive.  I check in once in a while though.  If you want to contact me, I have a contact form at my website, http://escratch.org

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#4 2011-06-16 20:09:27

veggieman001
Scratcher
Registered: 2010-02-20
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

gbear605 wrote:

veggieman001 wrote:

If the song is copyrighted, no, it's illegal.

I addressed this in what I said.  READ stuff besides the TL:DR please.

I didn't even read the tl;dr.
You're saying it's okay for people to break the law.


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#5 2011-06-16 20:11:33

gbear605
Scratcher
Registered: 2008-03-06
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

veggieman001 wrote:

gbear605 wrote:

veggieman001 wrote:

If the song is copyrighted, no, it's illegal.

I addressed this in what I said.  READ stuff besides the TL:DR please.

I didn't even read the tl;dr.
You're saying it's okay for people to break the law.

No, I'm saying it is OK AND ALLOWED to use it for private use, but not for commercial use.  Copyright holders have a RIGHT to sue you if you use it in a commercial usage.


Yeah, I'm mostly inactive.  I check in once in a while though.  If you want to contact me, I have a contact form at my website, http://escratch.org

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#6 2011-06-16 20:14:17

Harakou
Community Moderator
Registered: 2009-10-11
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

gbear605 wrote:

veggieman001 wrote:

gbear605 wrote:


I addressed this in what I said.  READ stuff besides the TL:DR please.

I didn't even read the tl;dr.
You're saying it's okay for people to break the law.

No, I'm saying it is OK AND ALLOWED to use it for private use, but not for commercial use.  Copyright holders have a RIGHT to sue you if you use it in a commercial usage.

While copyrighted material is protected under fair use if you use it in a Scratch project, downloading that music from the project and using it (even for personal use) would be piracy in a way. You should address that if the song is protected by copyright, it would be illegal to download for personal or commercial use.


http://www.blocks.scratchr.org/API.php?action=random&return=image&link1=http://i.imgur.com/OZn2RD3.png&link2=http://i.imgur.com/duzaGTB.png&link3=http://i.imgur.com/CrDGvvZ.png&link4=http://i.imgur.com/POEpQyZ.png&link5=http://i.imgur.com/ZKJF8ac.png

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#7 2011-06-16 20:16:11

veggieman001
Scratcher
Registered: 2010-02-20
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

gbear605 wrote:

veggieman001 wrote:

gbear605 wrote:

I addressed this in what I said.  READ stuff besides the TL:DR please.

I didn't even read the tl;dr.
You're saying it's okay for people to break the law.

No, I'm saying it is OK AND ALLOWED to use it for private use, but not for commercial use.  Copyright holders have a RIGHT to sue you if you use it in a commercial usage.

That's like saying piracy is legal if you don't sell the song.


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#8 2011-06-16 20:19:24

gbear605
Scratcher
Registered: 2008-03-06
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

veggieman001 wrote:

gbear605 wrote:

veggieman001 wrote:


I didn't even read the tl;dr.
You're saying it's okay for people to break the law.

No, I'm saying it is OK AND ALLOWED to use it for private use, but not for commercial use.  Copyright holders have a RIGHT to sue you if you use it in a commercial usage.

That's like saying piracy is legal if you don't sell the song.

Look at the Pacman project that was removed from the scratch site.  I mean like that.


Yeah, I'm mostly inactive.  I check in once in a while though.  If you want to contact me, I have a contact form at my website, http://escratch.org

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#9 2011-06-16 20:21:20

veggieman001
Scratcher
Registered: 2010-02-20
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

gbear605 wrote:

veggieman001 wrote:

gbear605 wrote:


No, I'm saying it is OK AND ALLOWED to use it for private use, but not for commercial use.  Copyright holders have a RIGHT to sue you if you use it in a commercial usage.

That's like saying piracy is legal if you don't sell the song.

Look at the Pacman project that was removed from the scratch site.  I mean like that.

If you used portions of the song, but not the whole thing, that would be fair use. Also, Scratch is an educational programming site and the game was an original project using the Pac-Man characters, not a blatant ripoff.


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#10 2011-06-16 20:28:13

gbear605
Scratcher
Registered: 2008-03-06
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

veggieman001 wrote:

gbear605 wrote:

veggieman001 wrote:


That's like saying piracy is legal if you don't sell the song.

Look at the Pacman project that was removed from the scratch site.  I mean like that.

If you used portions of the song, but not the whole thing, that would be fair use. Also, Scratch is an educational programming site and the game was an original project using the Pac-Man characters, not a blatant ripoff.

Whatever, lets just stop arguing, as neither of us are lawyers.


Yeah, I'm mostly inactive.  I check in once in a while though.  If you want to contact me, I have a contact form at my website, http://escratch.org

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#11 2011-06-17 13:31:22

cheddargirl
Scratch Team
Registered: 2008-09-15
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

gbear605 wrote:

infinite_minus_zero wrote:

if you copy songs from a downloaded scratch project into your iTunes library and then put it on your iPod, does that count as Piracy, or anything illegal like that? thx!

It is totally legal because of "the “Fair Use” doctrine incorporated into the Copyright Act of 1976, 17 U.S.C. § 107", and "All projects shared on the Scratch website, as well as the Scratch support materials, are shared under the Creative Commons license with the conditions: Attribution - Share Alike." Which states: "You are free:

    * to Share — to copy, distribute and transmit the work
    * to Remix — to adapt the work
    * to make commercial use of the work" 
That would be sharing it.

However,
"Other Rights — In no way are any of the following rights affected by the license:

    * Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;" 
means that if it is protected by a copyright, then the copyright holder legally can sue you.  So, my answer to you, is, sure, you can use it for private use, but don't advertise that you got it for free or that you have not bought it.

TL;DR:
sure, you can use it, as long as you don't use it for commercial use.

DISCLAIMER: I IN NO WAY AM A LAWYER AND HAVE NO WAY IN TERMS OF LEGAL ISSUES AND HAVE NEVER GONE TO LAW SCHOOL

Actually, I believe it is illegal and does count as piracy. The idea of Creative Commons in terms of Scratch means sharing project material for the sake of remixing.

Downloading a project for the sake of ripping a song has nothing to do with Fair Use and Creative Commons in this case - rather, it falls into the category of piracy since you're stripping the educational idea behind the application of Fair Use and Scratch's remixing idea.

To add more of a wrench into the works, if the song is copyrighted by someone else other than the project owner, then Creative Commons does not extend to it at all and you can't use that as a defense that the music was obtained legally (aka, it doesn't count as sharing in this case). You might be lucky if you, say, rip the music from the project and then use it in a creation and claim Fair Use, but outside that (such as adding it on your mp3 player), not so much.

TL;DR: I believe the info in the original post is misinterpretation of Fair Use and Creative Commons.


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#12 2011-06-17 13:36:00

veggieman001
Scratcher
Registered: 2010-02-20
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

cheddargirl wrote:

gbear605 wrote:

infinite_minus_zero wrote:

if you copy songs from a downloaded scratch project into your iTunes library and then put it on your iPod, does that count as Piracy, or anything illegal like that? thx!

It is totally legal because of "the “Fair Use” doctrine incorporated into the Copyright Act of 1976, 17 U.S.C. § 107", and "All projects shared on the Scratch website, as well as the Scratch support materials, are shared under the Creative Commons license with the conditions: Attribution - Share Alike." Which states: "You are free:

    * to Share — to copy, distribute and transmit the work
    * to Remix — to adapt the work
    * to make commercial use of the work" 
That would be sharing it.

However,
"Other Rights — In no way are any of the following rights affected by the license:

    * Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;" 
means that if it is protected by a copyright, then the copyright holder legally can sue you.  So, my answer to you, is, sure, you can use it for private use, but don't advertise that you got it for free or that you have not bought it.

TL;DR:
sure, you can use it, as long as you don't use it for commercial use.

DISCLAIMER: I IN NO WAY AM A LAWYER AND HAVE NO WAY IN TERMS OF LEGAL ISSUES AND HAVE NEVER GONE TO LAW SCHOOL

Actually, I believe it is illegal and does count as piracy. The idea of Creative Commons in terms of Scratch means sharing project material for the sake of remixing.

Downloading a project for the sake of ripping a song has nothing to do with Fair Use and Creative Commons in this case - rather, it falls into the category of piracy since you're stripping the educational idea behind the application of Fair Use and Scratch's remixing idea.

To add more of a wrench into the works, if the song is copyrighted by someone else other than the project owner, then Creative Commons does not extend to it at all and you can't use that as a defense that the music was obtained legally (aka, it doesn't count as sharing in this case). You might be lucky if you, say, rip the music from the project and then use it in a creation and claim Fair Use, but outside that (such as adding it on your mp3 player), not so much.

TL;DR: I believe the info in the original post is misinterpretation of Fair Use and Creative Commons.

Thank you, cheddargirl. I was beginning to believe that I was insane.


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#13 2011-06-17 13:41:35

Harakou
Community Moderator
Registered: 2009-10-11
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

cheddargirl wrote:

gbear605 wrote:

infinite_minus_zero wrote:

if you copy songs from a downloaded scratch project into your iTunes library and then put it on your iPod, does that count as Piracy, or anything illegal like that? thx!

It is totally legal because of "the “Fair Use” doctrine incorporated into the Copyright Act of 1976, 17 U.S.C. § 107", and "All projects shared on the Scratch website, as well as the Scratch support materials, are shared under the Creative Commons license with the conditions: Attribution - Share Alike." Which states: "You are free:

    * to Share — to copy, distribute and transmit the work
    * to Remix — to adapt the work
    * to make commercial use of the work" 
That would be sharing it.

However,
"Other Rights — In no way are any of the following rights affected by the license:

    * Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;" 
means that if it is protected by a copyright, then the copyright holder legally can sue you.  So, my answer to you, is, sure, you can use it for private use, but don't advertise that you got it for free or that you have not bought it.

TL;DR:
sure, you can use it, as long as you don't use it for commercial use.

DISCLAIMER: I IN NO WAY AM A LAWYER AND HAVE NO WAY IN TERMS OF LEGAL ISSUES AND HAVE NEVER GONE TO LAW SCHOOL

Actually, I believe it is illegal and does count as piracy. The idea of Creative Commons in terms of Scratch means sharing project material for the sake of remixing.

Downloading a project for the sake of ripping a song has nothing to do with Fair Use and Creative Commons in this case - rather, it falls into the category of piracy since you're stripping the educational idea behind the application of Fair Use and Scratch's remixing idea.

To add more of a wrench into the works, if the song is copyrighted by someone else other than the project owner, then Creative Commons does not extend to it at all and you can't use that as a defense that the music was obtained legally (aka, it doesn't count as sharing in this case). You might be lucky if you, say, rip the music from the project and then use it in a creation and claim Fair Use, but outside that (such as adding it on your mp3 player), not so much.

TL;DR: I believe the info in the original post is misinterpretation of Fair Use and Creative Commons.

Exactly. Thanks for clearing this up.


http://www.blocks.scratchr.org/API.php?action=random&return=image&link1=http://i.imgur.com/OZn2RD3.png&link2=http://i.imgur.com/duzaGTB.png&link3=http://i.imgur.com/CrDGvvZ.png&link4=http://i.imgur.com/POEpQyZ.png&link5=http://i.imgur.com/ZKJF8ac.png

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#14 2011-06-17 14:35:46

gbear605
Scratcher
Registered: 2008-03-06
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

cheddargirl wrote:

gbear605 wrote:

infinite_minus_zero wrote:

if you copy songs from a downloaded scratch project into your iTunes library and then put it on your iPod, does that count as Piracy, or anything illegal like that? thx!

It is totally legal because of "the “Fair Use” doctrine incorporated into the Copyright Act of 1976, 17 U.S.C. § 107", and "All projects shared on the Scratch website, as well as the Scratch support materials, are shared under the Creative Commons license with the conditions: Attribution - Share Alike." Which states: "You are free:

    * to Share — to copy, distribute and transmit the work
    * to Remix — to adapt the work
    * to make commercial use of the work" 
That would be sharing it.

However,
"Other Rights — In no way are any of the following rights affected by the license:

    * Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;" 
means that if it is protected by a copyright, then the copyright holder legally can sue you.  So, my answer to you, is, sure, you can use it for private use, but don't advertise that you got it for free or that you have not bought it.

TL;DR:
sure, you can use it, as long as you don't use it for commercial use.

DISCLAIMER: I IN NO WAY AM A LAWYER AND HAVE NO WAY IN TERMS OF LEGAL ISSUES AND HAVE NEVER GONE TO LAW SCHOOL

Actually, I believe it is illegal and does count as piracy. The idea of Creative Commons in terms of Scratch means sharing project material for the sake of remixing.

Downloading a project for the sake of ripping a song has nothing to do with Fair Use and Creative Commons in this case - rather, it falls into the category of piracy since you're stripping the educational idea behind the application of Fair Use and Scratch's remixing idea.

To add more of a wrench into the works, if the song is copyrighted by someone else other than the project owner, then Creative Commons does not extend to it at all and you can't use that as a defense that the music was obtained legally (aka, it doesn't count as sharing in this case). You might be lucky if you, say, rip the music from the project and then use it in a creation and claim Fair Use, but outside that (such as adding it on your mp3 player), not so much.

TL;DR: I believe the info in the original post is misinterpretation of Fair Use and Creative Commons.

I thought about this more, and I think getting it this way is *better* than getting it pirated, as this, there is no real way for people to find out, and the person who shared the project had to have bought the song, but after thinking about it some more, i agree with you (plus you are a few years older than me)


Yeah, I'm mostly inactive.  I check in once in a while though.  If you want to contact me, I have a contact form at my website, http://escratch.org

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#15 2011-06-17 14:41:36

veggieman001
Scratcher
Registered: 2010-02-20
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

gbear605 wrote:

cheddargirl wrote:

gbear605 wrote:


It is totally legal because of "the “Fair Use” doctrine incorporated into the Copyright Act of 1976, 17 U.S.C. § 107", and "All projects shared on the Scratch website, as well as the Scratch support materials, are shared under the Creative Commons license with the conditions: Attribution - Share Alike." Which states: "You are free:

    * to Share — to copy, distribute and transmit the work
    * to Remix — to adapt the work
    * to make commercial use of the work" 
That would be sharing it.

However,
"Other Rights — In no way are any of the following rights affected by the license:

    * Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;" 
means that if it is protected by a copyright, then the copyright holder legally can sue you.  So, my answer to you, is, sure, you can use it for private use, but don't advertise that you got it for free or that you have not bought it.

TL;DR:
sure, you can use it, as long as you don't use it for commercial use.

DISCLAIMER: I IN NO WAY AM A LAWYER AND HAVE NO WAY IN TERMS OF LEGAL ISSUES AND HAVE NEVER GONE TO LAW SCHOOL

Actually, I believe it is illegal and does count as piracy. The idea of Creative Commons in terms of Scratch means sharing project material for the sake of remixing.

Downloading a project for the sake of ripping a song has nothing to do with Fair Use and Creative Commons in this case - rather, it falls into the category of piracy since you're stripping the educational idea behind the application of Fair Use and Scratch's remixing idea.

To add more of a wrench into the works, if the song is copyrighted by someone else other than the project owner, then Creative Commons does not extend to it at all and you can't use that as a defense that the music was obtained legally (aka, it doesn't count as sharing in this case). You might be lucky if you, say, rip the music from the project and then use it in a creation and claim Fair Use, but outside that (such as adding it on your mp3 player), not so much.

TL;DR: I believe the info in the original post is misinterpretation of Fair Use and Creative Commons.

I thought about this more, and I think getting it this way is *better* than getting it pirated, as this, there is no real way for people to find out, and the person who shared the project had to have bought the song, but after thinking about it some more, i agree with you (plus you are a few years older than me)

You saying that piracy is better than piracy? wut


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#16 2011-06-17 14:52:32

cheddargirl
Scratch Team
Registered: 2008-09-15
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

gbear605 wrote:

cheddargirl wrote:

gbear605 wrote:

It is totally legal because of "the “Fair Use” doctrine incorporated into the Copyright Act of 1976, 17 U.S.C. § 107", and "All projects shared on the Scratch website, as well as the Scratch support materials, are shared under the Creative Commons license with the conditions: Attribution - Share Alike." Which states: "You are free:

    * to Share — to copy, distribute and transmit the work
    * to Remix — to adapt the work
    * to make commercial use of the work" 
That would be sharing it.

However,
"Other Rights — In no way are any of the following rights affected by the license:

    * Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;" 
means that if it is protected by a copyright, then the copyright holder legally can sue you.  So, my answer to you, is, sure, you can use it for private use, but don't advertise that you got it for free or that you have not bought it.

TL;DR:
sure, you can use it, as long as you don't use it for commercial use.

DISCLAIMER: I IN NO WAY AM A LAWYER AND HAVE NO WAY IN TERMS OF LEGAL ISSUES AND HAVE NEVER GONE TO LAW SCHOOL

Actually, I believe it is illegal and does count as piracy. The idea of Creative Commons in terms of Scratch means sharing project material for the sake of remixing.

Downloading a project for the sake of ripping a song has nothing to do with Fair Use and Creative Commons in this case - rather, it falls into the category of piracy since you're stripping the educational idea behind the application of Fair Use and Scratch's remixing idea.

To add more of a wrench into the works, if the song is copyrighted by someone else other than the project owner, then Creative Commons does not extend to it at all and you can't use that as a defense that the music was obtained legally (aka, it doesn't count as sharing in this case). You might be lucky if you, say, rip the music from the project and then use it in a creation and claim Fair Use, but outside that (such as adding it on your mp3 player), not so much.

TL;DR: I believe the info in the original post is misinterpretation of Fair Use and Creative Commons.

I thought about this more, and I think getting it this way is *better* than getting it pirated, as this, there is no real way for people to find out, and the person who shared the project had to have bought the song, but after thinking about it some more, i agree with you (plus you are a few years older than me)

The piracy level is pretty much the same, whether the song is obtained from a Scratch project, YouTube video, or a file sharing website. It's grossly wrong to say that "the user bought the song and used it in his/her film/video/project so I can download it and use it however I want".

(And don't think it impossible for someone to find out if you're pirating songs through Scratch. On the internet where moves can be tracked digitally, anything can be tracked. If you want to play it safe, pay for songs or find websites where songs are released legally to the public for use).


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#17 2011-06-17 14:57:36

Harakou
Community Moderator
Registered: 2009-10-11
Posts: 1000+

Re: Is using songs copied from scratch programs for private use legal?

gbear605 wrote:

cheddargirl wrote:

gbear605 wrote:


It is totally legal because of "the “Fair Use” doctrine incorporated into the Copyright Act of 1976, 17 U.S.C. § 107", and "All projects shared on the Scratch website, as well as the Scratch support materials, are shared under the Creative Commons license with the conditions: Attribution - Share Alike." Which states: "You are free:

    * to Share — to copy, distribute and transmit the work
    * to Remix — to adapt the work
    * to make commercial use of the work" 
That would be sharing it.

However,
"Other Rights — In no way are any of the following rights affected by the license:

    * Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;" 
means that if it is protected by a copyright, then the copyright holder legally can sue you.  So, my answer to you, is, sure, you can use it for private use, but don't advertise that you got it for free or that you have not bought it.

TL;DR:
sure, you can use it, as long as you don't use it for commercial use.

DISCLAIMER: I IN NO WAY AM A LAWYER AND HAVE NO WAY IN TERMS OF LEGAL ISSUES AND HAVE NEVER GONE TO LAW SCHOOL

Actually, I believe it is illegal and does count as piracy. The idea of Creative Commons in terms of Scratch means sharing project material for the sake of remixing.

Downloading a project for the sake of ripping a song has nothing to do with Fair Use and Creative Commons in this case - rather, it falls into the category of piracy since you're stripping the educational idea behind the application of Fair Use and Scratch's remixing idea.

To add more of a wrench into the works, if the song is copyrighted by someone else other than the project owner, then Creative Commons does not extend to it at all and you can't use that as a defense that the music was obtained legally (aka, it doesn't count as sharing in this case). You might be lucky if you, say, rip the music from the project and then use it in a creation and claim Fair Use, but outside that (such as adding it on your mp3 player), not so much.

TL;DR: I believe the info in the original post is misinterpretation of Fair Use and Creative Commons.

I thought about this more, and I think getting it this way is *better* than getting it pirated, as this, there is no real way for people to find out, and the person who shared the project had to have bought the song, but after thinking about it some more, i agree with you (plus you are a few years older than me)

But this is still piracy... and who's to make claims about how the original source got the song? That's irrelevant anyway.


http://www.blocks.scratchr.org/API.php?action=random&return=image&link1=http://i.imgur.com/OZn2RD3.png&link2=http://i.imgur.com/duzaGTB.png&link3=http://i.imgur.com/CrDGvvZ.png&link4=http://i.imgur.com/POEpQyZ.png&link5=http://i.imgur.com/ZKJF8ac.png

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