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- (A) such advertisement, solicitation, or purchase order is not
materially false or misleading in its description of the publication;
- (B) such advertisement, solicitation, or purchase order
contains no material misrepresentation of fact: provided, however, that no
statement quoted or derived from the publication shall constitute a
misrepresentation of fact as long as such statement complies with the
requirements of subparagraphs (A) and (C); and
- (C) the advertisement, solicitation, or purchase order
accurately discloses the source of any statements quoted or derived from
the publication. Paragraph (3) shall not be applicable to any publication,
advertisement, solicitation, or purchase order which is used to sell some
other product in which the publisher or author has a financial interest as
part of a commercial scheme. For the purposes of this subsection, "state"
means a state of the United States, the District of Columbia, the
commonwealth of Puerto Rico, and any territory or possession of the United
States.
(3) an advertisement promoting the sale of a book or other
publication, or a solicitation to purchase, or a purchase order for any such
publication, if
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