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Pluralistic: The Epstein class and collapse porn (09 Feb 2026)

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A detail of a US $100 bill. Jeffrey Epstein's mugshot has been overlaid over Benjamin Franklin's portrait. Peter Thiel's portrait has been swapped for the US Dept of Treasury seal. Trump's signature has been swapped for the US Treasurer's signature. The line of zeroes after the 100, top and bottom, has been extended to the edge of the image. The image has been roughed up and recolored in a hellish mix of reds and yellows.

The Epstein class and collapse porn (permalink)

It's hard to talk about the Epstein class without thinking about "The Economy" – "The Economy" in the sense of a kind of mystical, free-floating entity whose health or sickness determines the outcomes for all the rest of us, whom we must make sacrifices to if we are to prosper.

As nebulous as "The Economy" is as an entity, there's an economic priesthood that claims it can measure and even alter the course of the economy using complex mathematics. We probably won't ever understand their methods, but we can at least follow an indicator or two, such as changes to GDP, an aggregated statistic that is deceptively precise, given that it subsumes any number of estimates, qualitative judgments and wild-ass guesses, which are all disguised behind an official statistic that is often published to three decimal places.

There's plenty to criticize about GDP: a healthy GDP doesn't necessarily mean that the average worker is better off. When your rent goes up, so does GDP. Same with your salary going down (provided this results in more spending by your boss). GDP isn't really a measure of the health of "The Economy" – it's a measure of the parts of "The Economy" that make rich people (that is, the Epstein class) better off.

But what if there was a way to make money from calamitous collapses in GDP? What if the wealthy didn't just win when "number go up," but also when "number eat shit?"

The latest batch of Epstein emails includes a particularly ghoulish exchange between Epstein and his business partner, the anti-democracy activist and billionaire Peter Thiel:

https://www.justice.gov/epstein/files/DataSet%209/EFTA00824843.pdf

The email is dated 26 Jun 2016, right after Brexit, and in it, Epstein writes:

return to tribalism . counter to globalization. amazing new alliances. you and I both agreed zero interest rates were too high, as i said in your office. finding things on their way to collapse , was much easier than finding the next bargain

This is a perfect example of what Naomi Klein calls "disaster capitalism." It's been the norm since the crash of 2008, when bankers were made whole through public bailouts and mortgage holders were evicted by the millions to "foam the runway" for the banks:

https://wallstreetonparade.com/2012/08/how-treasury-secretary-geithner-foamed-the-runways-with-childrens-shattered-lives/

The crash of 2008 turned a lot of people's homes – their only substantial possessions – into "distressed assets" that were purchased at fire-sale prices by Wall Street investors, who turned around and rented those homes out to people who were now priced out of the housing market at rents that kept them too poor to ever afford a home, under slum conditions that crawled with insects and black mold:

https://pluralistic.net/2024/10/01/housing-is-a-human-right/

Note here that economic collapse helps the Epstein class only if society has no social safety net. If Obama had supported homeowners instead of banks, there wouldn't have been a foreclosure crisis and thus there wouldn't have been any "distressed assets" flooding the market.

So it's no surprise that the Epstein class are also obsessed with austerity. Peter Mandelson (British Labour's "Prince of Darkness") is a close ally of Epstein's, and also a key figure in the crushing austerity agenda of Blair, Brown and Starmer. He's a machine for turning Parliamentary majorities into distressed assets at scale.

Same for Steve Bannon, another close Epstein ally, who boasts about his alliances with far-right figures who exalt the capital class and call for deregulation and the elimination of public services: Le Pen, Salvini, Farage. Combine that with Epstein and Thiel's gloating about "finding things on their way to collapse…much easier than finding the next bargain," and it starts to feel like these guys are even happier with "number eat shit" than they are with "number go up."

Trump is the undisputed king of the Epstein class, and he seems determined to drive "The Economy" over a cliff. Take his tariff program, modeled on the McKinley tariffs of 1890, which led to the Panic of 1893, a financial crisis that saw one in four American workers forced into unemployment and 15,000 businesses into bankruptcy (that's a lot of distressed assets!):

https://en.wikipedia.org/wiki/Panic_of_1893

Then there's Trump's mass deportation program, which will force lots of businesses (farms, restaurants, etc) into bankruptcy, creating another massive pool of distressed assets. Trump's given ICE $75b, while the DoJ Antitrust Division and FTC (which protect Americans from corporate scams) have seen their budgets take a real-terms cut. The majority of DoJ lawyers and FBI agents are working on immigration cases (against workers, not employers, mind!). The Antitrust Division has $275m to fight all of America's corporate crime:

https://www.organizedmoney.fm/p/white-collar-crime-enforcement-in

I'm not saying that Trump is trying to induce another massive economic crash. I'm saying, rather, that within his coalition there is a substantial bloc of powerful, wealthy people who are on the hunt for "things on their way to collapse," and who are doubtless maneuvering to frustrate other Trump coalition members who are solely committed to "number go up."

Even the collapse of crypto creates lots of opportunities to "buy the dip." Not the dip in crypto (crypto's going to zero), but the dip in all the real things people bought with real money they got by borrowing against their shitcoins.

The thousand-plus children that Epstein lured to his island rape-camp were often "distressed assets" in their own right: Julie K Brown's groundbreaking reporting on Epstein for the Miami Herald described how he sought out children whose parents were poor, or neglectful, or both, on the grounds that those children would be "on their way to collapse," too.

The Epstein class's commitment to destroying "The Economy" makes sense when you understand that trashing civilization is "much easier than finding the next bargain." They want to buy the dip, so they're creating the dip.

They don't need the whole number to go up, just theirs. They know that inclusive economies are more prosperous for society as a whole, but it makes criminals and predators worse off. The New Deal kicked off a period of American economic growth never seen before or since, but the rich despised it, because a prosperous economy is one in which it gets harder and harder to find "things on their way to collapse," and thus nearly impossible to "find[] the next bargain."

(Image: Gage Skidmore, CC BY-SA 3.0)


Hey look at this (permalink)



A shelf of leatherbound history books with a gilt-stamped series title, 'The World's Famous Events.'

Object permanence (permalink)

#25yrsago Yours is a very bad hotel https://www.slideshare.net/slideshow/yours-is-a-very-bad-hotel/34583

#20yrsago Kids refuse to sell candy after completing health unit https://web.archive.org/web/20060223010123/http://www.guardian.co.uk/worldlatest/story/0,,-5600588,00.html

#20yrsago Disneyland model recreates Yippie invasion of 1970 https://web.archive.org/web/20051228122604/http://dannysland.blogspot.com/2005/12/great-moments-in-disneyland-history.html

#20yrsago Canadian Red Cross wastes its money harassing video game makers https://web.archive.org/web/20060221020835/https://www.igniq.com/2006/02/canadian-red-cross-wants-its-logo-out.html

#20yrsago How Yahoo/AOL’s email tax will hurt free speech https://web.archive.org/web/20060213175705/https://www.eff.org/deeplinks/archives/004398.php#004398

#20yrsago Adbusters and the Economist have the same covers https://pieratt.com/odds/adbusters_vs_theeconomist.jpg

#20yrsago Head of British Vid Assoc: Piracy doesn’t hurt DVD sales http://news.bbc.co.uk/1/hi/entertainment/4691228.stm#6

#20yrsago Countries around the world rebelling against extreme copyright https://web.archive.org/web/20060629232414/http://www.michaelgeist.ca/index.php?option=com_content&task=view&id=1095

#20yrsago Web 1.0 logo-mosaic https://web.archive.org/web/20060506074530/https://www.complexify.com/buttons/

#15yrsago Is it legal to print Settlers of Catan tiles on a 3D printer? https://web.archive.org/web/20110131102845/https://publicknowledge.org/blog/3d-printing-settlers-catan-probably-not-illeg

#15yrsago UK Tories get majority of funding from bankers https://www.theguardian.com/politics/2011/feb/08/tory-funds-half-city-banks-financial-sector

#15yrsago Colorado Springs school bans kid who takes THC lozenges for neuro condition from attending because of “internal possession” https://www.coloradoindependent.com/2011/02/07/teens-medical-marijuana-fight-escalates-as-school-says-he-cannot-come-back-to-class-after-going-home-for-medicine/

#15yrsago Hamster-powered strandbeest walker https://crabfuartworks.blogspot.com/2011/02/hamster-powered-walker.html

#15yrsago Daytripper: wrenching existential graphic novel https://memex.craphound.com/2011/02/08/daytripper-wrenching-existential-graphic-novel/

#15yrsago Pactuator: a mechanical, hand-cranked Pac-Man https://upnotnorth.net/projects/pac-machina/pactuator/

#15yrsago Floppy drive organ plays toccata www.youtube.com/watch?v=dmoDLyiQYKw

#15yrsago Mike Mignola talks setting and architecture https://www.bldgblog.com/2011/02/ruin-space-and-shadow-an-interview-with-mike-mignola/

#15yrsago BBC to delete 172 unarchived sites, geek saves them for $3.99 https://web.archive.org/web/20110210152012/https://bengoldacre.posterous.com/nerd-saves-entire-bbc-archive-for-399-you-can

#10yrsago Australia, the driest country on Earth, eliminates basic climate science research https://www.scientificamerican.com/article/australia-cuts-110-climate-scientist-jobs/

#10yrsago Copyright trolls who claimed to own “Happy Birthday” will pay $14M to their “customers” https://web.archive.org/web/20160210091717/http://consumerist.com/2016/02/09/happy-birthday-song-settlement-to-pay-out-14-million-to-people-who-paid-to-use-song/

#10yrsago Eviction epidemic: the racialized, weaponized homes of America’s cities https://www.newyorker.com/magazine/2016/02/08/forced-out

#10yrsago Association of German judges slams US-EU trade deal for its special corporate courts https://www.techdirt.com/2016/02/09/top-german-judges-tear-to-shreds-eus-proposed-tafta-ttip-investment-court-system/

#10yrsago A digital, 3D printed sundial whose precise holes cast a shadow displaying the current time https://www.mojoptix.com/fr/2015/10/12/ep-001-cadran-solaire-numerique/

#10yrsago Jughead is asexual https://www.themarysue.com/jughead-asexuality/

#10yrsago Vtech, having leaked 6.3m kids’ data, has a new EULA disclaiming responsibility for the next leak https://web.archive.org/web/20160210092704/https://motherboard.vice.com/read/hacked-toy-company-vtech-tos-now-says-its-not-liable-for-hacks

#10yrsago How America’s presidents started cashing out https://web.archive.org/web/20160208210036/https://theintercept.com/2016/02/08/taxpayers-give-big-pensions-to-ex-presidents-precisely-so-they-dont-have-to-sell-out/

#10yrsago Bill criminalizing anal and oral sex passes Michigan Senate https://www.thenewcivilrightsmovement.com/2016/02/michigan_senate_passes_bill_saying_sodomy_is_a_felony/

#10yrsago Hacker promises dump of data from 20K FBI and 9K DHS employees https://web.archive.org/web/20160208214013/https://motherboard.vice.com/read/hacker-plans-to-dump-alleged-details-of-20000-fbi-9000-dhs-employees

#10yrsago Blooks: functional objects disguised as books https://www.theguardian.com/books/2016/jan/30/blook-madness-inside-the-world-of-bogus-books

#10yrsago Indian regulator stands up for net neutrality, bans Facebook’s walled garden https://arstechnica.com/tech-policy/2016/02/facebooks-free-internet-app-banned-by-indias-new-net-neutrality-rule/

#10yrsago British spies want to be able to suck data out of US Internet giants https://www.washingtonpost.com/world/national-security/the-british-want-to-come-to-america–with-wiretap-orders-and-search-warrants/2016/02/04/b351ce9e-ca86-11e5-a7b2-5a2f824b02c9_story.html

#5yrsago Fleet Street calls out schtum Tories https://pluralistic.net/2021/02/09/permanent-record/#foia-uk

#5yrsago The ECB should forgive the debt it owes itself https://pluralistic.net/2021/02/09/permanent-record/#ecb

#5yrsago Favicons as undeletable tracking beacons https://pluralistic.net/2021/02/09/permanent-record/#supercookies

#5yrsago Snowden's young adult memoir https://pluralistic.net/2021/02/09/permanent-record/#ya-snowden


Upcoming appearances (permalink)

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A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)



A grid of my books with Will Stahle covers..

Latest books (permalink)



A cardboard book box with the Macmillan logo.

Upcoming books (permalink)

  • "The Reverse-Centaur's Guide to AI," a short book about being a better AI critic, Farrar, Straus and Giroux, June 2026

  • "Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2026

  • "The Post-American Internet," a geopolitical sequel of sorts to Enshittification, Farrar, Straus and Giroux, 2027

  • "Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2027

  • "The Memex Method," Farrar, Straus, Giroux, 2027



Colophon (permalink)

Today's top sources:

Currently writing: "The Post-American Internet," a sequel to "Enshittification," about the better world the rest of us get to have now that Trump has torched America ( words today, total)

  • "The Reverse Centaur's Guide to AI," a short book for Farrar, Straus and Giroux about being an effective AI critic. LEGAL REVIEW AND COPYEDIT COMPLETE.

  • "The Post-American Internet," a short book about internet policy in the age of Trumpism. PLANNING.

  • A Little Brother short story about DIY insulin PLANNING


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Watch 404 Media’s Super Bowl Ad

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Watch 404 Media’s Super Bowl Ad

Behold, 404 Media’s Super Bowl ad. Yes, we bought a Super Bowl ad. No, we did not spend $8 million.

Until now, 404 Media has never done any paid advertising, but we figured why not get in on the country’s biggest ad extravaganza with a message about our journalist-owned, human-focused media company. There are tons of ads for AI and big tech this year, so how about some counter programming?

On a whim last week, we began looking into purchasing a Super Bowl ad for as little money as possible, by finding a local station willing to air our ad. We knew this was possible because in 2015, The Verge bought a Super Bowl ad that aired only in Helena, Montana, for a cost of $700. Inspired by them, we did the same this year.

After googling “smallest TV markets in the United States,” we came across KYOU, which serves the city of Ottumwa, Iowa: population ~25,000. There were other options, but we thought we would try Ottumwa and see if anyone responded or if this seemed like a fool’s errand. We emailed KYOU to see if we could buy a Super Bowl ad, and we got an immediate answer: There was one slot left, and it would cost $2,550. They also had a slot immediately after the game for $1,250, one during the Olympics following the game for $500, or pregame slots for $500. It felt important to have the ad actually run during the game, so we paid the $2,550 in-game slot. 

We then had several things to figure out: First, we needed to make an ad. Second, we needed to find someone in Ottumwa to film the ad for us. 

0:00
/0:41

After batting around various concepts involving celebrities that we don’t actually know and high production values that we could neither afford nor execute, we decided to write an incredibly straightforward script about who we are, what we do, and what type of person we are for. We each recorded it in front of our computers where we do our podcasts. It is perhaps the easiest possible concept we could have created, but I think it feels very us. We then asked Evy Kwong, our social media manager, to cut the Super Bowl ad. Evy did a great job with the cybery filters and b-roll. Our friends at Kaleidoscope, which produces our podcast, then gave it a last-minute sound mix. We delivered a final version of the ad to KYOU Thursday morning, and were told that it would air early in the third quarter, around 8:07 p.m. CST. 

0:00
/0:41

Finding someone in Ottumwa to film the ad for us in its natural habitat was slightly trickier. We put out a call on Bluesky and on our podcast this week, where we very cryptically asked for anyone in Ottumwa to contact us immediately. We got a shocking number of responses from people with ties to Ottumwa, but most either had family or friends there, had lived there briefly and moved on, or lived a few hours away but said they were willing to go there if we needed. Turns out many people were willing to call in favors, even after learning that we were not doing some sort of Flock or ICE investigation and instead needed something more frivolous. We learned a surprising amount of info about Ottumwa during this process, and I made friends with a semi local archaeologist who noted various ancient civilization sites in the broader area. All of this support was a really heartening experience, but we didn’t want to make people drive a long way or reach out to ex-colleagues for us.

Eventually, a current Ottumwan resident said that not only were they going to be in Ottumwa during the Super Bowl, but they would be watching at a party full of people who would also probably be willing to film the TV too. We are endlessly indebted to these folks. 

Whether this ad moves the needle for us in any way, only time will tell. If you’re an Ottumwan who saw the ad and checked us out, please let us know.

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That’s AI!

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Pluralistic: End of the line for video essays (07 Feb 2026)

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An image of a static-filled TV; centered in it is a distorted Youtube logo with the wordmark replaced by the word 'FairUse.'

End of the line for video essays (permalink)

What if there was a way for a business to transform any conduct it disliked into a felony, harnessing the power of the state to threaten anyone who acted in a way that displeased the company with a long prison sentence and six-figure fines?

Surprise! That actually exists! It's called Section 1201 of the Digital Millennium Copyright Act, the "anticircumvention" clause, which establishes five-year sentences and $500k fines for anyone who bypasses an "effective access control" for a copyrighted work.

Let's unpack that: every digital product has a "copyrighted work" at its core, because software is copyrighted. Digital systems are intrinsically very flexible: just overwrite, augment, or delete part of the software that powers the device or product, and you change how the product works. You can alter your browser to block ads; or alter your Android phone to run a privacy-respecting OS like Graphene; or alter your printer to accept generic ink, rather than checking each cartridge to confirm that it's the original manufacturer's product.

However, if the device is designed to prevent this – if it has an "access control" that restricts your ability to change the software – then DMCA 1201 makes those modifications into crimes. The act of providing someone with a tool to change how their own property works ("trafficking in circumvention devices") is a felony.

But there's a tiny saving grace here: for DMCA 1201 to kick in, the "access control" must be "effective." What's "effective?" There's the rub: no one knows.

The penalties for getting crosswise with DMCA 1201 are so grotendous that very few people have tried to litigate any of its contours. Whenever the issue comes up, defendants settle, or fold, or disappear. Despite the fact that DMCA 1201 has been with us for more than a quarter of a century, and despite the fact that the activities it restricts are so far-reaching, there's precious little case law clarifying Congress's vague statutory language.

When it comes to "effectiveness" in access controls, the jurisprudence is especially thin. As far as I know, there's just one case that addressed the issue, and boy was it a weird one. Back in 2000, a "colorful" guy named Johnny Deep founded a Napster-alike service that piggybacked on the AOL Instant Messenger network. He called his service "Aimster." When AOL threatened him with a trademark suit, he claimed that Aimster was his daughter Amiee's AOL handle, and that the service was named for her. Then he changed the service's name to Madster, claiming that it was also named after his daughter. At the time, a lot of people assumed he was BSing, but I just found his obituary and it turns out his daughter's name was, indeed, "Amiee (Madeline) Deep":

https://www.timesunion.com/news/article/Madster-creator-Cohoes-native-who-fought-record-11033636.php

Aimster was one of the many services that the record industry tried to shut down, both by filing suit against the company and by flooding it with takedown notices demanding that individual tracks be removed. Deep responded by "encoding" all of the track names on his network in pig-Latin. Then he claimed that by "decoding" the files (by moving the last letter of the track name to the first position), the record industry was "bypassing an effective access control for a copyrighted work" and thus violating DMCA 1201:

https://abcnews.go.com/Entertainment/story?id=108454&page=1

The court didn't buy this. The judge ruled that pig Latin isn't an "effective access control." Since then, we've known that at least some access controls aren't "effective" but we haven't had any clarity on where "effectiveness" starts. After all, there's a certain circularity to the whole idea of "effective" access controls: if a rival engineer can figure out how to get around an access control, can we really call it "effective?" Surely, the fact that someone figured out how to circumvent your access control is proof that it's not effective (at least when it comes to that person).

All this may strike you as weird inside baseball, and that's not entirely wrong, but there's one unresolved "effectiveness" question that has some very high stakes indeed: is Youtube's javascript-based obfuscation an "effective access control?"

Youtube, of course, is the internet's monopoly video platform, with a commanding majority of video streams. It was acquired by Google in 2006 for $1.65b. At the time, the service was hemorrhaging money and mired in brutal litigation, but it had one virtue that made it worth nine figures: people liked it. Specifically, people liked it in a way they didn't like Google Video, which was one of the many, many, many failed internally developed Google products that tanked, and was replaced by a product developed by a company that Google bought, because Google sucks at developing products. They're not Willy Wonka's idea factory – they're Rich Uncle Pennybags, buying up other kids' toys:

https://www.theatlantic.com/ideas/archive/2023/02/google-ai-chatbots-microsoft-bing-chatgpt/673052/

Google operationalized Youtube and built it up to the world's most structurally important video platform. Along the way, Google added some javascript that was intended to block people from "downloading" its videos. I put "downloading" in scare-quotes because "streaming" is a consensus hallucination: there is no way for your computer to display a video that resides on a distant server without downloading it – the internet is not made up of a cunning series of paper-towel rolls and mirrors that convey photons to your screen without sending you the bits that make up the file. "Streaming" is just "downloading" with the "save file" button removed.

In this case, the "save file" button is removed by some javascript on every Youtube page. This isn't hard to bypass: there are dozens of "stream-ripping" sites that let you save any video that's accessible on Youtube. I use these all the time – indeed, I used one last week to gank the video of my speech in Ottawa so I could upload it to my own Youtube channel:

https://www.youtube.com/watch?v=iZxbaCNIwg8

(As well as the Internet Archive, natch):

https://archive.org/details/disenshittification-nation

Now, all of this violates Youtube's terms of service, which means that someone who downloads a stream for an otherwise lawful purpose (like I did) is still hypothetically at risk of being punished by Google. We're relying on Google to be reasonable about all this, which, admittedly, isn't the best bet, historically. But at least the field of people who can attack us is limited to this one company.

That's good, because there's zillions of people who rely on stream-rippers, and many of them are Youtube's most popular creators. Youtube singlehandedly revived the form of the "video essay," popularizing it in many guises, from "reaction videos" to full-fledged, in-depth documentaries that make extensive use of clips to illuminate, dispute, and expand on the messages of other Youtube videos.

These kinds of videos are allowed under US copyright law. American copyright law has a broad set of limitation and exceptions, which include "fair use," an expansive set of affirmative rights to access and use copyrighted works, even against the wishes of the copyright's proprietor. As the Supreme Court stated in Eldred, the only way copyright (a government-backed restriction on who can say certain words) can be reconciled with the First Amendment (a ban on government restrictions on speech) is through fair use, the "escape valve" for free expression embedded in copyright:

https://en.wikipedia.org/wiki/Eldred_v._Ashcroft

Which is to say that including clips from a video you're criticizing in your own video is canonical fair use. What else is fair use? Well, it's "fact intensive," which is a lawyer's way of saying, "it depends." One thing that is 100% true, though, is that fair use is not limited to the "four factors" enumerated in the statute and anyone who claims otherwise has no idea what they're talking about and can be safely ignored:

https://pluralistic.net/2024/06/27/nuke-first/#ask-questions-never

Now, fair use or not, there are plenty of people who get angry about their videos being clipped for critical treatment in other videos, because lots of people hate being criticized. This is precisely why fair use exists: if you had to secure someone's permission before you were allowed to criticize them, critical speech would be limited to takedowns of stoics and masochists.

This means that the subjects of video essays can't rely on copyright to silence their critics. They also can't use the fact that those critics violated Youtube's terms of service by clipping their videos, because only Youtube has standing to ask a court to uphold its terms of service, and Youtube has (wisely) steered clear of embroiling itself in fights between critics and the people they criticize.

But that hasn't stopped the subjects of criticism from seeking legal avenues to silence their critics. In a case called Cordova v. Huneault, the proprietor of "Denver Metro Audits" is suing the proprietor of "Frauditor Troll Channel" for clipping the former's videos for "reaction videos."

One of the plaintiff's claims here is that the defendant violated Section 1201 of the DMCA by saving videos from Youtube. They argue that Youtube's javascript obfuscator (a "rolling cipher") is an "effective access control" under the statute. Magistrate Judge Virginia K DeMarchi (Northern District of California) agreed with the plaintiff:

https://torrentfreak.com/images/Cordova-v.-Huneault-25-cv-04685-VKD-Order-on-Motion-to-Dismiss.pdf

As Torrentfreak reports, this ruling "gives creators who want to sue rivals an option to sue for more than just simple copyright infringement":

https://torrentfreak.com/ripping-clips-for-youtube-reaction-videos-can-violate-the-dmca-court-rules/

Remember, DMCA 1201 applies whether or not you infringe someone's copyright. It is a blanket prohibition on the circumvention of any "effective access control" for any copyrighted work, even when no one's rights are being violated. It's a way to transform otherwise lawful conduct into a felony. It's what Jay Freeman calls "Felony contempt of business model."

If the higher court upholds this magistrate judge's ruling, then all clipping becomes a crime, and the subjects of criticism will have a ready tool to silence any critic. This obliterates fair use, wipes it off the statute-book. It welds shut copyright's escape valve for free expression.

Now, it's true that the US Copyright Office holds hearings every three years where it grants exemptions to DMCA 1201, and it has indeed granted an exemption for ripping video for critical and educational purposes. But this process is deceptive! The exemptions that the Copyright Office grants are "use exemptions" – they allow you to "make the use." However, they are not "tools exemptions" – they do not give you permission to acquire or share the tool needed to make the use:

https://pluralistic.net/2024/10/28/mcbroken/#my-milkshake-brings-all-the-lawyers-to-the-yard

Which means that you are allowed to rip a stream, but you're not allowed to use a stream-ripping service. If Youtube's rolling cipher is an "effective access control" then all of those stream-ripping services are wildly illegal, felonies carrying a five-year sentence and a $500k fine for a first offense under DMCA 1201.

Under the US Copyright Office's exemption process, if you want to make a reaction video, then you, personally must create your own stream-ripper. You are not allowed to discuss how to do this with anyone else, and you can't share your stream-ripper with anyone else, and if you do, you've committed a felony.

So this is a catastrophic ruling. If it stands, it will make the production of video essays, reaction videos, and other critical videos into a legal minefield, by giving everyone whose video is clipped and criticized a means to threaten their critics with long prison sentences, fair use be damned. The only people who will safely be able to make this kind of critical video are skilled programmers who can personally defeat Youtube's "rolling cipher." And unlike claims about stream-ripping violating Youtube's terms of service – which can only be brought by Youtube – DMCA 1201 claims can be brought by anyone whose videos get clipped and criticized.

Is Youtube's rolling cipher an "effective access control?" Well, I don't know how to bypass it, but there are dozens of services that have independently figured out how to get around it. That seems like good evidence that the access control is not "effective."

When the DMCA was enacted in 1998, this is exactly the kind of thing experts warned would happen:

https://pluralistic.net/2025/05/13/ctrl-ctrl-ctrl/#free-dmitry

And here we are, more than a quarter-century later, living in the prison of lawmakers' reckless disregard for evidence and expertise, a world where criticism can be converted into a felony. It's long past time we get rid of this stupid, stupid law:

https://pluralistic.net/2026/01/01/39c3/#the-new-coalition

(Image: Electronic Frontier Foundation, CC BY 4.0)


Hey look at this (permalink)



A shelf of leatherbound history books with a gilt-stamped series title, 'The World's Famous Events.'

Object permanence (permalink)

#25yrsago Bellsouth phases out pay-phones https://web.archive.org/web/20010211165636/http://dailynews.yahoo.com/h/ap/20010202/bs/bellsouth_pay_phones_1.html

#20yrsago Man who shattered museum vases asked not to come back http://www.chinadaily.com.cn/english/doc/2006-02/07/content_517885.htm

#20yrsago Dozens of Web 2.0 companies’ logos https://flickr.com/photos/torrez/95124293/

#20yrsago Did Nvidia hire an army of message-board sock-puppets? https://web.archive.org/web/20060208045150/https://www.consumerist.com/consumer/evil/did-nvidia-hire-online-actors-to-promote-their-products-152874.php

#15yrsago Sarah Palin Circle-R wants a trademark on her name https://www.loweringthebar.net/2011/02/sarah-palin-tm-having-trouble-with-registration.html

#10yrsago Love Picking: Locksport meets love locks https://toool.us/love-locks/

#10yrsago Superb investigative report on the fake locksmith scam https://www.nytimes.com/2016/01/31/business/fake-online-locksmiths-may-be-out-to-pick-your-pocket-too.html?_r=1

#5yrsago Klobuchar wants to bust her some fuckin' trusts https://pluralistic.net/2021/02/06/calera/#fuck-bork


Upcoming appearances (permalink)

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A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)



A grid of my books with Will Stahle covers..

Latest books (permalink)



A cardboard book box with the Macmillan logo.

Upcoming books (permalink)

  • "Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2026

  • "Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2026

  • "The Memex Method," Farrar, Straus, Giroux, 2026

  • "The Reverse-Centaur's Guide to AI," a short book about being a better AI critic, Farrar, Straus and Giroux, June 2026



Colophon (permalink)

Today's top sources:

Currently writing: "The Post-American Internet," a sequel to "Enshittification," about the better world the rest of us get to have now that Trump has torched America (1010 words today, 24701 total)

  • "The Reverse Centaur's Guide to AI," a short book for Farrar, Straus and Giroux about being an effective AI critic. LEGAL REVIEW AND COPYEDIT COMPLETE.

  • "The Post-American Internet," a short book about internet policy in the age of Trumpism. PLANNING.

  • A Little Brother short story about DIY insulin PLANNING


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"When life gives you SARS, you make sarsaparilla" -Joey "Accordion Guy" DeVilla

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ISSN: 3066-764X

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Quoting Tom Dale

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I don't know why this week became the tipping point, but nearly every software engineer I've talked to is experiencing some degree of mental health crisis.

[...] Many people assuming I meant job loss anxiety but that's just one presentation. I'm seeing near-manic episodes triggered by watching software shift from scarce to abundant. Compulsive behaviors around agent usage. Dissociative awe at the temporal compression of change. It's not fear necessarily just the cognitive overload from living in an inflection point.

Tom Dale

Tags: ai-ethics, careers, coding-agents, generative-ai, ai, llms

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As Space Tourism Looms, Scientists Ask: Should We Have Sex In Orbit?

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As Space Tourism Looms, Scientists Ask: Should We Have Sex In Orbit?

Welcome back to the Abstract! Here are the studies this week that had off-Earth offspring, took stock of a mortal threat, productively slept, and sought out old friends.

First, what to expect when you’re expecting a star child. Then: how to fight cancer, the nap-plications of lucid dreaming, and why old rats don’t make new friends.

As always, for more of my work, check out my book First Contact: The Story of Our Obsession with Aliens or subscribe to my personal newsletter the BeX Files

How to make babies in space (Don’t)

Palmer, Giles Anthony et al. “Reproductive biomedicine in space: implications for gametogenesis, fertility and ethical considerations in the era of commercial spaceflight.” Reproductive BioMedicine Online.

It’s hard enough to have babies on Earth, let alone off it. But if humans ever do expand beyond our planet to live in orbital outposts or on other planets, we would presumably want to build healthy families there. Even in the near term, it is conceivable that space will be flooded by rich tourists eager to join the 250-mile-high club, raising questions about how to practice safe space sex (or if that is even possible).

In a new study, scientists review the medical and ethical challenges of space reproduction, noting that while space sex is “often overshadowed by sensationalized or speculative portrayals, the topic…nonetheless demands serious attention.”

“Space is toxic to terrestrial life. It is an inherently hostile environment for terrestrial biology to thrive,” said researchers led by Giles Anthony Palmer of the International IVF Initiative Inc. “The microgravity, cosmic radiation, circadian disruption, pressure differentials, and extreme temperatures found in orbit or beyond present unique and multifactorial stressors to the human body.”

“As we enter a new era of space exploration, defined by longer missions, broader participation, and eventual human settlement beyond Earth, the question is not simply whether reproduction can occur in space, but whether human fertility can be preserved, protected and comprehensively understood in an environment fundamentally different from that in which our species evolved,” the team added.

The study provides a comprehensive review of how various space environments might impact fertility, pregnancy, labor, and health outcomes of children. For example, studies of rodent reproduction in space show higher risks of abnormal cell division and impaired development; meanwhile, the inherent dangers of pregnancy and labor are significantly amplified in space environments.   

“The question of whether humanity should reproduce beyond Earth is no longer hypothetical—it is a pressing ethical frontier,” the team concluded. “In the context of commercial spaceflight, where ambition often outpaces caution, the stakes are higher than ever. Without robust frameworks, rigorous research, and a deeply human commitment to ethical principles, there is a risk of exporting not just life but injustice, exploitation and harm into the cosmos. To be worthy of the stars, we must earn our place, not only through technological prowess, but through ethical wisdom.”

In other news…

Let’s get cancer’s ass

Fink, Hanna et al. “Global and regional cancer burden attributable to modifiable risk factors to inform prevention.” Nature Medicine.

Roughly ten million people die from cancer each year, making it a leading cause of morbidity worldwide. While many cancers are not preventable, scientists set out to estimate just how much of the global cancer burden can be attributable to “modifiable risk factors,” meaning behavioral, environmental, or occupational factors that influence the odds of developing cancer.

The results revealed that “nearly 4 in 10 cancer cases worldwide in 2022 could have been prevented by eliminating exposure to the risk factors considered in this study,” which include smoking, alcohol consumption, and contaminated environments, said researchers led by Hanna Fink of the World Health Organization's International Agency for Research on Cancer.

“Smoking (15.1%), infections (10.2%) and alcohol consumption (3.2%) were the leading contributors to cancer burden,” the team added. “Lung, stomach, and cervical cancers represented nearly half of preventable cancers. Strengthening efforts to reduce modifiable exposures remains central to global cancer prevention.”

The researchers also found “obvious gendered patterns in causes of cancer” such as higher rates of smoking and alcohol consumption in men, and higher BMI in women. While there is an enduring allure to the idea of a cancer cure-all, this study underscores that the disease emerges from a complex interplay of factors, only some of which are under our control.

To sleep, perchance to lucid dream

Konkoly, Karen R. et al. “Creative problem-solving after experimentally provoking dreams of unsolved puzzles during REM sleep.” Neuroscience of Consciousness.

Scientists have gone ahead and done an Inception. In a new study, 20 experienced lucid dreamers were presented with puzzles matched with sound cues, which were then played as the participants slept to help them crack unsolved tasks in their dreams.  

As Space Tourism Looms, Scientists Ask: Should We Have Sex In Orbit?
Figure illustrating the experiment design. Image: Konkoly, Karen R. et al. 

“Whereas dream content is notoriously difficult to control experimentally, here we induced dreams about specific puzzles by presenting associated sounds during REM sleep,” said researchers led by Karen R. Konkoly of Northwestern University. “We preferentially recruited experienced lucid dreamers, intending for them to receive our real-time instructions in their dreams about which puzzles to volitionally attempt to solve.”

“Although many participants did not experience lucid dreams, we nevertheless found that cues successfully influenced dream content, biasing dreaming toward specific puzzles,” the team added. “Moreover, when puzzles were incorporated into dreams, they were more likely to be solved the next morning.”  

Yet more evidence for the most broadly applicable advice to humanity: sleep on it. 

Despite all my rage I am still just a rat in a maze

Gupta, Subhadeep Dutta et al. “When Familiar Faces Feel Better: A Framework for Social Neurocognitive Aging in a Rat Model.” eNeuro.

People get set in their ways as they get older—and that’s apparently true for rats, according to this new research. To probe the effects of age on mammalian social behavior, researchers obtained 169 male rats in two age cohorts: “young adults” at six months old and “aged” rats that were way over the hill at two years old.  

A series of rat mixers in water mazes revealed that the rodent elders were as likely to interact with rats as youngsters, but nearly half of them preferred to mingle with rats that were familiar to them, rather than socializing with new faces.  

“Results for the aged rats were strikingly different from young in two ways,” said researchers led by Subhadeep Dutta Gupta of the National Institute on Aging in Baltimore.  “First, as a group, aged rats failed to display a reliable social novelty preference overall” and “second, inter-individual variability was significantly greater among old animals, with nearly half exhibiting a phenotype not seen in the young group, comprising an apparent social bias for the familiar conspecific.”

I think we can all relate to an occasional social bias for familiar conspecifics. To that end, the study concludes with a truth bomb: “It is important to recognize that a brief session of social interaction with a stranger inevitably falls short in matching the depth of familiarity established through enduring human social relationships.”

In the words of the ultimate rat elder, Master Splinter: “Help each other, draw upon one another, and always remember the true force that binds you.” 

Thanks for reading! See you next week.

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