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Smart Enlists Legal Team, Threatens Class-Action Lawsuit | Star Citizen | MMORPG.com

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  • DistopiaDistopia Member EpicPosts: 21,183
    Phry said:
    Distopia said:
    I just read Smart's newest addition to his blog on the matter. It's very lengthy and he backs everything he says up with links and such. 

    RSI/Roberts/StarCitizen has big time trouble coming. Anybody that can read thru that article and believe otherwise would have to be the most blind fanboi ever.
    Yup, Derek would not be wasting his time and resources if he did not know what he is talking about.
    I have read the article and I have to agree with Derek, this whole Star Citizen is the biggest scam in gaming I have ever seen.
    Forget the fact that some people might or might not like Derek's games, but what is at stake here is that plain out scamming coming from that RSI/CIG company that is making Star Citizen.
    The worst blind is the one that does not want to see.
    Do you not understand what an accusation is (it must first be proven)... Secondly you obviously already made up your mind based on your opinion."this whole Star Citizen is the biggest scam in gaming I have ever seen.".. yet call others blind and not wanting to see... irony to the say the least...

    Anything could be true here... including DS being full of it..

    Kind of agree, but the thing is, when lawyers get involved, it usually means there is blood in the water, they are just sharks at the end of the day, and they don't care much who the victim is, as long as they get to eat.

    Interesting times indeed.
    Like I said anything could be true, I make no judgements until the facts are in... Phony lawsuits happen all the time (those that get laughed out of court), lawyers are involved in those as well...

    For every minute you are angry , you lose 60 seconds of happiness."-Emerson


  • DistopiaDistopia Member EpicPosts: 21,183
    edited August 2015
    Torval said:
    It would be cool if a lawyer with experience and knowledge in this corner of law could explain and translate what all this really means for us.
    Agreed, it would also be nice if Smart did what most lawyers would inform him to do, keep quiet, don't make a spectacle. The more he makes this about him by slinging dirt in the manner he does, blogging etc.. that alone can be problematic for a case, if this is truly about stopping a "scam"... and protecting those paying in, none of that is necessary. It's quite detrimental really.

    For every minute you are angry , you lose 60 seconds of happiness."-Emerson


  • i_own_ui_own_u Member UncommonPosts: 314
    I am curious. I have seen many thoughts as to WHY Smart is doing this, but is this actually a bad thing? I may not know much about all of this, but he does seem to bring up some valid points in the letter.
  • tawesstawess Member EpicPosts: 4,227
    edited August 2015
    No it is basicly a scare tacticused to bully people in to settling outside of court. Not because they are in the wrong but that it is cheaper and faster than to take the fight... Or at least less disruptive to the day to day work. 

    This have been a good conversation

  • laseritlaserit Member LegendaryPosts: 7,591
    Distopia said:
    Phry said:
    Distopia said:
    I just read Smart's newest addition to his blog on the matter. It's very lengthy and he backs everything he says up with links and such. 

    RSI/Roberts/StarCitizen has big time trouble coming. Anybody that can read thru that article and believe otherwise would have to be the most blind fanboi ever.
    Yup, Derek would not be wasting his time and resources if he did not know what he is talking about.
    I have read the article and I have to agree with Derek, this whole Star Citizen is the biggest scam in gaming I have ever seen.
    Forget the fact that some people might or might not like Derek's games, but what is at stake here is that plain out scamming coming from that RSI/CIG company that is making Star Citizen.
    The worst blind is the one that does not want to see.
    Do you not understand what an accusation is (it must first be proven)... Secondly you obviously already made up your mind based on your opinion."this whole Star Citizen is the biggest scam in gaming I have ever seen.".. yet call others blind and not wanting to see... irony to the say the least...

    Anything could be true here... including DS being full of it..

    Kind of agree, but the thing is, when lawyers get involved, it usually means there is blood in the water, they are just sharks at the end of the day, and they don't care much who the victim is, as long as they get to eat.

    Interesting times indeed.
    Like I said anything could be true, I make no judgements until the facts are in... Phony lawsuits happen all the time (those that get laughed out of court), lawyers are involved in those as well...
    I had an asshole threaten to sue me for 300k because I demanded a purchase order before I commenced work on his project. He tried to claim that because I gave him a quote and he told me to go ahead over the telephone that it constituted a verbal agreement. I fucked around trying to get a purchase order out of the guy for a month before I received a threatening letter from his lawyer claiming I caused him to miss a deadline and lose a contract.

    After about 6 months of receiving bullshit letter's from his lawyer and my lawyer sending retorts back, the letters stopped coming. I can only surmise that his lawyer told him he had no case and that he was only wasting his money. If it ever would of went to court, I would have absolutely counter sued for my costs and my time.

    "Be water my friend" - Bruce Lee

  • i_own_ui_own_u Member UncommonPosts: 314
    tawess said:
    No it is basicly a scare tacticused to bully people in to settling outside of court. Not because they are in the wrong but that it is cheaper and faster than to take the fight... Or at least less disruptive to the day to day work. 
    I understand that, but all of Smarts' demands seem to be things that cannot hurt CIG unless they are doing something illegal, no? Why not just do what Smart wants and get on with everyone's lives? Smart can't be the first one to think that CIG is terrible at handling money either.
  • user547user547 Member UncommonPosts: 150
    "Why not just do what Smart wants and get on with everyone's lives?"

    You can't possibly be serious. 
  • Superman0XSuperman0X Member RarePosts: 2,292
    Torval said:
    It would be cool if a lawyer with experience and knowledge in this corner of law could explain and translate what all this really means for us.
    IANAL but here is the short summary:

    1. Derek Smart joined the kickstarter and gave money to Star Citizen.
    2. Derek Smart believes that what was promised has not been delivered on the timeline promised, and that even on a modified timeline it will not be delivered to his satisfaction. 
    3. Derek Smart has not received either the product or his money back, so is taking legal action to get one of these.

    i_own_u said:
    tawess said:
    No it is basicly a scare tacticused to bully people in to settling outside of court. Not because they are in the wrong but that it is cheaper and faster than to take the fight... Or at least less disruptive to the day to day work. 
    I understand that, but all of Smarts' demands seem to be things that cannot hurt CIG unless they are doing something illegal, no? Why not just do what Smart wants and get on with everyone's lives? Smart can't be the first one to think that CIG is terrible at handling money either.
    Incorrect. His 'demands' add no value UNLESS they are doing something wrong. However, they do detract from development and operations. They also provide Derek insider information that he can then use to try to instigate a takeover.
  • i_own_ui_own_u Member UncommonPosts: 314
    edited August 2015
    user547 said:
    "Why not just do what Smart wants and get on with everyone's lives?"

    You can't possibly be serious. 
    I am curious as to why you are offering such a stark reaction to that statement? Please offer me insight as to why what he's doing is a bad thing.

    EDIT: I am not talking about morals of WHY hes doing what hes doing. I am simply talking about the items he is requesting from CIG.
  • i_own_ui_own_u Member UncommonPosts: 314
    Torval said:
    It would be cool if a lawyer with experience and knowledge in this corner of law could explain and translate what all this really means for us.
    IANAL but here is the short summary:

    1. Derek Smart joined the kickstarter and gave money to Star Citizen.
    2. Derek Smart believes that what was promised has not been delivered on the timeline promised, and that even on a modified timeline it will not be delivered to his satisfaction. 
    3. Derek Smart has not received either the product or his money back, so is taking legal action to get one of these.

    i_own_u said:
    tawess said:
    No it is basicly a scare tacticused to bully people in to settling outside of court. Not because they are in the wrong but that it is cheaper and faster than to take the fight... Or at least less disruptive to the day to day work. 
    I understand that, but all of Smarts' demands seem to be things that cannot hurt CIG unless they are doing something illegal, no? Why not just do what Smart wants and get on with everyone's lives? Smart can't be the first one to think that CIG is terrible at handling money either.
    Incorrect. His 'demands' add no value UNLESS they are doing something wrong. However, they do detract from development and operations. They also provide Derek insider information that he can then use to try to instigate a takeover.
    Since I am uninformed with this topic specifically, what information exists on the web that would hint to him wanting to 'takeover' the company, as you say.
  • jesteralwaysjesteralways Member RarePosts: 2,560
    i_own_u said:
    user547 said:
    "Why not just do what Smart wants and get on with everyone's lives?"

    You can't possibly be serious. 
    I am curious as to why you are offering such a stark reaction to that statement? Please offer me insight as to why what he's doing is a bad thing.

    EDIT: I am not talking about morals of WHY hes doing what hes doing. I am simply talking about the items he is requesting from CIG.
    If i ask you to show me your business log book, you will just let me see it right? And Derek "moron" doesn't have any morals, he is a fucking conman.

    Boobs are LIFE, Boobs are LOVE, Boobs are JUSTICE, Boobs are mankind's HOPES and DREAMS. People who complain about boobs have lost their humanity.

  • i_own_ui_own_u Member UncommonPosts: 314
    edited August 2015
    i_own_u said:
    user547 said:
    "Why not just do what Smart wants and get on with everyone's lives?"

    You can't possibly be serious. 
    I am curious as to why you are offering such a stark reaction to that statement? Please offer me insight as to why what he's doing is a bad thing.

    EDIT: I am not talking about morals of WHY hes doing what hes doing. I am simply talking about the items he is requesting from CIG.
    If i ask you to show me your business log book, you will just let me see it right? And Derek "moron" doesn't have any morals, he is a fucking conman.
    I understand the point you are making, but again, CIG has not exactly been smart with their money. They are truly in a tough situation because what Smart is accusing them of is something that could very well possibly be the case. 
  • user547user547 Member UncommonPosts: 150
    edited August 2015
    Random nobody bully wanders in and demands that you obey them and give them all your money.  You think it's reasonable to just give them what they want.

    It's not what he is demanding under legal threats, or putting a bounty on Chris Roberts head as he did earlier.  It's the fact he has no place to be demanding anything at all to begin with.
  • GdemamiGdemami Member EpicPosts: 12,342
    i_own_u said:
    I understand the point you are making, but again, CIG has not exactly been smart with their money. They are truly in a tough situation because what Smart is accusing them of is something that could very well possibly be the case. 
    What case? That someone is not smart with their own money?
  • i_own_ui_own_u Member UncommonPosts: 314
    edited August 2015
    user547 said:
    Random nobody bully wanders in and demands that you obey them and give them all your money.  You think it's reasonable to just give them what they want.
    Where has Smart stated that he wants money from CIG? He actually is willing to pay for all of the forensic accounting fees associated with the request he's making.

    The list of demands from the document sent by his lawyers:

    1. A complete forensic accounting (for which Mr. Smart will pay all costs) of expenses to said consumers who have provided $87.5 million to this crowd-funded campaign. Absent full disclosure and transparency, Mr. Smart is concerned that Your conduct constitutes prohibited “unfair or deceptive acts," misrepresentations or deceptive omissions of material fact, unjust enrichment, breach of contract and other violations, all to the detriment of those that have "invested" in Your companies and or the product;

    2. A completion date for the delivery of the project as promised, now that the Nov 2014 ship date has been missed;

    3. A refund for all those who backed

    Where does it say he wants money from them?
  • user547user547 Member UncommonPosts: 150
    It doesn't matter what Derek "The Outsider" Smart wants.  He has no business making demands.
  • laseritlaserit Member LegendaryPosts: 7,591
    i_own_u said:
    user547 said:
    Random nobody bully wanders in and demands that you obey them and give them all your money.  You think it's reasonable to just give them what they want.
    Where has Smart stated that he wants money from CIG? He actually is willing to pay for all of the forensic accounting fees associated with the request he's making.

    The list of demands from the document sent by his lawyers:

    1. A complete forensic accounting (for which Mr. Smart will pay all costs) of expenses to said consumers who have provided $87.5 million to this crowd-funded campaign. Absent full disclosure and transparency, Mr. Smart is concerned that Your conduct constitutes prohibited “unfair or deceptive acts," misrepresentations or deceptive omissions of material fact, unjust enrichment, breach of contract and other violations, all to the detriment of those that have "invested" in Your companies and or the product;

    2. A completion date for the delivery of the project as promised, now that the Nov 2014 ship date has been missed;

    3. A refund for all those who backed

    Where does it say he wants money from them?

    I_own_u


    I demand you give me copies of all your financials because I believe you are guilty of fraud and breach of contract.

    My lawyers will be sending you a letter.

    I have 36 years experience... I know my shit.


     You must comply or I will have choice but to sue

    "Be water my friend" - Bruce Lee

  • i_own_ui_own_u Member UncommonPosts: 314
    laserit said:
    i_own_u said:
    user547 said:
    Random nobody bully wanders in and demands that you obey them and give them all your money.  You think it's reasonable to just give them what they want.
    Where has Smart stated that he wants money from CIG? He actually is willing to pay for all of the forensic accounting fees associated with the request he's making.

    The list of demands from the document sent by his lawyers:

    1. A complete forensic accounting (for which Mr. Smart will pay all costs) of expenses to said consumers who have provided $87.5 million to this crowd-funded campaign. Absent full disclosure and transparency, Mr. Smart is concerned that Your conduct constitutes prohibited “unfair or deceptive acts," misrepresentations or deceptive omissions of material fact, unjust enrichment, breach of contract and other violations, all to the detriment of those that have "invested" in Your companies and or the product;

    2. A completion date for the delivery of the project as promised, now that the Nov 2014 ship date has been missed;

    3. A refund for all those who backed

    Where does it say he wants money from them?

    I_own_u


    I demand you give me copies of all your financials because I believe you are guilty of fraud and breach of contract.

    My lawyers will be sending you a letter.

    I have 36 years experience... I know my shit.


     You must comply or I will have choice but to sue
    The problem is I haven't taken $87.5 million from you offering you a service I haven't delivered on yet. 

    I think this is a good thing for crowd funded games to see what's going on here. 
  • jesteralwaysjesteralways Member RarePosts: 2,560
    edited August 2015
    i_own_u said:
    laserit said:
    i_own_u said:
    user547 said:
    Random nobody bully wanders in and demands that you obey them and give them all your money.  You think it's reasonable to just give them what they want.
    Where has Smart stated that he wants money from CIG? He actually is willing to pay for all of the forensic accounting fees associated with the request he's making.

    The list of demands from the document sent by his lawyers:

    1. A complete forensic accounting (for which Mr. Smart will pay all costs) of expenses to said consumers who have provided $87.5 million to this crowd-funded campaign. Absent full disclosure and transparency, Mr. Smart is concerned that Your conduct constitutes prohibited “unfair or deceptive acts," misrepresentations or deceptive omissions of material fact, unjust enrichment, breach of contract and other violations, all to the detriment of those that have "invested" in Your companies and or the product;

    2. A completion date for the delivery of the project as promised, now that the Nov 2014 ship date has been missed;

    3. A refund for all those who backed

    Where does it say he wants money from them?

    I_own_u


    I demand you give me copies of all your financials because I believe you are guilty of fraud and breach of contract.

    My lawyers will be sending you a letter.

    I have 36 years experience... I know my shit.


     You must comply or I will have choice but to sue
    The problem is I haven't taken $87.5 million from you offering you a service I haven't delivered on yet. 

    I think this is a good thing for crowd funded games to see what's going on here. 
    RSI or Cluod emporium did not take 87.5 million $ from Derek [mod edit] either and they refunded 200$ that he pledged which now he claims he never received even though on the day after the return  he said he got his money back.
    You, like many other before you have been conned by Derek [mod edit] Smart, i hope you live a happy life.

    Boobs are LIFE, Boobs are LOVE, Boobs are JUSTICE, Boobs are mankind's HOPES and DREAMS. People who complain about boobs have lost their humanity.

  • i_own_ui_own_u Member UncommonPosts: 314
    edited August 2015
    i_own_u said:
    laserit said:
    i_own_u said:
    user547 said:
    Random nobody bully wanders in and demands that you obey them and give them all your money.  You think it's reasonable to just give them what they want.
    Where has Smart stated that he wants money from CIG? He actually is willing to pay for all of the forensic accounting fees associated with the request he's making.

    The list of demands from the document sent by his lawyers:

    1. A complete forensic accounting (for which Mr. Smart will pay all costs) of expenses to said consumers who have provided $87.5 million to this crowd-funded campaign. Absent full disclosure and transparency, Mr. Smart is concerned that Your conduct constitutes prohibited “unfair or deceptive acts," misrepresentations or deceptive omissions of material fact, unjust enrichment, breach of contract and other violations, all to the detriment of those that have "invested" in Your companies and or the product;

    2. A completion date for the delivery of the project as promised, now that the Nov 2014 ship date has been missed;

    3. A refund for all those who backed

    Where does it say he wants money from them?

    I_own_u


    I demand you give me copies of all your financials because I believe you are guilty of fraud and breach of contract.

    My lawyers will be sending you a letter.

    I have 36 years experience... I know my shit.


     You must comply or I will have choice but to sue
    The problem is I haven't taken $87.5 million from you offering you a service I haven't delivered on yet. 

    I think this is a good thing for crowd funded games to see what's going on here. 
    RSI or Cluod emporium did not take 87.5 million $ from Derek [mod edit] either and they refunded 200$ that he pledged which now he claims he never received even though on the day after the return  he said he got his money back.
    You, like many other before you have been conned by Derek [mod edit] Smart, i hope you live a happy life.
    Glad I could have an intelligent conversation with you, sir. Was a pleasure.
  • jesteralwaysjesteralways Member RarePosts: 2,560
    edited August 2015
    i_own_u said:
    i_own_u said:
    laserit said:
    i_own_u said:
    user547 said:
    Random nobody bully wanders in and demands that you obey them and give them all your money.  You think it's reasonable to just give them what they want.
    Where has Smart stated that he wants money from CIG? He actually is willing to pay for all of the forensic accounting fees associated with the request he's making.

    The list of demands from the document sent by his lawyers:

    1. A complete forensic accounting (for which Mr. Smart will pay all costs) of expenses to said consumers who have provided $87.5 million to this crowd-funded campaign. Absent full disclosure and transparency, Mr. Smart is concerned that Your conduct constitutes prohibited “unfair or deceptive acts," misrepresentations or deceptive omissions of material fact, unjust enrichment, breach of contract and other violations, all to the detriment of those that have "invested" in Your companies and or the product;

    2. A completion date for the delivery of the project as promised, now that the Nov 2014 ship date has been missed;

    3. A refund for all those who backed

    Where does it say he wants money from them?

    I_own_u


    I demand you give me copies of all your financials because I believe you are guilty of fraud and breach of contract.

    My lawyers will be sending you a letter.

    I have 36 years experience... I know my shit.


     You must comply or I will have choice but to sue
    The problem is I haven't taken $87.5 million from you offering you a service I haven't delivered on yet. 

    I think this is a good thing for crowd funded games to see what's going on here. 
    RSI or Cluod emporium did not take 87.5 million $ from Derek "moron" either and they refunded 200$ that he pledged which now he claims he never received even though on the day after the return  he said he got his money back.
    You, like many other before you have been conned by Derek "MORON" Smart, i hope you live a happy life.
    Glad I could have an intelligent conversation with you, sir. Was a pleasure.
    You could have had a further enlightening and intellectual advancement if you took your time researching Derek [mod edit] Smart's track record before wagging your tail along with his tune. Or before that if you could think along the line : "if someone demands that i show them my financial would i comply? is that a reasonable demand for anyone who is not related to me or my business?" It is about common sense.
    Post edited by Vaross on

    Boobs are LIFE, Boobs are LOVE, Boobs are JUSTICE, Boobs are mankind's HOPES and DREAMS. People who complain about boobs have lost their humanity.

  • i_own_ui_own_u Member UncommonPosts: 314
    edited August 2015
    i_own_u said:
    i_own_u said:
    laserit said:
    i_own_u said:
    user547 said:
    Random nobody bully wanders in and demands that you obey them and give them all your money.  You think it's reasonable to just give them what they want.
    Where has Smart stated that he wants money from CIG? He actually is willing to pay for all of the forensic accounting fees associated with the request he's making.

    The list of demands from the document sent by his lawyers:

    1. A complete forensic accounting (for which Mr. Smart will pay all costs) of expenses to said consumers who have provided $87.5 million to this crowd-funded campaign. Absent full disclosure and transparency, Mr. Smart is concerned that Your conduct constitutes prohibited “unfair or deceptive acts," misrepresentations or deceptive omissions of material fact, unjust enrichment, breach of contract and other violations, all to the detriment of those that have "invested" in Your companies and or the product;

    2. A completion date for the delivery of the project as promised, now that the Nov 2014 ship date has been missed;

    3. A refund for all those who backed

    Where does it say he wants money from them?

    I_own_u


    I demand you give me copies of all your financials because I believe you are guilty of fraud and breach of contract.

    My lawyers will be sending you a letter.

    I have 36 years experience... I know my shit.


     You must comply or I will have choice but to sue
    The problem is I haven't taken $87.5 million from you offering you a service I haven't delivered on yet. 

    I think this is a good thing for crowd funded games to see what's going on here. 
    RSI or Cluod emporium did not take 87.5 million $ from Derek [mod edit] either and they refunded 200$ that he pledged which now he claims he never received even though on the day after the return  he said he got his money back.
    You, like many other before you have been conned by Derek [mod edit] Smart, i hope you live a happy life.
    Glad I could have an intelligent conversation with you, sir. Was a pleasure.
    You could have had a further enlightening and intellectual advancement if you took your time researching Derek [mod edit] Smart's track record before wagging your tail along with his tune. Or before that if you could think along the line : "if someone demands that i show them my financial would i comply? is that a reasonable demand for anyone who is not related to me or my business?" It is about common sense.
    To be honest, I am interested in the fact that CIG is facing a lawsuit because of poor money handling and communication on their part...not because Derek Smart is initiating it (nor do I care about his track record). My previous comments would reflect this.
    Post edited by Vaross on
  • Superman0XSuperman0X Member RarePosts: 2,292
    i_own_u said:
    Since I am uninformed with this topic specifically, what information exists on the web that would hint to him wanting to 'takeover' the company, as you say.
    Derek Smart did something similar to this with Alganon. He also has a competing product (Line of Defense) to Star Citizen. Having the ability to look at your competitors books (when they are a private company), and then use PR tactics to insert yourself into their product is only good for Derek.

    If he made reasonable requests, such as:

    ALLOW all Kickstarter participants to receive a refund, no questions asked (rather than a demand that all money be refunded, regardless of the desire of the participant).

    or even 

    Provide updated forecast, financial statements, and guidance to the FTC to ensure that there is no malfeasance.

    However, what he is doing instead is negative PR for a competitor, where he states that his product (mentioned each time) is better. Then he asks for privilege information, and threatens to sue in order to get it (by claiming that the goals are unattainable, he can request all associated information to prove this).
  • user547user547 Member UncommonPosts: 150
    Sounds like we have yet another Derek Smart sock puppet arguing here again.
  • laseritlaserit Member LegendaryPosts: 7,591
    i_own_u said:
    laserit said:
    i_own_u said:
    user547 said:
    Random nobody bully wanders in and demands that you obey them and give them all your money.  You think it's reasonable to just give them what they want.
    Where has Smart stated that he wants money from CIG? He actually is willing to pay for all of the forensic accounting fees associated with the request he's making.

    The list of demands from the document sent by his lawyers:

    1. A complete forensic accounting (for which Mr. Smart will pay all costs) of expenses to said consumers who have provided $87.5 million to this crowd-funded campaign. Absent full disclosure and transparency, Mr. Smart is concerned that Your conduct constitutes prohibited “unfair or deceptive acts," misrepresentations or deceptive omissions of material fact, unjust enrichment, breach of contract and other violations, all to the detriment of those that have "invested" in Your companies and or the product;

    2. A completion date for the delivery of the project as promised, now that the Nov 2014 ship date has been missed;

    3. A refund for all those who backed

    Where does it say he wants money from them?

    I_own_u


    I demand you give me copies of all your financials because I believe you are guilty of fraud and breach of contract.

    My lawyers will be sending you a letter.

    I have 36 years experience... I know my shit.


     You must comply or I will have choice but to sue
    The problem is I haven't taken $87.5 million from you offering you a service I haven't delivered on yet. 

    I think this is a good thing for crowd funded games to see what's going on here. 
    The thing is

    I have no proof that you are guilty of a criminal offense but I believe you are. My experience tells me so.

    p.s. the above statement is totally ridiculous.


    Just read all Derek's blogs and statements about how he has informed the FTC  and they will be investigating RSI and the shit is gonna hit the fan etc. etc. etc.

    Guess the FTC must have not found any issues?

     Why else would Derek start with all this lawsuit let me look in your books shit?

    Or is Derek just full of shit?

    Personally I believe Derek is just full of shit.

    "Be water my friend" - Bruce Lee

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