Luxuriousity - OSS Application Scammer
January 19, 2006 on 3:05 pm | In Linux |
The admin at Luxuriousity has become my latest source of irritation - “Why?”, you may ask? Because he has just changed the names of common OSS applications like OpenOffice.org, Audacity and The GIMP and is selling them as if they are his own products.
For example:
OpenOffice.org | Luxuriousity Office Professional, $29.99 download
The GIMP | Luxuriousity The Photographer’s Dream Professional, $19.99 download
Audacity | Luxuriousity Multi-Track Music Studio Professional, $12.99 CD-ROM
VLC | Luxuriousity Media Player, $29.99 download
It is clearly visible from some of the images on the site that the actual names in the applications themselves have not been altered, and no extra features have been added, but they are still being sold under a completely different and unrelated name. No credit is given to any of OpenOffice.org’s, The GIMP’s, Audacity’s and the other stolen apps’ developers for all their hard work. A copy of the GPL (under which all the original applications are licensed) is not included with the ‘Luxuriousity’ applications, and so this is a direct violation of the GPL:
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
He also offers none other than 12 copies of OpenOffice.org, each with a different name. Heck, he even called one of them ‘Email Document Viewer’! This is the same with the other applications, and it misleads anyone visiting the site.
He definitely cannot sell MySQL as “SQL Server”, as the MySQL site claims:
“MySQL Products are available under the “dual licensing” model. Under this model, users may choose to use MySQL products under the free software/open source GNU General Public License (commonly known as the “GPL”) or under a commercial license. ISVs and Resellers, who are embedding and reselling MySQL as part of their own commercial solutions, can purchase a MySQL commercial license. ”
And any references whatsoever to the source? Ah, one to Sun:
“Luxuriousity Office Professional is a specially packaged and supported version of Sun’s marvelous Microsoft Office compatible software, and our package is designed especially for the consumer, small business, educational, and religious institution markets.
Luxuriousity Office Professional has been brought to you to help you escape the excessive costs of buying a bloated Microsoft program while helping Sun Microsystems at the same time! In order for Sun Microsystems to take on Microsoft and sell their own Office application, they need to build world-wide support for this program.”
I’d like to point out that OpenOffice.org is clearly not Sun’s software, but Open Source software which is contributed to by Sun. And what’s all that rubbish about it being a ’specially packaged and supported version’?! They are most probably the original packages which have just been downloaded off the OpenOffice.org site.
What’s more, the links on the ‘Support’ page have some external links! For example: “How do I use Microsoft Access databases from Luxuriousity Office?” - the answer to that is a link to OpenOffice.org’s FAQ’s; and “Where is the documentation and tutorials for LuxuriousityPhoto?” has links to online tutorials for The GIMP. But wait a minute - aren’t those meant to be tutorials for LuxuriousityPhoto?
I have sent an email requesting the source code for Luxuriousity Office Professional. Guess what? No reply. The site is really badly designed, which reflects on the kind of guy he is - a scammer with no sense of dignity or respect, and who breaks the barrier of standard human ethics. He deserves everything that comes his way - and I don’t mean money.
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The site now comes up as “under maintenance” and says that we should come back later.
You should still knock out an email to the FSF.
Comment by ray — January 19, 2006 #
Mozilla Firefox 1.5 on
Linux
Using
“I’d like to point out that OpenOffice.org is clearly not Sun’s software, but Open Source software which is contributed to by Sun.”
I think Sun may be less a contributor and more like a vulture with its claws dug in. The recent programmer comments made on an OOo issue I entered YEARS ago and which is only now being addressed suggest that the problem could have been fixed long ago, but Sun’s lack of cooperation obstructs progress. If Sun was merely a contributor they shouldn’t be able to interfere and bog down the community like this.
http://qa.openoffice.org/issues/show_bug.cgi?id=4925
Thanks, Ken.
Comment by Ken Jennings — January 19, 2006 #
Mozilla Firefox 1.0.7 on
SuSE Linux
Using
Ray: I was thinking about it, but the FSF will probably pick it up anyway - they’re bound to find it after a while. I wonder what the site is “Under maintenance” for…
Ken: Hi - I didn’t know Sun was so deep into the project! But still, while that issue (which as you said should have been fixed years ago) does show Sun’s involvement, it is because of thousands of developers worldwide that OO.org has become what it now is. I’ve skimmed through the issue you submitted, but I couldn’t find where Sun was inhibiting its progress - although I saw that a patch has recently been made and will (supposedly) be in the upcoming 2.0.3 release.
Comment by J_K9 — January 19, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
Searching for “luxuriousity” in google and accessing the website through google’s Cached Pages works. The rest of the site seems to be working fine … looks like he’s just taken the main page down!
Comment by Vik — January 19, 2006 #
Mozilla Firefox 1.5 on
Linux
Using
Sun bought the StarOffice from the German company Star Division and released it as open source and cleaned it up. I think it is unreasonable to have such a harsh view of Sun in this regard. Sun gave us OpenOffice - let’s be thankful.
Comment by Thomas — January 19, 2006 #
Mozilla Firefox 1.5 on
Linux
Using
Vik - Good point (I cleared my cache and now I’ve realised that Ray is right - it’s still under construction).
What I don’t understand is why this guy had to rename everything as if they are products that he himself coded - and only someone looking at the fine print would actually notice that they are not his. Even then - he is ripping people off! Charging them $30 to download something they could download for free? It’s abominable…
Comment by J_K9 — January 19, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
They are a post office box:
Luxuriousity, Inc.
pmb#442
Post Office Box 5670
Santa Monica, CA 90409-5670
If you send your money to a post office box so they can send you a CD of stolen software (that you can download for nothing)- you get what you deserve. “Walk away with great bargains” at Luxuriousity . I’m sending them my money:)
Comment by Dan — January 19, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
I thought US law forbid selling anything on a web site without a physical mailing address? That is, posting only a post office box is not allowed.
And by the way, the web site is up with no construction notice right now!
Jim
Comment by Jim — January 19, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
Wow! It’s amazing how audacious people can be. Usually I’m willing to give a company the benefit of the doubt, (maybe they’re just clueless, some manager tried to push the limits or something), but this site is truly a poster child for GPL scammers. For one thing, next to their “great software” they also offer weight loss stuff? You’d pretty much have to be a braindead scammer yourself to buy into their sales pitch, with no real contact information, the interesting variety of products they offer (hypnosis?), and the overly enthusiastic (the the point of funny) “customer praise”. Somebody should archive this site for future reference before this “company” gets shut down…
Comment by scott_R — January 19, 2006 #
Mozilla Firefox 1.5 on
Debian GNU/Linux
Using
I do not want to defend this guy. But he can certainly sell MySQL if he wants to.
MySQL AB licensed it as GPL and cannot prevent him selling copies for a fee as long as the copies are also GPL and fullfill the requirement of the GPL.
Comment by Niels Elgaard Larsen — January 20, 2006 #
Mozilla Firefox 1.5 on
Debian GNU/Linux
Using
They’re back up again…..and it’s as bad as you say.
Comment by tannhaus — January 20, 2006 #
Mozilla Firefox 1.5 on
Fedora Linux
Using
He’s using PayPal to take money. Just send complaints to paypal… multiple reports that he’s using his paypal service to commit fraud will likely get his account frozen and his money tied up in limbo. Shut him down, it will.
Comment by Grogan — January 20, 2006 #
Mozilla Firefox 1.5 on
Linux
Using
Jim: I’m not too sure about US law (I’m not American ;)) but that sounds about right.
I also think the supplied phone number is fake, so there’s no point trying to call him to tell him what a selfish _ he is.
Niels: I’m pretty sure he cannot sell MySQL - because he isn’t providing the source code (not even on request!) which means that he can’t be using the GPL. Therefore, he must be using the Commercial licence:
But I doubt this guy’s actually bought the Commercial License, which means he’s going against MySQL’s policy.
So everyone, shall we target his PayPal account, website’s bandwidth or shall we all email the FSF to complain? One of them’s bound to work!
Comment by J_K9 — January 20, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
we could /. him, it should make an impact on his bandwith
Comment by ZaphyR — January 20, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
Help me figure this out:
1. He’s re-selling rebranded GPL software (allowed under GPL, correct?).
2. However, he’s really not giving the changes made (required under GPL) since he’s changed the name of the software.
3. Right now, there is no link directly to find HIS source code; after all, he did change the name, thus changed the file, thus is required to make the source code reasonably accessible to those who have purchased the software. Does anyone know if you purchase the software if the source or access to the source comes with it?
I’m probably missing something else here as well.
I agree - drop a line to FSF and see what they think about this one.
Comment by Tom — January 20, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
ZaphyR: Good idea! Or I guess we could all just download the largest file on his site, delete it, and do the same thing again in a constant loop - that’d get it going nice’n’sluggy
Tom: I have asked a guy who bought it, and apparently it does not bring the source code (which violates the GPL). But even if it did, what this guy’s doing is just immoral…. anyhoo, I’ll contact the FSF to see what I can do! Join in if you’d like - the more support we can get, the greater chances we have of taking him out!
Comment by J_K9 — January 20, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
well, I submitted it to /. now, lets hope it has some effect at least
I’ll also contact FSF later on
Comment by ZaphyR — January 20, 2006 #
Mozilla Firefox 1.0.7 on
Linux
Using
This is insanely unethical. As much as we could talk about the legality of this, it’s not doing any good. Someone from Santa Monica, CA should scope out that post office and wait for that guy. Then; take pictures and put cool text on the photos with “his software,” and post back to us. It’d be nice to put a face on the most hated guy in the OSS community since Darl McBride.
Comment by Steven — January 20, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
Haha - we overran their bandwidth limit!

I’m in the process of compiling an email to the FSF anyway…
Comment by J_K9 — January 20, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
Ok, well his name is Mark Terwilliger and there are no people under that name from California. But, I did find a location with that name within reasonable driving distance: Chandler, AZ. But, there is also a guy with that name in Oregon. But, Santa Monica is slightly too far away to be reasonable.
Here we go:
Terwilliger, Mark & Janet
Chandler, AZ 85248
480-883-9317
…and the one from OR….
Terwilliger, Mark
30177 SE Eagle View Dr
Eagle Creek, OR 97022
503-637-6417
Comment by Steven — January 20, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
just call ‘em and ask!
“Bandwidth Limit Exceeded
The server is temporarily unable to service your request due to the site owner reaching his/her bandwidth limit. Please try again later.
Apache/1.3.34 Server at www.luxuriousity.com Port 80″
Comment by ZaphyR — January 20, 2006 #
Mozilla Firefox 1.0.7 on
Linux
Using
Good detective work Steven - SamSpade didn’t provide half as much info (even searching different databases!)
Now that’s what I’m talking about!
Was it Slashdotted or something? Lol…
Comment by J_K9 — January 20, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
My email to the FSF:
And their reply:
So, I’m beginning those emails as soon as I finish my supper! Hopefully this guy will be stopped permanently.
Comment by J_K9 — January 20, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
new message on Luxuriousity.com now:
“System is currently down.”
Comment by ZaphyR — January 20, 2006 #
Mozilla Firefox 1.0.7 on
Linux
Using
Yeh - I wonder what has happened. :S
I guess we’ll just have to wait and see…
Comment by J_K9 — January 21, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
Cute trick. Replace the toplevel page with “System is currently down.” & folks might go away.
http://www.luxuriousity.com/support.htm
Comment by Erik Jan Tromp — January 21, 2006 #
Dillo 0.8.5
Using
I saw that site on LQ a while ago. Somebody should put that guy down. The sheer audacity took my breath away when I first saw that scam!
Comment by hari — January 21, 2006 #
Mozilla Firefox 1.4 on
Windows 98
Using
Erik: You’re right, the pages have all been put back up except for the index. eg Office Professional for Mac.
Hari: Really? I haven’t had too much time to go on LQ the past few days… Hopefully I’ll be back on soon
But yeah, I find it incredible that this guy’s got the nerve to do this!
Anyway, I contacted The GIMP, Audacity, and MySQL. I’ve still got to contact VLC, and I was unable to contact OO.org because they’ve only got mailing lists - although Sun do have a contact form (could someone please do that one for me? I can’t access sites with SSL from here… please just quote the email I sent to the FSF and their reply, with a little note saying that you were asked to inform them - thanks!).
I will try to get in touch with VLC as soon as possible.
Comment by J_K9 — January 21, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
Update on the war front: I have contacted VLC.
I have also received a reply from G. Andrews in response to my email to the Audacity mailing list (I have also contacted the project leader):
Comment by J_K9 — January 21, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
Another update: Response from Dominic (Audacity maintainer):
But that’s the thing - what can we do? Unless we constantly use up their bandwidth (which is only a temporary solution) then we can’t do anything. Letting people know? What’s the point - they’re more likely to find Luxuriousity on Ebay than this site explaining why not to go there. I’m not going to do anything illegal, and legal action is also out of the question….so are we stuck with these guys and their scams?
A blog post by Derk-Jan Hartman of VLC:
Comment by J_K9 — January 24, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
I can’t believe that there is nothing we can do.
http://gpl-violations.org/
http://www.gnu.org/licenses/gpl-violation.html - says this “Note that the GPL, and other copyleft licenses, are copyright licenses. This means that only the copyright holders are empowered to act against violations. The FSF acts on all GPL violations reported on FSF copyrighted code, and we offer assistance to any other copyright holder who wishes to do the same.”
http://www.fsf.org/licensing/licenses/gpl-faq.html - may also be of help
From http://www.fsf.org/licensing/licenses/gpl-faq.html#ReportingViolation
“What should I do if I discover a possible violation of the GPL?
You should report it. First, check the facts as best you can. Then tell the publisher or copyright holder of the specific GPL-covered program. If that is the Free Software Foundation, write to . Otherwise, the program’s maintainer may be the copyright holder, or else could tell you how to contact the copyright holder, so report it to the maintainer.”
There are things that can be done, but it may be better for all the licensees to get together and acto together. Or talk to Sun and get thm to spearhead the whole thing
Comment by ray — January 24, 2006 #
Mozilla Firefox 1.0.7 on
Windows XP
Using
Thanks for that info. It looks like we’re going to have to get Sun into this then - shall we send them an email? I can’t because SSL is a no-no in this network, so I can’t access their contact form. Could someone else please do it for the community?
It’s about time Luxuriousity went down - at least we’re steering most people away by forcing them to remove their index page. It’s a step forwards…
Comment by J_K9 — January 25, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
I think it wise to get Sun involved: they have more legal muscle and PR muscle than anyone else affected.
Comment by ray — January 25, 2006 #
Mozilla Firefox 1.0.7 on
Windows XP
Using
Yup… I think they will pay more attention to us if we email them en masse.
If they’re willing to help, we’ll have Luxuriousity out of the picture pretty soon - and stop more people getting robbed of their money.
Comment by J_K9 — January 25, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
If I could find a link, I’d report them. Sun don’t seem to have any links for reporting violations like this.
Comment by ray — January 25, 2006 #
Mozilla Firefox 1.5 on
Linux
Using
Yep - I ended up sending mine to users@openoffice.org. I hope it gets the attention it deserves (I’m not even sure if that’s a related address for our problem). Found it here.
Comment by J_K9 — January 25, 2006 #
Mozilla Firefox 1.5 on
Windows XP
Using
I bought all of his CDs, and guess what? The license and the source code and links to the source code and a source code written offer are included on the CD. It seems to me that this is perfectly legal and, in fact, encouraged by the GPL. I can’t imagine why the opensource community is trying to shut down somebody who is distributing their code to people who haven’t already downloaded it free. I’m not sure what everybody is reporting about them? Sun DID write openoffice, and mySQL doesn’t want people to use their brand name. Developers DO want customers pointed to their websites, whether they downloaded the software free or paid for it. A long time ago Richard Stallman tryed to differenciate “free beer” from “freedom”. GPL software is not free beer; it is being offered to distributors with the freedom to modify or distribute it. This notion that he’s in violation of the GPL is ludicrous.
Comment by dan — January 30, 2006 #
Internet Explorer 6.0 on
Windows XP
Using
Dan - Point taken, but you are not taking into account the fact that this guy is ripping people off seriously. They could download all of those programs off the internet legally, and if not they could buy $5 CDs to be shipped. But this guy is selling them for nothing less than $29 under another name, which fools the public and steals their money. And if he is not violating the GPL, he is violating morality.
Trust is one of the most important factors in everybody’s life. I guess I find it hard to believe that so many people lack it.
Comment by J_K9 — January 31, 2006 #
Internet Explorer 6.0 on
Windows XP
Using
I wish I would of seen this earlier i got sucked into buying the product from Lux…. I can not find how I payed through Paypal they of course have no record of this. Well I guess I learned a lesson. Thanks for this page
Comment by JP — February 5, 2006 #
Netscape 7.2 on
Windows XP
Using
J_K9 - Point taken, but then Novell and RedHat in your opinion are also ripping people off seriously. Red Hat’s stock is 28.32; how dare they make money off opensource! Novell’s is 9.53, damn them! People could download all those programs off the internet legally, and if not they could buy them for $5 CDs to be shipping. But these guys are selling them for lots more and with their own brand names, which, in your opinion, fools the public into thinking they couldn’t download them cheaper off the internet. That must violate “morality”. Plus it really pisses me off! Damn those cell phone companies that use opensource to run their cell phones…Immoral! We should buy the chips and build the phones ourselves and load free software on them. Damn those guys paying for listings on Ebay, they should pay for the listings and tell the people where to download software for free. Did cha ever consider that um…..um…duh…the people need some technical support…or um…duh…they need the paid marketing to even know about these products in the first place? You wanna pay for advertising and give your product away free? Richard Stallman is genius…you on the other hand…well, it’s kinda obvious. Get a life.
Comment by Dan — February 5, 2006 #
Internet Explorer 6.0 on
Windows XP
Using
JP - No problem.
I’m sorry you got caught though…
Dan -
If you’d read my post or even these comments, you would have realised that Luxuriousity are NOT offering support for those products. As for the second part, when they buy Luxuriousity they don’t know and probably never find out that the products sold by Luxuriousity are not proprietary products, but actually software they could have downloaded. Please think before you type.
How did Red Hat and Novell come into this? Distribution vendors are a completely different story - they actually change GNU/Linux to include certain applications and some different tweaks and configurations. Some distros are made for servers, others for home users, other for multimedia specialists, you get the picture.
Once again, please form a coherent argument before you comment.
Comment by J_K9 — February 5, 2006 #
Mozilla Firefox 1.5.0.1 on
Windows XP
Using
While I’m well aware that the free software licenses allow you to charge money for distribution, what bothers me seemingly more than others is how the products are being misrepresented on the website. Perhaps the licensing info is intact in the packages, but to me you still should not be able to misrepresent things at the front end like that. Most people would not read deep enough to see that it isn’t really “Luxuriosity’s software”. To me that is what should be most fraudulent about this but it seems that it’s the least of the wrongs from a legal standpoint.
Comment by Grogan — February 6, 2006 #
Mozilla Firefox 1.5.0.1 on
Linux
Using
Grogan - precisely. He’s tricking hundreds of people into believing that the software he’s selling really is a Luxuriousity product, and that they are paying for what the Luxuriousity team must have spent hours working on.
But, as you said, the GPL doesn’t really mention this, so we cannot hold it against this guy.
Comment by J_K9 — February 12, 2006 #
Mozilla Firefox 1.5.0.1 on
Windows XP
Using
Wow…IF (there are many assumptions being made) this guy is doing something wrong then, how come the original software developers aren’t all over this guy? Why is it your duty to defend their hard work if they aren’t doing it themselves? Have they asked for assistance to stop this guy? Why not? Could it be that the guy just might not be violating anything to the degree that everyone seems to be so overjoyed at assuming?
Don’t get me wrong (I’m sure many of you will anyway), I’m not defending the guy. IF what he’s doing is wrong then by all means, bring him down…HARD. But, what if you are wrong in your assumptions? What if this guy is just as decent a guy as you seem to think yourself to be? The only difference is, he made some simple mistakes in interpreting the license. Then again, he could be the jerk everyone is assuming…we don’t know yet.
My point is this, with all the eager-beaver efforts made to get this guy, you place yourselves in the position of being a much bigger a$$hole than you claim he is. Tracking down his home address, phone number, trying to get a photo of the guy, wanting to secretly watch his PO Box, posting any and all personal info about the guy and his family onto the internet…that’s a bit much don’t you think. You’re worse than you claim him to be. Even if he is guilty, that doesn’t give you the right to violate him and his family’s privacy. You should be prosecuted as well. I hope they (the authorities, not you — who made you the authority?) catch him (if he’s guilty) and I hope they catch you as well because you have already crossed the line with your overzealous self-righteousness.
Comment by Kernon — July 15, 2006 #
Mozilla Firefox 1.5.0.4 on
Windows XP
Using
Wow, if you really think I believe and/or said all that, then you are in fact far more fucked up than I am. Take the time to read all of my posts before calling me a bigger asshole than he is, alright? I never said that he’s an asshole - but I do disagree with what he is doing.
If you cannot be bothered to speak to me formally, and instead accuse me of saying (or having the intention of doing) some things to ruin his life, then all I can do is tell you to re-read this page, and go out for a cup of coffee.
And if your comments were directed at a select few of the people who have commented on this post, then please state their names - a generalisation like the one you made is completely unnecessary.
Comment by J_K9 — July 15, 2006 #
Mozilla Firefox 1.5.0.4 on
Windows XP
Using
I wish I had found this thread ~20 min ago. I just purchased the Karaoke software for a class project and couldn’t believe it’s resemblance to Audacity. I have Audacity already and unless your recording is in stereo it’s very difficult to strip the audio out.
I’m filing a complaint with paypal - I want a refund.
Comment by Nicole — November 1, 2006 #
Internet Explorer 6.0 on
Windows XP
Using
Back to the Novell/Red Hat complaint: Red Hat + Novell make no secert you can get their products for free: Fedora and OpenSuse, and also CentOS and not bothering to register SLED.
But marketing GPL software as your own work and charging for it is plain immoral.
Comment by Gunny — November 2, 2006 #
Mozilla Firefox 2.0 on
Windows XP
Using
My husband and I paid for by debit card and downloaded the software to remove vocals from music. It says there is a money back guarantee but I have not found a way to contact Luxuriosity. Did I see in one of the posts above that someone has an email from them. I’m sure we have been totally scammed but thought I would try to contact them.
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