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Oculus Responds to ZeniMax Lawsuit

ElRenmazuoElRenmazuo Member RarePosts: 5,361

http://www.polygon.com/2014/6/25/5841764/oculus-zenimax-lawsuit-response

"ZeniMax's Complaint falsely claims ownership in Oculus VR technology in a transparent attempt to take advantage of the Oculus VR sale to Facebook," reads today's filing, which was provided to Polygon by an Oculus representative. The company also reaffirmed the holding of John Carmack, its chief technology officer who was formerly employed by ZeniMax at id Software, that "there is not a line of ZeniMax code or any of its technology in any Oculus VR product." Oculus, like ZeniMax, is requesting a jury trial to settle the matter.

Comments

  • SEANMCADSEANMCAD Member EpicPosts: 16,775

    Zenimax doesnt understand gaming at all so they resort to lawsuits.

    How they ever got into gaming is beyond my understanding.

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

  • SEANMCADSEANMCAD Member EpicPosts: 16,775

    Here is Zenimax's line of thinking vs opportunity lost

    Zenimax discards virtual reality then when others start to show some coin behind the technology they decide to sue, but BECAUSE their clear lack of understanding of the technology they miss the fact that they have a f8ck ton more money to be made if they became informal partners with Oculus and worked with them on advancing the technoloigy

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

  • HockeyisthegameHockeyisthegame Member Posts: 84
    Originally posted by SEANMCAD

    Zenimax doesnt understand gaming at all so they resort to lawsuits.

    How they ever got into gaming is beyond my understanding.

     

    [mod edit]

    Oh and all the way back in '09-10 timeframe you stated WoW would die off and you wouldn't be able to find it on the shelves.  Now about 4 years later Wow is still on the shelves at every single Target, walmart, best but ect ect.  still the number 1 mmo and DF is gone I have no clue about fallen earth.  Now you are here trumpeting VR and upset Zenimax thinks they have a legit lawsuit.  Well if it was so crazy it would have been thrown out.  So I ask again who doesn't understand gaming?  

  • HockeyisthegameHockeyisthegame Member Posts: 84
    Originally posted by SEANMCAD

    Here is Zenimax's line of thinking vs opportunity lost

    Zenimax discards virtual reality then when others start to show some coin behind the technology they decide to sue, but BECAUSE their clear lack of understanding of the technology they miss the fact that they have a f8ck ton more money to be made if they became informal partners with Oculus and worked with them on advancing the technoloigy

     

    Any chance you have a link to back that up?  Pretty sure without actual proof of your claim it won't fly in court...or here. 
  • SEANMCADSEANMCAD Member EpicPosts: 16,775
    Originally posted by Hockeyisthegame
    Originally posted by SEANMCAD

    Zenimax doesnt understand gaming at all so they resort to lawsuits.

    How they ever got into gaming is beyond my understanding.

     

    [mod edit]

    Oh and all the way back in '09-10 timeframe you stated WoW would die off and you wouldn't be able to find it on the shelves.  Now about 4 years later Wow is still on the shelves at every single Target, walmart, best but ect ect.  still the number 1 mmo and DF is gone I have no clue about fallen earth.  Now you are here trumpeting VR and upset Zenimax thinks they have a legit lawsuit.  Well if it was so crazy it would have been thrown out.  So I ask again who doesn't understand gaming?  

    [mod edit]

    I didnt suggest that I know about gaming did I? I suggested that Zenimax does not. Do you think that Zenimax knows about gaming?

     

    regarding Darkfall and Fallen Earth you do understand that both games are still online and you do understand that both games didnt cost 200 million dollars to make...right?

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

  • Superman0XSuperman0X Member RarePosts: 2,292

     


    Originally posted by Hockeyisthegame

    Originally posted by SEANMCAD Zenimax doesnt understand gaming at all so they resort to lawsuits. How they ever got into gaming is beyond my understanding.
      And you do? I took your advice did a little research and found out you started your career here at mmorpg trumpeting Darkfall and Fallen earth? How are those games doing today? Oh and all the way back in '09-10 timeframe you stated WoW would die off and you wouldn't be able to find it on the shelves.  Now about 4 years later Wow is still on the shelves at every single Target, walmart, best but ect ect.  still the number 1 mmo and DF is gone I have no clue about fallen earth.  Now you are here trumpeting VR and upset Zenimax thinks they have a legit lawsuit.  Well if it was so crazy it would have been thrown out.  So I ask again who doesn't understand gaming?  
     

     

    Nothing in this lawsuit/dispute is relevant to gaming.

    This is actually a pretty simple dispute. Zenimax is making the argument that one of their employees was doing work for Oculus, while on the Zenimax payroll. It is their argument that this constituted 'value' that was added to the company/product and that Zenimax should be re-imbursed for this.

    Zennimax is likely to settle out of court, for something that they feel adds value. It is going to be minor, and will not be worth the bad press that they will get... but will avoid the cost of a legal battle.

     

    P.S. I do know more than a 'little' about gaming.

  • SEANMCADSEANMCAD Member EpicPosts: 16,775
    Originally posted by Superman0X

     


    Originally posted by Hockeyisthegame

    Originally posted by SEANMCAD Zenimax doesnt understand gaming at all so they resort to lawsuits. How they ever got into gaming is beyond my understanding.
     [mod edit]Oh and all the way back in '09-10 timeframe you stated WoW would die off and you wouldn't be able to find it on the shelves.  Now about 4 years later Wow is still on the shelves at every single Target, walmart, best but ect ect.  still the number 1 mmo and DF is gone I have no clue about fallen earth.  Now you are here trumpeting VR and upset Zenimax thinks they have a legit lawsuit.  Well if it was so crazy it would have been thrown out.  So I ask again who doesn't understand gaming?  
     

     

    Nothing in this lawsuit/dispute is relevant to gaming.

    This is actually a pretty simple dispute. Zenimax is making the argument that one of their employees was doing work for Oculus, while on the Zenimax payroll. It is their argument that this constituted 'value' that was added to the company/product and that Zenimax should be re-imbursed for this.

    Zennimax is likely to settle out of court, for something that they feel adds value. It is going to be minor, and will not be worth the bad press that they will get... but will avoid the cost of a legal battle.

    it was a horrible decision from an economic standpoint for the reasons you are illustrating. They should have instead become good friends and start some collaboration work instead,

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

  • SEANMCADSEANMCAD Member EpicPosts: 16,775
    Originally posted by Hockeyisthegame
    Originally posted by SEANMCAD
    Originally posted by Hockeyisthegame
    Originally posted by SEANMCAD

    Zenimax doesnt understand gaming at all so they resort to lawsuits.

    How they ever got into gaming is beyond my understanding.

     

    [mod edit]

    Oh and all the way back in '09-10 timeframe you stated WoW would die off and you wouldn't be able to find it on the shelves.  Now about 4 years later Wow is still on the shelves at every single Target, walmart, best but ect ect.  still the number 1 mmo and DF is gone I have no clue about fallen earth.  Now you are here trumpeting VR and upset Zenimax thinks they have a legit lawsuit.  Well if it was so crazy it would have been thrown out.  So I ask again who doesn't understand gaming?  

    [mod edit]

    I didnt suggest that I know about gaming did I? I suggested that Zenimax does not. Do you think that Zenimax knows about gaming?

     

    No disrespect but you told me to do my own research...so I did...Well I would say they know a lot more then you do. Unless you have a video game out that a fair amount of people bought and are playing right this very second...which I'm going to guess you don't...

    [mod edit]

    Never the less, the subject here is that you think Zenimax knows about gaming, I disagree with you.

    Also the point that Darkfall and Fallen Earth are both still online and were made for far less than 200 million dollars dosent appear to be a good case for you on this subject.

     

    I am unclear what you are suggesting. Are you suggesting that what I am posting is incorrect? if so what is correct?

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

  • Laughing-manLaughing-man Member RarePosts: 3,654
    [mod edit]
  • AzothAzoth Member UncommonPosts: 840
    Originally posted by SEANMCAD
    Originally posted by Hockeyisthegame
    Originally posted by SEANMCAD
    Originally posted by Hockeyisthegame
    Originally posted by SEANMCAD

    Zenimax doesnt understand gaming at all so they resort to lawsuits.

    How they ever got into gaming is beyond my understanding.

     

    [mod edit]

    Oh and all the way back in '09-10 timeframe you stated WoW would die off and you wouldn't be able to find it on the shelves.  Now about 4 years later Wow is still on the shelves at every single Target, walmart, best but ect ect.  still the number 1 mmo and DF is gone I have no clue about fallen earth.  Now you are here trumpeting VR and upset Zenimax thinks they have a legit lawsuit.  Well if it was so crazy it would have been thrown out.  So I ask again who doesn't understand gaming?  

    [mod edit]

    I didnt suggest that I know about gaming did I? I suggested that Zenimax does not. Do you think that Zenimax knows about gaming?

     

    No disrespect but you told me to do my own research...so I did...Well I would say they know a lot more then you do. Unless you have a video game out that a fair amount of people bought and are playing right this very second...which I'm going to guess you don't...

    [mod edit]

    Never the less, the subject here is that you think Zenimax knows about gaming, I disagree with you.

    Also the point that Darkfall and Fallen Earth are both still online and were made for far less than 200 million dollars dosent appear to be a good case for you on this subject.

     

    I am unclear what you are suggesting. Are you suggesting that what I am posting is incorrect? if so what is correct?

    Zenimax a company in the gaming business is valued at over 1 billion... So I guess they probably know about gaming.

  • HockeyisthegameHockeyisthegame Member Posts: 84
    Holy mod batman!!! You have a poster post crazy wild accusation over and over with zero proof and when he gets called out by multiple poster he gets embarrassed and reports them?  You then delete said post that embarrassed the poor guy but leave up his fabricated lies?  Is that what I'm seeing on this thread?  
  • SEANMCADSEANMCAD Member EpicPosts: 16,775
    Originally posted by Azoth
    Originally posted by SEANMCAD
    Originally posted by Hockeyisthegame
    Originally posted by SEANMCAD
    Originally posted by Hockeyisthegame
    Originally posted by SEANMCAD

    Zenimax doesnt understand gaming at all so they resort to lawsuits.

    How they ever got into gaming is beyond my understanding.

     

    [mod edit]

    Oh and all the way back in '09-10 timeframe you stated WoW would die off and you wouldn't be able to find it on the shelves.  Now about 4 years later Wow is still on the shelves at every single Target, walmart, best but ect ect.  still the number 1 mmo and DF is gone I have no clue about fallen earth.  Now you are here trumpeting VR and upset Zenimax thinks they have a legit lawsuit.  Well if it was so crazy it would have been thrown out.  So I ask again who doesn't understand gaming?  

    [mod edit]

    I didnt suggest that I know about gaming did I? I suggested that Zenimax does not. Do you think that Zenimax knows about gaming?

     

    No disrespect but you told me to do my own research...so I did...Well I would say they know a lot more then you do. Unless you have a video game out that a fair amount of people bought and are playing right this very second...which I'm going to guess you don't...

    [mod edit]

    Never the less, the subject here is that you think Zenimax knows about gaming, I disagree with you.

    Also the point that Darkfall and Fallen Earth are both still online and were made for far less than 200 million dollars dosent appear to be a good case for you on this subject.

     

    I am unclear what you are suggesting. Are you suggesting that what I am posting is incorrect? if so what is correct?

    Zenimax a company in the gaming business is valued at over 1 billion... So I guess they probably know about gaming.

    ok so you think Zenimax knows about gaming. I do not.

    I dont know if they bought all their assets from other non-gaming ventures, I dont know if they make a great deal of money from lawsuits, I dont know if most of their money comes from the creative efforts of those who do know about gaming but it is my opinion that zenimax themselves do not know shit about gaming. If you disagree then fine, thanks for your input that is a vaild opinion that didnt require reading previous posts on my view regarding darkfall.

     

    thanks

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

  • SEANMCADSEANMCAD Member EpicPosts: 16,775
    Originally posted by Hockeyisthegame
    Originally posted by SEANMCAD

    Here is Zenimax's line of thinking vs opportunity lost

    Zenimax discards virtual reality then when others start to show some coin behind the technology they decide to sue, but BECAUSE their clear lack of understanding of the technology they miss the fact that they have a f8ck ton more money to be made if they became informal partners with Oculus and worked with them on advancing the technoloigy

     

    Any chance you have a link to back that up?  Pretty sure without actual proof of your claim it won't fly in court...or here. 

    The link is the statment I just made.

    In case you are having a hard time understanding what I am posting there that you question is my opinion.

    I am unclear how that is not clear.

    or are you refering to them discarding VR? I am not sure exactly what link you are wanting

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

  • AzothAzoth Member UncommonPosts: 840
    Originally posted by SEANMCAD

    ok so you think Zenimax knows about gaming. I do not.

    I dont know if they bought all their assets from other non-gaming ventures, I dont know if they make a great deal of money from lawsuits, I dont know if most of their money comes from the creative efforts of those who do know about gaming but it is my opinion that zenimax themselves do not know shit about gaming. If you disagree then fine, thanks for your input that is a vaild opinion that didnt require reading previous posts on my view regarding darkfall.

     

    thanks

    Ok so you just admitted of knowing absolutely nothing about them.. you just made all your posts so much more relevant ...

  • SEANMCADSEANMCAD Member EpicPosts: 16,775
    Originally posted by Azoth
    Originally posted by SEANMCAD

    ok so you think Zenimax knows about gaming. I do not.

    I dont know if they bought all their assets from other non-gaming ventures, I dont know if they make a great deal of money from lawsuits, I dont know if most of their money comes from the creative efforts of those who do know about gaming but it is my opinion that zenimax themselves do not know shit about gaming. If you disagree then fine, thanks for your input that is a vaild opinion that didnt require reading previous posts on my view regarding darkfall.

     

    thanks

    Ok so you just admitted of knowing absolutely nothing about them.. you just made all your posts so much more relevant ...

    I am really struggling understanding the two of you to be honest.

    1. to what specific point are you looking for a link?

    2. do you understand the difference between one stating an opinion and one that is a fact?

    3. if I know  nothing about gaming doesnt have anything whatsoever to do with my statement. Is my statement false or is it not. My character or knowedge of gaming has nothing to do with that statement

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

  • SEANMCADSEANMCAD Member EpicPosts: 16,775
    Originally posted by Hockeyisthegame
    Originally posted by Azoth
    Originally posted by SEANMCAD

    ok so you think Zenimax knows about gaming. I do not.

    I dont know if they bought all their assets from other non-gaming ventures, I dont know if they make a great deal of money from lawsuits, I dont know if most of their money comes from the creative efforts of those who do know about gaming but it is my opinion that zenimax themselves do not know shit about gaming. If you disagree then fine, thanks for your input that is a vaild opinion that didnt require reading previous posts on my view regarding darkfall.

     

    thanks

    Ok so you just admitted of knowing absolutely nothing about them.. you just made all your posts so much more relevant ...

     

    [mod edit]

    my knowedge of gaming or lack there of has nothing whatsoever to do with the post in question.

     

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

  • HockeyisthegameHockeyisthegame Member Posts: 84
    Originally posted by SEANMCAD
    Originally posted by Azoth
    Originally posted by SEANMCAD

    ok so you think Zenimax knows about gaming. I do not.

    I dont know if they bought all their assets from other non-gaming ventures, I dont know if they make a great deal of money from lawsuits, I dont know if most of their money comes from the creative efforts of those who do know about gaming but it is my opinion that zenimax themselves do not know shit about gaming. If you disagree then fine, thanks for your input that is a vaild opinion that didnt require reading previous posts on my view regarding darkfall.

     

    thanks

    Ok so you just admitted of knowing absolutely nothing about them.. you just made all your posts so much more relevant ...

    I am really struggling understanding the two of you to be honest.

    1. to what specific point are you looking for a link?

    2. do you understand the difference between one stating an opinion and one that is a fact?

    3. if I know  nothing about gaming doesnt have anything whatsoever to do with my statement. Is my statement false or is it not. My character or knowedge of gaming has nothing to do with that statement

     

    No you are claiming Zenimax knows nothing about gaming....but yet you admit you know nothing about Zenimax.  If you know nothing about them how do you know their lawsuit is frivolous and how do you know they know nothing about gaming...again let me remind you, you just admitted you don't know anything about Zenimax.  
  • AzothAzoth Member UncommonPosts: 840
    Originally posted by SEANMCAD
    Originally posted by Azoth
    Originally posted by SEANMCAD

    ok so you think Zenimax knows about gaming. I do not.

    I dont know if they bought all their assets from other non-gaming ventures, I dont know if they make a great deal of money from lawsuits, I dont know if most of their money comes from the creative efforts of those who do know about gaming but it is my opinion that zenimax themselves do not know shit about gaming. If you disagree then fine, thanks for your input that is a vaild opinion that didnt require reading previous posts on my view regarding darkfall.

     

    thanks

    Ok so you just admitted of knowing absolutely nothing about them.. you just made all your posts so much more relevant ...

    I am really struggling understanding the two of you to be honest.

    1. to what specific point are you looking for a link?

    2. do you understand the difference between one stating an opinion and one that is a fact?

    3. if I know  nothing about gaming doesnt have anything whatsoever to do with my statement. Is my statement false or is it not. My character or knowedge of gaming has nothing to do with that statement

    1. I never asked you for a link.

    2. do you understand the differance between opinion and slander ?

    3. I didn't call you out on your knowledge of gaming but your knowledge of the company you are bashing for some unknown agenda.

  • SEANMCADSEANMCAD Member EpicPosts: 16,775
    Originally posted by Hockeyisthegame
    Originally posted by SEANMCAD
    Originally posted by Azoth
    Originally posted by SEANMCAD

    ok so you think Zenimax knows about gaming. I do not.

    I dont know if they bought all their assets from other non-gaming ventures, I dont know if they make a great deal of money from lawsuits, I dont know if most of their money comes from the creative efforts of those who do know about gaming but it is my opinion that zenimax themselves do not know shit about gaming. If you disagree then fine, thanks for your input that is a vaild opinion that didnt require reading previous posts on my view regarding darkfall.

     

    thanks

    Ok so you just admitted of knowing absolutely nothing about them.. you just made all your posts so much more relevant ...

    I am really struggling understanding the two of you to be honest.

    1. to what specific point are you looking for a link?

    2. do you understand the difference between one stating an opinion and one that is a fact?

    3. if I know  nothing about gaming doesnt have anything whatsoever to do with my statement. Is my statement false or is it not. My character or knowedge of gaming has nothing to do with that statement

     

    No you are claiming Zenimax knows nothing about gaming....but yet you admit you know nothing about Zenimax.  If you know nothing about them how do you know their lawsuit is frivolous and how do you know they know nothing about gaming...again let me remind you, you just admitted you don't know anything about Zenimax.  

    my personal knowedge of gaming has NOTHING WHATSOEVER to do with Zenimax knowing about gaming or not.

    is my statement false or is it true. Who says the statement is irrelevant and a waste of your time pointing out.

     

    why is that hard to understand?

     

    you know the whole 'dont blame the messenger' thing??

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

  • SEANMCADSEANMCAD Member EpicPosts: 16,775

    The statement in question is:

    ----

    Here is Zenimax's line of thinking vs opportunity lost

    Zenimax discards virtual reality then when others start to show some coin behind the technology they decide to sue, but BECAUSE their clear lack of understanding of the technology they miss the fact that they have a f8ck ton more money to be made if they became informal partners with Oculus and worked with them on advancing the technoloigy

    ----

    In that statement I do not say that I have a clear understanding of gaming or the technology and even if I did its not relevant to the statement. One either agrees with my opinon above or they do not agree with the opinion above.

    From my understand some think that Zenimax does understand the technology and gaming which is fine, that just gives me licence to call such people fanboys should I want to but I will not.

     

    it helps to:

    1. understand the difference between a stated opinion and a fact

    2. understand the statement and who says it are different.

     

    understsanding those two things will get you far in life.

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

  • volttvoltt Member UncommonPosts: 432
    it will straight up come down to if he was really working on oculus while still being paid by zenimax and if he signed a non compete or conflict of interest clause in his contract to the company. Most likely there would be such a clause so looks like it will probably go to court if no settlement can be made
  • SEANMCADSEANMCAD Member EpicPosts: 16,775
    Originally posted by voltt
    it will straight up come down to if he was really working on oculus while still being paid by zenimax and if he signed a non compete or conflict of interest clause in his contract to the company. Most likely there would be such a clause so looks like it will probably go to court if no settlement can be made

    well if money is the idea here is something to consider

     

    income gained from winning lawsuit - losing possible customers because of bad PR on the subject.

    vs.

    the income gained by being a leader in VR.

     

    If they think VR is a dud like some people here on the MMORPG forums well then maybe option 1 is worth it.

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

  • Superman0XSuperman0X Member RarePosts: 2,292

     


    Originally posted by SEANMCAD -  income gained from winning lawsuit - losing possible customers because of bad PR on the subject.
      

     

    Now this sounds like Apple vs Samsung, and we can all see how that went.

  • Kaijin2k3Kaijin2k3 Member Posts: 558

    They released court documents, and you can read them here:

    Zenimax's complaint: http://www.scribd.com/doc/225490007/Zenimax-vs-Oculus-VR-complaint

    Oculus' response: http://www.scribd.com/doc/231286100/Oculus-responds-to-ZeniMax-Lawsuit

     

    Zenimax' issue goes beyond Carmack, though he's involved. They're claiming that they worked with Luckey (Oculus CEO) on the Rift even before "Oculus" was a thing and jumpstarted the Rift in terms of resources, design and prototyping. Luckey then broke an NDA, started Oculus, and sold it and avoided compensating Zenimax for all the resources they put into the Rift.

    Luckey is saying Zenimax is full of shit, and that they weren't involved; that only Carmack helped as an individual. He's claiming that Zenimax lost all interest in VR, and never made a peep about compensation until the FB buyout. That ultimately this is just a cheap attempt at a quick payout.

     

    Zenimax' claims are such that could be easily proven with evidence, or disproven. So we shall see how the tables spin. 

     

    EDIT: I don't know why I keep writing Oculus with two C's.

  • SEANMCADSEANMCAD Member EpicPosts: 16,775
    Originally posted by Kaijin2k3

    They released court documents, and you can read them here:

    Zenimax's complaint: http://www.scribd.com/doc/225490007/Zenimax-vs-Oculus-VR-complaint

    Oculus' response: http://www.scribd.com/doc/231286100/Oculus-responds-to-ZeniMax-Lawsuit

     

    Zenimax' issue goes beyond Carmack, though he's involved. They're claiming that they worked with Luckey (Oculus CEO) on the Rift even before "Oculus" was a thing and jumpstarted the Rift in terms of resources, design and prototyping. Luckey then broke an NDA, started Oculus, and sold it and avoided compensating Zenimax for all the resources they put into the Rift.

    Luckey is saying Zenimax is full of shit, and that they weren't involved; that only Carmack helped as an individual. He's claiming that Zenimax lost all interest in VR, and never made a peep about compensation until the FB buyout. That ultimately this is just a cheap attempt at a quick payout.

     

    Zenimax' claims are such that could be easily proven with evidence, or disproven. So we shall see how the tables spin. 

     

    EDIT: I don't know why I keep writing Oculus with two C's.

    well there are a few things that I am unclear on and am looking forward to finding out when the trial starts.

    1. can you sue a company that didnt exist during the time in question even if the code was stolen? I dont think you can. I think all you can do is sue the person.

    2. There are no patents involved to be clear. (more of an point then a question)

    3. If a company nearly explicitly abandons a project and then doesnt pursue legal action for 2 years do they have recourse?

    4. ADDED: I wonder if they can now sue google as well. Maybe that is the real reason Google made cardboard

    I assume on item 3 if it was just an individual who was seeking legal action agasint a company instead of B2B the courts would tell them to go f9ck themselves

    Please do not respond to me, even if I ask you a question, its rhetorical.

    Please do not respond to me

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