back to article Tesla faces Autopilot lawsuit alleging phantom braking

A lawsuit filed against Tesla this month accuses the automaker of covering up an alleged malfunction that makes vehicles stop for nonexistent objects, sometimes in the middle of traffic, while in Autopilot mode. The class-action-seeking suit [PDF], which was filed in federal court in northern California, accuses Tesla of fraud …

  1. Howard Sway Silver badge

    an alleged malfunction that makes vehicles stop for nonexistent objects

    New Tesla motto : Move fast and brake things.

    1. Flocke Kroes Silver badge

      Re: an alleged malfunction that makes vehicles stop for nonexistent objects

      I thought it was: Brake fast for nothings.

      1. Paul Herber Silver badge

        Re: an alleged malfunction that makes vehicles stop for nonexistent objects

        The car behind will be toast.

        1. Stork Silver badge

          Re: an alleged malfunction that makes vehicles stop for nonexistent objects

          Yes, this is interesting.

          At one hand, the driver (whether software or wetware) should always keep sufficient distance to brake in an emergency.

          At the other, emergency braking for no reason can land the first driver with liability, even if proving it can be tricky.

      2. Anonymous Coward
        Anonymous Coward

        Re: an alleged malfunction that makes vehicles stop for nonexistent objects

        William Brakes "Dark Satanic Hills"

        ... Bring me my Chariots of Fire ...

        1. Paul Herber Silver badge

          Re: an alleged malfunction that makes vehicles stop for nonexistent objects

          The vehicle behind is a van(gelis)

  2. Anonymous Coward
    Anonymous Coward

    Let me think on this ...

    Would I rather the car stopped if in any doubt or plow on regardless until 100% certain it had hit something.

    Tricky !

    Perhaps Tesla should add a "I want a Darwin Award" switch to its models !

    1. Jan K.

      Or a "I feel lucky" switch?

      For the adventurous ones "Surprise me"?

    2. John69

      Or they could have a user operated control, perhaps a pedal, that allowed the driver to determine if it is safe to continue...

    3. Kristian Walsh Silver badge

      The problem is that aside from the phantom braking there are also instances of Tesla cars on Autopilot driving straight into genuine obstacles: eighteen-wheeler trucks, highway gore barriers, and even parked police cars with full lights flashing.

      It’s hard to make the argument that the system is over-cautious.

      ... Yes, in each of those, the driver is ultimately responsible, but in each of those, it’s also very hard to see how a normal Autonomous Emergency Braking system that doesn’t rely solely on visual image processing would have allowed the car to strike a large, solid object.

    4. Anonymous Coward
      Anonymous Coward

      Theory vs Practice

      You're not wrong in principal - of course you'd rather have it stop,

      But that's only half the story - what if you were going at 70 and the car just decided to pull an emergency stop?

      Sure, it's "safer" that you don't crash into the potential thing in-front of you, but such a stop might cause someone else to go into the back of you instead (i.e. the car just stopping without just cause can actually be the cause of other accidents)

      If the car believes it sees something and needed to stop then you should be able to go back through the journey "history" and review it to see what the car "saw". If such a feature was available, there would already be a conclusion to this whole discussion.

      But, instead, there's not - and that leaves you with a car that appears to brake for seemingly no reason and provides no information regarding why it would or would not stop.

      1. Hans Neeson-Bumpsadese Silver badge

        Re: Theory vs Practice

        But that's only half the story - what if you were going at 70 and the car just decided to pull an emergency stop?

        Sure, it's "safer" that you don't crash into the potential thing in-front of you, but such a stop might cause someone else to go into the back of you instead (i.e. the car just stopping without just cause can actually be the cause of other accidents)

        Not as extreme as an emergency stop, but I was driving along the motorway in my old car when something inside the engine developed a fault and the car flipped into 'limp home' mode. There was a fair bit of traffic around and I was in the outside lane doing a safe 70mph when the car suddenly dropped to something like 25mph.

        That was scary enough, never mind coming to a dead stop

        1. Brewster's Angle Grinder Silver badge

          Re: Theory vs Practice

          Does it flash lights to warn other drivers? At least when the head gasket goes, people can see. Or rather can't see...

          1. Hans Neeson-Bumpsadese Silver badge

            Re: Theory vs Practice

            Now you mention it, it *might* have put the hazard lights on. I honestly can't remember as (a) it was quite a few years ago, (b) at the time I was kind of pre-occupied with the thought "oh well, it looks like I don't have a problem with constipation any more"

          2. The Oncoming Scorn Silver badge
            Pint

            Re: Theory vs Practice

            Been there had that A303, overtaking in the wet, with son & newborn baby, the ex pestering me as to what the fault was in detail as I struggled to see & remain in control.

            I needed a icon after the tow to destination.

    5. Rameses Niblick the Third Kerplunk Kerplunk Whoops Where's My Thribble?

      Would I rather the car stopped if in any doubt or plow on regardless until 100% certain it had hit something.

      Next time you're in busy highway traffic, and for absolutely no reason whatsoever, stomp on the brake pedal as hard as you can until the vehicle has come to a complete stop and see what happens.

    6. iron Silver badge

      Don't worry, with Tesla you get the best of both worlds! It will stop for no reason when there is nothing there but if it sees emergency serviecs personell it will speed up and plow right through them!

  3. Version 1.0 Silver badge
    Trollface

    I'm not a eunuch in a harem; I don't have access to the Tesla code, I don't see Telsa vehicles driving around locally and I would not want to drive one myself. This issue sounds just like a relatively minor sensor data interpretation problem - driving a vehicle that has the Tesla environment is probably OK, but taking your hands off the wheel to munch down on a meal while driving down the road is meaning you assume that the software is perfect - I've been writing all sorts of software for years so it's not something that I would do.

    I've never had any vehicle issues (touch wood) because I always drive assuming that every other driver on the road is an idiot - I know that's untrue but it's kept me safe.

    1. This post has been deleted by its author

      1. KittenHuffer Silver badge

        As an ex-biker, I always used to ride under the assumption that everyone else on the road was a crazed psychopath that was out to get me. And there were definitely times where that assumption was not wrong.

        If you really want to hone your paranoia then ride a motorcycle!

        1. Pirate Dave Silver badge

          Ex-biker here, and I completely agree. The explosion of cellphones/smartphones, I think, is the root of the problem. I used to ride into Atlanta in my younger days, but the growth of cellphones over the past 15 years made that a Really Bad Idea. People are distracted with whatever crap it is that comes up on the screen. Even up in the mountains with the hillbillies, it seems death is never more than one "idiot-texting-on-his-cellphone" away. Lost a friend, and fellow biker, to that a couple years ago.

        2. Fifth Horseman

          A cousin of mine was a motorcycle Compulsory Basic Training instructor for a good few years. Pretty much the first thing he used to say to each bunch of CBT students was "Assume everyone else on the road is trying to kill you". He wasn't wrong.

    2. General Purpose

      Hands on the wheel or off the wheel won't make any difference if the software suddenly slams on the brakes.

      1. brainwrong

        If your hands are on the wheel, then why would you need software to drive the car?

        1. The Oncoming Scorn Silver badge
          Pint

          ....Cruise control

    3. Steve Davies 3 Silver badge

      Just you wait

      Tesla reportedly wants to remove other controls just to save money.

      First to go will be the stalk that controls the direction, forward, reverse or park. This will all be done via the main screen

      Then the stalk that controls the indicators. Again this will be moved to the screen.

      Just to save a few quid in build costs... sic.

      I'd avoid a Tesla at all costs. I'll stick with my Kia Niro EV thank you.

      1. This post has been deleted by its author

    4. Pirate Dave Silver badge
      Pirate

      "drive assuming that every other driver on the road is an idiot"

      That's the Golden Rule of Driving that I taught all 5 of my kids when I taught them to drive. Although for the last 3, I did append "with a death-wish" to the end.

    5. MrReynolds2U
      Stop

      Bad human drivers

      When my daughter expressed an interest in driving I told her something similar.

      It's not that everyone else is a bad driver, but that we all have bad days when we drive. Or occasionally do something that we realise was stupid afterwards.

      You have to assume that anyone can have a bad day at any time and drive accordingly.

      From experience, around 1 in 20 are having a bad driving day at any time. That goes up to 1 in 2 for BMW and Audi drivers ;)

      (Icon - seems fitting)

      1. David Hicklin Bronze badge

        Re: Bad human drivers

        anyone can have a bad day

        The trick as you drive more is that you start to anticipate such drivers - just the way a car twitches or slow/speeds up can tell me they want to cut across me - that's after 40 years driving!

    6. David Hicklin Bronze badge

      relatively minor sensor data interpretation problem

      Try telling that to the driver following

      Anyway this is not just Tesla, I have a friend who has a Golf that does the same thing...been in the garage more time than the road and still not fixed.

  4. werdsmith Silver badge

    If I’m in lane 2 on a dual carriageway and the road ahead curves to the right (in UK driving on the left) and also crowns slightly so the surface isn’t fully visible, the car can’t tell if the traffic ahead is in my lane or not. If there is a slow moving truck in lane 1 and further round the curve, it is directly in front of me, so the car will sometimes unnecessarily brake. A car that slows quickly without any apparent reason is more likely to catch out any following drivers not paying full attention.

    I know this, and take the self driving mode off until the situation is better.

    1. Caver_Dave Silver badge
      Boffin

      Simple logic is not enough

      I had the opposite effect in a similar situation with the automatic cruise control feature on 2 different cars from different manufacturers.

      As the road curved to the right, the vehicle in front of me was no longer in front of me according to the "keep a safe distance behind" logic of the cruise control feature and the car would accelerate only to brake sharply a few meters later when we joined the curve and the car in front was indeed in front again.

      Queen Ellanor roundabout approached from Meerway School in Northampton would see this happen at least once and on one occasion 3 times. I soon disabled the cruise control while travelling in that area, as although you were 'safe', you looked like a burke!

      1. Cederic Silver badge

        Re: Simple logic is not enough

        You're not safe. Your car is driving erratically, and that causes a danger to you, even if it's only that someone behind may as a result collide with you because they couldn't predict your car's irrationality.

        1. Mike 137 Silver badge

          Re: Simple logic is not enough

          "You're not safe. Your car is driving erratically, and that causes a danger to you"

          At least as importantly, it causes danger to others. Erratic driving is difficult for even attentive other drivers to compensate for

      2. o5ky

        Re: Simple logic is not enough

        I've had the same thing with a car with adaptive CC, saw someone running on the pavement next to me as the road went slightly right... did an emergency stop! Luckily nothing was behind me but everyone got a good shock.

        1. Stork Silver badge

          Re: Simple logic is not enough

          I had it in a rented car this spring, and on the motorway (M6, M5) it worked quite reasonably.

          I don’t think it would be the same here in Portugal as many drivers pull in too soon after passing you, and I don’t see it being of much use outside motorways.

  5. TimMaher Silver badge
    Unhappy

    Last week

    Going up a hill, at about 40mph, I came across a collared dove. I took my foot off, as birds generally fly away when a car approaches.

    This one didn’t.

    Splat.

    Very rare but it does happen.

    Shame really.

    1. Anonymous Coward
      Anonymous Coward

      Re: Last week

      I had something similar happen. It was a mynah accident.

      1. a pressbutton
        Coat

        Re: Last week

        Perhaps that was on an incline, it was driving a small cheap old car, and it spoke to you before it died.

        This is not as rare as it seems.

        Indeed it may well have been a common hill mynah imp

    2. The Oncoming Scorn Silver badge
      Coat

      Re: Last week

      Total to date:

      2 Seagulls & a wood pigeon fly into then bounce off my windscreen.

      Driving up from Indian Queens in Cornwall once I spotted a birds body jammed into the front valance of a MGB GT (Upper half obscured by the bumper & we had a seagull fly into the window of the IT Service Center at Somerset County Council & impress a greasy outline on the window that was clearly visible for some years after the initial impact. Both looked something like this.

      https://i5.walmartimages.com/asr/ffdd44b5-3bff-42b5-abe7-22231dc950ff.e539f3a0a9ddab704340d572177b0ebf.jpeg?odnHeight=2000&odnWidth=2000&odnBg=ffffff

      1. TimMaher Silver badge
        Windows

        Re: Indian Queens

        Amazing!

        I took out a blackbird just North of IQ, about a decade ago.

        It flew out of a hedge and smacked into the front of our car, which was a Peugeot.

        My total so far is: a small black cat, a small number of sparrows (in one go as I was driving out of Cromarty), the blackbird and the collared dove. NO hedgehogs.

      2. Stoneshop

        Re: Last week

        2 Seagulls & a wood pigeon fly into then bounce off my windscreen.

        Only bird-kill while riding a motorcycle was second-hand: straight two-lane road somewhere between two villages, pheasant coming in at right angles from the left, gets hit by a van approaching in the other lane, bounces off its windshield and with a few cartoonesque saltos lands exactly in line with my front wheel.

        In contrast, the late evening ride over the dike from Enkhuizen to Lelijkstad netted about 17.3 gazillion insects in a several centimeter thick layer on every bit of frontal surface. Including my visor.

    3. NeilPost Silver badge

      Re: Last week

      Do you take your foot off the gas for a child too ??

      1. Stork Silver badge

        Re: Last week

        For a person, I brake no matter what. For an animal, I tend to check if there is a car close behind. Unapologetically specieist.

        1. Fifth Horseman

          Re: Last week

          I'm not sure what the actual laws regarding this in the UK are (I know, I should check... I do know that dog strikes should be reported to the police, but not cats for some reason) but I was specifically told by my driving instructor, many moons ago, that if a smallish animal ran in front of the car, then the safety of other road users was more important than that of the animal.

          I did doubt the wisdom of this a little later after hitting an Alsatian with a 1975 Morris Marina, which resulted in a wrecked car, an angry dog, and a nasty bite.

          1. Anonymous Coward
            Anonymous Coward

            Re: Last week

            Should have done it on a sunny day, when the cardboard they made Marinas out of was dry.

    4. Andy The Hat Silver badge

      Re: Last week

      I had a small Muntjac deer decide to wander from the hedge to play at being a chicken and stop in the middle of the road. I braked hard (after all deer+car=mess). No anti-lock and the back end started to come around - so deer or me rolling down the road and potentially wiping out myself and any oncoming traffic? I accelerated to pull the vehicle straight, hit the deer full on, bent my steering rods and the vehicle following got a crumpled front end from the rolling carcass. No-one apart from the deer was hurt, there was vehicle damage but that's just money.

      What would "autopilot" be expected to do in that situation? What if it wasn't a deer but a child? What if a child was in the car?

      Spurious hard braking is dangerous (though in the UK it is the lawful responsibility of following drivers to keep a safe distance, I don't know about the US) but that is not all the plaintiff says - he also uses the phrase "slowing the vehicle" which may be a pain for a 30-year-old driver but is no different to Uncle Albert who brakes before every sharp bend "just in case" ... so do we ban Uncle Albert too? Decisions on when to brake are not simple and clear cut "brake" "don't brake".

      1. John Robson Silver badge

        Re: Last week

        "What would "autopilot" be expected to do in that situation?"

        Brake in a straight line, probably stop before the deer - because it's far better at car control than you.

        Decision making might be suspect, but the car has full antilock braking, and probably independent control of braking on all four wheels.

      2. werdsmith Silver badge

        Re: Last week

        Uncle Albert who brakes before every sharp bend "just in case" ... so do we ban Uncle Albert too?

        We all should be driving like Uncle Albert.

        1. Steve Davies 3 Silver badge

          Re: Uncle Albert who brakes before every sharp bend "just in case"

          A surprising number of drivers already apply the brakes at even the smallest bend even if they can see around it. Madness but there you go. It takes all sorts.

          1. John Robson Silver badge

            Re: Uncle Albert who brakes before every sharp bend "just in case"

            Remember that many cars nowadays will show brake lights based on deceleration, not just on brake pedal activation.

            1. Zarno

              Re: Uncle Albert who brakes before every sharp bend "just in case"

              BMW normal cruise will show brakes when it does a deceleration, at least back to 06.

              It does seem to only put them on when on downhill grades when the Longitudinal Dynamics Management (All that to say "Cruise Control") module decides to do a brake application in addition to engine braking/throttle back-off.

              So the usual "This hill is causing me to creep 5 over the set speed, engine braking not optimal, light brake lamps and apply brakes to gently slow a bit.".

              Haven't looked to see if the light stuff can be coded out or not, but it does shed some light on the "Why is that person tap dancing the brakes down that hill???!!!"

        2. agurney

          Re: Last week

          Braking suggests you haven't anticipated the bend - better to lift off the gas earlier and arrive at an appropriate speed. Saves fuel, wear and tear, and makes for a smoother trip.

          1. Mike 137 Silver badge

            Re: Last week

            "better to lift off the gas earlier and arrive at an appropriate speed"

            Agree entirely. And the reason for slowing down on approach to a bend (even if you can see round it) is that if you have to do an emergency stop there's a greater chance of losing traction if you're not travelling straight ahead. Regardless of the cunning tech between you and the wheels, it's called physics.

            And for those who challenge this on the ground that you can see round the bend, I was once in these circumstances when a deer leapt out from the trees on my nearside a few yards ahead as I was traversing the said bend. I didn't hit it, as, having slowed to take the bend, my speed was low enough to brake hard to a stop without skidding despite not travelling in a straight line.

      3. Mike 137 Silver badge

        Re: Last week

        "Decisions on when to brake are not simple and clear cut "brake" "don't brake"."

        And that seems to be where the Tesla 'autopilot' goes wrong - it would appear to apply the simple, clear cut but inadequate decision process you identify.

  6. martinusher Silver badge

    Not so much a class action, more a money seeking suit

    Its quite the business here in the US -- you detect a possible tort, advertise for free money ("Have you spent more than 30 days at Camp LeJune as a marine?" is an ad I saw recently), get an action certified as a class action, preferably negotiate a settlement and clean up. The class members get little to nothing.

    Teslas are different so attract this sort of thing like a turd attracts flies. They're as common as muck in our part of the world -- you'll literally see two or three in a typical queue at a traffic signal -- and they seem to work just fine. I'm not sure than anyone I know uses them in 'self driving mode' all the time, its not really suited for puttering around town, so this might explain why nobody locally seems to have any problem with them. (But you don't file here, there's a couple of districts in Texas that a favorites for this sort of thing. Guaranteed payoff for all.)

    1. Horst U Rodeinon

      Re: Not so much a class action, more a money seeking suit

      I see at least one [bleep]ing Camp LeJeune Join-our-Lawsuit advertisement nearly every commercial break. You're very lucky if you saw it only once.

    2. wub

      Re: Not so much a class action, more a money seeking suit

      A couple of days ago, I saw something I had not previously seen: a Tesla sitting stock still in the lane next to me as I was driving along a 2 lane road. When I see non-electric cars sitting in that way, these days, I generally assume out of gas. But I didn't really think this was a case of insufficient electrons somehow...

      Yesterday, I was driving home and I saw another sight I'm not used to seeing: a Tesla on a flatbed tow truck. Odd. As we approached a stop light, I saw the Tesla's brakes come on when the tow truck's did. Huh. Its a flatbed tow - why would the Tesla's brakes come on? After a couple of minutes (long light) the Tesla's brake lights went out. But as soon as the light turned green and the tow truck started to pull away, the Tesla's brake lights came on again. That really seemed odd.

      Now that I've read this news item, I think I may have seen an example of this unfortunate braking failure. Possibly two of them.

  7. Kevin McMurtrie Silver badge

    Copycat

    VWs have been randomly slamming on the brakes for years.

    The most annoying thing is that you need black tape to disable it. Just turning it off via the settings shines a bright orange warning light into your eyes.

    1. Andre Carneiro

      Re: Copycat

      Interesting. I did not experience “phantom braking” even once when I had my Golf R.

      It’s crap on my Model 3 (which, by the way, I absolutely LOVE driving).

      It appears the FSD development is far more advanced in the US than Europe (and the UK in particular), so making comparisons between both sides of the pond is tricky.

      Forum posts seem to suggest, however, that phantom braking episodes seem more widespread around these parts.

      1. PickledGherkin

        Re: Copycat

        Happens on Audi's as well. It has required the purchasing of new and indeed more sturdy underpants have on a number of occasions.

        I think they confuse the street furniture for vehicles when you are going round a tight bend or turning at a busy (in terms of street furniture) junction.

  8. Winkypop Silver badge
    Devil

    Testing in a production environment

    Insane? Immoral? Perhaps.

    But just look at all that data!

  9. Anonymous Coward
    Anonymous Coward

    It's not phantom braking - that would be OK

    It's REAL braking, which is a bit of a problem. It only 'phantom' brakes for children, apparently.

    I saw a Kia EV6 today. If I have to go electric, I think that's the car I will buy, also because I don't have to turn my head to see the speedometer and they actually have proper dealers in Europe.

  10. KBeee

    Not just Testla

    Pretty much all modern cars have AEB fitted. I think it's becoming mandatory for Europe in 2023. If memory serves, you can't get an NCAP 5* rating without it.

    So unless it's Teslas implementation of AEB that's at fault, can we expect to see other class actions for all car makers?

    1. Anonymous Coward
      Anonymous Coward

      Re: Not just Testla

      Only if theirs fail in a similar manner and/or they have tried to sell it as more than it is.

      1. Stork Silver badge

        Re: Not just Testla

        And in the US

  11. Fursty Ferret

    Having been a passenger in a Model 3 running on Autopilot, I was very impressed right up until the point that it decided that an overhead gantry was blocking the road and jumped on the brakes mid-lane-change. This nicely exacerbated into tears because the driver behind (who was tailgating) assumed that we'd brake-checked him and promptly launched into a full road-rage tantrum.

  12. Auntie Dix
    Go

    Musk Lies, Suckers Buy, and Lawsuits Rectify

    "...Fraud, breach of warranty, violation of the Magnuson-Moss Warranty Act, disregard for California's deceptive-trade-practices laws, unjust enrichment..."

    Finally, some words of truth about Musk's Tesla.

    "The problem is that Tesla is rushing these features to market when the technology is not yet ready and not yet safe."

    The Feds should have censured, fined, and jailed Musk, years ago.

    Now, lawsuits are the remedy.

  13. blue-eyes

    Phantom objects

    "phantom objects would allegedly cause vehicles to unexpectedly slow or stop" Tesla has obviously invented a ghost detector.

    1. X5-332960073452
      Joke

      Re: Phantom objects

      So, who you gonna call?

  14. Mike 137 Silver badge

    From the owners' manual

    "Never depend on Automatic Emergency Braking to avoid or reduce the impact of a collision" apparently in small print somewhere within a manual "several hundred pages" in length.Quoted at page 9 line 20 of the filing

    So what's the point of it? One might as well suggest "never rely on the steering servo to respond to the wheel".

    1. TRT Silver badge

      Re: From the owners' manual

      From what I read the owners in the suit were not depending on AEB to avoid or reduce the impact of a collision... they were simply not expecting AEB to result in, or increase the likelihood of, a collision from the rear!

      And that *certainly* wasn't in the manual. Unless it was hidden in microdot on the full stop on page 148 of the 400+ pages.

    2. Kristian Walsh Silver badge

      Re: From the owners' manual

      Not a valid comparison.

      The steering servo, as its name suggests, does not have any decision logic in it: it simply ensures that the angle of the steered wheels matches the angle you have selected using the steering wheel. If it fails to do this task, and this failure causes a crash, then the manufacturer is at fault for preventing the driver from controlling the vehicle, just as much as if a mechanically-coupled system failed. (Although all “electrical” steering systems retain a mechanical linkage to allow the vehicle to be safely moved out of harm’s way in the event of a total electrical failure)..

      An AEB system, on the other hand, makes decisions that control the car: if it detects an object in the vehicle’s path, it warns the driver, but then if the object gets too close without any braking input from the driver, it engages the brakes directly, removing control from the driver. However, failure of the system does not result in loss of control for the driver because there is no point in this process the driver cannot apply the brakes themselves. Legally speaking, the responsibility to not harm other road users always rests with the driver, because it is only the driver who can be expected to be aware of the entire situation.

      And if someone rear-ends you, whether as a result of manual braking or an AEB event, it is they who are responsible, because they were not keeping a safe distance from you.

      1. Mike 137 Silver badge

        Re: From the owners' manual

        "Not a valid comparison. The steering servo, as its name suggests, does not have any decision logic"

        It does on a Tesla under 'autopilot'.

        But the point is that a so-called "emergency system" that you're informed must not be relied in emergency seems (to me at least, unless I'm missing something) rather null and void.

  15. Tempest
    WTF?

    What's Preferable - Stopping for Ghosts or Ignoring Real Objects.

    TESLA has already perfected crashing into real objects and stopping for ghosts seems a preferable choice.

    WHAT CARS REALLY NEED are driver alcohol testers and door locks that really stay locked, rather fooling remote door locks with simple, effective, keys.

  16. Anonymous Coward
    Anonymous Coward

    Is the Telsa AI playing Pokemon?

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