WEBVTT
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The Bogosity Podcast,
early and ad-free!
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Become a subscriber at Patreon,
SubscribeStar, or Discord.
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Use the links at donate.bogosity.tv.
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Welcome to the Bogosity Podcast
for the week of August 24 2025,
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the podcast that shakes its
pale fist at the angry stars.
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This is your host, Shane Killian.
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Next week is the fifth weekend in the month,
so no podcast next week;
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this will be the last podcast for August.
Let's decollate the News of the Bogus.
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For those of you who are wondering when prices are
going to start coming down after Bidenflation, well,
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you're gonna have a while to wait yet,
because although the inflation rate has gone down,
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that just means that prices are still going up,
just not as fast.
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In fact, that's only going to get worse if Jerome
Powell caves to the demands for a rate cut.
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It's the usual Keynesian approach: let's
just make a policy of getting easy money
00:01:18.300 --> 00:01:23.100
so stock prices and real estate
prices can skyrocket ever upward!
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And no one ever seems to remember
what the inevitable result of all of that is.
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In particular, ordinary homeowners and
first time homebuyers feel the pinch,
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not only in the price of housing
but also increased property taxes.
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The increase in housing prices results in a higher property
tax bill even if the tax rate hasn't gotten any higher.
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And the knock-on effects
are felt by renters,
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since that expense has to ultimately
be included in the price of rentals.
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Making matters worse is the fact that they're talking
about doing this as CPI and PPI keep ticking upward again.
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With the S&P 500 near all-time highs, and gold and
silver and even crypto experiencing new highs,
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the problem with this economy
is not a lack of liquidity!
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In fact, along with both increasing
consumer and producer prices,
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we have employment ticking lower,
meaning we're beginning to experience stagflation.
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Now, according to the media,
tariffs are to blame for this, but tariffs,
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although they do make prices of many if not most
products higher for us, don't actually cause inflation.
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It's extremely unlikely we'd see this, even with
tariffs, if it weren't for all the excessive liquidity.
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The year-on-year CPI has
risen for three months in a row,
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and month-on-month CPI has risen four months
in a row, despite employment stagnating.
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When Trump took office, these rates went down—which again
means prices weren't going up as fast—but the fact remains,
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even that has been undone and we're starting to see CPI
increases comparable to what they were back in January.
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And as Ron Paul pointed out in
an article on mises.org, quote:
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"Of course, the CPI numbers are manipulated to
understate the true rate, and effects, of inflation.
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One way this is done
is by 'Chained CPI.'
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This is where the government does not consider
consumers impacted by price increases
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that make their favorite products unaffordable
if there are affordable substitutes available—
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as if government bureaucrats can determine
what is and is not an adequate substitute
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for a good made unaffordable
by the Federal Reserve."
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He also mentions "shrinkflation,"
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where product sizes are reduced or products
are reformulated to have cheaper ingredients,
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meaning consumers aren't getting value for their money
but in a way that doesn't show up in the statistics.
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And he pointed out that you're
probably better informed
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if you watch TikTok than if you
listen to the government, quote:
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"There they will find videos of parents
highlighting the burden placed on the family budget
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by the skyrocketing
price of school supplies.
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A survey by Bankrate found that 29 percent of family budgets
were strained by the growing costs of school supplies,
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while a survey by Intuit Credit Karma found
that 44 percent of parents were going into,
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or increasing, their family's debt in order
to buy their children school supplies.
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School supplies prices have even risen at
big box retailers like Wal-Mart and Target.
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Even Dollar Tree has raised
some prices to over a dollar!"
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He quipped that this might renew the
efforts of politicians to ban TikTok.
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The real fix to this is for the Fed to take a hands-off
policy and let this liquidity do its job in the market,
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even if it means interest rates go up a bit
and stocks, gold, and crypto stop their rally.
00:04:48.060 --> 00:04:55.180
Consumers are still struggling with the fact that their
dollars have lost 25% of their purchasing power since 2020.
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They need prices to come down!
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Keep your hands off until the
inflation rate goes negative.
00:05:07.600 --> 00:05:11.680
Presenting: the greatest
game this side of Yuggoth!
00:05:11.680 --> 00:05:17.520
You are H.P.
Lovecraft's cat, and your name is Ni***
00:05:17.520 --> 00:05:24.080
...Right. We can't say that on a podcast. Anyway,
that's the point: Your name is a joke to him.
00:05:24.080 --> 00:05:26.960
So now, you are out for revenge!
00:05:26.960 --> 00:05:30.560
Using the Necronomicon,
you come to the present day to buy a gun
00:05:30.560 --> 00:05:32.880
to vanquish him once and for all.
00:05:32.880 --> 00:05:38.080
But the Necronomicon is devious,
and it summoned Lovecraft's monsters as well.
00:05:38.080 --> 00:05:43.200
Now, in a crumbling world,
you must fight for the revenge you seek.
00:05:43.200 --> 00:05:48.800
Fight monsters. Gain allies.
Buy guns and armor for yourself and your team.
00:05:48.800 --> 00:05:51.120
Defeat the bosses of each level.
00:05:51.120 --> 00:05:55.200
Then get your revenge
against Lovecraft himself.
00:05:55.200 --> 00:06:01.600
Play Lovecraft's Cat!
The link is at cat.bogosity.tv.
00:06:01.600 --> 00:06:06.240
Yeah, we're doing cat.bogosity.tv,
not...that other one.
00:06:06.240 --> 00:06:08.860
What, you want me to get kicked
off the Internet or something?
00:06:14.060 --> 00:06:19.100
Okay, good news: Kohls v.
Bonta is finally over!
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This is the lawsuit over the
California law passed in response
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to online satire videos poking fun of
Kamala Harris and Gavin Newsom.
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You know, the one that is such an obvious First Amendment
violation it should never have been let in the door?
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This suit challenged the constitutionality of the
Defending Democracy from Deepfake Deception Act of 2024
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and the Deceptive Media
in Advertisements Act.
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The main video targeted was a deepfake
of Kamala Harris saying, quote:
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"I was selected as the ultimate diversity hire so if you
criticize anything I say you're both sexist and racist."
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Despite the fact that the video was explicitly
labeled as a parody, Gavin Newsom acted to ban it,
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because the real criteria is whether
or not you hurt their fee-fees.
00:07:07.740 --> 00:07:11.500
Notice they've had nothing to say about
the season premiere of South Park,
00:07:11.500 --> 00:07:16.860
which featured a deepfake of a fat and naked
Donald Trump shambling through a desert.
00:07:16.860 --> 00:07:22.660
The lawsuit was filed in September of last year,
and was only thrown out a few days ago.
00:07:22.661 --> 00:07:26.348
Judge John A.
Mendez granted summary judgement to the Plaintiffs
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saying that the California law violates
and is preempted by Section 230.
00:07:31.260 --> 00:07:39.180
He ruled: "It is hereby ordered that Defendants are
hereby permanently enjoined from enforcing AB 2655,
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in its entirety,
against X Corp and Rumble.
00:07:42.620 --> 00:07:47.949
Final judgment is entered pursuant to
the terms of this Order. It is so ordered.
00:07:47.950 --> 00:07:51.420
Now get the hell outa my courtroom!"
00:07:51.420 --> 00:07:54.380
Actually,
it's not the whole lawsuit that's thrown out.
00:07:54.380 --> 00:08:00.980
He didn't rule on the first and third causes in X Corp's
complaint, which are that it violates the First Amendment
00:08:00.980 --> 00:08:05.980
and it's void for vagueness under the First
and 14th Amendments because, quote:
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"the statute's requirements and
prohibitions are so unintelligible
00:08:10.220 --> 00:08:15.980
that X and the other covered platforms
cannot understand what the law prohibits."
00:08:15.980 --> 00:08:19.180
Just the second,
that it violates Section 230.
00:08:19.180 --> 00:08:23.740
In a case that, again,
should never have been let in the door!
00:08:23.740 --> 00:08:29.162
Likewise, counts one and two in Rumble's complaint,
free speech and void for vagueness, remain
00:08:29.162 --> 00:08:33.100
and only their third count,
Section 230 again, was ruled on.
00:08:33.100 --> 00:08:37.340
So the question is, where do we go from here?
The law should be kaput,
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since if it violates Section 230 you don't need any
of the others, but that's not the only question here.
00:08:43.100 --> 00:08:46.860
There's also the question of the Plaintiffs
recovering costs and attorneys' fees.
00:08:46.860 --> 00:08:50.700
And then, of course, there's the
likelihood that California will appeal.
00:08:50.700 --> 00:08:55.500
What else is there? I'll keep you posted,
since I'm still subscribed to the RSS feed,
00:08:55.500 --> 00:08:59.820
but although it would be nice to have a
solid First Amendment ruling against it,
00:08:59.820 --> 00:09:06.255
again, this law seems to be dead in the water.
And good riddance.
00:09:09.820 --> 00:09:12.220
If you're on the Wi-Fi in
a coffee shop or hotel,
00:09:12.220 --> 00:09:14.620
anyone on that network can
get access to your traffic.
00:09:14.620 --> 00:09:16.860
Do you really trust all
of those strangers?
00:09:16.860 --> 00:09:19.740
For that matter,
do you really trust your ISP?
00:09:19.740 --> 00:09:25.820
A VPN can protect you from prying eyes, disguise
your location, and even foil government censors.
00:09:25.820 --> 00:09:32.460
It's essential in this day and age, so go to
vpn.bogosity.tv and you'll be taken to BoxPN.
00:09:32.460 --> 00:09:33.900
Starting at just $2.99/month,
00:09:34.460 --> 00:09:38.940
you can get unlimited high-speed connections
to VPN servers all over the world,
00:09:38.940 --> 00:09:42.460
and they don't log connections
so your privacy is assured.
00:09:42.460 --> 00:09:47.580
Travelling abroad, just VPN home and don't worry
about what those other governments are doing.
00:09:47.580 --> 00:09:50.540
Back at home,
stop your ISP from traffic-shaping
00:09:50.540 --> 00:09:54.460
and messing with the quality internet
access you're paying good money for.
00:09:54.460 --> 00:09:58.300
You can connect from multiple machines at once,
including your smartphone or tablet,
00:09:58.300 --> 00:10:03.260
and it supports all the secure standards
including OpenVPN and SSTP.
00:10:03.260 --> 00:10:09.926
Bypass censors and surveillance with your own
secure VPN connection. Go to vpn.bogosity.tv.
00:10:16.060 --> 00:10:19.580
And another court decision
that took way too long:
00:10:19.580 --> 00:10:25.740
the appeals court in New York finally threw
out the ridiculous judgement against Trump.
00:10:25.740 --> 00:10:31.038
This is that insane case we covered that
was brought by state AG Letitia James
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and presided over by the completely
unhinged Arthur Engoron, the "nipple judge."
00:10:37.308 --> 00:10:39.820
Jonathan Turley posted on X:
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"There are reports that the New York appellate court has
tossed out the absurd civil judgment against Donald Trump.
00:10:45.740 --> 00:10:49.026
If true,
it is great news for the New York court system
00:10:49.027 --> 00:10:53.327
in regaining some of the credibility
lost during this litigation.
00:10:53.327 --> 00:10:58.971
Notably, both AG Letitia James and
Judge Arthur Engoron did their level best
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to effectively block an appeal by
demanding a ridiculous bond."
00:11:03.900 --> 00:11:07.180
The appellate court found that
the half a billion dollar penalty,
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to be paid to the state of New York even
though they weren't damaged in any way,
00:11:11.260 --> 00:11:14.460
was excessive and violated
the Eighth Amendment.
00:11:14.460 --> 00:11:21.411
Turley wrote: "The grotesque award of Judge Engoron
will stand as the pinnacle of lawfare in New York—
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the utter abandonment of both any reason or
restraint in the pursuit of political adversaries."
00:11:28.220 --> 00:11:35.420
This is coming as James's disgrace grows since, as we
covered, she's facing indictment for mortgage fraud.
00:11:35.420 --> 00:11:39.020
It's only a partial win,
because although they threw out the penalty,
00:11:39.020 --> 00:11:43.923
they upheld Engoron's ridiculous finding
that Trump was exaggerating his wealth—
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you know, when he said that
Mar-A-Lago was only worth $18 million?
00:11:48.460 --> 00:11:51.656
In fact,
the only judge who made any sense—
00:11:51.657 --> 00:11:56.434
who was therefore derided by the other judges,
who couldn't even agree on a majority ruling—
00:11:56.435 --> 00:12:03.100
was Judge David Friedman, who wrote: "This action
essentially turns section 63(12) on its head.
00:12:03.100 --> 00:12:08.336
The leniency with which the courts have construed
the requirements for pleading and proving fraud—
00:12:08.337 --> 00:12:13.071
a leniency that has been extended for the
purpose of facilitating the use of the provision
00:12:13.072 --> 00:12:18.834
to prevent the exploitation of unsophisticated
consumers, investors and small businesses—
00:12:18.835 --> 00:12:22.248
is here being used by Attorney
General Letitia James
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to apply it to a scenario to which that provision has
never before been applied, or even thought to apply.
00:12:29.100 --> 00:12:36.540
Specifically, to unwind complex financial transactions
that were negotiated, face-to-face and at arm's length,
00:12:36.540 --> 00:12:39.522
between a privately held
real estate organization
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and ultra-sophisticated banks,
insurance companies and government entities,
00:12:44.460 --> 00:12:50.780
which were advised by equally sophisticated lawyers,
accountants, and other business professionals.
00:12:50.780 --> 00:12:54.220
The Attorney General complains,
and Supreme Court found,
00:12:54.220 --> 00:12:59.238
that the statements of financial condition that
President Trump provided to the counterparties
00:12:59.239 --> 00:13:04.460
in connection with the transactions at
issue overvalued certain of his assets.
00:13:04.460 --> 00:13:10.300
However, each of the SFCs included written
disclaimers advising, in no uncertain terms,
00:13:10.300 --> 00:13:13.304
that President Trump's valuations
of his various properties
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were estimates that had not been
audited and were not beyond dispute.
00:13:17.980 --> 00:13:22.127
Each counterparty was further warned
that it should do its own due diligence
00:13:22.127 --> 00:13:28.060
and draw its own conclusions about President Trump's
net worth, which each counterparty actually did,
00:13:28.060 --> 00:13:32.940
as it was obligated to do for its own
protection as a matter of New York law.
00:13:32.940 --> 00:13:37.980
Moreover, President Trump paid all the principal,
interest, and premiums he owed,
00:13:37.980 --> 00:13:41.400
and no counterparty ever registered
any complaint about the deals
00:13:41.401 --> 00:13:48.780
before the Attorney General began publicly accusing
President Trump of issuing fraudulent SFCs.
00:13:48.780 --> 00:13:52.540
Had any counterparty been
dissatisfied with its transaction,
00:13:52.540 --> 00:13:56.480
it would have had the incentive
and resources to seek redress
00:13:56.481 --> 00:14:02.892
for violation of its rights through private litigation—
litigation that, according to the Attorney General,
00:14:02.893 --> 00:14:10.940
would have yielded scores of millions of dollars of
damages in some cases. No such lawsuit was ever filed."
00:14:10.940 --> 00:14:16.940
And all of that should be more than enough for any
reasonable person to realize how ridiculous it is,
00:14:16.940 --> 00:14:23.420
and how, if this case is allowed to stand, practically
anyone in the state could be charged with fraud.
00:14:23.420 --> 00:14:30.620
And remember: when a law is so broad that it can catch
so many people that they can't all be prosecuted,
00:14:30.620 --> 00:14:35.340
they inevitably will be
selectively prosecuted.
00:14:35.340 --> 00:14:37.500
Of the other judges, Friedman wrote:
00:14:37.500 --> 00:14:44.300
"Two of my colleagues have cited scores of cases in
an attempt to shoehorn this case into section 63(12).
00:14:44.300 --> 00:14:48.940
They have gone so far as to claim that the
Attorney General, by bringing this action,
00:14:48.940 --> 00:14:57.829
has possibly saved the world from a replay of the financial
meltdown of 2008; how this might be is not explained.
00:14:57.830 --> 00:15:04.074
Despite their efforts, they are unable to
point to a single precedent—not even one—
00:15:04.074 --> 00:15:09.740
for the use of section 63(12) to target
transactions such as those at issue here.
00:15:09.740 --> 00:15:13.420
The Attorney General simply
failed to prove her case.
00:15:13.420 --> 00:15:18.140
Accordingly, I would reverse the
judgment and dismiss the complaint.
00:15:18.140 --> 00:15:23.029
Thus, while I concur in the decretal's
vacatur of the constitutionally unsound
00:15:23.030 --> 00:15:26.860
(and otherwise defective) half-billion
dollar disgorgement award,
00:15:26.860 --> 00:15:32.616
I respectfully dissent insofar as the
decretal affirms the judgment as to liability
00:15:32.617 --> 00:15:37.580
and as to the award of nonmonetary
relief to the Attorney General."
00:15:37.580 --> 00:15:42.700
And that's a weird thing that can happen when
you don't have a majority opinion, quote:
00:15:42.700 --> 00:15:48.620
"I find it remarkable that, although a three-justice
majority of this five-justice panel believe
00:15:48.620 --> 00:15:52.700
that the judgment in favor of the
Attorney General should not stand,
00:15:52.700 --> 00:15:57.260
as she has not carried her burden
of proving a violation of the statute,
00:15:57.260 --> 00:16:04.780
the result of the appeal is the affirmance of the judgment,
albeit as modified to eliminate the disgorgement award.
00:16:04.780 --> 00:16:12.460
To draw a sports analogy, it is as if a team is
awarded a touchdown without crossing the goal line."
00:16:12.460 --> 00:16:14.700
But as Turley pointed out, quote:
00:16:14.700 --> 00:16:21.820
"The court will allow injunctive relief to stand. Trump
can now appeal the residual elements left in the case.
00:16:21.820 --> 00:16:28.380
However, James's trophy catch has now
gone from a mounted Marlin to a guppy."
00:16:28.380 --> 00:16:34.140
But they really need to do more than that if they want
to make New York at all attractive to businesses again.
00:16:34.140 --> 00:16:42.140
If lawfare that blatant is allowed to stand, what person
in his right mind would start a business in the state?
00:16:42.140 --> 00:16:44.896
Friedman made that very point, quote:
00:16:44.897 --> 00:16:50.051
"The precedent for arbitrary, selective,
politically motivated use of section 63(12)
00:16:50.052 --> 00:16:55.007
this Court is creating by placing its stamp
of approval on the judgment in this case
00:16:55.008 --> 00:17:00.780
will deter those doing business in the state from
opposing the Attorney General and her party politically,
00:17:00.780 --> 00:17:05.319
whether through speaking out,
running for office, making political donations,
00:17:05.320 --> 00:17:08.300
or any other form of
political involvement.
00:17:08.300 --> 00:17:11.500
Moreover,
as several of the amici point out,
00:17:11.500 --> 00:17:16.655
our approval of the Attorney General's
unprecedented use of section 63(12)
00:17:16.655 --> 00:17:20.140
is likely to deter business
investment in our state.
00:17:20.140 --> 00:17:24.220
This case shows that this
concern is not just theoretical."
00:17:24.220 --> 00:17:31.340
So once again, if you were cheering on this lawfare
because Orange Man Bad, you are part of the problem.
00:17:31.340 --> 00:17:37.655
And you are pretty much the definition of the label
"fascist" you would put on to him and his supporters.
00:17:43.260 --> 00:17:46.780
I want to tell you about the eyeglasses
I've been wearing for years.
00:17:46.780 --> 00:17:50.220
As people can see on my videos,
I have a very strong prescription,
00:17:50.220 --> 00:17:54.220
which makes glasses more expensive,
especially when I need computer glasses,
00:17:54.220 --> 00:17:56.540
reading glasses,
prescription sunglasses,
00:17:56.540 --> 00:18:01.180
and most expensively,
progressive lenses for general everyday wear.
00:18:01.180 --> 00:18:05.580
To save money while still getting quality glasses,
I get them from Firmoo.
00:18:05.580 --> 00:18:09.660
In fact, I just got a pair of progressives
with high index aspherical lenses
00:18:09.660 --> 00:18:13.980
in a nice pair of frames my wife loves,
for just over $100.
00:18:13.980 --> 00:18:17.180
It would have been $500 to get
them through my eye doctor.
00:18:17.180 --> 00:18:19.980
Not only do they look good,
the glasses are durable.
00:18:19.980 --> 00:18:23.500
I've worn many pairs for several
years without problems.
00:18:23.500 --> 00:18:26.060
All orders come with a
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a 3-month warranty,
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Go to firmoo.bogosity.tv any time you
need quality glasses at a low price.
00:18:38.460 --> 00:18:42.948
Once again,
that's firmoo.bogosity.tv.
00:18:51.100 --> 00:18:56.460
And now it's time to precontemplate
this week's Biggest Bogon Emitter.
00:18:56.460 --> 00:19:03.340
And it's another one for content cartels such as the MPA
and the RIAA, this time through other intermediaries,
00:19:03.340 --> 00:19:09.820
but still going after Cox because they wouldn't
bend the knee to their holy DMCA decrees.
00:19:09.820 --> 00:19:13.500
We've been covering the case as it's
been going on over all these years,
00:19:13.500 --> 00:19:18.780
with some ways that Cox has won and other
ways they've lost, and this is another win.
00:19:18.780 --> 00:19:24.780
This is regarding a shortcut the content cartels
like to take to the DMCA subpoena requirement.
00:19:24.780 --> 00:19:30.220
Under the DMCA, they don't have to file
a lawsuit directly against the infringer,
00:19:30.220 --> 00:19:33.180
because they often won't
know who they are initially.
00:19:33.180 --> 00:19:37.740
So the law allows them to request a subpoena,
signed by a court clerk,
00:19:37.740 --> 00:19:42.220
with no judicial oversight,
unlike every other subpoena.
00:19:42.220 --> 00:19:45.513
This horrendous travesty
of justice lets them obtain
00:19:45.514 --> 00:19:49.740
the personal details of alleged
infringers from third-party services,
00:19:49.740 --> 00:19:52.780
including ISPs and
social media platforms,
00:19:52.780 --> 00:19:57.260
basically for no other reason than
because the media company says so.
00:19:57.260 --> 00:20:00.620
But apparently,
even that isn't good enough for them.
00:20:00.620 --> 00:20:03.740
Within just a couple of years
of the DMCA's passage,
00:20:03.740 --> 00:20:11.820
the RIAA used a shortcut around this process to go
after tens of thousands of alleged pirates all at once.
00:20:11.820 --> 00:20:16.060
Instead of trying to get a subpoena
against specific alleged infringers,
00:20:16.060 --> 00:20:20.540
they use this process to get a
subpoena against a service provider,
00:20:20.540 --> 00:20:25.420
forcing them to turn over the identities
of thousands of users all at once.
00:20:25.420 --> 00:20:31.580
The ISPs countered, saying that they were mere
conduits and don't actually store any content.
00:20:31.580 --> 00:20:37.064
Several courts such as the DC Circuit Court
agreed, and the practice was pretty much banned.
00:20:37.065 --> 00:20:43.420
So then, if they want to go after downloaders, they
have to file a complaint and get a proper subpoena.
00:20:43.420 --> 00:20:46.860
Now, these rightsholders are
trying to resurrect the practice.
00:20:46.860 --> 00:20:52.043
Court clerks, ignoring circuit precedent,
are back to granting subpoena requests
00:20:52.044 --> 00:20:57.820
requiring ISPs to identify hundreds
or even thousands of alleged pirates.
00:20:57.820 --> 00:21:04.860
Cox is now once again defending against such a subpoena,
saying that these subpoenas don't apply to mere conduits.
00:21:04.860 --> 00:21:09.740
The Hawaii District Court agreed with
Cox last year and quashed the subpoena.
00:21:09.740 --> 00:21:15.900
So a bunch of film companies including Capstone Studios
and Millennium Funding appealed to the Ninth Circuit,
00:21:15.900 --> 00:21:18.620
who smacked them down yet again.
00:21:18.620 --> 00:21:25.140
They ruled that a DMCA subpoena is "inextricably
intertwined" with the notice-and-takedown practice.
00:21:25.140 --> 00:21:29.740
So such a subpoena can only be
issued following a takedown notice.
00:21:29.740 --> 00:21:32.940
And since ISPs don't
actually store any content,
00:21:32.940 --> 00:21:37.420
there's nothing for them to take down,
so takedown notices don't apply to them.
00:21:37.420 --> 00:21:42.842
The film companies argued that the mere act
of assigning IP addresses and routing traffic
00:21:42.843 --> 00:21:47.020
constituted "linking" subscribers
to infringing content.
00:21:47.020 --> 00:21:53.260
The Court rejected that, saying that it would
completely undo all of the safe harbor protections.
00:21:53.260 --> 00:21:59.500
They also rejected the film companies' argument that Cox
could disable access via port blocking or null routing,
00:21:59.500 --> 00:22:03.660
because that wouldn't actually remove
infringing content from anywhere.
00:22:03.660 --> 00:22:06.149
This also allays concerns of the EFF,
00:22:06.150 --> 00:22:11.393
who submitted an amicus brief saying that allowing
such subpoenas would empower copyright trolls
00:22:11.394 --> 00:22:15.660
and lead to coercive settlements
against innocent Internet users.
00:22:15.660 --> 00:22:20.416
The MPA and the RIAA wanted the
court to issue a more narrow ruling
00:22:20.416 --> 00:22:26.060
that would allow an ISP to function as a link
under the DMCA and pierce safe harbor.
00:22:26.060 --> 00:22:29.900
But the Ninth Circuit wasn't
playing along with the cartels.
00:22:29.900 --> 00:22:38.526
They affirmed that a mere conduit such as an ISP doesn't
link to or refer any user to any infringing material. Quote:
00:22:38.526 --> 00:22:44.393
"Capstone cites to no case or other authority
that outlines the types of service providers
00:22:44.394 --> 00:22:50.220
that 'refer or link' users to infringing
material within the meaning of § 512(d),
00:22:50.220 --> 00:22:56.380
but a basic understanding of IP addresses and
P2P networking defeats Capstone's argument.
00:22:56.380 --> 00:23:04.220
Connecting a user to the Internet and assigning the user
an IP address does not 'link' or 'refer' the user anywhere,
00:23:04.220 --> 00:23:08.780
much less to a particular location
containing infringing material.
00:23:08.780 --> 00:23:13.820
Following Capstone's logic,
an ISP's assignment of an IP address to a user
00:23:13.820 --> 00:23:18.464
would also 'link' or 'refer' that user
to all locations on the Internet,
00:23:18.464 --> 00:23:22.540
including all those containing
illicit and illegal content.
00:23:22.540 --> 00:23:27.228
If every ISP 'links' or 'refers'
its users to infringing material
00:23:27.228 --> 00:23:31.660
merely by assigning an IP address
and providing Internet service,
00:23:31.660 --> 00:23:38.700
then the § 512(d) safe harbor would
completely swallow the § 512(a) safe harbor.
00:23:38.700 --> 00:23:41.682
We reject Capstone's argument."
00:23:41.682 --> 00:23:45.260
Now,
this decision applies to a residential ISP,
00:23:45.261 --> 00:23:51.580
and not necessarily to, say, CDNs such
as Cloudflare, but all in all, a good ruling.
00:23:51.580 --> 00:23:56.780
If you want to allege that someone committed
a crime and get their personal information,
00:23:56.780 --> 00:24:02.620
you have to actually file in court to get
a subpoena. That's as it should be.
00:24:02.620 --> 00:24:10.380
That's not as the authors of the DMCA wanted it to be,
but fortunately, less tyrannical heads are prevailing.
00:24:10.380 --> 00:24:14.140
If only they would do that with
the rest of the DMCA as well.
00:24:14.140 --> 00:24:19.313
So all of that makes the content cartels
this week's Biggest Bogon Emitter.
00:24:24.460 --> 00:24:27.100
Do you have children?
Or nieces or nephews?
00:24:27.100 --> 00:24:29.340
Are you homeschooling,
or just want to counter
00:24:29.340 --> 00:24:32.780
some of the socialist indoctrination
most children get in school?
00:24:32.780 --> 00:24:38.540
If so, go to bogosity.tv/tuttletwins,
and you'll be taken to a website
00:24:38.540 --> 00:24:41.900
where you can get some great
books for elementary-aged children.
00:24:41.900 --> 00:24:45.820
The Tuttle Twins books are books about
liberty and free market economics
00:24:45.820 --> 00:24:50.220
that include children's versions of Bastiat's
The Law, Leonard Read's I, Pencil,
00:24:50.220 --> 00:24:53.980
and Hayek's The Road to Serfdom,
as well as books about the Federal Reserve
00:24:53.980 --> 00:24:56.540
and how regulations
protect business cronies.
00:24:56.540 --> 00:24:58.940
They'll learn about the harm
caused by eminent domain,
00:24:58.940 --> 00:25:03.340
or regulations passed in the name of safety,
and fundamental concepts of liberty.
00:25:03.340 --> 00:25:05.980
And as you can see from the
sample pages on the website,
00:25:05.980 --> 00:25:08.940
they're all easy to read
and nicely illustrated.
00:25:08.940 --> 00:25:12.140
They're just $9.99 apiece,
or get a special discount
00:25:12.140 --> 00:25:14.860
as well as free bonuses
when you purchase all five.
00:25:14.860 --> 00:25:18.700
You can even buy in bulk to donate
to schools and local libraries.
00:25:18.700 --> 00:25:27.340
So get the Tuttle Twins books
at bogosity.tv/tuttletwins.
00:25:30.860 --> 00:25:37.326
And now let's perambulatorificationalify
this week's Idiot Extraordinaire.
00:25:41.740 --> 00:25:47.020
I haven't been to Cracker Barrel in decades,
but I remember the experience.
00:25:47.020 --> 00:25:53.173
To be honest, the experience is probably better
than the food, unless you stick to breakfasts.
00:25:53.174 --> 00:25:57.418
But oh, man, that chicken fried steak!
00:25:57.420 --> 00:26:02.300
But as it is, I don't think I'll be going again
as long as this current crowd is in charge.
00:26:02.300 --> 00:26:06.860
I'm expecting the food to be as bland
and as ordinary as fish 'n' chips.
00:26:06.860 --> 00:26:11.580
At least, if the graphic design is anything
to go by. They've released their new logo,
00:26:11.580 --> 00:26:16.780
where they've basically taken away everything
that makes Cracker Barrel Cracker Barrel.
00:26:16.780 --> 00:26:20.913
No more man leaning against a barrel,
no more "old country store,"
00:26:20.914 --> 00:26:25.900
just the words Cracker Barrel against
an unimaginative background shape.
00:26:25.900 --> 00:26:32.300
It's just one in a series of completely bland brand
makeovers that seems to be the trend these days.
00:26:32.300 --> 00:26:35.980
It's like the Brutalism movement,
but for logos!
00:26:35.980 --> 00:26:42.620
It's done under the "leadership" (and I use
the term loosely) of CEO Julie Felss Masino,
00:26:42.620 --> 00:26:47.340
who could not possibly have misunderstood
her company's product any more,
00:26:47.340 --> 00:26:49.980
or how her customers would react to it.
00:26:49.980 --> 00:26:55.020
Inside and out,
Cracker Barrels sing of the old-time rural south.
00:26:55.020 --> 00:26:59.580
The rustic architecture, the gift shop you have
to go through on your way to the restaurant,
00:26:59.580 --> 00:27:05.340
to even the wooden tables and chairs
are like joining in a piece of Americana.
00:27:05.340 --> 00:27:12.700
And now, they've even unveiled the look of their
new stores! And it's actual Brutalist architecture!
00:27:12.700 --> 00:27:16.096
Seriously,
it's like a sterilized piece of a skyscraper
00:27:16.097 --> 00:27:21.500
with flat grey walls and large panes of glass,
with plastic chairs and tables.
00:27:21.500 --> 00:27:25.260
Hell, if we wanted that,
we'd just go to Denny's!
00:27:25.260 --> 00:27:29.270
Almost immediately,
the stock tanked 10%!
00:27:29.271 --> 00:27:35.340
As one Xer posted: "Cracker Barrel
didn't just lose its logo. It lost its soul.
00:27:35.340 --> 00:27:39.340
Under a CEO more obsessed with
DEI quotas than country charm,
00:27:39.340 --> 00:27:45.500
they've: Scrubbed the iconic logo; Remodeled
70+ stores into sterile showroom knockoffs;
00:27:45.500 --> 00:27:50.220
Pledged $700 million to erase every
trace of what made it feel like home;
00:27:50.220 --> 00:27:56.220
And according to a civil rights complaint, they're
openly discriminating against white employees.
00:27:56.220 --> 00:28:02.620
This isn't modernization. It's extermination
of Americana, of warmth, of memory.
00:28:02.620 --> 00:28:08.380
Congratulations, Cracker Barrel.
You're now Woke Barrel. Nobody asked for this."
00:28:08.380 --> 00:28:11.824
To show you how clueless Masino is,
she said in an interview:
00:28:11.824 --> 00:28:16.220
MASINO: Honestly, the feedback's been overwhelmingly
positive that people like what we're doing.
00:28:16.220 --> 00:28:20.540
I'll give you another soundbite. I actually happened
to be in Orlando last week with all of our managers.
00:28:20.540 --> 00:28:22.620
We bring them together
every other year.
00:28:22.620 --> 00:28:25.922
And the number one question that I got asked,
Michael, was,
00:28:25.923 --> 00:28:29.100
how can I get a remodel? When can I get a remodel?
How do I get on the list?
00:28:29.100 --> 00:28:32.780
So, because the feedback and the buzz is so good,
not only from our customers,
00:28:32.780 --> 00:28:36.202
but from our team members.
They want to work in a wonderful restaurant.
00:28:36.202 --> 00:28:38.468
So, we're doing everything for our
guests and our team members.
00:28:38.468 --> 00:28:46.460
KILLIAN: Lady, you lost over $100 million in
shareholder value in one day! How clueless can you get?
00:28:46.460 --> 00:28:51.420
As more than one person observed:
Did they learn nothing from Bud Lite?
00:28:51.420 --> 00:28:55.740
Other restaurants like Steak 'n Shake joined in.
They posted to X:
00:28:55.740 --> 00:29:00.610
"It is convenient for the company to blame
the logo and the historical decor for its woes
00:29:00.611 --> 00:29:07.660
rather than address its underlying problems—
service, portion size, product quality, and price.
00:29:07.660 --> 00:29:14.850
The CEO talks about the great 'buzz' generated by changing
the decor, but she cannot point to improving results.
00:29:14.851 --> 00:29:19.980
Until she is replaced,
a great American brand will continue to decline."
00:29:19.980 --> 00:29:23.180
In other posts,
they called for the CEO to be fired
00:29:23.181 --> 00:29:27.420
and said that the execs don't understand
their customers or their product.
00:29:27.420 --> 00:29:31.260
It got the ire of people like Sean Davis,
who wrote in The Federalist:
00:29:31.260 --> 00:29:33.976
"The stupid rebrand in
which executives stripped
00:29:33.977 --> 00:29:38.190
every last bit of charm and character from
the company and its restaurants and stores
00:29:38.191 --> 00:29:42.369
was just the latest in a long line
of attempts to set money on fire
00:29:42.370 --> 00:29:48.140
by breaking what didn't need to be fixed and
refusing to fix what was obviously broken."
00:29:48.140 --> 00:29:54.860
He pointed out how, like so many other places, the quality
of the food and service took a nosedive after COVID,
00:29:54.860 --> 00:29:58.620
thanks to a combination of supply
chains being permanently destroyed,
00:29:58.620 --> 00:30:03.420
together with 100 years worth of quality
improvements and now having to start over,
00:30:03.420 --> 00:30:08.780
to a generation of people who think this
"work" thing is just too much to ask of them.
00:30:08.780 --> 00:30:12.460
Quote: "Those are admittedly
tricky problems to fix,
00:30:12.460 --> 00:30:16.540
especially given how service quality
everywhere has sucked after COVID.
00:30:16.540 --> 00:30:21.900
It's hard to find wait staff and cooks who always show
up when they're supposed to and take pride in their work.
00:30:21.900 --> 00:30:25.296
Cracker Barrel executives refused
to address those problems—
00:30:25.297 --> 00:30:29.420
problems that any customer would've
pointed out had they bothered to ask.
00:30:29.420 --> 00:30:37.980
Instead, the executives went all-in on woke
alphabet BS: DEI this, BLM that, LGBT whatever.
00:30:37.980 --> 00:30:41.180
Because that's what people
want at an old country diner:
00:30:41.180 --> 00:30:44.380
gay race communism
shoved in their faces."
00:30:44.380 --> 00:30:49.260
But lest you think this is just an anti-woke thing,
even the Democrats are joining in the roasting!
00:30:49.260 --> 00:30:53.069
The Democratic Party posted on
X an image of Norman Rockwell's
00:30:53.070 --> 00:30:57.314
"Freedom of Speech" painting (that's
been memed to death), and said:
00:30:57.314 --> 00:31:00.780
"We think the Cracker Barrel rebrand sucks,
too."
00:31:00.780 --> 00:31:03.260
And even Gavin Newsom joined in,
quote:
00:31:03.260 --> 00:31:06.620
"What is wrong with Cracker Barrel?
Keep your beautiful logo!!!
00:31:06.620 --> 00:31:10.860
The new one looks like cheap
Velveeta 'cheese' from Walmart!"
00:31:10.860 --> 00:31:14.890
(Huh,
he thinks Velveeta is the cheap cheese...)
00:31:14.891 --> 00:31:17.238
But that's how much
of a bad idea this is:
00:31:17.239 --> 00:31:21.740
the complaints are coming regardless
of religious or political affiliation.
00:31:21.740 --> 00:31:25.500
Either that, or the Democrats figure
that's just what the cool kids are doing.
00:31:25.500 --> 00:31:27.980
Either way,
it's not good for Cracker Barrel.
00:31:27.980 --> 00:31:33.100
As Davis put it: "Cracker Barrel had the
simplest restaurant model possible,
00:31:33.100 --> 00:31:37.420
and it was one that made people fall and
stay in love with the brand for decades:
00:31:37.420 --> 00:31:41.420
comfort food in a setting that reminded
you of your grandparents' home.
00:31:41.420 --> 00:31:43.740
The food was good,
the people were kind,
00:31:43.740 --> 00:31:49.260
and the setting felt like a loving home filled with
people who cared about each other. That was it.
00:31:49.260 --> 00:31:56.120
And the moronic executives who've now destroyed something
like $2 billion worth of that company's value since 2020
00:31:56.121 --> 00:32:01.784
have decided the last little bit of charm left in
the place needed to have its soul ripped out
00:32:01.785 --> 00:32:07.980
and covered up with shiplap and geometric
artwork and consultant-approved off-white paint."
00:32:07.980 --> 00:32:12.060
I guess at "Haaaahvard" they
don't teach you thinks like,
00:32:12.060 --> 00:32:15.580
understanding your customer base,
understanding your business model,
00:32:15.580 --> 00:32:19.180
or having any sort of concept of
what your business is even for.
00:32:19.180 --> 00:32:23.340
Just make everything all the same.
That's good business somehow.
00:32:23.340 --> 00:32:28.380
So all of that makes Cracker Barrel
this week's Idiot Extraordinaire.
00:32:34.060 --> 00:32:39.980
Well, that wraps up this "We need no uncouth interloper
from the north" edition of the Bogosity Podcast.
00:32:39.980 --> 00:32:45.100
I hope you enjoyed it; if you did, please go to
donate.bogosity.tv for several ways to support,
00:32:45.100 --> 00:32:48.371
and discord.bogosity.tv
to join the discussion.
00:32:48.372 --> 00:32:53.660
Subscribe at the Discord, Patreon, or
SubscribeStar and you can listen early and ad-free.
00:32:53.660 --> 00:32:58.194
Thank you for listening. Remember: no podcast
next week, so we'll see you in September.
00:32:58.195 --> 00:33:01.180
Until then,
here's a quote from Milton Friedman:
00:33:01.180 --> 00:33:06.220
"Inflation is the one form of taxation that
can be imposed without legislation."
00:33:06.220 --> 00:33:10.460
The Bogosity Podcast is licensed under a Creative
Commons Attribution-NonCommercial-NoDerivatives
00:33:10.460 --> 00:33:12.905
4.0 International license.