Al - To me, it looks like a marginal break of the short-term downtrend line, but lots of resistance up to 42. May take a while to grind its way through that, especially since volume is unconvincing.
Just in terms of risk/reward, I like to buy these things on the accelerated downtrend break. USO had that in mid-Dec around 36. At that time, the risk was only to 35 or so (with a stop). Wasn't paying attention to this because I was so loaded up with PMs.
Right now I think risk/reward is about even.