Friday, November 30, 2012

Obama wants your 401K because it is NOT FAIR... - Survivalist Forum

Well It looks like Obama will be once again (this talk started when he was first elected in 2008) consider going after our 401K accounts, because they are not fair....

Gee since it is my money, I worked for it and I saved it, It is not fair that I have it?

http://www.nationalseniorscouncil.or...rity&Itemid=62

"A representative of the liberal Pension Rights Center, Rebecca Davis, testified that the government needs to get involved because 401k plans and IRAs are unfair to poor people. She demanded the Obama administration set up a "government-sponsored program administered by the PBGC (the governments? Pension Benefit Guarantee Corporation).""

http://www.wnd.com/2012/11/now-obama-wants-your-401k/

Time has been beating this drum for years:

http://www.time.com/time/magazine/ar...929233,00.html

http://business.time.com/2012/11/28/...with-the-401k/

So we now need a new government run retirement system, since the federal government bankrupted the old system (Social Security).

I can not think of a better way to crash our economy, if this talk continues, people will just cash out their 401K accounts, and stuff the cash under their mattress... you will have a loud sucking sound as over 2 trillion dollars in capital are sucked out of the US economy.

Source: http://www.survivalistboards.com/showthread.php?t=271951

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Copyright of ?Public Facts?: Craigslist v. PadMapper | Citizen Media ...

Craigslist was meant for the common good, or as founder?Craig Newmark puts it, ?doing well by doing good.?? At least, that has been its announced mission since it began as an email distribution among friends. Craigslist kept its mantra through its rise to Silicon Valley stardom, snubbing multi-million dollar?buyout offers?and fighting attempts to monetize the site along the way.

The physical layout of Craigslist hasn?t changed much over the years. Point your browser in its direction and, like an old friend, you?ll be greeted with the same underlined blue links you?ve known for years. Fans are legion, but so too are critics: Critics see stagnation in this comfort, some of whom have taken matters into their own hands through attempts at innovation.?However, as some have?already discovered, developing tools to work?around (critics would say ?enhance?) Craigslist?s simple functionality can invite legal response. Is an early darling of Silicon Valley showing a decidedly uglier side, or is Craigslist still simply looking out for the common good?

This past July, Craigslist filed a?lawsuit?in the US District Court, Northern District of California, alleging that apartment-hunting site?PadMapper?and its data exchange partner, 3Taps,?unlawfully repurpose Craigslist postings and therefore undermine ?the integrity of local Craigslist communities, ultimately harming both Craigslist and its users.? ?While the complaint parallels Craigslist?s ?common good? business model, 3Taps CEO Greg Kidd sees it differently. ?We believe Craigslist is acting like a copyright troll,? Kidd recently told?AllThingsD.? Kidd?s company provides PadMapper an API for data about Craigslist postings that 3Taps?gathers via means it claims are not subject to Craigslist?s Terms of Use and that likewise do not violate Craigslist?s copyrights.

This isn?t the first time Craigslist has claimed such violations, including several now-shuttered earlier services built on top of Craigslist?s platform. In July 2010, Newmark took to Q&A site?Quora?to defend his company?s actions in a case similar to Padmapper?s, saying he did not take issue with sites that do not affect Craigslist?s servers. ?Actually, we take issue with only services which consume a lot of bandwidth, it?s that simple,? Newmark wrote.

June 22: Craigslist sends Padmapper a cease and desist letter and blocks PadMapper from pulling CL ads (at least from doing so directly).? According to CL?s complaint (filed July 20th), traffic to Padmapper immediately plummeted. ?

PadMapper claims not to siphon off Craigslist?s servers. Through its partnership with 3Taps, PadMapper accesses a database of Craigslist listings found and organized from search engines including Google and Bing.

July 9: Padmapper re-launches using 3Taps data.

July 20: Craigslist sues 3Taps and Padmapper.? CL claims:

  • Copyright infringement (for the CL site and for CL listings)
  • Contributory copyright infringement (against 3Taps)
  • Breach of contract (TOS)
  • Trademark infringement
  • Trademark dilution
  • Unfair trade practices

Perhaps that?s why Craigslist is now?requiring?users to ?expressly grant and assign to Craigslist all rights? to enforce the copyright. Other sites like Yelp! and Facebook only require a non-exclusive license to their users? content. But even if courts interpret this as a legally binding transfer of copyright to Craigslist, facts, like those in classified listings, often cannot be copyrighted. Therefore, it is possible that details such as an apartment?s price, address and number of bedrooms will not be protected.

This is of course Greg Kidd?s?argument. ?No Terms of Use can ride roughshod over the fact that there is no copyright in facts,? Kidd says. ?Padmapper?s use of exchange posting is not infringing use. It is fair use or free use ? of public facts.? According to Kidd, PadMapper could just be the beginning to what could be, ?a whole class of use case conflicts if this stands.? Via this interpretation, as Kidd sees it, ?a [Craigslist] posting retweeted via Twitter is going to be just as problematic as one through PadMapper.?

This argument inelegantly ignores 2 obstacles under contract and copyright.

Contract

First contract law, by virtue of the binding nature of Craiglist?s TOU as a contract.? So, as Craigslist notes in its complaint:

[3Taps and Padmapper] regularly accessed the CL website and affirmatively accepted and agreed to the [TOU] to, among other things, test, design, and/or use the software that allows Defendants to provide their services.? Likewise ? Defendants regularly accessed the CL website with knowledge of the [TOU] and its prohibitions against copying, aggregating, displaying, distributing, performing and derivative use of the CL website and any content posted on the CL website ? and regularly access the CL website and copied, aggregated, displayed, distributed, and made derivative use of the CL website and the content posted therein.

3Taps disagrees: 3Taps cannot be bound by Craigslist?s TOU, since 3Taps never touches Craigslist?s servers to obtain the data it provides via its API. ?Says Kidd:

The [CL] data in question is indexed by public search engines and is made available in the public domain.? One does not have to belong to or even go to Craigslist to find this information on the description, price, and time of availability of a posting. The information is freely available in the public domain and is a fundamental component of transparency of supply and demand and price discovery that are the foundation of free markets.

Craigslist then says that 3Taps? argument about not directly accessing data from Craigslist is absurd:

3Taps copies all of craigslist?s content ? including time stamps and unique craigslist user ID numbers ? and makes it available to third parties for use in competing websites or, for whatever other purpose they wish. On information and belief, 3Taps is obtaining this content by improperly accessing craigslist?s website and ?scraping? content.

Copyright ? Facts and Facts

Kidd?s ?public domain? argument ? challenging Craigslist?s private ownership of public ?facts? ? has its own problems.? That?s because there are public facts and ? there are public facts.?For starters, what makes an apartment listing a public fact??Arguably, an apartment listing is a private piece of information uniquely created and formatted by a landlord and Craigslist: How listed, what information is listed, what pricing, etc.? Perhaps not the most highly creative of copyright subject matters protected by ?original works of authorship fixed in any tangible medium of expression? US Copyright Act (Title 17 US Code), but nonetheless protected by copyright.

No, Craigslist may not be able to protect names and addresses, but it may be able to protect Craigslist?s particular presentation of those names and addresses.? And Craigslist makes this very point in its complaint, claiming that 3Taps ?displays craigslist?s copyrighted content in virtually identical visual fashion to the manner in which they appear on craigslist.?

August 1: After filing its July suit, Craigslist amends its TOU, telling users they were?not permitted to cross-post?their sales items anywhere else on the internet:

Clicking ?continue? confirms that Craigslist is the exclusive licensee of this content, with the exclusive right to enforce copyrights against anyone copying, republishing, distributing, or preparing derivative works without its consent.

August 5: Craigslist instructs all general search engines to stop indexing CL postings.

August 9: CL amends its TOU ? again ? to remove ?exclusive license? language from its TOS:

Second, Craigslist may be able to rely on copyright arguments similar to those historically made by mapmakers and telephone book publishers, where the compilation of otherwise public facts is itself copyrightable.?(See, for example,?Feist Publications, Inc. v. Rural Telephone Service Co., 499 US 340 (1991).)? This argument, where the unique presentation, design, layout, or formatting give a compiler a copyright edge, still gives scant protection to the component parts, but it can give viability to a legal claim of misappropriation.

Other Arguments ? Trademark and Unfair Competition

Craigslist makes other legal arguments, including most notably trademark infringement and dilution claims and California state law unfair competition claims.? These are subjects beyond the scope of the present discussion, although they do seem to raise the kinds of issues that the likes of Rockefeller Plaza in New York City deals with: Once a year, every year, the plaza is closed to public access in order to allow its owners to continue to assert their private ownership.?? Perhaps Craigslist, too, feels some periodic necessity to remind its users that freedom of internet use is not free.

September 24: 3Taps files answer and counterclaim against CL.? Counterclaims:

  • Antitrust
  • Unfair competition
  • Interference with economic advantage

From 3Taps antitrust counterclaim complaint:

3taps is not alleging that craigslist acquired its widespread monopoly power improperly ? far from it; craigslist should be applauded for bringing online classifieds into the modern age and achieving its initial dominance over various U.S. markets for the ?onboarding? (i.e., the process of inputting and uploading factual content on the internet) of user-generated classified ads by those seeking a personal exchange transaction for various goods and services, including apartment rentals, jobs, personal services, general goods, and other sales.

What 3taps is complaining about is how craigslist has maintained (and continues to maintain) its monopoly power in these three related markets. Certainly, craigslist has not maintained this power by competing on the merits. Indeed, for years, craigslist has espoused the classic principles of a monopolist that believed it did not need to compete: a ?strategy? of ?unbranding,? ?demonetizing,? and ?uncompeting? ?the epitome of a lethargic monopolist. And why not? ?As an unchallenged monopolist across these various markets, craigslist has generated revenues somewhere between $100-$300 million per year, and that?s without sinking any significant costs into research and development or innovation.

September 24: Craigslist launches its own mapping capability.

Andrew Mirsky is an attorney and Principal of Mirsky & Company, PLLC, a law firm with particular emphasis in new media, intellectual property, technology, corporate and nonprofits. Andrew has 17 years? experience as a business and commercial lawyer, including 5 years? experience in company management of media and technology enterprises. Bruce Fryer, an intern with?Mirsky & Company, PLLC, contributed to this post.

(This version of this post originally appeared on the website of Mirsky & Company, PLLC on November 29, 2012; reprinted by kind permission of the author. Photo courtesy of Flickr user Mike Licht, NotionsCapital.com pursuant to Creative Commons CC BY 2.0 license.)

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Source: http://www.citmedialaw.org/blog/2012/copyright-%E2%80%9Cpublic-facts%E2%80%9D-craigslist-v-padmapper

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HBT: Are Phillies turning attention to Bourn?

Michael Bourn was undoubtedly a stronger player than B.J. Upton in 2012, yet something surprising happened when free agency opened earlier this month; Bourn?s most recent team, the Braves, and his original team, the Phillies, both made Upton the priority in talks.

Did it have to do with the price tag? Bourn was seeking more money, but the figures were so astronomical with both that it hardly seemed likely to make all of the difference. Upton just got $15.05 million per year for five years from the Braves. Bourn was asking for a sixth year, but he never figured to do much better than the $75 million that Upton got.

It?s all really curious to me. I see Upton as the significantly better bet going forward, but I wasn?t really expecting the Braves or especially the Phillies to view it the same way. Upton is two years younger, which makes a real difference. Bourn, though, is the better fielder and the better leadoff candidate. Upton also has a reputation for not always hustling. No one seems to view him as a bad guy overall, but his head doesn?t always seem to be in the game. Bourn has no such reputation.

Anyway, most suspect the Phillies will now turn to Bourn. And maybe they will. Still, I don?t think they would have been all over Upton like they were if they were eager to pay Bourn?s price. They might mix in a changeup and target the less pricey Angel Pagan instead. They also haven?t ruled out bringing back Shane Victorino, though Victorino needs to get a whole lot more realistic about his salary demands first.

Bourn will still get his big payday, but now I suspect he may have to settle for a bit less than Upton got, whether it?s four years and $60 million or five years and $70 million.

Source: http://hardballtalk.nbcsports.com/2012/11/28/phillies-lose-out-on-b-j-upton-will-they-turn-to-michael-bourn/related

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Moody's cuts HP long-term debt rating to Baa1

(AP) ? Moody's Investors Service on Wednesday lowered its long-term credit rating on Hewlett-Packard, saying the technology giant will have trouble increasing sales of many of its products.

Moody's lowered HP's senior unsecured credit rating by one notch, to "Baa1" from "A3." The rating remains investment grade but Moody's said its outlook is negative, implying it could be further downgraded.

HP's finances will remain weaker than previously expected "over the immediate term," Moody's senior vice president Richard Lane said in the rating announcement.

About 75 percent of HP's revenue comes from personal computers, enterprise servers, printers and services, Lane noted. He said those offerings "face slow to no growth prospects over the coming years."

It's not certain whether HP can restore growth and profitability, Lane said.

Moody's expects the company's revenue will likely decline 5 percent next year and its profit margin will narrow. It sees free cash flow after dividends next year of about $4 billion, down from an earlier estimate of $6 billion to $7 billion.

The rating downgrade affects about $25 billion of HP bonds. A spokesman for HP, which is based in Palo Alto, Calif., said the company had no immediate comment on the Moody's report.

Moody's began its review of HP's rating in October. HP has been falling out of favor on Wall Street as its personal computer and printer businesses face increasing competition from tablet computers and smartphones.

To add to its doldrums, HP announced last week that it took an $8.8 billion charge because it determined a business software maker it acquired for $10 billion last year was worth far less. HP has alleged that the acquired company, Autonomy, lied about its finances.

In August, HP disclosed that its $13 billion acquisition of technology consulting service Electronic Data Systems wasn't working out as well as management had expected.

The trouble in Autonomy and EDS has forced HP to absorb nearly $17 billion in accounting charges in the past two quarters, resulting in the biggest losses in the company's 73-year history.

HP's market value has been cut in half since the beginning of the year.

Moody's warned that HP's travails might cause it to undertake "shareholder friendly actions or portfolio repositioning" that would further weaken its credit standing.

Moody's assigns the "Baa1" rating to debt that it believes is on the lower end of investment grade. Companies with the rating are subject to moderate risk of default, placing them somewhere between safe and speculative investments.

HP's stock closed up 37 cents, or 3 percent, at $12.73.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/495d344a0d10421e9baa8ee77029cfbd/Article_2012-11-28-US-Hewlett-Packard-Moody's/id-8066fa6958284a5f88af31b372c987ce

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US EPA suspends oil giant BP from new federal contracts over conduct tied to oil spill

A retired British naval officer?s scathing email to his three adult children about his bitter and frustrating disappointment in all of them has gone viral with his eloquence and biting honesty. Nick Crews, 67, of Plymouth, England, sent the letter to his two daughters and...

Source: http://news.yahoo.com/us-epa-suspends-oil-giant-bp-federal-contracts-135953310--finance.html

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Thursday, November 29, 2012

Georgia Tech Pre Game - IlliniHQ Forums

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    #1 User is online ? ChicagoFan?

    • Group: Members
    • Joined: 04-February 11

    Posted Today, 10:49 AM

    This is going to be an interesting game in that the ACC team is going to want to slow down the game and beat Illinois up on the boards while the B1G wants to play fast and maximize possessions. Did they learn anything from Gardner Webb about dictating pace? Illinois' roster is unbalanced for what we want to do. We want to get up and down the floor to increase scoring opportunities, but we need our guards to rebound. The keys will be defensive rebounding and points off turnovers IMO. Dictating pace > 3 pt. percentage.

    Prediction:
    Illinois - 116
    GT - 37
    OK117 argues for a week about whether a 79 point win is a "blow out" or "ass whoopin."

    0


    #2 User is offline ? ElonTennis?

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    • Joined: Yesterday, 12:18 PM

    Posted Today, 10:50 AM

    There are excellent seats available on the Fighting Illini website at face value. A and B Section. Please people, make the effort to sell this game out.

    0


    #3 User is offline ? LongDuckDong?

    • Group: Members
    • Joined: 20-February 12

    Posted Today, 10:52 AM

    View PostChicagoFan, on 28 November 2012 - 10:49 AM, said:

    This is going to be an interesting game in that the ACC team is going to want to slow down the game and beat Illinois up on the boards while the B1G wants to play fast and maximize possessions. Did they learn anything from Gardner Webb about dictating pace? Illinois' roster is unbalanced for what we want to do. We want to get up and down the floor to increase scoring opportunities, but we need our guards to rebound. The keys will be defensive rebounding and points off turnovers IMO. Dictating pace > 3 pt. percentage.

    Prediction:
    Illinois - 116
    GT - 37
    OK117 argues for a week about whether a 79 point win is a "blow out" or "ass whoopin."

    I'm gonna go with ass whoopin, but I don't have any data to support that opinion.

    0


    #4 User is offline ? ILLove1997?

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    • Joined: 21-February 12

    Posted Today, 10:54 AM

    We'll trash them by 20

    And I can't fricking wait

    0


    #5 User is offline ? jasn88cubs?

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    • Joined: 17-January 11

    Posted Today, 11:00 AM

    Illinois 78
    Ga Tech 63

    0


    #6 User is online ? ChicagoFan?

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    • Joined: 04-February 11

    Posted Today, 11:11 AM

    This should be the complete opposite of the last time we ran into a Brian Gregory coached team. Dayton ran us out of the gym in the loser tournament.

    Another prediction:
    Headshot cross references all my posts in here and Scout for 2 hours to find a fallacy.

    0


    #7 User is offline ? Anderson25?

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    Posted Today, 11:28 AM

    Illini 81
    GT 67

    We'll get back to our nice scoring ways.

    0


    #8 User is offline ? IlliniVette?

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    • Joined: 01-January 09

    Posted Today, 11:34 AM

    Is Ditka playing or coaching?

    0


    #9 User is offline ? MiniDitka?

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    • Joined: 19-September 08

    Posted Today, 12:02 PM

    View PostIlliniVette, on 28 November 2012 - 11:34 AM, said:

    Is Ditka playing or coaching?


    And is he full size? B)

    0


    #10 User is offline ? Blessd24?

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    • Joined: 25-November 12

    Posted Today, 01:02 PM

    GT looked better than I thought they would be against St Mary's. I think it will be a closer game.

    67-62 Illini.

    0


    #11 User is online ? Big10Man?

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    • Joined: 27-March 11

    Posted Today, 01:23 PM

    View PostIlliniVette, on 28 November 2012 - 11:34 AM, said:

    Is Ditka playing or coaching?

    If Ditka is driving Da Bus, I am definitely going with Da Illini.

    0


    #12 User is offline ? PunchRockgroin?

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    • Joined: 15-February 12

    Posted Today, 01:38 PM

    View PostChicagoFan, on 28 November 2012 - 11:11 AM, said:

    This should be the complete opposite of the last time we ran into a Brian Gregory coached team. Dayton ran us out of the gym in the loser tournament.


    Thank you for that trip down Bad Memory Lane. :lol:

    What I'd like to see tonight: 1) More drives to the rim on offense. 2) Better rebounding from the entire team-especially the bigs.

    Illini-70
    Tech-60

    0


    #13 User is offline ? superscal23?

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    • Joined: 16-January 11

    Posted Today, 01:42 PM

    This is Tech's first appearance in Assembly Hall since the famous double OT game in '89 and the first time we've played them in the Challenge. Nice to see a well known program that we don't play very often.

    0


    #14 User is offline ? eddiefromthebaseline?

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    • Joined: 01-August 08

    Posted Today, 01:52 PM

    potential 15th member of the B1G?

    0


    #15 User is offline ? IlliniVette?

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    • Joined: 01-January 09

    Posted Today, 02:15 PM

    ?eddiefromthebaseline, on 28 November 2012 - 01:52 PM, said:

    potential 15th member of the B1G?


    If the ACC is dissolving GaTech would be just what the conference/BTN is looking for. Academics fit, expands into a new region, and gets into the Atlanta media market (

    0


    #16 User is offline ? 74illini?

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    • Joined: 27-March 12

    Posted Today, 02:30 PM

    This is another tough game. This will be the 2nd best team we played this year season to date behind Butler, but better than Gardner Webb. Georgia Tech does not like to run, they are strictly a half court team. They play physical hard nose defense, but lack offensive fire power. They have held their own against solid competition in California and St. Mary's.

    Keys to Game.
    1) GET CROWD INVOLVED EARLY! How many times has coming out of the gate with a big early run help energize the team for the entire game. We didn't get that against Webb, but we need to against GT.
    2) LIMIT turnovers. This a sound defensive team and committing 15-20 turnovers will likely see us ending up in the loser's column.
    3) GET TRACY ABRAM's back on track.
    4) SHARE THE ROCK. I wanna see 15-20 team assists this game.
    5) PLAY HARD!

    We do those things and we win going away, but it will not be a easy task folks...

    Illinois 70
    GTech 59

    DJ Richardson will lead the Illini in scoring tonight... He is begging to rev up a bit...

    0


    #17 User is offline ? MiniDitka?

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    • Joined: 19-September 08

    Posted Today, 03:00 PM

    View PostIlliniVette, on 28 November 2012 - 02:15 PM, said:

    If the ACC is dissolving GaTech would be just what the conference/BTN is looking for. Academics fit, expands into a new region, and gets into the Atlanta media market (<-biggest factor).


    I agree, we could do a lot worse than GaTech. Good engineering school with a decent history in both football and basketball.

    0


    #18 User is offline ? superscal23?

    • Group: Members
    • Joined: 16-January 11

    Posted Today, 03:06 PM

    Tech hasn't scored over 65 points in their last 4 games, and has recently won games by scores of 52-38 and 54-36. It'll be interesting to see which team can dictate tempo tonight.

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    #19 User is online ? Apostle Paul?

    • Group: Members
    • Joined: 21-November 12

    Posted Today, 04:01 PM

    Unfortunately, it is probably only a matter of time before-and I hesitate to say it since they are shooting so well right now-this IL team loses a game because they are over reliant on the three point shooting (which is something that hasn't changed over regimes). They need to have a plan b when the threes aren't falling. If they attack the basket (primarily this since the frontcourt isn't too good) when the threes don't fall and cram in to bigs for free throws, it would be great and this would save the game probably. But I fear that such an in game decision will not be forthcoming and IL will eventually lose for said reasons. Not necessarily tonight, but eventually, maybe Gonzaga. It seems the best teams always incorporate some sort of inside-outside offensive strategy. I love that they are playing loose ball and have no hesitation to score, but sometimes to be really good, you do have to make subtle mental adjustments in a game based on what is working and what isn't. A multi dimensional attack is best. I do love the new brand of D, it looks to really bother teams when it is working; so , hopefully if they aren't making threes, they can crank up that d as well.

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    #20 User is offline ? Breal31?

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    • Joined: 08-March 10

    Posted Today, 04:24 PM

    I know this is Georgia Tech and they aren't a great team but Illinois HAS to play better then they did the other night...another complete no show and turnover clinic from Tracy could be a serious problem. Brandon has to take control and score, play at least as he did in the second half...As long as no serious duds are thrown up by key players I feel confident Tech won't score enough to win on the road, Assembly Hall actually showing a pulse of life tonight ( unlike Sunday) would be nice

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