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Old 01-06-2005, 07:34 PM   #1 (permalink)
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Fear Factor Lawsuit

http://www.foxnews.com/story/0,2933,143582,00.html
Quote:
'Fear Factor' Viewer Sues NBC Over Rat-Eating Contest
Thursday, January 06, 2005

CLEVELAND — Apparently nausea was a factor for a "Fear Factor" (search) viewer who is suing NBC for $2.5 million, contending an episode in which contestants eat rats made him vomit.

Austin Aitken (search) said he watches "Fear Factor" often and had no problem with past episodes in which the reality show's contestants ate things like worms and insects in pursuit of a $50,000 prize.

But the Cleveland man said showing people eating rats mixed in a blender was degrading to the contestants and the viewers.

"These networks are going too far. Period," Aitken said Thursday. "They need to check themselves, clean up their own acts. It's barbaric, some of the things they ask these individuals to do."

Aitken's handwritten lawsuit contends the rat-eating made his blood pressure rise, making him dizzy and lightheaded.

"I didn't see the doorway on route to my room," his lawsuit reads. "I ran into it causing suffering, injury and great pain."

Asked why he didn't shut off his television before the rat-eating (search) segment, Aitken said he couldn't do it quick enough.

NBC responded with a brief statement: "We believe that the claim is completely without merit."

Aitken, 49, said he wants to send a message to NBC and other networks with the lawsuit. He said he isn't concerned with winning a cash judgment in court.

"I just put any figure. You really think I expect to get 2.5 million?" he said.

Court records show Aitken, who works as a paralegal, filed two lawsuits against tobacco companies in the late 1990s. Both were dismissed.
Does anyone else find this rediculous? It is lawsuits like this that cost taxpayers money. This guy should have to pay all the court costs if he looses. He has already lost 2 lawsuits against other companies and now he is doing another one. Why can't people just earn their own keep instead of wanting everything handed to them on a silver platter?
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Old 01-06-2005, 07:50 PM   #2 (permalink)
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i personally agree with this guy's quest to teach networks a lesson (im not saying i think it'll work), but his reasoning for it is something i completly understand. if anything, i hope that the message gets across, but i agree with you about it being to costly. i wish there was another way to do it, but i think it needs to be done.
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Old 01-06-2005, 07:55 PM   #3 (permalink)
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Do you think he is doing it to teach them a lesson? Or is he doing it in order to get money. If he wanted to do it to teach him a lesson then he should go out right now and sign a contract and say every dollar he gets from this case will be donated to certain chairities. My guess is he would scoff at that. $2.5 million because he couldn't change the channel is stupid.
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Old 01-06-2005, 08:02 PM   #4 (permalink)
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i completly agree with you. in fact it might piss off the network more and gain him some brownie points with the court.
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Old 01-06-2005, 08:11 PM   #5 (permalink)
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I think this guy is crock and his lawyer also... what was he watching fear factor for??? dining tips???
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Old 01-06-2005, 08:15 PM   #6 (permalink)
Junk
 
Tick tock tick tock. Does 15 minutes seem to be getting longer and longer these days or is it my imagination. Yeesh, I though I had heard enough of these fucktards when people were suing fast food joints because their greedy fat asses couldn't control their brain long enough to say NO.

When this case gets thrown out of court this idiot should be ordered to wear a 2 by 4 foot sign in public for a year stating why he has to wear the sign. Oh but then he'd sue again stating his constitutional rights were violated causing mental distress and anguish. Fuck off

You know for all the talk about eroding rights and freedoms people talk about on this forum,...you know what,..let's start with these losers and do some shock treatment to see the outcome and if morons like this can be rehabilitated or not. At least then he'll have an avenue to sue, that is if he can spell his name. Fire up the electrodes, we have incoming!!
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Old 01-06-2005, 09:14 PM   #7 (permalink)
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Do people really watch this kind of crap? I have seen the commercials and have no interest in seeing the entire program.
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Old 01-06-2005, 09:27 PM   #8 (permalink)
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Quote:
Originally Posted by Boo
Do people really watch this kind of crap? I have seen the commercials and have no interest in seeing the entire program.

I'm sure some do, but then again springer and all the other smutt shows are still on also. Some people have very poor taste.
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Old 01-06-2005, 10:11 PM   #9 (permalink)
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This guy sounds like he screwed up his retirement funds somehow and is trying to sue anyone to get some money. This is his 3rd lawsuit? This guy is a looser. I have no respect for individuals who sue other people because they have money.
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Old 01-06-2005, 10:16 PM   #10 (permalink)
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I positively hate people who obviously try to abuse the system. I'd love to make that guy eat a rat.

Seriously.

Does anyone know where he lives?
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Old 01-06-2005, 10:18 PM   #11 (permalink)
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typhus is right. if this guy is grossed out by things like that, then he shouldn't have been watching fear factor in the first place. He could have closed his eyes and covered his ears or something. it's his fault he was still looking at the screen when the rat thing came up. when he said he couldn't do it quick enough, that was just dumb. he knew it was coming, yet he continued to watch the tv. so what if he couldn't turn it off. it's not that hard to look the other way.
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Old 01-06-2005, 10:25 PM   #12 (permalink)
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My first thought was that the guy is wrong. Howver now that I think about it, this is good. He's taking it on himself using his money and his lawyer rather than filing a complaint with the FCC. I don't like frivilous lawsuits. But in this case I don't think it is that bad of a deal. NBC can afford to fight it and they will probably win because the idiot could have closed his damn eyes or turned it off. But I like this better than an FCC complaint.
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Old 01-06-2005, 10:30 PM   #13 (permalink)
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Location: McDonald's Playland
exactly my point. the FCC knows what they're doing. there's no way this guy is going to win
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Old 01-06-2005, 11:21 PM   #14 (permalink)
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I'm assuming that the majority of people here have either watched the show or at least seen a commercial. Especially having openly admitted that he is a regular viewer of the show, what did he expect? The show isn't advertised as a family show and I personally think that eating a rat is no worse than eating a deer penis (which has been done on the show also).
Quote:
"I didn't see the doorway on route to my room," his lawsuit reads. "I ran into it causing suffering, injury and great pain."
I personally would have loved to have this moron on tape smacking into a door frame in his own house. I have no sympathy or respect for this guy. Stop watching the show and get over it.
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Old 01-06-2005, 11:27 PM   #15 (permalink)
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yeah and live dragonflies too
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Old 01-06-2005, 11:35 PM   #16 (permalink)
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I've watched plenty of Fear Factor at times. It gets silly and pointless after you've watched an episode or two. The mere fact that he's watched the show repeatedly is case enough against him. What, hundred year old egg-nog, live crickets, and moose testicles are fine but blended rat is straight out just over the line? Um...yeah, okay.

You want to make the case that Fear Factor represents bad TV, that it is stupid, gross, what did he say...degrading to viewers and contestants...whatever, that's fine, and I agree to some extent. But you can get that in one show at most. If you've watched it more than once, then that is consent to the programming.

I look for this to be dismissed. If its not, and certainly if it goes to trial, I would be gravely concerned. If there is any kind of award, it would be disasterous.
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Old 01-06-2005, 11:37 PM   #17 (permalink)
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yeah, i can't stand fear factor. unless i'm in a bad mood. sometimes i like to see others suffer on t.v. is that evil?
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Old 01-06-2005, 11:54 PM   #18 (permalink)
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This is pathetic.

That's all I have to say about this.


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Old 01-07-2005, 12:47 AM   #19 (permalink)
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The guy threw up because he watched rats being blended and imbibed on television? What a fucking pussy.
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Old 01-07-2005, 12:58 AM   #20 (permalink)
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Location: Right here
I don't think it's pathetic at all.

I think he is using his money and his attorney to present a case before the public.


Obviously he knows he is going to lose. He also knows he has somehow "consented" to the programming by watching it at all. That's not what he's saying however. This is an inexpensive way to promote the platform that network TV is full of shit content.

It's not a frivolous lawsuit in the sense that his point is socially important. But frivolous in the sense that it has no legal merit. Of course, it will be rejected and he will have to bear the costs--not the taxpayers.

So what's with the animosity? Would people prefer he go the route of FCC complaint? Letters to the editor? This is a perfect opportunity to break the hypnosis and rouse people to strong opinions on either side. Galvanizing public opinion is a very respectful endeavor in my opinion so we can put notion to notion and see where the public ultimately stands.

I've personally had enough of shlock programming. Yeah, I could refuse to watch it, and I do. But that's not really the point to me--use our public airwaves for investigative reporting on the conduct of the UN.
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Old 01-07-2005, 01:18 AM   #21 (permalink)
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Yeah, some of the old "Leave it to Beaver" episodes can get nauseating at times as well. But I can't resist the urge to watch.

Of course this guy has no case. But I'm sure the network loves the publicity.
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Old 01-07-2005, 06:52 AM   #22 (permalink)
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What a surprise that smooth is the only one to think this lawsuit has any merit at all.

This is not a serious claim for damages, and the courts are not to be used for social protest or to simply "send a message." Letter-writing campaigns send messages -- not lawyers and frivolous lawsuits.
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Old 01-07-2005, 07:03 AM   #23 (permalink)
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I hope he wins if it means the networks will have to start employing creative talent in order to make good tv shows, rather than making cheap rubbish like fear-factor that appeals to the lowest common denominator.
 
Old 01-07-2005, 08:11 AM   #24 (permalink)
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I saw the episode is question while I was having pizza. No big deal.
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Old 01-07-2005, 08:40 AM   #25 (permalink)
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First off, Fear Factor, as far as I am concerned is not pure trash on the airwaves. For me at least, it serves a very valid purpose. It allows me to shut my brain down and experience through the program the emotional effects of facing various situations. For me, I enjoy the stunt challenges, as I have a horrible fear of heights, but the gross-out challenges aren't my favorite. Luckily its usually a 2-to-1 advantage in favor of the stunts.

I use my brain enough during the rest of my day (I spend less than four hours a week watching any kind of T.V.) that I'm not ashamed at all to turn it off for a rest once in a while. Of course I don't expect Fear Factor to stimulate me mentally or be 'good television', if I want that, I'll catch a run of West Wing or something. But for stimulating primal emotions like fear, anxiety, and such all while giving the brain some nap time, for me Fear Factor fits the bill.

Now that really isn't the point of the article. Apparantly, the real issue seems to not be whether the guy suffered legitimate damages at the hands of the producers (I think we can agree he didn't), but whether or not it is legitimate and appropriate to use such a suit to raise a political point or promote social change.

Personally, if one wants to crusade for better TV, I think that's a noble cause and you ought to pursue all manner of legal ways to do so. However, by forcing the network to spend money fighting a legal case that itself has no merit, but use that case as a platform for your voice? That to me is akin to vandalising their building with 'Networks Suck' spray painted on their walls. At least it is non-violent, but it does destroy property, and that isn't right.

Our legal system is already under strain, and by misusing the system to try and do things you shouldn't be using it for is bad because it further limits the ability of those who do have legitimate damage claims to see them addressed fairly by the courts.
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Old 01-07-2005, 10:28 AM   #26 (permalink)
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Smooth is right on, as usual.

Litigation, although typically nasty, useless wastes of time and money, is a valuable tool in this age of gov't in the pocket of business. As we are well beyond the stage of the citizens being protected from business by gov't, litigation is the only avenue left for defense.

When the FCC steps in we simply have the gov't deciding how to implement our censorship laws instead of an open process within a court. And when the FCC steps in for less than a dozen complaints about, for example, the Olympics opening ceremony, to investigate the possibility of offensive material, I find their judgement to be sorely lacking.

Personally, I wouldn't have filed a lawsuit in this case. And I probably wouldn't have become violently ill either. But that does not mean the guy should not be allowed to file a lawsuit if he so chooses, nor should he be criticised for doing so. I certainly prefer his tactic to that of a letter writing campaign to the closed-system FCC.
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Old 01-07-2005, 10:43 AM   #27 (permalink)
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The world already laughs at the types of cases that the US legal system entertains, and the absurdities they cause - this one isn't going to make a whole lot of difference.

The world also laughs at the cheese that is bad American TV - maybe at last, these two worst parts of American culture will do something positive and cancel one another out.
 
Old 01-07-2005, 10:49 AM   #28 (permalink)
Junkie
 
The problem is this guy isn't paying all the costs smooth. Who payes the judges, balefs, court clercks, secretaries, electric bills, ect. What about the non-frivoulus cases that are waiting to go through but are on hold because of this.
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Old 01-07-2005, 11:10 AM   #29 (permalink)
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Location: Right here
Quote:
Originally Posted by seretogis
What a surprise that smooth is the only one to think this lawsuit has any merit at all.

This is not a serious claim for damages, and the courts are not to be used for social protest or to simply "send a message." Letter-writing campaigns send messages -- not lawyers and frivolous lawsuits.
I specifically pointed out that the case didn't have merit.
Please don't drag the discussion down by trying to put me in a personal bad light.

If you did so accidentally, I forgive you.
If you are doing so on purpose, please refrain in the future.


jb2000, I see your point. But my frustration with other means of resistance leads me to side with the plaintiff. I can agree with you that it might not be "right" in various ways, but I must admit that it feels good to spray-paint on the wall when the institution won't answer the legitimate concers of some people it's affecting (although I can see your point of the utility of light-hearted programming--I think the plaintiff would agree too, after all he was watching it, but maybe you he and I would agree to look at the overall trend with skepticism).

rekna, the loser in a civil matter pays the bills. If you think that court fees and fines are not sufficient to cover the costs, I don't know the answer that would convince you. But we should operate under the assumption that the courthouse knows its operating costs and charges sufficiently. If not, then they need to raise their prices.

In terms of the cases waiting in the wings, don't worry. This case is not going to take up courtroom time. It will be rejected before by a magistrate or ended by summary judgement. If you've ever been involved with a civil case, remember that there are a number of things that occur before it even takes up the time of the court. As far as the guy is concerned, his filing has already served its purpose.

The only time he's taken from the court (and its costs), was the 5 minutes it took for the clerk to file and charge him the fee. Cases don't automatically or even quickly take up the courts' airspace.
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Old 01-07-2005, 11:35 AM   #30 (permalink)
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Well, as stated, I would hope it will be dismissed, and that would be the proper workings of the system. Smooth is right that we should not impune someone's right to file suit, no matter how frivolous the media report on the thing is. Let the courts function, and if they screw it up for some reason, we can scream 'Aargh!'.
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Old 01-07-2005, 11:48 AM   #31 (permalink)
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Strange. Last I heard TVs have a power button. Have things changed since yesterday?
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Old 01-07-2005, 02:14 PM   #32 (permalink)
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Quote:
Originally Posted by Coppertop
Strange. Last I heard TVs have a power button. Have things changed since yesterday?
Yeah, you have to remember which one of the buttons on the 3 remotes to push.
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Old 01-07-2005, 02:55 PM   #33 (permalink)
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the guy bringing the case should be laughed out of court

this show should be banned from the airwaves. if the FCC is so keen to protect us from the human body maybe they should protect us from this smut

the world, and amerca, would be a better place without this show and without this bs case. if the guy gets "Fear Factor" taken off the air I'll give him props, if he just gives them more hype and doesnt even get paid... he is a joke.
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Old 01-07-2005, 08:46 PM   #34 (permalink)
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I think that this is taking up way too much time, let this clown and his lawyer get thier 15 minutes and go on to someting else. The FCC only listens to who screams the loudest, not what is quality. I don't care what is on television, it is up to the people themselves to police the airwaves, and that is done best by changing the channel. Oh yea, I think that a little personal responsibility might be required.
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Old 01-07-2005, 08:53 PM   #35 (permalink)
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I'd still like to make him eat a rat for wasting so much of the taxpayers money on a frivilous lawsuit.
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Old 01-07-2005, 09:30 PM   #36 (permalink)
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Location: Allen, TX
Quote:
Originally Posted by willravel
I'd still like to make him eat a rat for wasting so much of the taxpayers money on a frivilous lawsuit.
He might deserve to eat the rat, but I don't think he's cost any taxpayer money as of yet. The costs should have been covered so far by his filing fee.
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"Don't tell me we're so blind we cannot see that this is my land! I can't pretend that it's nothing to do with me.
And this is your land, you can't close your eyes to this hypocracy.
Yes this is my land, I won't pretend that it's nothing to do with me.
'Cause this is our land, we can't close our eyes to the things we don't wanna see."

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Old 01-09-2005, 07:59 AM   #37 (permalink)
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Quote:
Originally Posted by jb2000
He might deserve to eat the rat, but I don't think he's cost any taxpayer money as of yet. The costs should have been covered so far by his filing fee.
I haven't watched Fear Factor, but I'm wondering if I can sue them for the time I busted a gut laughing at the Dave Chappelle parody where Tyrone ate the elk penis.

<img src=http://groups.msn.com/_Secure/0SQAnAyYXoG95*9eLpME91bQSPdUgusPbUWqy9tl1I!3TB1fnSB9CgmP2eiOy0m8CaRlVIf!VZaVfcXM8*uQUElZWvT7s04BQ1CNHg7qGaq!MfvmQ0VXJeg/Tyrone.jpg?dc=4675505154574936931></IMG>

Last edited by sob; 01-09-2005 at 03:19 PM..
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Old 01-09-2005, 01:28 PM   #38 (permalink)
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Hmm...this just seems stupid to me.
Is Fear Factor a good show? No, it's crap.
Are people forced to be in it and/or watch it? No, they're not.
If you don't like it, don't watch it, it's as simple as that...
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Old 01-09-2005, 07:04 PM   #39 (permalink)
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the thing i do not understand is why this man thinks he deserves 2.5million?
He didnt do anything but sit his fat ass on the couch and watch the show.
Using the Chappelle show reference above me, I should sue Comedy Central for Dave Saying Nigger multiple times each show, its not my fault his show is funny thats why i watch it, but saying that word highly offends me and its wildy inaproppriate, looks like its time to collect a million.

I apologize if this was already covered or commented on i only skimmed the posts
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