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Topic:
Who owns the program when the project is done?
This thread has 305 replies. Displaying posts 211 through 225.
Post 211 made on Sunday February 1, 2009 at 21:07
Audible Solutions
Super Member
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3,246
On February 1, 2009 at 20:17, smokinghot said...
If you feel your skills and/or time are not being compensated,
I will have to agree with others here that your business
model has failed.

At some point ignorance is no justification. The business model is flawed and failing but it is still valid. In the final analysis the job is still profitable but programming and installation are not paid for in full by the client. They are line items but those line items reflect only a part of the real costs. The rest is made up from other, profitable parts of the job.

Let's try this. If I could tell you that you would earn 50K from a job that took 4 months to install and that your net profitability would still hover around 8-12% would you think you were doing well? If I told you that if you analyzed that part of your contract which concerned labor and that you lost 25K on it would it effect the conclusion your reached?

The point is not that the job is not profitable it is that labor is not. I can lower my equipment prices and increase labor but I have a zero sum situation. The client is going to pay X dollars for this job. As equipment profits shrink the business model where equipment sales funded labor becomes less and less tenable. Here the only relevant factor is to point out to the Gentleman from Texas that his assumption that the client paid for the code once was incorrect. He paid for the job, he purchased a working system. I funded unprofitable parts of the job from the profits of other parts of the job. In the end I make a profit. I just do not make a profit on labor and programming. These can be seen as loss leaders or as the cost of doing business. But they do back up my argument that if the client wishes the code he ought to pay for it.

Alan
"This is a Christian Country,Charlie,founded on Christian values...when you can't put a nativiy scene in front fire house at Christmas time in Nacogdoches Township, something's gone terribly wrong"
Post 212 made on Sunday February 1, 2009 at 21:11
Audible Solutions
Super Member
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On February 1, 2009 at 16:36, Devil Dog said...
Oh! I have been following Alan and this whole debate for
many many many years..

I hope I have been entertaining................and informative, though I suspect we come out on different sides of this debate.

Alan
"This is a Christian Country,Charlie,founded on Christian values...when you can't put a nativiy scene in front fire house at Christmas time in Nacogdoches Township, something's gone terribly wrong"
Post 213 made on Sunday February 1, 2009 at 21:29
Audible Solutions
Super Member
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On February 1, 2009 at 14:41, Devil Dog said...
Then stop bitching and bill for it. If you don't you are
the issue not the client. If you don't feel you can bill
for it then your going to need to evaluate your business
model and billing/programming practices. This has nothing
to with the client. If I make a module I damm will be
using it over and over and over. The first client may
take some but not all of my R&D but that is my decision
and I know I will make it up in longer run. Also I don't
create new stuff on a daily basis and do share with others
in my staff. If We can get jobs done quicker and do more
of them then why not... Like I said business model.

A valid point. I have argued that my salespukes sell feature sets not equipment but they are too dim to understand and that is my misfortune. This will change but change is slow.

Unfortunately, I cannot always predict where I will lose my shirt. I will not know when Crestron's firmware will break something that used to work, when a driver that used to work will cease to work on a new display. I cannot predict if the firmware in a WAP that used to work with a WiFi remote will continue to work. I cannot afford the spectrum analyzer that will tell me what is causing my wireless network, and my WiFi remotes, to work like crap.

I cannot know why a Kaleidescpae server failed and needs to be replaced. I cannot know why Lutron "A" modules don't work on Jobs A and B but work perfectly fine on other jobs.

Controlling type A clients is very, very difficult and the more successful the client the better he is at negotiating what he wants then I am.

That said, I do agree with you. My only point is that because one part of a job is unprofitable doesn't imply that the entire job is.

Ironically, I do get my hourly when I am the one called in to fix the system. When you are selling high tariff items clients just hit a wall where they don't want to go further. Better salespukes can overcome this to a point but I know mega CI firms who have told me the same stories I am retelling here and they have super salesmen.

Given equipment margins it is becoming a seriously flawed model and it will need to change.

Don't be surprised if Crestron and AMX do not become more insistent on the use of their wizards to deal with this issue. But I don't think the basic paradigm matters if you are dealing with C4, CQC or Crestron. At some point the client will only spend X on his system and you have to determine if making less on programming then you should makes the job one you should pass on. But it does alter the equation about whether the client should pay for the code if he wants it.

And this, finally, and I am sure to the relief of many, is my final post on this subject.

Alan
"This is a Christian Country,Charlie,founded on Christian values...when you can't put a nativiy scene in front fire house at Christmas time in Nacogdoches Township, something's gone terribly wrong"
Post 214 made on Sunday February 1, 2009 at 22:16
Ernie Bornn-Gilman
Yes, That Ernie!
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Too bad that was your last post on this subject.
On February 1, 2009 at 21:29, Audible Solutions said...
A valid point. I have argued that my salespukes sell
feature sets not equipment but they are too dim to understand
and that is my misfortune. This will change but change
is slow.

Jeez, you sometimes write obtusely. Do you mean
I have argued that my salespukes SHOULD sell
feature sets, not equipment, but they are too dim to understand
and that is my misfortune. This will change, but change
is slow.

OR
I have argued that my salespukes sell
feature sets, not equipment, AND THEY SHOULDN'T DO THAT
but they are too dim to understand
and that is my misfortune. This will change, but change
is slow.


My first brou-haha with you came years ago when you left out a "not" in a final statement, making me think you meant the opposite of what you intended. You, of course, were offended that I took you at your (mistaken) word. Here you are at the final post using what appears to be subjunctive, which modern English has pretty much abandoned, using "should" in some form to clarify the meaning...and two almost opposite meanings emerge.
A good answer is easier with a clear question giving the make and model of everything.
"The biggest problem in communication is the illusion that it has taken place." -- G. “Bernie” Shaw
Post 215 made on Monday February 2, 2009 at 00:17
bcf1963
Super Member
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On February 1, 2009 at 20:45, Audible Solutions said...
Any one ever deal with a commercial network with multiple
Vlans? Rare is it that these are not being installed
at the same time I'm installing my system. Rare is it
that I don't lose considerable time to making that network
work, even if there is a professional IT involved. These
networks are complicated to set up.

And this would be the customers problem how? You decide when to perform the install. If you choose to install with an incorrectly functioning network in place, seems like you are creating your own problems. Doesn't seem like any decent justification for why programming is expensive. Seems like a great justification of how not managing a business runs costs up for the customer.

In so far as the business model is concerned I agree.
But since we are not selling equipment priced at 1 dollar
or 10 dollars per unit we have to deal with sticker shock.
Moreover, this business model has been grafted on to an
older "salon" business model and as control systems became
the sole remaining profit center it has continued. The
great audiophile salons saw custom installation as an
other form of box moving.

I assure you that talking with my customers paying $1 for an IC is no easier. They fight tooth and nail for every percentage point.

It is not that I cannot charge my hourly rate it is that
I cannot bill for the real time it takes to install and
program a system, unless I am willing to lower the cost
of other parts of the proposal. I am not writing anything
anyone else in this industry does not know. Since you
are not in the industry you deductively reason that it
cannot be accurate. As in the case where you called the
rationalist philosopher Descartes an existentialist you
are unfortunately wrong here. I am charging what the
market will bare and I am funding the job out of the entire
job, not merely a single line item. I am continuing to
function on a net profitability of 12 per cent which is
typical of most small businesses. The client does not
pay for the software but for the job. Rare is it that
labor and programming costs are accurately reflected in
a contract. Since the client has not paid for the software
but for the job to be completed he ought not to get said
software without paying for it. The client has not paid
for the software. He has not paid for the installation.
He has paid for the entire job as a whole, including
wire, materials, equipment, engineering, project management,
documentation, labor and programming. I make my profit
from the entire job. Labor, from which programming is
a part, is a loss leader. The point is that becuase it
is not paid for directly the client has no intrinsic right
to its ownership but a right to use it on the job I installed
for him

Alan, please note the difference between "can't" and "won't". It's not that you can't bill for your time, it's that you won't because that may mean you don't get the job. If you feel it is necessary to provide programming as a "loss leader", then it may be a viable business tactic... But then don't show up here and complain about how the customers won't pay the true cost of programming, in such a model, it is a cost of doing business, and should be accounted for as so.

Regarding my belief about your business model being "not accurate". It's a bit hard to tell what you mean. I fully believe you charge as discussed. I believe many installers do. Doesn't mean I have to accept it as your customer. Know full well that I would never sign a contract that doesn't spell out my rights in the area of licenses, programming, and the source. Those involved in a system with me as the customer will provide the source as requested, or not be contracted for in the first place. I believe this will happen at some point with the majority of customers, as they become educated.

I don't wish to derail this thread any more with side
issues such as managerial professionalism but the fact
is most of us in this industry are not MBAs and cannot
afford to add professional management to our business
model. I do not have the control that lots of other businesses
have nor do I have the budgets. The equipment we install
requires more sophisticated data networks but we, unlike
business, do not always get to dictate all functional
requirements or have full time staff on site.

Not sure what this has to do with the disussion...

I am sorry you don't see it but it doesn't make it less
true. I have salespukes who do not know how many serial
ports are contained on the processors they sell. They
do not know and I suspect they are proud of not knowing
that a Graphik Eye requires a switch leg to have its neutral
in that electrical box. I have customers who have no
clue what it takes to install these systems but they have
finite budget limitations.

You are great at talking "around" issues. Which "it" is it that I don't see?

The fact that you have "salespukes", and would call them that, tells me plenty. You hold disdain for your employees, yet won't take the effort to remedy the situation. This is supposed to be some grand reason why I have to accept how you wish to do business?

My choice is to leave the business and that is not an
acceptable choice. So I, as does every CI funds under
funded aspects of a job from equipment sales. And if
a client continues not to pay for my service calls I don't
make any more calls. But you'd tell me I am holding the
code hostage.

That determination would be a function of the customer, why the calls are needed, and the contract both parties agreed to. But I understand why you love to trot out this old tired argument. No one here has once implied that customers who refuse to pay the contracted price, should receive source.

What does happen on occasion is that a CI firm will send
the client a bill for 100k in labor and programming.
It then gets negotiated down to 5 or 10 cents on the
dollar. Commercial and residential jobs are very different.
Corporate jobs have budgets but they are still other
people's money. Perhaps you have paid attention to the
recent news about Citibank and its expenditures, bonuses
and executive compensation. But once you work in residential
you are being paid with after tax dollars and there is
no consultant to persuade the client that programming
is a crucial line item that really does have the cost
contained in the proposal. Don't take this to mean that
commercial jobs do not have their own issues or that consultants
are a great innovation.

So, you are trying to say, that a customer has been blind-sided by programming costs not contained in the proposal, and you are surprised by how a client might wish to negotiate on this? If they are not being blind-sided, no need to cave in and accept 10K rather than 100K, take em to court. Seems like that would be an easy decision.

You may wish to half my hourly rate but the rate is specified.
You have never heard a client say " if I have to pay
21,000 for programming then I don't want the system."

I've heard similar, in similar situations, and walked away from deals because of it. Many times the best decision in a business relationship, is not to make it a business relationship! If the work won't pay, I am not forcing you to take it.

Do I want to lose a sale or find a way to pay for that
time in other ways?

I fully understand the "shell game" being played by many of the CI's here. I believe your customers understand it as well. That is why we don't want to play it on your terms.

I am not suggesting there are no competing economic pressures
from other businesses. I am suggesting that I do not
have an economy of scale. I am suggesting that selling
big ticket issues places a limitation on what I can charge,
irrespective of the profitability of that item. I am
suggesting that the CI business is indeed predicated upon
a business model that is no longer valid. These issues
come to view most critically on mid to large jobs, where
installation time is at a premium, but they are present
on every job. If my contact says clearly that I am responsible
only to program and install the items enumerated in the
contract I will have a fight with the client about not
installing or programming displays they bought which are
not present in the contract. I will either have to chose
to install them without cost, negotiate some reduced rate,
or forgo my final payment. I cannot resort to the courts
as a. I am a corporation and can be a pro see litigant,
the matter is too large for small claims and to small
for a lawyer.

This again sounds like the same old arguments. A decent contract would state who is responsible for customer supplied equipment. Not holding customers to the contract, and requiring change order for changes to the contract. Again you are using "cannot" when you really mean "won't".

Again, you bring up smoking guns that have no relation
to reality. If you are in jail or about to get a divorce
you have little choice but to pay a lawyer his retainer.
There is always someone who will do the job cheaper and
there is never the fear or time factor to alter the power
relationship. Not till we get to an argument about the
code does the balance of power shift ever so slightly.
You are correct to shake your head but it doesn't change
the business realities nor the fact that the contractual
price for labor and programming never reflect the full
costs of what it takes.

And the fact that it doesn't reflect the true cost, is because your proposal incorrectly states the cost. Doesn't sound like anything the customer would be held liable for to me.

If I let you purchase it I still have to control it
I am in purgatory. I am aware of it. Others in this
board have said as much. You don't know. You cannot
believe. You call it illogical but, pray, please point
out where I have been illogical. You cannot believe that
the business model is irrational. Fine. But the fact is
this is the business model and the client does not pay
directly for the labor and installation of just about
any system installed does not suggest that this is not
the underlying business model of just about every firm.

Oh, I fully believe you practice what I consider a broken business model. I believe my arguments do a nice job of pointing to the illogic. I believe the business model is irrational. I believe you intend to stay with such an illogical business model. Perhaps now you are confusing the word "believe", with "agree with". I fully understand your business model, I agree that it is the norm. Doesn't mean it is right, or what I must accept.

I am for education and sunlight finding its way to all
matters. But if Julie is going to add this fear to all
of the others she might also do the CI ( and client )
a favor an illuminate this unreal reality. Clients never
pay in full for the labor and programing it takes to install
their job. They pay for a part of it and the rest comes
out of profit on other parts of the job.

Alan

"...unreal reality." Sometimes I believe you intend to confuse the issues by throwing out such sayings.

I believe Julie will educate consumers on this issue. I believe she will warn them how to protect their interests, and this will be yet another nail in the coffin of this business model. Change is hard, but in my past experience, not changing often results in extinction!

PS: To those of you who feel the need to hurl comments laden with swear words at me... LOL My spam filter has caught all but a couple. I would never have known how many people I'd incited to "Foaming at the mouth" but for the fact that 2 made it into my mail box. Grow up, and learn to express yourself as an adult.
Post 216 made on Monday February 2, 2009 at 01:02
smokinghot
Super Member
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3,688
On February 1, 2009 at 20:45, Audible Solutions said...
It is not that I cannot charge my hourly rate it is that
I cannot bill for the real time it takes to install and
program a system, unless I am willing to lower the cost
of other parts of the proposal.

hmm...

Sounds to me that your ideal hourly rate for programming is too high then. If you can only charge 2k for what you perceive as 10k worth of work, your math is obviously flawed.

Could it be a Crestron programmer isn't worth 150+ dollars a hour? Unless it's a service call to repair something, and they then have the cilent bent over a barrel. Of course if the cilent had the source code he could contract someone else.....ohhh....now your angle makes sense.

Bottom line is... If you can't get paid for what you think your time is worth. It isn't worth what you think. ...and there's more to it then just an hourly rate Alan. It's your hourly rate multiplied by hours needed to do the job. You can skew your math and say the cilent isn't paying what it's worth to you, but if they paid in full, blame yourself for short changing yourself and hand over the code the cilent paid for.
....Light travels faster than sound. That's why some people appear bright until you hear them speak.
Post 217 made on Monday February 2, 2009 at 11:16
Ernie Bornn-Gilman
Yes, That Ernie!
Joined:
Posts:
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30,104
I'm going to go out on a limb here and say that if Julie does an article about this issue, maybe she should encourage clients to sue companies and/or individuals from whom they got programming, but from whom they did not get a method of updating their system using someone else.

As I see it after all of this, it is the programmer's responsibility to educate the client as to the dangers of buying programming without recourse if the original programmer is a jerk or goes out of business. Alan says, accurately, that consumer education is needed. I don't see you all saying "and that's OUR responsibility." Well, if not the guys who know that the client is up sh#t creek if there's a problem, then who?

If the client is going to balk at the real price, they don't get the system! When a client balks at the price of a car, does the car dealer reduce the price, eliminate the warranty without telling the buyer about it, then complain about how hard it was to make the sale?

One of my clients was in this situation a few years ago and I was livid that any programmer would NOT tell the client about it ahead of time.

Maybe Julie is trying to gather information to write an article that's balanced, showing both sides of the stories. Maybe it can't be balanced. Maybe programmers are silently ignoring their responsibilities of full disclosure to their clients. Maybe the right thing is to tell people to sue programmers.
A good answer is easier with a clear question giving the make and model of everything.
"The biggest problem in communication is the illusion that it has taken place." -- G. “Bernie” Shaw
OP | Post 218 made on Monday February 2, 2009 at 12:45
juliejacobson
CE Pro Magazine
Joined:
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3,032
Thank you, Ernie.

I don't know how I could recommend an integrator who would answer "no" to this question:

If you go out of business or I despise your work, will another authorized dealer be able to take over, or will I have to start all over from scratch?

OOOOOOOOOOOOOOOOPS.... originally I said "answer Yes" I meant "no"

Last edited by juliejacobson on February 2, 2009 13:57.
"CEPro: your website sucks!" - Fins
www.cepro.com
[Link: twitter.com]
Post 219 made on Monday February 2, 2009 at 13:31
avgenius1
Founding Member
Joined:
Posts:
May 2002
448
On January 30, 2009 at 18:20, 39 Cent Stamp said...
Theres no special software tools to install a compiled
crestron program. An ethernet cable will do. Word does
exactly and only what its supposed to do. A compiled crestron
program does exactly and only what its supposed to do.

Hmmmm, last I checked you needed Viewport at a minimum and preferably Toolbox for loading compiled code to a Crestron processor. Since this software is not available to unauthorized end users I believe that indeed you do need special software tools. I've only loaded 4 projects this morning so maybe I am missing something. Also, last I checked, an ethernet cable is NOT a software tool.

On January 30, 2009 at 18:20, 39 Cent Stamp said...
But surely locking the module only prevents another programmer from dissecting it to
see how it was built, it does not stop them from re-using the module in their own
programs?

Surely a programmer that was not good enough to write the module in the first
place would just use your locked one and not worry about how it was constructed,
i.e. you have still given away what could be your competitve edge...?

Yes, locking a module generally prevents another programmer from dissecting how the module was built. No, it does not stop them from using the modules in their programs. So what? This makes the assumption that ALL programmers are willing to steal from their competition. My experience has been just the opposite.

I doubt there will ever be a job lost by any a/v integrator based on your competition having a copy of your unique module. I do not see modules as giving me a competitive edge. My experience level, my many letters from happy clients and my dedication to providing the customer with more than they expect is my competitive edge.

Last edited by avgenius1 on February 2, 2009 13:38.
"Some may never live but the crazy never die" ~ Hunter S. Thompson
"There will be plenty of time to sleep when I am dead" ~ Me
Post 220 made on Monday February 2, 2009 at 13:34
anyhomeneeds
Super Member
Joined:
Posts:
December 2007
4,149
I don't know how I could recommend an integrator who would
answer "yes" to this question:

If you go out of business or I despise your work, will
another authorized dealer be able to take over, or will
I have to start all over from scratch?

Yes, another authorized dealer will be able to take over. You couldn't recomend someone in that situation? I can understand the second part.
"You can't fix stupid."
OP | Post 221 made on Monday February 2, 2009 at 13:57
juliejacobson
CE Pro Magazine
Joined:
Posts:
April 2003
3,032
On February 2, 2009 at 13:34, anyhomeneeds said...
Yes, another authorized dealer will be able to take over.
You couldn't recomend someone in that situation? I can
understand the second part.

OOOOOPPPPPPPS .... I meant "answer no"
"CEPro: your website sucks!" - Fins
www.cepro.com
[Link: twitter.com]
Post 222 made on Monday February 2, 2009 at 15:30
39 Cent Stamp
Elite Member
Joined:
Posts:
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17,519
On February 2, 2009 at 13:31, avgenius1 said...
Hmmmm, last I checked you needed Viewport at a minimum
and preferably Toolbox for loading compiled code to a
Crestron processor. Since this software is not available
to unauthorized end users I believe that indeed you do
need special software tools. I've only loaded 4 projects
this morning so maybe I am missing something. Also, last
I checked, an ethernet cable is NOT a software tool.

Your taking my resonses out of context. Any crestron progammer will not need any special tool.

|

Yes, locking a module generally prevents another programmer
from dissecting how the module was built. No, it does
not stop them from using the modules in their programs.
So what? This makes the assumption that ALL programmers
are willing to steal from their competition. My experience
has been just the opposite.

I doubt there will ever be a job lost by any a/v integrator
based on your competition having a copy of your unique
module. I do not see modules as giving me a competitive
edge. My experience level, my many letters from happy
clients and my dedication to providing the customer with
more than they expect is my competitive edge.

I dont know how you got that quote about locking a module with my name in it but i didnt write it. Locking modules doesnt work. We all know anything with a lock can be unlocked so theres no reason i would have brought that up.
Avid Stamp Collector - I really love 39 Cent Stamps
Post 223 made on Tuesday February 3, 2009 at 11:38
Nick-ISI
Long Time Member
Joined:
Posts:
September 2004
490
On February 2, 2009 at 12:45, juliejacobson said...
Thank you, Ernie.

I don't know how I could recommend an integrator who would
answer "no" to this question:

If you go out of business or I despise your work, will
another authorized dealer be able to take over, or will
I have to start all over from scratch?

Surely, if you despised their (programming) work you would WANT someone else to start from scratch?
What do you mean you wanted it on the other wall - couldn't you have mentioned this when we prewired?
Post 224 made on Tuesday February 3, 2009 at 11:59
Adele Clingman
Long Time Member
Joined:
Posts:
May 2006
11
Its not a case of despising their work. As an end user I would like to give some history. It either works or it doesnt, its not a matter of despising work. At some or most points..relationships change.
Case in point, I had a fabulous programmer/installer and got to be socially friendly. BIG MISTAKE. At some point he was billing me for all time at my house and many times I found him on MY PHONE. (This was the days before NetLinx so he was in the house) I asked him very nicely to please NOT do that. At that point he downed his "tools" and walked off my job. I am CONSTANLY changing and upgrading.
After many calls AMX finally jumped into save me. I have since found an independant programmer who probably does $20 000.00 worth of programming for me every year for the past 5 years at least. I continue to make changes and have everything that opens and shuts on an automated basis. Twice a year he sends me the full blown code and source into an ftp folder on one of my computers. IN CASE THE PLANE GOES DOWN. I wouldnt have it any other way.
He also encourages me to design my own panels and has GIVEN me the software for my use only. I have purchased GUI stuff and its fun to do. If I get into trouble he then fixes it for billable hours. So its a win win..he gets paid and I keep busy.
I wouldnt have it any other way. And if programmers dont want to share their code or programming there are plenty that do, so just use them. I think the article is a good idea. As was said in the AMX forums..these are not TOP SECRET ISSUES.
Post 225 made on Tuesday February 3, 2009 at 12:09
Ernie Bornn-Gilman
Yes, That Ernie!
Joined:
Posts:
December 2001
30,104
I cringe to think of engaging in social time with some of the programmers who have responded to this thread. I'm sure they think the same about me, and that's just fine.

I like that line: IN CASE THE PLANE GOES DOWN. I think that about covers the installer's responsibility to cover the client.

You programmers who aren't telling your clients how screwed they will be if the plane goes down, you have neither the confidence in your ability to sell and to program, nor the faith in your customer to tell them the truth (nasty secret, it was called somewhere) about your programming. You think if they know all about it, they won't buy. They will "balk." HELL, YES! ! ! They should not buy if they are ignorantly signing up for a bad plan! And their ignorance is on you.
A good answer is easier with a clear question giving the make and model of everything.
"The biggest problem in communication is the illusion that it has taken place." -- G. “Bernie” Shaw
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