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Links » Cream » iPad Trademark Non-News Department: Proview Bankruptcy


iPad Trademark Non-News Department: Proview Bankruptcy

Posted: 19 Jun 2012 12:12 AM PDT

Just for the record:

A court in South China's Guangdong Province will open a trial tomorrow in a case filed by Fubon Insurance asking the court to begin bankruptcy proceedings against Proview Technology Shenzhen Co, a move that might disrupt Proview's ongoing litigation with Apple Inc over the ownership of the iPad trademark.

Fubon Insurance, one of Proview's creditors and a subsidiary of Taiwan-based Fubon Financial, appealed to the Intermediate People's Court of Shenzhen in June 2011 to process bankruptcy liquidation of Proview because of 60 million yuan ($8.68 million) in outstanding debt, but the court rejected the request on March 31 on the ground that the iPad trademark owned by Proview as a company asset might be valuable enough to pay off its debts.

Fubon then appealed to the Higher People's Court of Guangdong Province on April 10. The court yesterday said in a statement that the trial will start tomorrow.

According to China's bankruptcy law, once the court decides to start the liquidation procedure, the trademark litigation between Proview and Apple will be suspended. (Global Times)

The iPad trademark is potentially Proview's most valuable asset, the title of which is under a cloud that will not be resolved until the High Court in Guangzhou rules or the case settles. Don't expect a bankruptcy proceeding to interfere with that or to proceed with that going on in the background.


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Epic Fail Watch: Stan Lee Developing a Chinese Superhero

Posted: 18 Jun 2012 11:24 PM PDT

Without even reading any of the press coverage on this story, I knew this was a loser. Now, I don't enjoy saying this. I'm a huge Stan Lee fan from the old days; the man basically invented the "human" superhero in the '60s. I think I've read almost every issue of The Amazing Spider-Man, and over the years have gone through spurts of interest in everything from The Avengers to X-Men to the many iterations/colors of the Incredible Hulk. I wouldn't go so far to call myself a fanboy, but I'm not a newby either.

So I could have just wished the project well and instead turned my attentions to a jokey, tongue-in-cheek post about this topic. What superpowers will this Chinese superhero have? Who will be his nemesis? Sidekick(s)? Vulnerabilities? The jokes almost write themselves. (And if you want to read some, try a search for #AnnhilatorSuperpower or follow @relevantorgans — the Twitosphere is going to town on this stuff.)

Going with Plan C, I'll stick with some "serious" commentary, you know, since I respect the genre so much. And let me tell you, this latest project of 90-year-old Stan Lee smacks of poor judgment. Let's have a look at some of the details as outlined in the LA Times:

"This is the perfect Chinese hero," Lee said Monday. "China is a nation that is involved with movies and the industry is growing so it's as though all the pieces are coming together beautifully."

The financing piece is off to a good start, certainly, with Monday's news that "The Annihilator" tops the inaugural list of co-productions from National Film Capital, the state-run fund-management company that draws on $422 million raised by the Industrial and Commercial Bank of China and other partners.

I've already got heartburn. How would Stan Lee know what a perfect Chinese anything is? Aiyah! Moreover, as a foreign investment lawyer, I'm sensitive to stupid foreigners thinking that just because the China market is big, that there are a lot of people here, and that there is a lot of investment capital floating about, that Project X is a sure bet. That's the oldest China fuck up in the book.

Stan Lee, and whoever his bad advisers are, looked at all those China-Hollywood deals, took a cursory glance at box office receipts over here, and thought that all they needed was a Chinese superhero to get the RMB flowing. What could go wrong?

Let's start counting the ways:

The plan calls for an English-language movie (with the likelihood of some Mandarin-language scenes) with a budget between $100 million-$150  million and a Chinese lead for a screen story told with considerable special effects and 3-D images.

First, the name "Annihilator"itself. This is an English-language movie, which I assume will then be subtitled/dubbed when it is released here. I don't know what Chinese name this guy is going to have, but if Stan Lee wants to tap into the whole China soft power thing, and keep the government here happy, is "Annihilator" really the image that will go over well in the rest of the world? Shit, a lot of folks in the West already think that the Chinese economy is coming to annihilate them; this just might reinforce that notion.

Second, a $150 million budget? I understand that you need that for the CGI these days, but that's still a big nut to crack. I'm starting to get that "Waterworld"vibe going here.

It gets worse:

"This is going to be a typical superhero story and movie, just like Spider-Man and Iron Man, but instead of featuring an American hero it's going to be a Chinese hero," Lee said. "But it is not a movie specifically for China. This is a movie for the whole world…"

This is Hollyweird industryspeak for a non-niche market flick, one that they want to release worldwide. Obviously with a budget of 150 million, they need it to score big time in the U.S. even though this is a hero for the Chinese audience. And if they make something for China, it better play on nationalism big time or it will fall flat. Think Captain America in a red leotard with gold stars fighting . . . the Japanese? the Mongol Horde? Space aliens? Larry Page and Sergey Brin? That choice is going to be politically difficult, but I'm sure Stan Lee and his team can handle it, given Marvel's solid history with Chinese characters.

Speaking of the home crowd:

"Real Steel" screenwriter Dan Gilroy is developing the screenplay and, after the surprising critical acclaim for that Shawn Levy-directed film, his input may be more relevant than Lee's presence.

No offense to Dan Gilroy, but I'm not sure the writer of the "Freejack" screenplay has what it takes to appeal to your average Chinese national. I don't see any well-known Chinese writers involved in the project, you know, for even a shred of credibility.

What does that mean? Obviously we'll end up with some sort of caricature of what Stan Lee, Dan Gilroy et al believe a Chinese superhero should be. From their perspective. This will be cringeworthy, if Hollywood's other depictions of China, and Asian characters in general, is any indication.

I think you can read between the lines here:

"The Annihilator" will tell the story of a young Chinese man forced to leave his hometown in mainland China amid dramatic circumstances. After time in the United States, he returns home in the guise of  the Annihilator, who uses his extraordinary powers to save the world and also explore his roots.

Heaven forbid that this guy is an Avatarish, "white man savior"-type patronizing lead character. You know, only a Chinese guy who has lived in America has the ability to come back home and save his country. Yeah, that'll go over well.

It's quite possible that if this film is ever released, I will be too embarrassed to watch it. I am, and always will be, a huge Stan Lee fan, but I think the man should figure out how to stop working and retire with dignity. Shame on those folks who continue financing his more ridiculous projects.

This is not going to end well, and I'm feeling a bit like the guy on weibo quoted in the LA Times piece, who said:

I often wonder: America and Japan both have their well-known superheroes, why doesn't China? I don't think it is the problem with Chinese people's creativity. I felt a deep sadness as if I was strangled."

My emphasis. {sigh}


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Lessons Learned, Chongqing Looks Ahead

Posted: 18 Jun 2012 09:27 PM PDT

Three months after replacing Bo Xilai as party chief following his dismissal over allegations of corruption and a cover-up of his wife's role in the death of British businessman Neil Heywood, Vice Premier singled out Bo in his report to Chongqing's municipal party congress on Monday. Marking Chongqing's 15th anniversary as a municipality, Zhang attempted to distance its past and future from the damage caused by the Bo . From Xinhua News:

"The past 15 years was a period when Chongqing's overall strength achieved the fastest growth, its urban and rural areas experienced the biggest changes, and its people received the most benefits in its history," Zhang said.

"Meanwhile we must note that the incident, the death of and the serious disciplinary violations of comrade have greatly tarnished the image of the Party and the nation and have had a grave impact on Chongqing's reform and development," he said.

"We must strictly separate Chongqing's achievements over the past five years and the painstaking efforts of local officials and residents from the three cases. On the other hand, we must sincerely draw lessons from those cases and earnestly improve our work," Zhang told the delegates.

Zhang's remarks come as the CCP's central leadership determines how to finish off Chongqing's disgraced former leader, who is believed to be under house arrest in Beijing, but The Associated Press notes that he gave no update on the investigation. The Telegraph's Malcolm Moore reports that while an investigation may be concluded, senior CCP officials may still be at odds over how to rule on the cases of Bo and his wife:

One businessman in Chongqing, a former mid-ranking city official, said he had heard that Mr Zhang was stilled referring to Mr Bo as "Comrade Bo" in recent meetings and that Mr Bo had done much work to develop Chongqing.

"This means that Bo's case is not yet closed and there is still a fierce struggle in the central government," he said. "Zhang is being very prudent and extremely cautious about the words he uses. Bo's power is not yet exhausted."

"I would say we are still in a vacuum. They have not yet pinned him down entirely, or decided on the nature of the case. Bo has powerful allies and his Leftist route is the one the Party has been walking down for ever and is difficult to divert from."

A second former Chongqing official also said Mr Bo could face more lenient treatment and that the central government appeared keen to extend the limbo around him for as long as possible and to dissipate the momentum around his case.

"He still has support in Beijing and they want to protect him. They are trying to fade the case out. Bo's political career is dead, but they will try to protect him otherwise. One way of them doing that is the rumours that have spread that his wife is schizophrenic, or mentally ill," he said.


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Spiderman’s Chinese Half-Brother Gets Starring Role

Posted: 18 Jun 2012 09:17 PM PDT

At The Los Angeles Times, Jonathan Landreth reports the awakening of National Film Capital, a Chinese state-run company that has lain dormant since its inception in 2008. Heading its bill of forthcoming releases is The Annihilator, based on a Chinese superhero created by Stan Lee, the father of Spiderman, Iron Man, the Hulk, X-Men and others.

"It will be a 100% -China co-production," Mika said, declining to say how much of the budget would come from NFC and how much would have to come from the studio co-production partner he hopes to attract.

Mika said there was also lots of "soft money" from brands interested in being attached to "The Annhilator" — both Chinese brands wanting to go West and Western brands wanting to break into China.

book godfather Lee, now 89 years old, spoke to the news conference in a pretaped video, saying his trip to China (about 10 years ago) was "one of the most wonderful times of my life."

"Let's make a Chinese superhero as soon as possible and as magnificently as possible," Lee said.

Shanghai Daily quoted still more effusive comments from Lee: "I love China and Chinese culture. I have been looking for the chance to cooperate with Chinese movie makers and bring forward Chinese culture to the world. I believe the Chinese superhero will be the best and the most popular superhero loved by people all over the world."

Given the joint production and Hollywood's growing eagerness to avoid hurting the feelings of the Chinese people, The Annihilator will likely bear little resemblance to Mandarin, a supervillainous Iron Man adversary whom Lee created with artist Don Heck in 1964. Taking the character's reins in 2010, writer Matt Fraction commented that "historically, he was the Red Menace/Yellow Peril Antithesis to Tony [(Iron Man) Stark]'s All-American Science Hero …. Now, as time has moved on we've sloughed the more jingoistic, racist, and crude details off the guy …." Responding to rumours last year that Mandarin would be the villain of the film Iron Man 3, director Shane Black dismissed him as "a racist caricature", though this may have been misdirection: according to persistent speculation, Ben Kingsley has now been cast in the role.


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(Most) Foreigners Can Travel to Tibet

Posted: 18 Jun 2012 08:55 PM PDT

Earlier this month, travel agents told the media of a state ban on foreign travel to Tibet. It seems foreigners are once again allowed entrance, albeit under some curious stipulations. Columbia University Tibetan Studies professor Robert Barnett tweeted a link to an update on the Land of Snows travel blog earlier today:

[...]The early word out of Lhasa and the Bureau, which many major news networks across the globe picked up, was that the TAR would be closed until late August or early September. However, the Bureau had a meeting today (June 18) and will begin processing permits for foreigners again starting on June 20th. There are still a lot of restrictions. Only groups of 5 people from the same country will have their permits processed. This means that if you are traveling with a mixed nationality group, you probably will not be able to get permits. Also, for some reason the Tibet Tourism Bureau has stated that people from Norway, the UK, Austria and Korea will not be able to apply for permits to travel to the Tibet Autonomous Region. No real reason was given today for this by the Tibet Tourism Bureau. Also, when the TAR reopens on June 20th, Everest Base Camp will remain closed. Again, no reason was given for this. Lastly, the Tibet Tourism Bureau has told travel agencies that in order to process permits for the required groups of 5, travel agencies will need to submit proof that 50% to 100% of the tour is paid for in advance. This means that anyone planning to go to the TAR will need to pay at least a 50% deposit before their permits can be processed and may even need to have the tour paid for in full.

Lonely Planet, Trip Advisor, and other online travel guides and blogs have been abuzz with the news, and it looks like as of today Tibet travel permits will be available to foreigners outside of those countries still on the blacklist.

Dr. Barnett also posted a follow-up tweet explaining why certain nationals may still be banned:

Banned from Tibet: Norway (gave Nobel to Liu XB); UK & Austrian (leaders met the ); Koreans (invited Tib exiles to a Bdhst forum).

— Robert Barnett (@RobbieBarnett) June 18, 2012

See prior CDT coverage of some of the moves that may have irritated China enough to bar citizens from grouping in 5s and spending their summer vacations on the roof of the world: Norway's Nobel Committee awarding Liu Xiabo the 2010 Peace Prize and British Prime Minister David Cameron's meeting with the Dalai Lama. Also see "Dalai-Led Uyghur Separatists Not Welcome," via CDT.


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Witnessing the Birth of a Superpower

Posted: 18 Jun 2012 08:31 PM PDT

The 's outgoing Asia environment correspondent Jonathan Watts reviews his nine years of reporting from China before taking up a new role as the newspaper's correspondent next month.

This has been an era of protest in China. The government stopped releasing figures a few years ago, but academics with access to internal documents say there are tens of thousands of demonstrations each year. The reasons are manifold – land grabs, ethnic unrest, factory layoffs, cases and territorial disputes. But I have come to believe the fundamental cause is ecological stress: foul air, filthy water, growing pressure on the soil and an ever more desperate quest for resources that is pushing development into remote mountains, deserts and forests that were a last hold-out for bio and ethnic diversity.

This is not primarily China's fault. It is a historical, global trend. China is merely roaring along the same unsustainable path set by the developed world, but on a bigger scale, a faster speed and at a period in human history when there is much less ecological room for manoeuvre. The wealthy portion of the world has been exporting environmental stress for centuries. Outsourcing energy-intensive industries and resource extraction have put many problems out of sight and out of mind for western consumers. But they cannot be ignored in China.

[…] As I have noted at greater length elsewhere, I had come to fear that China may be where the 200-odd-year-old carbon-fuelled capital-driven model of runs into an ecological wall. , where it started, and China may be bookends on a period of global expansion that has never been seen before and may never be repeated again.


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Photo: Noodle Alley, by Mark Hobbs

Posted: 18 Jun 2012 04:07 PM PDT

Sidney Rittenberg: An American in Mao’s China

Posted: 18 Jun 2012 03:48 PM PDT

90-year-old 's life story is one beyond compare. Not only did the South Carolina native witness first-hand the totality of Mao's career as China's supreme ruler, but he also played an active role in the oscillating political environment of revolutionary China. In 1942, The young labor organizer left the US Communist Party to become a soldier in World War II, and was stationed in China in 1944. After the war, he decided to stay in China to work for a UN famine relief program. He came into contact with CCP leaders in Yan'an, and joined the Party.

While there was no abundance of during Mao's , foreign members of the CCP were even less common. Soon after publishing a 1967 editorial in the People's Daily ("中国文化大革命打开了通向共产主义的航道" [China's Great Cultural Opens the Path to Communism]) lauding the ideological foundations of the Cultural , Rittenberg was imprisoned for the remainder of the movement (his second lengthy stint in Chinese prison), and was finally released in 1977. In 1980 he moved back to the US, and has since counseled American companies on how to do business in China, taught Chinese studies at Pacific Lutheran University, and written an autobiography.

The Revolutionary, a film documenting this unique story, recently premiered at Seattle's International Film Festival. The film's official trailer provides a few excerpts of Rittenberg speaking about Mao, the Cultural Revolution, and his time in prison:

Click here to view the embedded video.

A review from People's World describes the film and tells more of Rittenberg's story:

"The Revolutionary" is a "talking head" documentary that doesn't suffer from a lack of action, thanks to Rittenberg's funny, affable, self-deprecating style, his honesty, and his ability as a storyteller to simultaneously enthrall, amuse, and educate. Rittenberg is open about mistakes he made, and "owns" his own shortcomings and bad decisions. He's further humanized by his long abiding relationship with his wife, Yulin.

The film's main visual appeal comes from vintage "socialist realist" posters from the Mao era, and photos of Rittenberg with Mao and other Chinese Communist Party leaders. The film's narrative of Rittenberg's China experience is balanced and well put together.

[...]Besides being a riveting entertainment, "The Revolutionary" is valuable for its insights on the revolutionary process, the importance of maintaining civil rights, and the prospects for progress in the current era.

The film's website is compiling a list of reviews from the media and from China experts. Visit KUOW Seattle's website to hear a recent interview with Rittenberg discussing his long relationship with China and his political views (he is asked what the young, leftist Rittenberg would think about Rittenberg the business consultant). Also, see prior CDT coverage of Rittenberg on China's changes.


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Sensitive Words: Rockets, Poison and More

Posted: 18 Jun 2012 01:43 PM PDT

As of June 18, the following search terms are blocked on (not including the "search for user" function):

The Jiuquan Satellite Launch Center in the Gobi Desert.

  • 含笑酒泉: From a spoof headline about the manned spaceship Shenzhou 9, launched Saturday from the Jiuquan Satellite Launch Center:

Launch a Success / Leaders Die Happy
神九发射成功 领导含笑酒泉

含笑酒泉 hánxiào Jiǔquán sounds the same as 含笑九泉 "to die happy"

 

Mercury in Brand Powder (see also June 13 sensitive words and latest directives from the Ministry of Truth):

  • Yili + mercury (伊利+汞)
  • Yili + milk powder (伊利+奶粉)

 

Alternate Spellings for :

  • LWY
  • liwangyang
  • Li Wangyang (李旺阳): retest

 

Note: All Chinese-language words are tested using simplified characters. The same terms in traditional characters occasionally return different results. CDT Chinese runs a project that crowd-sources filtered keywords on search.

CDT independently tests the keywords before posting them, but some searches later become accessible again. We welcome readers to contribute to this project so that we can include the most up-to-date information. To add words, check out the form at the bottom of CDT Chinese's latest sensitive words post.


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Dalai-Led Uyghur Separatists Not Welcome

Posted: 18 Jun 2012 09:03 AM PDT

A strange keep-out sign has been circulating online:

Notice: The following persons are not welcome in this bar:
Japanese militarists and those who worship at the Yasukuni Shrine
Those involved in international terrorism
Followers of Chen Shui-bian's Movement
Those selling, carrying, or using drugs
Those carrying anti-personnel weapons
Followers of the 's separatist movement

The bar's sign reads like a mash-up of Chinese and nationalism's greatest hits. "Japanese militarists" harken back to Japan's colonial era, from the late 1880s to the end of WWII. The Yasukuni Shrine in Tokyo is dedicated to all those who have given their lives to the Emperor, including WWII dead. Because of the brutality of colonial Japan and the lack of a satisfactory apology, annual visits to the shrine by Japanese heads of state send China and other East and Southeast Asian countries into a fury.

Rebiya and Kadeer and the Dalai Lama.

Chen Shui-bian, the first non- president of , is one of the founders of 's pro-independence . He's less involved these days, as he is serving a 19-year prison sentence for graft, money laundering and forgery.

The curious group of unwelcomes at the end of the list is a conflation of the Tibetan and Uighur human rights movements. "East Turkestan" refers to the Xinjiang Uighur Autonomous Region, site of protests in 2009. , exiled president of the World Uyghur Congress, has been labelled the "Uyghur Dalai Lama" and blamed for the 2009 violence in the Chinese press. Neither the Dalai Lama nor Rebiya Kadeer publicly advocate secession from China.

The bar sign excited some Weibo users:

GuoShaoying: Is this an anti-traitor bar?
郭少英: 能开好,这不开了反汉奸酒吧吗?

PepperXiang-RealEmperor: Followers of the Dalai Lama's East Turkestan separatist movement—the guy who wrote this must think he's really smart, but he managed to make a fool of himself in one sentence. Why don't educated people open bars?
青椒翔-真相帝: 以达赖为首的东突分子,以为自己挺有范,结果一句话就露怯了。为什么文化人就开不好酒吧呢

NoWindStillRain: Followers of 's Al-Qaeda
风停雨不止: 以卡扎菲为首的基地分子

ZhouXu: The Dalai Lama merged with the East Turkestan separatists? Now he's involved in Xinjiang, too?
周序: 达赖现在兼并东突了?他还管新疆的事情?

XiangXiaokai: How can the East Turkestan separatists stand to be so insulted as to have the Dalai Lama called their leader?
项小凯: 东突情何以堪,居然委屈以达赖为首。

Read more about Taiwan, Tibet and Xinjiang from CDT.

Sign translated by Josh Rudolph.


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The Daily Twit (@chinahearsay links) – 6/18/12

Posted: 18 Jun 2012 06:02 AM PDT

If you're expecting to see links here to the "First Chinese Woman Astronaut in Space" story, think again. It's exciting, I know, but once you get past the title of these articles, what else do you really need to know? You're on your own with that stuff. You might also be looking to read up on the "Manned Space Docking" story, where some sort of space-going vehicle must have docked with something else up there operated by China. I have no clue; this kind of thing seemed a lot more exciting in the 60s and 70s. Take away the nationalism angle, and it's all rather derivative. Honestly, I'm not really going to take much notice until someone goes back to the moon.

Alternatively, you can read the following:

Global Times: Writers struggle with rules of Chinese TV production — a very cool article by a TV writer who explains the myriad limitations that go with the job. The tag line here is that this particular creative job is like "dancing in chains."

Economic Observer: Beijing to Lower Taxi Fuel Surcharge from 3 to 2 kuai as of today — lots of talk about this move, most of it bitching by folks who find it difficult to get a taxi. If the price goes down, demand will go up and it will become even more difficult. See how useful Econ 101 can be?

Foreign Policy: Red Moon Rising – By John Hickman — If you're into the whole "space race" thing, this article moves things out of earth orbit onto the moon, which is much more interesting (see above). Will D.C.'s China strategy move from an Asian pivot to a lunar conflict? Sounds like a crappy action movie but makes for a nice discussion.

Wall Street Journal: China Housing Prices Decline at Gentler Pace — after some government policies designed to prop up the economy, data shows that the sector might be firming up. This runs counter to the doom and gloom constituency out there who were predicting a catastrophic puncturing of the housing bubble. On the other hand, it's hard to say what might happen in the future, particularly since China's property market is not immune to indirect factors from the U.S. and EU.

Reuters: China home price declines slow, Beijing to keep curbs — another take on the property price issue is that these declines were by design. While the government is now trying to stimulate the economy, it was actively engaged in letting the steam out of the bubbly housing market over the past year or so.

Wall Street Journal: U.S. and China Headed for Fight Over Iran Oil? Not So Fast. — the U.S. sounds like it's going to start playing hardball when it comes to nations that do business with Iran. The U.S. is concerned with nuclear proliferation and the stability of the Middle East, but China is Iran's largest energy customer. But will the U.S. actually follow through with penalties on Chinese firms? Kinda doubtful.

New York Times: Beijing and Manila Ease Tensions in South China Sea — looks like both sides are pulling back for the moment, although the moves are being explained by worsening weather conditions. I wonder whether that's an excuse for not sounding weak or if this really was about typhoon dangers? The NYT characterizes the moves as "carefully choreographed." Either way, having the fishing boats out of the way might allow for a peaceful resolution.

Protesters disrupt speech by Crazy English founder — not all protests in China concern shady land deals or environmental disasters. Li Yang was accused of beating his wife, and the story was huge for a couple of weeks in China. He and his wife are now getting a divorce, but people have long memories. A group protested a speech Li was giving on Sunday, which included holding up signs that read "English skills are easy to learn, but the pain of domestic violence is hard to relieve". Indeed.

Telegraph: 'Sexy' Mandarin language school slammed by Chinese feminists — I suppose they're right, but it's still a bummer. If you're like me, you need serious motivation to study, and it doesn't get better than this. Oh well, it was nice while it lasted.


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