Wizards of the Coast has sent a cease-and-desist letter resulting in the closing of popular fan site “Ema’s Character Sheets.” As usual, they refuse to comment on that action or commit to actually delivering a fan site policy so that people might be able to operate safely.
Ema’s Character Sheets had loads of high quality character sheets for 3.5e, 4e, Star Wars, and other games. They had 4e power cards, too. You could even save your characters up on their server for a fee, and they had a character builder functionality. Which was all great, and has been running without comment for years, until WotC finally got their 4e Character Builder done, then it’s nap time for the competition.
The worst thing about all this is that Wizards is going after folks without even delivering the policies that should let people know if they’re “safe” or not. The GSL revamp, the fan site policy – all in limbo for months with nothing but statements like “Well, it’s not really that important” from Scott Rouse.
Sure, the data Ema’s site (and hundreds of other sites across the Internet) was using is Wizards IP. They certainly have the “legal right” to go after anyone so much as saying the words “Dungeons & Dragons” on their site. But the point of the gaming community is to let people use that IP to advance the game. Rouse says “Oh, you know, we only really care about pirate sites posting whole torrents of our books.” But that’s clearly a lie in the face of this action. And he crosses the line from honest company rep to corporate shill when he says things like “not one website has been sued because of a lack of policy” (emphasis mine). No, you don’t have to sue them, they close down when you C&D them because they can’t afford the lawyers you can, and they are risking their own personal money, time, and life while you get to hide behind incorporation and an organization.
So what was the problem with Ema’s? That they charged for storage? That they had a “software” component? That they used Wizards IP? No one knows, and so no one can avoid that. As one poster on ENWorld pointed out, “My avatar here is Wizards IP [it’s a pic of Tanis Half-Elven’s face from DragonLance]. Can they come after ENWorld?”
The answer, legally, is yes. Their IP is their IP in our insanely corp-friendly legal system. Whether it’s charged for or whatnot is immaterial except in whether the company decides in its own mind whether you’re worth the effort to crush or not. This is why people put out real licenses and policies to create an understanding with the community that has to use some of their IP to do anything meaningful.
So for everyone who’s been taking Wizards at its word, that “Oh, you’re safe unless you’re a pirate” – it’s not true any more. And until they deliver a revised GSL and fan site policy, you can’t know if you’ll be safe. But don’t worry, they’re working on it. Real hard. Because one day soon, they will change their ways and decide to value rather than just shit on you, the online gaming community. Seriously, they say they will! How could you not believe them?
[Thanks to ENWorld for breaking the news – here’s the whole long forum thread if you’re interested. I’ll note that ENWorld charges for community supporter accounts and has 4e character sheets and power cards for download too (including Forgottten Realms IP). And where do forums/wikis end and “software” begin? Not sure they are really all that far from Ema’s site on this one.]
This is starting to become a trend among RPG companies…
Ema was charging for a site that utilized a lot of non-OGL content, 4e content including full text and trademark dress.
They were in violation and I imagine Ema did it knowing that eventually he might get shut down. It wasn’t a simple fansite. It was a commercial venture that usurped WOTC IP for monetary compensation (even if it was at a loss).
I liked Ema’s site when it was just plain ol’ sheets. I stopped going when he was offering a ton of protected content.
If publishers aren’t allowed to do this, why should a site charging for services do this?
I hadn’t visited Ema’s site since the inclusion of the new 4e stuff, but I wish I could see it now to look at how much of it was really protected under copyright and tradmemark law.
You know they don’t actually have the legal right to go after you for simply saying “Dungeons & Dragons.” It’s true that most people will cave rather than fight, so the mere threat of legal action has a chilling effect, but the actual law (rather than what they can get away with) protects fair use and at least in theory provides for sanctions against the plaintiffs or even the lawyers personally for filing frivolous lawsuits. I’m pretty unhappy with the current IP legal regime, but it shouldn’t be made out to be worse than it is, if for no other reason than that encourages people to roll over for the abusers of the system even when they don’t have to.
I’ve heard it mixed 4e and 3.5 material, a violation under the GSL even in it’s old form – then charged for the modified sheets.
Given how clearly the GSL states that you can’t mix the two and retain permission to publish, then I have no sympathy if that’s what happened.
Listen. They are a corporation. Rouse has to feed his family. So does everyone else that works there.
It’s money, it’s their livelyhood. Yes they make games, but it’s their kids food, mortgage, etc,etc…
The corporation isn’t evil or greedy or any other ridiculous adjective out there.
Why should Wizards allow someone to provide power cards using their copyrighted text, when they plan to publish them and sell them?
Why should they? There is no reason they should.
Why should they allow people to infringe on their copyrights? There is no reason they should.
Wow… I know this is a bit late in response… but I couldn’t let this one go.
“The corporation isn’t evil or greedy or…”
What frakking planet do you live on, buddy? Corporations ARE greed incarnate. The bigger they get, the more vile they get. These are the entities that have 1. Fed to ruination of our free market system, 2. Created such a red-tape society that you either become choked with credit/debt to survive or you don’t get to be in the people club, 3. Driven a once community-minded, team-geared society into this selfish, individualistic-at-any-cost me-me-me group of humans that just happen to live and work in close proximity to each other (can’t say they are a society anymore).
I agree… gotta pay the bills… feed the fam… no doubt. But as someone who works in one of the largest corps in the world, do not pontificate to these folks that corps are not greedy or such.
Left to perpetuate, corporations will be the ultimate demise of civilization’s cherished ideals… petty things like freedom, property, rights, safety (financial, physical, familial).
Don’t be naive.
I think he’s being realistic, not naive. I have worked for big (huge) corporations, small ones and start-up businesses. Sure, some PEOPLE in corporations are greedy and selfish, but Corporations, in themselves aren’t vile.
Your list of the “evils” of Corporate America sound the the scree of a bitter socialist that hates the idea of a free market and capitalism.
I understand socialism, it isn’t evil any more than capitalism is evil. My wife is from Russia, so she knows the socialism stuff pretty well.
Well, I’d have to say that like people, some corporations are more evil than others. In the end, all people are trying to do what they have to in order to survive and thrive. It’s how you treat others in the commission of that which defines your goodness.
Some companies treat suppliers with respect and some don’t. Or customers. Or employees. Some companies try to improve their community and others don’t. Some move their corporate headquarters to an island to try to cheat on their taxes and others don’t.
And much like the “contractor on the Death Star” bit, you do choose the company you work for. I specifically chose the company I work for based in part on their record of treating employees well (no layoffs, Fortune mag top 100 company to work for, etc.), sound financial planning, work in the community, and reputation among their customers. There are other companies here in Austin I would never work for unless faced with starvation of my kids. Everyone knows there’s good and bad companies. It’s the attitude that companies are immune to normal human morality that empowers them to go on economy-destroying rampages like we’ve seen lately.
Its interesting, because now we know that by pursuing policies like this, they actually were taking mney away from themselves, making it harder to feed their families, etc. And we knew that this was how it worked ever since we saw the results of the OGL nearly 15 years ago. Apologism for legal intimidation is sad, but at least now it has been rebutted by market reality.
@Viriatha: I don’t think Ema’s was using the GSL (which has absolutely no provisions for software or web-based material) or OGL, I think it was pure fair use.
@newbiedm: My question is, were they really infringing? If so, what exactly?
I am thinking along the lines of joshuamacy: I’d just strip logos and tradedress and boil everything down to pure mechanics. Then if my understanding of the U.S. Copyright Office’s Flyer 108 is correct, tell WotC to go shag themselves.
BTW, I’m not saying that WotC was necessarily abusive or in the wrong here…there’s a big legal difference between trademark and copyright law, and what Mad Brew talks about of boiling everything down to mechanics is really different from reposting WotC-produced stuff, marks and dress intact; to the extent that’s what they were doing WotC has every right to send a cease-and-desist requesting that they take down the material in violation.
On the other hand, it’s just not true that there’s no reason for them to allow people to “infringe” on their copyrights (trademark is a different kettle of fish); they have every reason in the world to keep on as good terms with their customers as they possibly can, up to and possibly even including forgoing some potential revenue in order to generate good will. Particularly with a product/brand like D&D, which is essentially useless without broad and deep fan engagement and support (nobody, but nobody, is going to buy D&D and play it only with official modules and within their immediate circle of friends. It’s not a family game like Monopoly or Catan–at the very least you need to find other players), acquiring a reputation as litigious bastards who won’t even let fans talk about the game will hurt their bottom line. Even if you take a hard-line business-is-business stance, customer relations is business, and WotC seems to be in the process of mishandling it by not reassuring the fans.
I should preface this by saying that I never visited that site, I’ve never seen it.
But, if the character sheets were providing character generation code built into them, then they were keeping me from having to pay WOTC for their character creator.
If character cards are available out there for free, why should I pay wizards for their power cards?
If Asmor’s tools (which I love btw) are giving me all the DDI bonus tools and more for free, why should I pay Wizards?
It is keeping WOTC from generating income, like it or not. Income means people’s salaries.
Hate the corporation all you want, but not the middle class guys like you and me who depend on it to feed their families. They need DDI to work, it’s what feeds them and their families.
@MadBrew “Even if you take a hard-line business-is-business stance, customer relations is business, and WotC seems to be in the process of mishandling it by not reassuring the fans.”
The real telling point there will be the sales. If sales stay up, in spite of some bad press, it’s not a bad decision. I think they have some problems. I don’t think taking down a few fan sites will be one of them.
The Character Designer not working right…. THAT one was a huge oops! lol
The strong arms did hurt T$R though… it’s a fine line to walk for the corporations… but it sucks if you’re the little guy, and lose your job to layoffs becuase revenue is down.
Talk to the sound mixers, audio engineers, and other behind the scenes folks in the music induustry… Piracy has killed that business model (along with a lack of good music, but that’s another argument)
I agree with the assertion that, regardless of whether or not D&D/WotC/Hasbro has the legal and moral right to issue C&D letters in cases like this, this is failure of Public Relations.
Hell, as I have said before, 4th edition has been, from start to finish, a PR fiasco.
@Viriatha – Good businesses don’t use a single measure like are sales up or down to try to explain every conceivable variation, let alone excuse mistakes or shoddy follow-through on a some aspect of their business strategy. If sales go down, is that because of the recession? Because of DDI’s character designer? Because of screwing around interminably with releasing the licenses? Because of the natural fall-off after the introduction? If sales go up is it because of those same things, or in spite of them? Could sales have increased more if one of them had been different?
@newbiedm – Is WotC a charity? Do we excuse any misbehavior on their part on the grounds that it’s conceivable that it might have some impact, even if too small to be measured, on somebody just trying to feed their families? WotC laid off a bunch of people recently…why should we care about their employees more than they do? And does that mean that we now ought to be free to use whatever they were working on without regard to WotC’s claim to the IP? What about the person or people behind Ema’s site? I’d bet that the small amounts involved for the pay parts of the site were a much bigger part of Ema’s budget than WotCs. The point, again, is not that WotC necessarily did anything wrong if all they did was ask the Ema’s site to comply with the relevant law, but that whether WotC’s actions in this case were right or wrong, whether they were politely pointing out the Ema’s site’s obligations or bullying them into taking down things that were clearly fair use, doesn’t depend on who stands to lose how much of their livelihood. [i]If[/i] a party threatens a frivolous lawsuit, that isn’t excusable even if that party would be forced out of business without it.
It really sounds to me like WotC was justified in taking at least some action, but it’s hard to reconcile the whole site being taken down with them taking no more than the action they are legally entitled to…unless the site owners overreacted by taking the whole thing down when all that was requested was certain files be removed (a valid C&D would have specified the exact files they claim are in violation).
Good discussion. There is of course very good reason to let the community infringe on your copyright/trademark to some degree, so that excited customers can help advance your product in the marketplace. It’s why they bother with any licenses or even their own wizards.com community. With something like D&D, that’s about impossible if you stay super-closed. Which some game companies do – Palladium is a great example there.
The question isn’t “whether,” it’s “how much.” And the only way those boundaries can be set fairly is for WotC to stop sitting on the crapper and actually release a fan site policy.
Ema was “charging” for part of his site. However, sites cost money to run, is that totally unfair? Is it just charging, or profiting? And if you don’t outright charge, what else is OK? Asking for PayPal donations? Running advertising? What if you have one of those sites that are free to you and the host runs ads? The new White Wolf fan site policy – it sucks, but at least it’s specific, and it says you can’t even run ads on a site using White Wolf material.
So whether their retreat from openness is a good market play is tangential (IMO, it’s clearly not) to my point. My point is that unless they clearly state one, the window of risk between what’s legal, what’s traditionally allowed, etc. is too wide and grey and has the potential for really hosing honest fans. Is that “nothing?” Fine. Is that “Just don’t charge?” Is it “don’t use our trade dress?” What is it?
Certainly they are legally entitled to say “nothing,” but other gaming companies have addressed this in other ways – White Wolf and Mongoose/Traveller have very in depth policies that to varying degrees try to define the safe latitude fan sites have and what the company really cares about protecting.
Legal semantics and law noodling aside, WotC IS the bad guy here. It has nothing to do with IP.
It has everything to do with fostering an OGL community for a decade, then changing the game WITHOUT GIVING ANYONE A COPY OF THE NEW RULES.
Seriously, WotC, I’ve had your back for months. I’ve defended your game and business practices. Even when I was horrified by the GSL, I took hope in it’s retraction for “clarification”…
So here we are EIGHT months later, and you are now enforcing IP complaints when you can’t even get off your lazy ass and share the rules of the road? I have to ponder this, but you may have lost one of your biggest fans over this.
Thanks mxyzplk, I needed to see this.
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Are you serious? Just because a company decided to moderately close up some IP that they own, they are the bad guy?
People can still create commercial content for 4e, and they are. And WOTC isn’t screwing them.
Do you think that because someone gave something away for free at one time, it should be free forever? That’s just ridiculous. They didn’t “owe” anyone a copy of the rules before it was released.
@Josh Yes, but since the comment section of a blog post isn’t a very good forum for a discussion of macro-economics, I gave everyone the benefit of the doubt in assuming they’d see the simplicity for what it was.
@Donny Part of the OGL was that it could change without notice. And for good reason.
And we’re all assuming we know everything about this as well. Maybe Ema was just told to take part of it down and saw a chance to hit the Big Guy ™. Most of us are NOT on the inside. Being judgmental helps no one.
But I do like your blog. 🙂 I just read your two most recent entries.
Now, for those of you stuck in the D&D Ghetto and who don’t have any points of comparison, here’s my previous articles on the White Wolf fansite guidelines and the Mongoose Traveller guidelines. Both quite different.
@Viriatha: “Part of the OGL was that it could change without notice. And for good reason.”
Not that it pertains to 4e material, but clause 9 of the OGL states:
“Updating the License: Wizards or its designated Agents may publish updated versions of this License. You may use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License.”
Which means you can keep on trucking with anything published under that version even if WotC puts out a hundred more versions.
Oh, nice, it’s even shittier than initially reported. According to an email from Ema, *he* didn’t take down the site – Wizards actually sent the C&D to his ISP, and the ISP deleted all of his databases and data. (People who were paying for storage emailed him asking if they could at least get a copy of their characters.) Sounds like the typical DMCA abuse many other companies propagate.
The ISP screwed up, and if Ema chooses to pursue it could be in trouble. The law requires that the site owner be able to file a counter-notice with the ISP owner that the material was mistakenly taken down, and restore the material if the original notifier doesn’t commence legal action within 10-14 days. Ema would have to consult a lawyer, but it seems certain that there was substantial material there that was not infringing (e.g. any OGL material) and/or WotC did not have a claim to ownership (any sheets or information for other systems), and the ISP should not have deleted it without giving Ema a chance to counter-claim.
@joshuamancy – I’m sure Ema’s large legal team will get right on that.
You see, people like Hasbro like to push around the little guy, to whom it’s much more cost effective to entirely give up their hobby than pay for the lawyer time required to assert their rights. This wasn’t a moneymaking enterprise, it was a fansite charging probably barely enough to pay for itself. Unless Ema is independently wealthy, he’d have to pay a thousand dollars out of pocket just to get someone on retainer for the four hours or so to do the most basic of work.
This is why it’s disingenuous for Wizards to complain about their legal rights. Their targets don’t have the means to exercise theirs.
There are a bunch of different stories going around, and no-one really knows (except for Ema and WotC), which is true. You have linked to a post where WotC gave C&D papers directly to the ISP. Yet Ema has told other people (http://www.enworld.org/forum/general-rpg-discussion/249918-emas-rpg-sheet-website-down-9.html#post4657341) that it was part of the agreement he made with WotC.
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I like how everyone is happy to make excuses for Wizards all the way down the path to perdition.
How many times do they have to lie to you before you wise up? The entire story of 4e, the GSL, the DDI, and now the fansite policy is one long tale of deliberate corporate deception of its customers. I hate to break it to you, but there is still such a thing as a “lie by omission,” and so Rouse is still lying to the community. As someone who works for a corporation myself, I can appreciate his skill weasel-words – “Oh, we haven’t *sued* anyone” – but it’s still lying to you.
For those taking comfort from “Oh, they said they value ENWorld and won’t go after them” – why not? They do many of the same things Ema’s site did. They charge, there’s posted power cards there with Forgotten Realms IP in them, etc. “But they’re our friends?” This is like saying the institution of slavery is OK because you think you’re a favored house slave and surely you won’t get the beatings. It masks an inherently arbitrary system based on wishful “it won’t happen to me” thinking. Sure, it won’t happen to you – until it does.
And this does deserve to be pilloried. Not all companies do lie to their customers, believe it or not. Not all try to exploit their customers – and Wizards saying “Fan sites are great! Spread the word about 4e! We’ll only shut you down if we don’t like what you’re saying” is exploitation.
What does it really say that the revised GSL and the fansite policy still aren’t out, 8 months later? “Legal red tape” you say. That’s bullshit. I work regularly with our legal department in a larger company than Hasbro, with more IP (admittedly more patent-intesive) than theirs and if you can’t get simple documents vetted in a couple weeks you’re going to go out of business. There’s exactly one reason they don’t have those two agreements out to the third-party publisher and fan communities – because they don’t want to.
There is so much about that last post that is just plain wrong, and without any backing. Where did WOTC say “Fan sites are great! Spread the word about 4e! We’ll only shut you down if we don’t like what you’re saying” and where did they even IMPLY it? They shut down a site that KNOWINGLY used protected IP. Why is that a problem for you?
For all your “great discussion” comments. This is where you take it off the rails and into nerd rage. I just can’t take your posts seriously anymore.
geez.. so late to this … but I thought I would throw in my 2 cents…
I had to look into this IP / copyright / trademark issue as I was getting deeper and deeper into the Open Game Table rpg blog anthology project. After discussions with two lawyers, one law student (who is here in the discussion, /wink), and a couple of experienced publishers — the end of the story was 1) fair use will cover me; 2) don’t sign the GSL unless I want to use their logos, etc (which I don’t); and 3) indicate that the trademark names and terms are owned by WotC or any other game company. So, IF they come after me for publishing the Anthology — which I would be very surprised if they bothered becuase there’s nothing that could be considered intentional infringement; then they would have to issue a C&D with _specific_ concerns and cite the specific infrigements they believe I made. Then… if I refuse, they would have to prove that I was _intentionally_ infrindging on their copyright / trademark / IP. Why? unintentional infridgment does not carry the same financial responsibility (they would have to pay their own legal fees, even if they proved some [unintentional] infringement occured. Of course, if they could prove intentional infrigement occured, then I would be liable for the legal fees, etc. (As I suspect Ema’s website would have been found).
@Matt – just in his last posts on this, Rouse says that they like and value sites like ENWorld and several others, and in general “yay fansites.” And that this move isn’t meant to scare *them.*
By not having a fansite policy, and by just shutting down ones that suspiciously compete with new DDI functionality, they are saying “we are going to enforce our IP rights at our discretion.” Which is another way of saying however we like, or if we don’t like what you are posting, saying, or doing.
So that’s how they, not all that implicitly, are saying that.
All these fansites are in violation of IP from a strictly legal perspective. That’s how Palladium can pretty much say “no fan sites” or White Wolf can publish restrictions on fan sites. Between copyright and trademark, there are violations aplenty on ENWorld and many, many other sites. Until Wizards says “here’s the rules,” they are creating an environment where they can cherry-pick who to go after. The guidance they’ve given before – Rouse: “Oh, we only care about pirate torrent sites posting our whole books” – is clearly incorrect.
Whoa! Lets take a breath here.
Thanks for the compliment matt 🙂
My position could be summarized by saying that holding an insignificant third party website legally accountable for IP infringement when you WON’T release the rules that clarify the infringement is chickenshit.
I love 4E, but am having a real problem with WotC. I want to see a GSL that is fair. It doesn’t have to be another OGL, as nice as it would be, just fair.
I want DDI to do what was promised, REPEATEDLY, and is supposedly funded throught the ungodly cover prices of the new edition.
And Matt, chill man : )
There is still real discussion here, and if the edition wars have taught us anything, it’s that nerd rage is abundant, and sometimes unavoidable..after all, it’s MY game – and yer doing it wrong!
WotC – Release a decent GSL!!!!!!! If anything I did was 8 months late, I’d be an inmate or a laughingstock…which one are you?
Somewhat on topic — I would recommend everyone read the following wikipedia stub about “Warner Bros. and J. K. Rowling vs. RDR Books” — Warner Bros. won the case, but if you get the transcripts you’ll see that they tried _very_ hard to work with the publisher before shutting them down. Of course, it is in their interest (froma PR point of view) to give fans flexibility, etc. But in the end, the Harry Potter lexicon was blocked from being published.
I wonder how much Ema tried to work with WotC? The note on the website doesn’t give much info – has anyone tried to contact Ema for an official remark?
srryy.. forgot the link to the wikipedia stub
Warner Bros. and J. K. Rowling vs. RDR Books
@mxyzplk and @Donny_the_DM
I’ll chill. Sorry if my responses were less than level-headed. Just found out yesterday I have to take a 15% pay cut at work…. the stress is affecting everything I do, so I need to breathe deeper.
Dude…I am really sorry to hear that.
Tell you what, lets find a politician or a banker. I’ll step on him while you kick until you get tired 🙂
The internet makes it REALLY easy to get carried away, I’m guilty of that too.
Years ago, TSR put out D&D and supported it under the guidance of its creator and a lot of creative designers. They encourage players to create and share. The company and D&D booms. That was phase 1.
Phase 2 was a change of leadership, a lot of talent laid off, the products increasing in quantity while decreasing in quality content, and the company harassing its fans on the Internet. The end result was bankruptcy and selling the D&D IP to Wizards of the Coast.
Phase 3: WotC puts out a new edition and supplements with a lot of talented designers. They encourage players to create and share. The company and D&D booms.
Phase 4: WotC has a change of leadership, a lot of talent is laid off, and the company begins harassing its fans on the Internet…
Will history repeat itself? Since I don’t like what WotC is doing with the IP, I certainly wouldn’t mind seeing the D&D brand and worlds go to someone else. Who wants to start a pool?
First, Gary Gygax was most certainly not a fan of open gaming. He also wasn’t very keen on companies developing products for sale based upon his creation.
Also, Phase 4, WOTC isn’t harassing it’s fans. It sent a C&D because a site was illegally reproducing it’s IP.
It’s just not an accurate analogy.
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@Matt: History never repeats itself exactly, even if we’re reading the Wheel of Time.
Gygax was hostile and supportive of player-created material in turns. It’s one of his weirder bits of history. Part of that is often attributed to the need to sell AD&D products. TSR, at the time, also encouraged Mayfair Games and the Judges Guild to publish as third parties. (Later they sued both of them.)
WotC is being stupid about the Internet and their existing fans. They’re shutting down software tools that compete with theirs, pissing off a portion of their fans by claiming IP that they don’t actually own (drow, for one), and failing to supply the guidelines and license that they expect people to comply with.
This C&D isn’t even a major point in the body of WotC’s inept Internet strategy, it’s just the one currently at the fore. Yes, they have the legal right, but it’s still bad company policy to exercise it in this particular way.
Remember that those of us who are annoyed by WotC right now are looking at this in the broader context. If you just focus in narrowly on one or two things they’ve done and say that those are fine, it looks to us disgruntled ones like either deliberate cheerleading or just being unaware of the relevant context.
(Sorry for the broken link. “Drow” is supposed to be: http://d7.pipemaze.com/tsr-vs-the-internet/drow.html )
As a current BETA tester of Heroforge 4E; it will be interesting to see what will happen once they release the final application for sale….
@Matt – we just took a 5% ourselves. Sucks, I know. Hang in there.
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