The Binary Agora

albariberamartinez

The Binary Agora is an open space that serves as a meeting ground for legal tech discussions.

  1. 1 dzień temu

    #52 Computational Antitrust is Here to Stay w/ Dr. Thibault Schrepel

    In this episode, I discuss with Thibault Schrepel how computational antitrust is transforming legal standards and enforcement practices. He shares insights on the rapid adoption of AI tools by competition agencies, the benefits and challenges of automation, and the future of this evolving field. You can find the Stanford Computational Antitrust fifth report here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7386238. Throughout the episode, Thibault also happened to mention a few of his publications. Click on them directly in the links below: - 02:47, The Stanford Computational Antitrust reports for the last four years, co-edited alongside Teodora Groza; first report (https://law.stanford.edu/publications/the-adoption-of-computational-antitrust-by-agencies-2021-report/); second (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4476321); third (https://law.stanford.edu/publications/computational-antitrust-within-agencies-3rd-annual-report/) and fourth (https://law.stanford.edu/publications/computational-antitrust-worldwide-fourth-cross-agency-report/). - 04:09, His paper, co-authored alongside Alex Pentland on competition between foundation models: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4493900. - 04:23, His paper, co-authored alongside Teodora Groza on computing innovation competition: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4985079. - 05:03, His paper on adaptive regulation: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5416454. - 06:51, The podcast we recorded with the CADE Chair on the use of computational tools: https://open.spotify.com/episode/1EcVTR1KfzniU77skgo7NN?si=0c2c1222eae54f14. Key moments 00:00 Introduction to computational antitrust and Thibault Schrepel 01:04 The evolution of AI adoption in competition agencies 02:22 From theory to practice: AI tools in enforcement 03:32 The role of generative AI and foundation models 04:48 Computational tools and innovation competition 06:20 Benefits of automation: speed and breadth in investigations 08:44 Legal challenges and the gap between law and technology 11:48 Convergence of tools and best practices among agencies 14:53 Opportunities for smaller agencies through computational antitrust 16:45 Future directions: institutional design and global adaptation To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com. She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128. ________ The Binary Agora is on social media, where we upload and comment on dedicated content only for our subscribers. Stay tuned there, as well. - LinkedIn: https://www.linkedin.com/company/thebinaryagora/posts/?feedView=all - BlueSky: https://bsky.app/profile/thebinaryagora.bsky.social - TikTok: https://www.tiktok.com/@thebinaryagora - Instagram: https://www.instagram.com/thebinaryagora/ The views and opinions expressed by our guests are their own and do not necessarily reflect the official position of this podcast, its host, or any affiliated organisations.

  2. 4 dni temu

    #51 The Informant in Your Pocket: All Roads Lead to the Question of Spyware Misuse w/ Lena Riecke

    In this episode, I talk to Lena Riecke about the complex world of commercial spyware, its implications for privacy, democracy, and international security, and the challenges in regulating this powerful technology. Throughout the episode, Lena touches upon different developments that have taken place in the spyware market. Click on them below to access them directly: - 03:02, Commercial spyware like Pegasus: https://www.kaspersky.com/blog/commercial-spyware/50813/. - 03:31, Reports on spyware as systems that turn phones into 24-hour surveillance devices: https://media.un.org/unifeed/en/asset/d293/d2933358. - 04:09, Ron Diebert's book drawing similarities between nuclear weapons and weapons of mass destruction and spyware: https://www.managementboek.nl/boek/9781912836772/reset-ronald-j-deibert?srsltid=AfmBOoqX5W23yTSV_b6eVTFRzjrF7rdQRgVcKHUcq_PFkyK-yqFyzXEY. - 04:41, The Spanish Pegasus scandal: https://www.theguardian.com/world/2026/jan/23/spanish-court-drops-pegasus-spyware-case-again-israel-spain-nso. - 07:11, Reports on Hacking Team and FinFisher selling products to repressive regimes: https://www.eff.org/deeplinks/2015/08/hacking-team-leaks-confirm-what-arab-privacy-advocates-already-knew. - 07:21, Wassenaar Arrangement on certain spyware components: https://www.wassenaar.org/. - 07:50, US-led joint statement in 2023: https://2021-2025.state.gov/joint-statement-on-efforts-to-counter-the-proliferation-and-misuse-of-commercial-spyware/. - 07:55, Pall Mall process launched by France and the UK: https://www.gov.uk/government/publications/the-pall-mall-process-declaration-tackling-proliferation-and-irresponsible-use-of-commercial-cyber-intrusion-capabilities/the-pall-mall-process-tackling-the-proliferation-and-irresponsible-use-of-commercial-cyber-intrusion-capabilities. - 08:09, Pegasus used to target students and members of the pro-democracy movement in Serbia: https://citizenlab.ca/research/pegasus-spyware-infection-of-serbian-activist/. - 10:48, Lena Riecke's study on emerging international governance approaches: https://www.sciencedirect.com/science/article/pii/S2212473X26000635.- 13:58, NSO spending millions on lobbying: https://www.infosecurity-magazine.com/news/nso-group-spends-millions-lobbying/. - 14:02, Intellexa activity declining: https://www.icij.org/investigations/cyprus-confidential/predator-spyware-firm-intellexa-resurgent-after-u-s-sanctions/. - 14:08, Paragon contract with ICE paused on allegations of spyware misuse: https://www.business-humanrights.org/en/latest-news/usa-government-contract-with-spyware-vendor-paragon-solutions-under-review-due-to-human-rights-concerns/. - 14:25, Trump reinstates Paragon contract: https://www.accessnow.org/paragon-contract-spyware/. - 14:53, Pall Mall Process negotiating guidelines for responsible industry practices: https://www.gov.uk/government/news/uk-and-france-seek-views-on-commercial-cyber-intrusion-industry-practices. - 16:15, Sentencing of Intellexa officials recently in Greece: https://www.ekathimerini.com/news/1313941/high-ranking-spy-agency-officer-targets-intellexa-execs-over-illegal-wiretapping/. Key moments 00:00 Introduction to the episode and guest 00:23 What is commercial spyware and how does it differ from traditional surveillance? 01:13 The capabilities and intrusiveness of commercial spyware like Pegasus 02:01 Impacts on privacy, human rights, and democratic principles 04:30 Challenges in regulating the spyware market and why states struggle 06:31 The role of democracies and autocracies in spyware proliferation 08:45 Recent regulation efforts and their effectiveness 12:44 Future prospects and what is needed to better regulate spyware 16:46 Conclusion and key takeaways The views and opinions expressed by our guests are their own and do not necessarily reflect the official position of this podcast, its host, or any affiliated organisations.

  3. 9 wrz

    #50 Easy Prompting and Memorisation: Munich Ruling on GEMA v Suno w/ Prof. Dr. Jan Bernd Nordemann

    In this episode, we explore the implications of a landmark German court ruling on AI training and copyright law, featuring expert legal insights from Jan Bernd Nordemann. We discuss how AI models like Suno's infringe copyright, jurisdictional issues, and the evolving legal landscape for AI and intellectual property. Throughout the episode, we commented on the Munich Regional Court's ruling on GEMA v. Suno (available in German): https://www.gesetze-bayern.de/Content/Document/Y-300-Z-BECKRS-B-2026-N-17961. During our conversation, Jan also brought up a couple of cases that are relevant to the Court's ruling. Click on them directly using the links below: - 06:06, The CJEU's case law on the relevance of recognisability to determine whether we are before a reproduction, Joined Cases C-580/23 and C-795/23, Mio and Others: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62023CA0580. - 13:42, The US Supreme Court's case Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al: https://www.supremecourt.gov/opinions/22pdf/21-869_87ad.pdf. Key moments 00:00 Introduction to the German court ruling on Suno AI 01:05 Facts of the case: GEMA vs Suno 02:28 How Suno trained its model using YouTube content 03:10 German copyright infringements identified in the case 04:16 Memorized copies within Suno’s system and public access 06:39 US law considerations and fair use analysis 07:43 Reproduction and memorization in AI models 09:08 Jurisdictional issues and extraterritoriality 13:28 Impact of the ruling on fair use and AI training 14:31 Thresholds for retention and legal relevance 16:00 Prompting complexity and memorization boundaries 17:16 Output filters and their legal implications 18:18 AI due diligence obligations and strict liability 19:23 Future considerations for AI liability and care duties 20:10 Closing remarks and audience engagement To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com. She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128. ________ The Binary Agora is on social media, where we upload and comment on dedicated content only for our subscribers. Stay tuned there, as well. - LinkedIn: https://www.linkedin.com/company/thebinaryagora/posts/?feedView=all - BlueSky: https://bsky.app/profile/thebinaryagora.bsky.social- TikTok: https://www.tiktok.com/@thebinaryagora - Instagram: https://www.instagram.com/thebinaryagora/ The views and opinions expressed by our guests are their own and do not necessarily reflect the official position of this podcast, its host, or any affiliated organisations.

  4. 8 wrz

    #49 This is Not a Reproduction: The High Court of Delhi's ANI v. OpenAI w/ Dr. Andrés Guadamuz

    This episode explores the recent High Court of Delhi ruling on AI training and copyright infringement, featuring Andres Guadamuz, an expert in intellectual property law. We discuss jurisdiction, fair use, and the implications for global AI development. Find here the High Court of Delhi's ruling: https://www.nls.ac.in/wp-content/uploads/2024/11/ANI_vs_OPEN_AI.pdf. Here's Andres' comment on the case: https://www.technollama.co.uk/openai-wins-first-battle-in-ongoing-indian-copyright-lawsuit. Throughout the conversation, Andres remarked on a couple of related cases surrounding these same questions. Click on them directly by following the links below: - 01:50, The New York Times sues Microsoft and Meta: https://www.nytimes.com/2026/07/09/technology/new-york-times-openai.html. - 04:40, The Getty Images case resolved in the UK: https://www.judiciary.uk/wp-content/uploads/2025/11/Getty-Images-v-Stability-AI.pdf. - 08:30, The Bartz v. Anthropic case: https://copyrightalliance.org/wp-content/uploads/2025/06/Bartz-v.-Anthropic-Order.pdf. - 08:50, The Spanish court's VEGAP v Mango case: https://intellectual-property-helpdesk.ec.europa.eu/news-events/news/barcelona-court-rules-against-mango-over-use-famous-artworks-nfts-eu-trade-mark-dispute-nero-2025-06-27_en. Key moments 00:00 Introduction to the Case 01:06 Commonalities and Differences in Legal Cases 04:02 Jurisdiction and Its Implications 06:57 Fair Use and Global Standards 09:58 Outputs and Evidence in the Case 15:52 The Role of LLMs vs. Search Engines 19:55 Future Implications for Copyright and AI To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com. She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128. ________ The Binary Agora is on social media, where we upload and comment on dedicated content only for our subscribers. Stay tuned there, as well. - LinkedIn: https://www.linkedin.com/company/thebinaryagora/posts/?feedView=all - BlueSky: https://bsky.app/profile/thebinaryagora.bsky.social- TikTok: https://www.tiktok.com/@thebinaryagora - Instagram: https://www.instagram.com/thebinaryagora/ The views and opinions expressed by our guests are their own and do not necessarily reflect the official position of this podcast, its host, or any affiliated organisations.

  5. 3 wrz

    #48 A Jug of Settled-Down Juice: AI Guidelines on Transparency Obligations w/ Dr. João P. Quintais

    I discussed with João Pedro Quintais the European Commission's Guidelines on transparency obligations for providers and deployers of certain AI systems and the application of Article 50 of the EU AI Act more broadly. João also commented on how copyright considerations and history can make us aware of challenges that may arise in the context of the AI Act. To find the European Commission's Guidelines, see here: https://digital-strategy.ec.europa.eu/en/policies/guidelines-ai-transparency-obligations. Throughout the episode, João commented on some of the complementary guidance that AI providers can also take into account when implementing watermarking. To access them directly, click on the links below: - 01:55, Code of Practice on Transparency of AI-generated Content: https://digital-strategy.ec.europa.eu/en/policies/code-practice-ai-generated-content. - 06:11, The General-Purpose AI Code of Practice: https://digital-strategy.ec.europa.eu/en/policies/contents-code-gpai. - 06:11, The Guidelines for providers of general-purpose AI models: https://digital-strategy.ec.europa.eu/en/policies/guidelines-gpai-providers. - 11:23, Research indicating that identification of material as AI-generated can reduce its perceived accuracy: https://arxiv.org/html/2506.16202v2. - 12:27, Anthropic's approach to watermarking: https://www.anthropic.com/news/claude-text-watermark. Key moments 00:00 Introduction to EU AI transparency rules 00:25 João Pedro Quintais' background and research focus 01:07 Scope and application of Article 50 of the AI Act 01:55 The necessity of Guidelines and their legal space 02:48 Difference between Guidelines and the Code of Practice 04:25 Hierarchy of AI regulation: Law, Guidelines, and Codes 05:41 Institutional influence on digital regulation 06:24 Operational details in the Guidelines and ecosystem logic 07:54 Legal and technical governance fusion in AI regulation 08:58 Transparency, labeling, and trust in AI content 10:00 Provenance versus trustworthiness in AI labeling 11:14 Impact of labeling on perceptions of AI-generated content 12:05 Familiarity with AI and perception shifts13:14 Implementation of watermarking in AI systems 15:00 Robustness and detection challenges in watermarking 16:10 Technical and normative challenges in AI marking 17:28 Copyright law, authorship, and AI outputs 19:01 AI labeling as a legal and evidentiary signal 21:06 Influence of copyright and legal language in AI regulation 22:15 Closing remarks and future discussions in AI law To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com. She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128. ________ The Binary Agora is on social media, where we upload and comment on dedicated content only for our subscribers. Stay tuned there, as well. - LinkedIn: https://www.linkedin.com/company/thebinaryagora/posts/?feedView=all- BlueSky: https://bsky.app/profile/thebinaryagora.bsky.social - TikTok: https://www.tiktok.com/@thebinaryagora - Instagram: https://www.instagram.com/thebinaryagora/ The views and opinions expressed by our guests are their own and do not necessarily reflect the official position of this podcast, its host, or any affiliated organisations.

  6. 1 wrz

    #47 Visibility is Only One Dimension of Competition: The Google Shopping Case w/ Dr. Steffen Sirries

    Stemming from their paper deriving from a dataset of 1.2 million searches run by Steffen Sirries (alongside Paul Henri Püplichhuisen), we discuss how visibility is important in competition but it's not the solution to all competitive problems. We analyse such considerations from the perspective of the Google Shopping case, which Steffen is working on extensively. If you'd want to read Steffen's paper in detail, find it here: https://academic.oup.com/jcle/advance-article/doi/10.1093/joclec/nhag022/8734216.On the episode, we also remarked on the main milestones surrounding the Google Shopping case. Click on them directly via the links below: - 00:04, The European Commission issues an 890 million fine against Google for a breach of Article 6(5) DMA: https://digital-markets-act.ec.europa.eu/commission-fines-google-eur890-million-breaches-digital-markets-act-2026-07-23_en.- 00:44, The European Commission's initial decision on the Google Shopping case under Article 102 TFEU: https://competition-cases.ec.europa.eu/cases/AT.39740. - 06:29, In March 2024, Google introduced the product website box: https://www.searchenginejournal.com/google-rolling-out-changes-to-shopping-searches-in-europe/511881/.Key moments00:00 Introduction to Google and the DMA enforcement00:46 Overview of Google's self-preferencing conduct01:36 Empirical findings on the DMA's effectiveness02:38 Interpreting the 20% visibility increase05:05 Distinction between product websites box and product viewer08:10 The whack-a-mole enforcement challenge08:28 Broader implications for digital markets09:41 Limits of remedies and future challenges13:21 What a compliant Google search page should look like15:05 Measuring long-term contestability and innovationTo learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com.She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128.________The Binary Agora is on social media, where we upload and comment on dedicated content only for our subscribers. Stay tuned there, as well.- LinkedIn: https://www.linkedin.com/company/thebinaryagora/posts/?feedView=all- BlueSky: https://bsky.app/profile/thebinaryagora.bsky.social- TikTok: https://www.tiktok.com/@thebinaryagora- Instagram: https://www.instagram.com/thebinaryagora/The views and opinions expressed by our guests are their own and do not necessarily reflect the official position of this podcast, its host, or any affiliated organisations.

  7. 27 sie

    #46 Cross-Sectoral and Cross-Border Cooperation in Digital Regulation w/ Dr. Belle Beems

    This episode explores the complex overlap of EU competition law, GDPR, and digital regulation, featuring Professor Belle Beams. We discuss institutional frameworks, cross-disciplinary cooperation, decentralisation, and future enforcement challenges in digital markets. Throughout the episode, Belle and I highlighted several developments that have taken place in the space of the framework of collaboration in digital regulation. Click on them directly by following the links below: - 00:50, Belle's PhD on 'The interaction between enforcers of competition law, the DMA and the GDPR. An inquiry into the coherence of enforcement across legal domains': https://repository.ubn.ru.nl/bitstream/handle/2066/327183/327183pos.pdf?sequence=4. - 01:28, The Court of Justice's bpost ruling (Case C-117/20): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62020CJ0117. - 03:09, The Court of Justice's Nordzucker ruling (Case C-151/20): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62020CJ0151. - 04:09, The Court of Justice's Meta v. Bundeskartellamt ruling (Case C-252/21): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62021CJ0252. - 11:09, The introduction of new GDPR procedural rules for cross-border cases: https://www.europarl.europa.eu/thinktank/en/document/EPRS_ATA(2025)777953. - 13:56, My paper on 'The Decentralisation of EU Regulation': https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6479620. - 17:40, The scrutiny of Booking.com's MFN clauses: https://ga-p.com/wp-content/uploads/2018/07/hotel-online-bookings-and-mfn-clauses-can-online-platforms-demand-the-best-deal.pdf. - 18:37, The Italian competition authority's case against Meta's integration of Meta AI chatbot in WhatsApp: https://en.agcm.it/en/media/press-releases/2025/12/A576. - 19:29, The Spanish competition authority's case against Booking.com for the unfair trading conditions it imposes on the hotel sector: https://www.cnmc.es/sites/default/files/5555287.pdf. Key moments 00:00 Introduction to Digital Platforms and Law 01:08 Understanding Overlaps in Legal Frameworks 03:55 The Principle of Sincere Cooperation 09:53 Challenges in Cross-Border Collaboration 12:36 Institutional Design and Enforcement 14:11 Decentralisation vs. Centralisation in Enforcement 24:56 The Concept of a European Super Regulator To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com. She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128. ________ The Binary Agora is on social media, where we upload and comment on dedicated content only for our subscribers. Stay tuned there, as well. - LinkedIn: https://www.linkedin.com/company/thebinaryagora/posts/?feedView=all - BlueSky: https://bsky.app/profile/thebinaryagora.bsky.social - TikTok: https://www.tiktok.com/@thebinaryagora - Instagram: https://www.instagram.com/thebinaryagora/ The views and opinions expressed by our guests are their own and do not necessarily reflect the official position of this podcast, its host, or any affiliated organisations.

  8. 25 sie

    #45 The Digital Omnibus, A Shift Towards Self-Regulation w/ Dr. Itxaso Domínguez de Olazábal

    In this episode, we explore the European Union's digital omnibus proposal, its implications for digital regulation, data protection, and AI. Itxaso shares her insights on deregulation, fundamental rights, and the future of digital law in Europe. Throughout the episode, Itxaso remarked on a few developments that have taken place surrounding digital regulation. Click directly on them below: - 00:22, The EU's Digital Omnibus: https://digital-strategy.ec.europa.eu/en/library/digital-omnibus-regulation-proposal. - 02:26, Omnibus IV: https://single-market-economy.ec.europa.eu/publications/omnibus-iv_en. - 03:53, The Draghi report: https://commission.europa.eu/topics/competitiveness/draghi-report_en. - 06:02, The European Commission's Better Regulation Guidelines: https://commission.europa.eu/law/law-making-process/better-regulation/better-regulation-guidelines-and-toolbox_en. - 15:30, Debiasing in AI needs less (and not more) data: https://news.mit.edu/2024/researchers-reduce-bias-ai-models-while-preserving-improving-accuracy-1211. - 19:04, Anthropic buys and destroys millions of print books to source its AI models: https://www.theguardian.com/commentisfree/2026/aug/05/anthropic-ai-destroying-books. - 20:39, Evidence pointing to an AI bubble: https://arxiv.org/html/2606.01575v1. - 28:15, The Helsinki Statement: https://www.edpb.europa.eu/documents/reports-statements-and-letters/the-helsinki-statement-on-enhanced-clarity-support-and_en. Key moments 00:00 Introduction to the Digital Omnibus 01:13 Disagreement with the European Commission on Deregulation 02:20 The Broader Political Trend of Deregulation in the EU 04:00 Impact of Omnibus on Fundamental Rights and Impact Assessments 07:19 GDPR Changes and Risks to Data Protection 13:36 AI Regulation and Data Processing in the Omnibus 16:48 The Shift in AI Data Use and Legal Uncertainty 22:34 EU Competitiveness and the Real Challenges 27:26 Supporting Meaningful Simplification and Regulation 30:21 Innovative Solutions for Privacy and Data Rights To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com. She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128. ________ The Binary Agora is on social media, where we upload and comment on dedicated content only for our subscribers. Stay tuned there, as well. - LinkedIn: https://www.linkedin.com/company/thebinaryagora/posts/?feedView=all - BlueSky: https://bsky.app/profile/thebinaryagora.bsky.social - TikTok: https://www.tiktok.com/@thebinaryagora - Instagram: https://www.instagram.com/thebinaryagora/ The views and opinions expressed by our guests are their own and do not necessarily reflect the official position of this podcast, its host, or any affiliated organisations.

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O programie

The Binary Agora is an open space that serves as a meeting ground for legal tech discussions.

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    albariberamartinez
  • Lata aktywności
    2026
  • Odcinki
    53
  • Klasyfikacja
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    © albariberamartinez
  • Witryna programu
    The Binary Agora