WEBVTT
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The Bogosity Podcast,
early and ad-free!
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Become a subscriber at Patreon,
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Use the links at donate.bogosity.tv.
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Welcome to the Bogosity Podcast
for the week of January 18 2026,
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the podcast that turned
into a ballroom blitz.
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This is your host, Shane Killian.
Let's hebraize the News of the Bogus.
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Nice to know some people are still fighting the
horrible DMCA and its inhibiting effects on free speech!
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In this case, it's X Corp who has filed suit
against the National Music Publishers' Association
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as well as Sony, Universal,
and several other labels.
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The nub of this lawsuit is that
the DMCA ends up being used,
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not to deal with copyright infringement,
but for antitrust and unfair competition violations.
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X has been trying for three years to negotiate
with the publishers towards a settlement,
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but that never came to fruition, with X saying they
were using the DMCA as part of an extortion racket.
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Instead of making individual
deals with the platform,
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the music publishers and the NMPA colluded together to try
and force X to pay more than they otherwise would have,
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with NMPA President David Israelite
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threatening a large-scale program of DMCA notices that
would overwhelm X if they didn't agree to a partnership.
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X filed: "Rather than engage in a competitive process
and individually negotiate a license for their catalogs,
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the Music Publishers colluded through NMPA in
a concerted refusal to deal with X independently.
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The object of this scheme is to coerce X into taking
licenses to musical works from the industry as a whole,
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denying X the benefit of competition
between music publishers—
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a goal that is in keeping with NMPA President
and CEO David Israelite's admonition
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that the music-publishing industry
should work together 'to expand the pie,'
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and not turn on one another to try
and get a bigger piece of the pie."
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"As part of this conspiracy, Defendants
weaponized the DMCA against X,
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using the DMCA as a pretext
for their extortionate campaign.
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To coerce X into negotiating
licenses with all Music Publishers,
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Mr. Israelite emailed X on behalf of
all music publishers in October 2021
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and threatened that NMPA would soon launch a massive
program to inundate X with DMCA takedown notices
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on a scale larger than any
previous effort in DMCA history.
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That program, Mr. Israelite warned,
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would harm X by quickly turning many of X's
most popular users into repeat infringers,
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requiring X to deplatform them."
00:03:04.380 --> 00:03:09.980
X, then Twitter, refused to sign a deal,
so starting in December 2021,
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the NMPA began sending weekly notices
totaling some 200,000 posts over the first year.
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The campaign has resulted in the suspension
of more than 50,000 users. Quote:
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"The purportedly infringing content includes the same
kinds of content that NMPA's lawyers and executives—
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including Mr. Israelite—have
themselves reposted on X.
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This is unsurprising, given that NMPA's
takedown notices have targeted posts
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that are not subject to any
legitimate claim of infringement."
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In 2023,
the NMPA sued Twitter for $250 million,
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claiming that Twitter hadn't properly licensed
the music its users were posting to its platform
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and didn't adequately
respond to DMCA notices.
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The case was dismissed and the parties entered
into settlement talks, which ultimately failed.
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This isn't about, people should be
able to post infringing content to X.
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It's about who gets to set licensing
terms and how much X has to pay. Quote:
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"Mr. Israelite made clear that this harm could be avoided
by entering into industrywide licensing discussions.
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When X did not take NMPA up on licensing negotiations
on behalf of the music-publishing industry,
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NMPA and the Non-Majors
made good on their threat.
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Starting in December 2021, NMPA began bombarding X
with takedown notices virtually every single week
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related to thousands of posts that allegedly
infringed the Non-Majors' copyrights."
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Your reminder that bad-faith DMCA
notices are supposed to be perjury.
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Your additional reminder that, out of the many millions
of proven-fraudulent DMCA claims since the law was passed,
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there have been precisely zero
indictments for perjury arising from them.
00:05:03.260 --> 00:05:07.020
Quote: "Warner Chappell's
correspondence with X is telling.
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A Warner Chappell Senior Vice
President emailed X in March 2022—
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three months after NMPA
sent its first takedown notice.
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The SVP made plain that
Music Publishers—collectively—
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held a veto right over whatever licensing
agreement X might strike with record labels.
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When negotiations failed to materialize, the SVP emailed
in May 2022 and again leveraged NMPA's takedown scheme:
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'As I mentioned, we've chosen not to be involved
in any NMPA takedown activities to date
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as we have been hopeful that X would engage
with us as they develop their music strategy,
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but we are getting regular inquiries from senior
management about X's licensing status.'
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The SVP's email was clear: if X did not start
engaging with Warner Chappell quickly,
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Warner Chappell would
join the conspiracy—
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operating through NMPA to attempt to force X to
take industrywide musical composition licenses
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and burdening X with takedown notices
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until X accepted the extortionate proposal Mr. Israelite
had made on behalf of all music publishers."
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They also filed: "Not only have
NMPA's takedown notices claimed
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content similar to that posted by NMPA
executives and lawyers was infringing,
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but they have also forced X to remove posts
that are not subject to copyright protection
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by issuing takedown
notices as to such posts."
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And what they have is as
good as a confession, quote:
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"Although they are competitors, the
Music Publishers have joined together
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to exploit their combined monopoly power
to force X to make an all-or-nothing choice:
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either take licenses from all the Music
Publishers or else face a targeted attack—
00:06:54.439 --> 00:06:57.820
including on its most popular users.
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Defendants have admitted that this
is the purpose of their conspiracy.
00:07:02.140 --> 00:07:07.420
Speaking on behalf of NMPA and its
co-conspirators, Mr. Israelite told X
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that 'we are open to starting a conversation'
about musical composition licensing,
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just as Defendants had done with TikTok, Facebook,
Instagram, YouTube, Twitch, Roblox, and Snap.
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These companies, according to the Music Publishers,
'all pay fees' to every Music Publisher.
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If X was not willing to pay each Music Publisher,
the Music Publishers would target and harm X."
00:07:32.220 --> 00:07:35.980
Yeah, so, how are they
different from the Mafia?
00:07:35.980 --> 00:07:39.020
X is seeking damages and
a permanent injunction.
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If only Facebook, Snap, and the others had done
so long ago, maybe this wouldn't be an issue!
00:07:44.700 --> 00:07:50.677
But at least we have one that isn't just going
to be a lapdog for the big content cartels.
00:07:54.722 --> 00:07:58.860
Presenting: the greatest
game this side of Yuggoth!
00:07:58.860 --> 00:08:04.188
You are H.P. Lovecraft's
cat, and your name is Ni***
00:08:04.188 --> 00:08:06.900
...Right.
We can't say that on a podcast.
00:08:06.900 --> 00:08:10.460
Anyway, that's the point:
Your name is a joke.
00:08:10.460 --> 00:08:17.420
So now, you are out for revenge.
You become...the NecronomiCat!
00:08:17.420 --> 00:08:21.660
Using the Necronomicon,
you come to the present day to buy a gat.
00:08:21.660 --> 00:08:23.740
That's a gun. For a cat.
00:08:23.740 --> 00:08:25.500
It's a phat cat gat.
00:08:25.500 --> 00:08:30.460
But the Necronomicon is treacherous,
and it let in Lovecraft's monsters.
00:08:30.460 --> 00:08:34.140
Now, in a crumbling world,
you must fight!
00:08:34.140 --> 00:08:36.540
Build your team, buy guns and armor,
00:08:36.540 --> 00:08:41.100
buy items of dubious legality,
defeat the bosses of each level.
00:08:41.100 --> 00:08:44.460
Then take Lovecraft down!
00:08:44.460 --> 00:08:50.620
Play NecronomiCat!
The link is at cat.bogosity.tv.
00:08:50.620 --> 00:08:55.260
Yeah, we're doing cat.bogosity.tv,
not...that other one.
00:08:55.260 --> 00:08:57.789
What, you want me to get kicked
off the Internet or something?
00:09:02.940 --> 00:09:05.740
As we've said many
times on this podcast,
00:09:05.740 --> 00:09:12.700
one sure-fire way to tell if a regulation is bogus
is to see if politicians exempt themselves from it.
00:09:12.700 --> 00:09:16.460
There have been numerous cyberattacks
on the UK government recently,
00:09:16.460 --> 00:09:22.700
including a couple of high-profile ones in the Legal
Aid Agency attack and the Foreign Office Breach.
00:09:22.700 --> 00:09:29.660
So their new Cyber Security and Resilience Bill represents
a complete overhaul of cybersecurity regulation,
00:09:29.660 --> 00:09:33.820
amid increasing concerns due to
the proliferation of datacenters.
00:09:33.820 --> 00:09:40.460
The UK's National Cyber Security Centre says that
between September of 2020 and August of '21,
00:09:40.460 --> 00:09:44.140
40% of attacks were
against the public sector.
00:09:44.140 --> 00:09:50.060
So, then... why does the bill exempt
both central and local government?
00:09:50.060 --> 00:09:53.637
Oliver Dowden said in the House
of Commons this week, quote:
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"I would just urge the Minister, as this bill passes
through Parliament, to look again at that point,
00:09:59.260 --> 00:10:03.793
and I think there is a case for putting more
stringent requirements on the public sector
00:10:03.794 --> 00:10:07.260
in order to force Ministers'
minds on that point."
00:10:07.260 --> 00:10:11.820
The bill was introduced in the opening days
of Keir Starmer's term as Prime Minister,
00:10:11.820 --> 00:10:16.780
and not too long after that,
his email was hacked by the Russians.
00:10:16.780 --> 00:10:20.327
Minister of State Ian Murray
thanked Dowden for his comments
00:10:20.328 --> 00:10:27.900
and said that the Government Cyber Action Plan would
hold government departments to equal security standards.
00:10:27.900 --> 00:10:32.060
Just, you know,
not in any way legally enforceable.
00:10:32.060 --> 00:10:33.740
Dowden said, quote:
00:10:33.740 --> 00:10:40.128
"I would caution him that, in my experience, cybersecurity
is one of those things that Ministers talk about
00:10:40.129 --> 00:10:42.460
but then other
priorities overtake it.
00:10:42.460 --> 00:10:47.580
And the advantage of legislative requirements
is that it forces Ministers to think about it.
00:10:47.580 --> 00:10:51.340
I do think that more pressure needs
to be brought to bear on Ministers
00:10:51.340 --> 00:10:54.220
in terms of their accountability
for cybersecurity.
00:10:54.220 --> 00:10:57.820
I fear that if we don't put
this into primary legislation,
00:10:57.820 --> 00:11:02.220
it's something that can slip further
and further down Ministers' in-trays."
00:11:02.220 --> 00:11:05.820
A year ago, the National Audit
Office published a report
00:11:05.820 --> 00:11:11.500
that showed a litany of security flaws against the 58
governmental department systems they reviewed,
00:11:11.500 --> 00:11:17.020
and noted that the problems were being
addressed at a staggeringly slow pace.
00:11:17.020 --> 00:11:23.553
That doesn't sound to me like people who can placate
the public by saying, "We'll do it, just trust us."
00:11:29.340 --> 00:11:31.740
If you're on the Wi-Fi in
a coffee shop or hotel,
00:11:31.740 --> 00:11:34.060
anyone on that network can
get access to your traffic.
00:11:34.060 --> 00:11:36.380
Do you really trust all
of those strangers?
00:11:36.380 --> 00:11:39.260
For that matter,
do you really trust your ISP?
00:11:39.260 --> 00:11:45.340
A VPN can protect you from prying eyes, disguise
your location, and even foil government censors.
00:11:45.340 --> 00:11:51.980
It's essential in this day and age, so go to
vpn.bogosity.tv and you'll be taken to BoxPN.
00:11:51.980 --> 00:11:53.900
Starting at just $2.99/month,
00:11:53.900 --> 00:11:58.380
you can get unlimited high-speed connections
to VPN servers all over the world,
00:11:58.380 --> 00:12:01.980
and they don't log connections
so your privacy is assured.
00:12:01.980 --> 00:12:07.100
Travelling abroad, just VPN home and don't worry
about what those other governments are doing.
00:12:07.100 --> 00:12:09.980
Back at home,
stop your ISP from traffic-shaping
00:12:09.980 --> 00:12:13.980
and messing with the quality internet
access you're paying good money for.
00:12:13.980 --> 00:12:17.740
You can connect from multiple machines at once,
including your smartphone or tablet,
00:12:17.740 --> 00:12:22.700
and it supports all the secure standards
including OpenVPN and SSTP.
00:12:22.700 --> 00:12:29.366
Bypass censors and surveillance with your own
secure VPN connection. Go to vpn.bogosity.tv.
00:12:35.580 --> 00:12:38.940
So, good news: the Fourth
Amendment is still a thing.
00:12:38.940 --> 00:12:41.918
One of the big threats to the
people lately has been the fact that
00:12:41.919 --> 00:12:45.100
police can claim that they think
there's an emergency in your home,
00:12:45.100 --> 00:12:51.820
burst in without a warrant, and then search whatever
they want and arrest you on whatever crap they can find.
00:12:51.820 --> 00:12:56.877
The basic principle holds, and the court
unanimously agreed that the police can, quote:
00:12:56.877 --> 00:13:00.620
"enter a home without a warrant
if they have an objectively reasonable
00:13:00.620 --> 00:13:05.020
basis for believing that someone
inside needs emergency assistance."
00:13:05.020 --> 00:13:09.660
But that doesn't make it a fishing expedition
that allows them to do whatever they want.
00:13:09.660 --> 00:13:13.180
They ruled: "We repeat today
what we have held before:
00:13:13.180 --> 00:13:18.597
An officer may enter a home without a warrant
if he has an objectively reasonable basis
00:13:18.597 --> 00:13:24.140
for believing that an occupant is seriously
injured or imminently threatened with such injury.
00:13:24.140 --> 00:13:27.020
The officers' entry
satisfied that test.
00:13:27.020 --> 00:13:34.300
Accordingly, we affirm the judgment (even though not
all the reasoning) of the Montana Supreme Court."
00:13:34.300 --> 00:13:37.820
Justice Kagan's majority
opinion didn't really go into why,
00:13:37.820 --> 00:13:44.064
so thankfully we have Gorsuch's short-but-
sweet concurrence to clarify things. Quote:
00:13:44.064 --> 00:13:47.100
"But to me,
a question lingers: Why?
00:13:47.100 --> 00:13:52.211
Does the Fourth Amendment tolerate this limited
emergency aid exception to the warrant requirement
00:13:52.212 --> 00:13:58.300
just because five or more Justices of this Court
happen to believe that such entries are reasonable?
00:13:58.300 --> 00:14:01.580
Or is this exception more
directly tied to the law?
00:14:01.580 --> 00:14:06.300
The answer, I believe, is the latter. From
before the founding through the present day,
00:14:06.300 --> 00:14:11.589
the common law has generally permitted a private
citizen to enter another's house and property
00:14:11.590 --> 00:14:14.460
in order to avert
serious physical harm.
00:14:14.460 --> 00:14:18.780
In those circumstances, and many
others, courts have historically held
00:14:18.780 --> 00:14:23.020
that property rights give way
to concern for human safety."
00:14:23.020 --> 00:14:28.620
That's the key point: a private citizen
can do it, so a police officer can.
00:14:28.620 --> 00:14:35.020
The obvious next logical step is: an officer
therefore cannot do anything that a private citizen
00:14:35.020 --> 00:14:41.100
wouldn't be allowed to do in that scenario. In
such a case, probable cause would be required.
00:14:41.100 --> 00:14:47.740
Quote: "So, for example, a private citizen who enters a
home to render emergency aid lacks license to do so in
00:14:47.740 --> 00:14:53.180
a manner which a reasonable man would not regard
as necessary to address the apparent emergency.
00:14:53.180 --> 00:14:58.540
Today's decision echoes both the common-law
emergency aid rule and its limitations.
00:14:58.540 --> 00:15:03.580
It does so, to be sure, in the context of a law
enforcement officer, not a private citizen,
00:15:03.580 --> 00:15:05.580
who sought to enter another's home.
00:15:05.580 --> 00:15:08.700
But on this point as well the
common law has spoken,
00:15:08.700 --> 00:15:14.380
long providing that officers generally enjoy
the same legal privileges as private citizens.
00:15:14.380 --> 00:15:17.500
And, reflecting the
common law here again,
00:15:17.500 --> 00:15:22.655
this Court has held that the Fourth Amendment
usually permits officers lacking a valid warrant
00:15:22.655 --> 00:15:27.580
to take actions that any private citizen
might do without fear of liability."
00:15:27.580 --> 00:15:31.024
Which doesn't in any way give them carte blanche,
quote:
00:15:31.024 --> 00:15:35.935
"For a period, to be sure, the miasma
created by this Court's Katz era
00:15:35.936 --> 00:15:40.336
led some to think the scope of the rights
guaranteed by the Fourth Amendment
00:15:40.337 --> 00:15:46.220
depend on nothing more than current judicial
instincts about reasonable expectations of privacy.
00:15:46.220 --> 00:15:53.500
But that confusion cannot last forever, for no one should
think the rights of Americans hang on so thin a thread.
00:15:53.500 --> 00:15:59.980
Instead, and as Justice Story recognized, the
Fourth Amendment is made of sturdier stuff."
00:15:59.980 --> 00:16:02.220
He also clarified in a footnote:
00:16:02.220 --> 00:16:06.300
"King v. Coate does not establish that
the common law demanded an exacting
00:16:06.300 --> 00:16:10.060
showing of actual necessity
to defeat a claim for trespass.
00:16:10.060 --> 00:16:17.740
Coate involved an effort to involuntarily confine a person
in a madhouse for two months, not a claim over a home entry.
00:16:17.740 --> 00:16:22.028
And it is hardly surprising that the common
law would demand a good deal more
00:16:22.028 --> 00:16:25.407
to justify a serious
deprivation of liberty
00:16:25.408 --> 00:16:30.860
than to excuse an invasion of property
rights aimed at protecting human safety."
00:16:30.860 --> 00:16:32.860
Here's something we need to consider:
00:16:32.860 --> 00:16:38.460
that the court's laxity about warrantless
surveillance needs to be reconsidered in this light.
00:16:38.460 --> 00:16:41.104
The standard of "objective
reasonableness"
00:16:41.105 --> 00:16:46.620
cannot be "just because five or more
Justices of this Court happen to believe" so.
00:16:46.620 --> 00:16:50.687
This is leading some legal circles
to speculate that it may be time
00:16:50.688 --> 00:16:54.780
to take another swing at challenging
warrantless surveillance.
00:16:54.780 --> 00:16:58.665
Twice, Gorsuch referenced
Carpenter v. United States,
00:16:58.666 --> 00:17:00.889
the case we covered back in 2018
00:17:00.890 --> 00:17:07.340
that says the government must obtain a warrant to access
cell site location information from phone providers.
00:17:07.340 --> 00:17:14.620
We can also see a bit of that in Sotomayor's concurrence,
which as per her usual is more wordy and less intelligent.
00:17:14.620 --> 00:17:17.980
Quote: "That conclusion,
on the facts of this case,
00:17:17.980 --> 00:17:23.696
does not mean it will always be objectively reasonable
for officers responding to a mental-health crisis
00:17:23.697 --> 00:17:25.580
to make a warrantless entry.
00:17:25.580 --> 00:17:28.647
A different mix of information
might have led to the conclusion
00:17:28.648 --> 00:17:32.670
that the officers' entry itself would
put the occupant (and officers)
00:17:32.671 --> 00:17:36.140
at a greater risk of escalation
and serious injury."
00:17:36.140 --> 00:17:38.717
And as she pointed out
in a footnote, quote:
00:17:38.717 --> 00:17:42.806
"Case has not challenged the reasonableness
of the officers' manner of entry
00:17:42.807 --> 00:17:45.820
or their conduct inside
his house after entry.
00:17:45.820 --> 00:17:54.300
As a result, neither the decision below nor this Court had
occasion to consider the reasonableness of that conduct."
00:17:54.300 --> 00:17:59.922
In short: Police (like a private citizen) can
enter a person's home without permission
00:17:59.922 --> 00:18:02.940
if they believe that emergency
assistance is needed,
00:18:02.940 --> 00:18:07.664
and their only activities are
directly tied to that assistance.
00:18:07.664 --> 00:18:12.220
No evidence collected as a
result is permissible in court.
00:18:12.220 --> 00:18:16.331
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It would have been $500 to get
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Once again,
that's firmoo.bogosity.tv.
00:19:31.020 --> 00:19:36.300
And now it's time to hyperpolarize
this week's Biggest Bogon Emitter.
00:19:36.300 --> 00:19:40.780
And this week, it goes to the Waltham Community
Access Corporation in Massachusetts,
00:19:40.780 --> 00:19:46.300
or WCAC, for having to be
taught a lesson in basic fair use.
00:19:46.300 --> 00:19:50.589
They're a creation of and funded
by the Waltham city government
00:19:50.590 --> 00:19:55.180
and broadcast public and government
channels, including city council meetings.
00:19:55.180 --> 00:20:00.060
They're also notorious for portraying
city officials in a positive light.
00:20:00.060 --> 00:20:06.380
Channel 781 news is a competitor, providing an
alternative, critical view of the city government.
00:20:06.380 --> 00:20:14.829
According to Mitch Stolz, the EFF's IP Litigation
Director, WCAC sent a series of bogus DMCA takedown notices
00:20:14.830 --> 00:20:21.260
which led to YouTube shutting off their channel
just days before a critical municipal election.
00:20:21.260 --> 00:20:26.807
So Channel 781, represented
by the EFF, sued WCAC.
00:20:26.808 --> 00:20:31.820
The broadcast was a government meeting
that was absolutely in the public domain,
00:20:31.820 --> 00:20:36.140
and that had no creative
input from anyone at WCAC.
00:20:36.140 --> 00:20:40.341
Stolz wrote: "The DMCA gives
copyright holders a powerful tool
00:20:40.341 --> 00:20:43.740
to take down other people's
content from platforms like YouTube.
00:20:43.740 --> 00:20:48.620
The 'notice and takedown' process requires
only an email, or filling out a web form,
00:20:48.620 --> 00:20:53.500
in order to accuse another user of copyright
infringement and have their content taken down.
00:20:53.500 --> 00:20:57.580
And multiple notices typically lead to
the target's account being suspended,
00:20:57.580 --> 00:21:01.260
because doing so helps
the platform avoid liability.
00:21:01.260 --> 00:21:09.420
There's no court or referee involved, so anyone can bring
an accusation and get a nearly instantaneous takedown."
00:21:09.420 --> 00:21:15.300
And your reminder that filing a counter-notice
requires you to give your private information,
00:21:15.300 --> 00:21:19.877
including name and address, to the
person who filed the takedown notice.
00:21:19.877 --> 00:21:26.380
WCAC forced the channel offline because they didn't
like their coverage of city council meetings.
00:21:26.380 --> 00:21:33.340
Your reminder as well that this isn't abuse of
the DMCA; this is exactly the reason for it!
00:21:33.340 --> 00:21:37.100
Quote: "WCAC claims
they considered fair use,
00:21:37.100 --> 00:21:41.180
because a staff member watched a
video about it and discussed it internally.
00:21:41.180 --> 00:21:45.340
But WCAC ignored three
of the four fair use factors.
00:21:45.340 --> 00:21:51.580
WCAC ignored that their videos had no creativity,
being nothing more than records of public meetings.
00:21:51.580 --> 00:21:57.580
They ignored that the clips were short, generally
including one or two officials' comments on a single issue.
00:21:57.580 --> 00:22:04.460
They ignored that the clips caused WCAC no
monetary or other harm, beyond wounded pride.
00:22:04.460 --> 00:22:09.900
And they ignored facts they already knew, and
that are central to the remaining fair use factor:
00:22:09.900 --> 00:22:13.104
by excerpting and posting
the clips with new titles,
00:22:13.105 --> 00:22:19.083
Channel 781 was putting its own 'spin' on
the material—in other words, transforming it.
00:22:19.084 --> 00:22:22.220
All of these facts support fair use."
00:22:22.220 --> 00:22:25.217
In their motion for summary
judgement, they filed:
00:22:25.217 --> 00:22:32.220
"To be sure, the media professionals at WCAC were
capable of assessing fair use, had they chosen to do so.
00:22:32.220 --> 00:22:37.580
Instead, irritated that Channel 781 did
not seek advance permission for its work,
00:22:37.580 --> 00:22:41.931
WCAC chose to disregard
three of the four fair use factors
00:22:41.931 --> 00:22:45.980
and ignore facts that would have
been central to any good faith inquiry.
00:22:45.980 --> 00:22:50.220
WCAC knew that its ministerial video
recordings of government meetings
00:22:50.220 --> 00:22:54.140
fulfilled a government function
delegated to them by the city,
00:22:54.140 --> 00:23:00.624
and that the recordings contained vanishingly
little creative input by WCAC, if any.
00:23:00.624 --> 00:23:05.202
WCAC knew that by excerpting carefully
selected clips from those recordings
00:23:05.203 --> 00:23:08.538
and posting them to its YouTube
channel for a different audience,
00:23:08.540 --> 00:23:12.460
Channel 781 was transforming
their meaning and message.
00:23:12.460 --> 00:23:17.607
And perhaps most importantly, WCAC
knew that Channel 781's posts
00:23:17.608 --> 00:23:24.674
did not and would not harm any licensing
market or other financial incentive of WCAC."
00:23:24.674 --> 00:23:31.740
"Disregarding these and other facts, WCAC staff
cherry-picked a single component of the fair use inquiry
00:23:31.740 --> 00:23:36.651
that they thought supported their goal
of taking down Channel 781's posts—
00:23:36.651 --> 00:23:42.540
that the clips at issue contained only excerpts of
the meeting videos without additional content."
00:23:42.540 --> 00:23:46.700
Channel 781 is non-commercial,
but it shouldn't matter if it were!
00:23:46.700 --> 00:23:52.700
These are city council meetings whose
contents should be freely available to everyone!
00:23:52.700 --> 00:23:58.300
One of the controversies was over a meeting
where WCAC Executive Director Maria Sheehan
00:23:58.300 --> 00:24:02.780
was asked why WCAC didn't provide
captions for the hearing impaired.
00:24:02.780 --> 00:24:07.500
She responded that they weren't required
to do so and no one had requested them.
00:24:07.500 --> 00:24:09.477
At that same meeting, quote:
00:24:09.477 --> 00:24:14.540
"The discussion then turned to Channel 781's
use of WCAC's government-meeting clips.
00:24:14.540 --> 00:24:17.966
Sheehan told Kastorf that 'the
problem with what you're doing
00:24:17.967 --> 00:24:23.654
is that you're not just using these clips to
inform people—you're putting your spin on them.'
00:24:23.654 --> 00:24:29.260
Sheehan said she would consult WCAC's board about
creating a new policy on clip usage,
00:24:29.260 --> 00:24:34.620
under which Channel 781 would need to
request permission for each individual clip.
00:24:34.620 --> 00:24:39.740
WCAC subsequently created a draft
of such a policy but never published it.
00:24:39.740 --> 00:24:44.780
Kastorf explained that, while requesting
permission might be standard industry courtesy,
00:24:44.780 --> 00:24:49.669
fair use under copyright law allowed
Channel 781 to use short clips
00:24:49.670 --> 00:24:52.700
for commentary and
public-interest reporting."
00:24:52.700 --> 00:24:56.940
Actually, since it's a government proceeding,
they should be allowed to use the whole thing!
00:24:56.940 --> 00:25:00.300
This isn't the sort of
thing you can copyright!
00:25:00.300 --> 00:25:05.180
News Director Chris Wangler, quote:
"asserted that the clips 'merely copy',
00:25:05.180 --> 00:25:10.060
a lot of it is used without permission,
and the main focus is the copywritten material.
00:25:10.060 --> 00:25:14.304
He concluded that 'Those will be the ones
we should file copyright claims against.'
00:25:14.304 --> 00:25:19.615
Sheehan agreed with Wangler's recommendation
and informed Board President Justin Barrett
00:25:19.616 --> 00:25:23.414
that WCAC would move
forward with takedown notices."
00:25:23.416 --> 00:25:29.660
There is no possible way this is in any
way resembling a good faith belief!
00:25:29.660 --> 00:25:34.540
They should know that this sort of thing
can't and shouldn't be copyrighted!
00:25:34.540 --> 00:25:38.060
They're just trying to
silence dissenting voices.
00:25:38.060 --> 00:25:47.500
Which, again, isn't really an abuse of the DMCA because
it's the whole reason it exists! Copyright is just a cover.
00:25:47.500 --> 00:25:52.940
Once again, under the DMCA,
WCAC committed perjury.
00:25:52.940 --> 00:25:57.740
Who wants to bet they'll never,
ever be prosecuted for it?
00:25:57.740 --> 00:26:01.962
So all of that makes WCAC this
week's Biggest Bogon Emitter.
00:26:14.620 --> 00:26:23.260
And now let's mischaracteristicalizationify
this week's Idiot Extraordinaire.
00:26:25.620 --> 00:26:29.353
Ugh. RFK Jr. again.
00:26:29.354 --> 00:26:32.331
About autism, again.
00:26:32.331 --> 00:26:35.180
He's been a grifter about this for a long time,
00:26:35.180 --> 00:26:40.700
touting one bogus therapy after another
that supposedly treats autism but doesn't,
00:26:40.700 --> 00:26:45.020
and is actually more likely
to cause them severe harm.
00:26:45.020 --> 00:26:50.620
The FDA used to have a page warning
about these, until RFK took it down.
00:26:50.620 --> 00:26:57.100
For example, chelation therapy, which is a treatment
for heavy metal poisoning such as lead or arsenic.
00:26:57.100 --> 00:27:03.340
Chelating agents bind to these heavy metals
allowing them to be excreted through urine or bile.
00:27:03.340 --> 00:27:09.740
It can be very risky, placing extreme stress on
the kidneys which could result in renal failure,
00:27:09.740 --> 00:27:14.380
disrupt the balance of electrolytes,
and gastrointestinal issues.
00:27:14.380 --> 00:27:20.940
It can also get rid of a lot of important minerals as well
as the heavy metals, leading to all sorts of problems.
00:27:20.940 --> 00:27:26.496
Chelation therapy should only be done under
the supervision of qualified professionals
00:27:26.497 --> 00:27:29.500
and after a proper medical profile.
00:27:29.500 --> 00:27:35.820
Seriously, this should only be considered if the
consequences are bad enough that it outweighs the risks!
00:27:35.820 --> 00:27:41.180
Chelating anyone—especially a
child—for something like autism,
00:27:41.180 --> 00:27:44.220
which it has basically
zero chance of affecting,
00:27:44.220 --> 00:27:49.100
is irresponsible
bordering on insane!
00:27:49.100 --> 00:27:55.340
There's hyperbaric oxygen therapy, which is used
to treat decompression sickness suffered by divers.
00:27:55.340 --> 00:27:59.526
Again, no help to autistics,
and has risks of its own.
00:27:59.526 --> 00:28:05.980
Especially when it's used by ignorant flim-flam
artists who don't know what they're doing!
00:28:05.980 --> 00:28:12.060
In fact, a year ago, a 5-year-old boy was
killed by a so-called "wellness center"
00:28:12.060 --> 00:28:15.624
who put him in a hyperbaric
chamber to treat his autism.
00:28:15.624 --> 00:28:21.100
One spark later,
the chamber exploded and burned him alive.
00:28:21.100 --> 00:28:26.060
Four people were charged with homicide
for disregarding basic safety measures,
00:28:26.060 --> 00:28:31.660
like, using polyester sheets and pyjamas which
created the spark that caused the ignition.
00:28:31.660 --> 00:28:39.740
Remember that autism is a genetic disorder that causes the
brain to be fundamentally structured in a different way.
00:28:39.740 --> 00:28:45.100
None of these products—nor anything else
in existence—can restructure the brain,
00:28:45.100 --> 00:28:47.740
although a lot of them can damage it!
00:28:47.740 --> 00:28:53.660
A lot of this is related to the anti-vaxxer
nonsense such as blaming thimerosal in vaccines.
00:28:53.660 --> 00:28:57.420
Thimerosal has trace but harmless
amounts of ethylmercury,
00:28:57.420 --> 00:29:01.580
which the body processes
and gets rid of in 24 hours.
00:29:01.580 --> 00:29:05.980
Oh, but it has mercury,
so something something chelation!
00:29:05.980 --> 00:29:11.660
Again, thimerosal was removed from all
childhood vaccines over 20 years ago,
00:29:11.660 --> 00:29:16.060
with no affect whatsoever
on autism rates.
00:29:16.060 --> 00:29:18.540
But, of course,
they pivoted to aluminum.
00:29:18.540 --> 00:29:23.420
Even though aluminum isn't a heavy metal
and the aluminum in vaccines is a salt!
00:29:23.420 --> 00:29:26.940
Generally either aluminum
hydroxide or aluminum phosphate.
00:29:26.940 --> 00:29:31.980
Aluminum salt is an adjuvant, which boosts
the body's immune response to a vaccine,
00:29:31.980 --> 00:29:37.500
meaning you don't need as big a dose to get
the job done. You'd think that'd be a good thing!
00:29:37.500 --> 00:29:42.700
By the way, other things with aluminum
salts: every single thing you eat and drink!
00:29:42.700 --> 00:29:45.980
They're naturally present
in soil and groundwater!
00:29:45.980 --> 00:29:52.940
Children will get far more aluminum salt from
breast milk than they will from vaccines!
00:29:52.940 --> 00:29:56.220
One of the hucksters
Kennedy hired is David Geier,
00:29:56.220 --> 00:30:00.620
who was disciplined by the Maryland
State Board of Physicians in 2011 for,
00:30:00.620 --> 00:30:04.553
among other things, putting the
health of autistic children at risk
00:30:04.553 --> 00:30:09.580
by treating them with unproven and
dangerous hormone and chelation therapies.
00:30:09.580 --> 00:30:13.491
He was also fined for practicing
medicine without a license.
00:30:13.491 --> 00:30:18.620
But, I guess once you're in government,
you can do that all you want!
00:30:18.620 --> 00:30:24.700
Other fake autism treatments include
detoxifying clay baths that don't detox anything,
00:30:24.700 --> 00:30:30.460
raw camel milk (random),
chlorine dioxide, and essential oils.
00:30:30.460 --> 00:30:34.140
For all his complaints about the
profit-mongering of Big Pharma,
00:30:34.140 --> 00:30:41.740
Kennedy and his cronies have made millions promoting
these unproven and dangerous products and treatments.
00:30:41.740 --> 00:30:44.140
Here's a good way to see
if someone is sensible:
00:30:44.140 --> 00:30:51.260
if they're against both RFK Jr. and Anthony
Fauci having anything to do with public health!
00:30:51.260 --> 00:30:57.020
Because if you think either is good and
the other bad, you're part of the problem.
00:30:57.020 --> 00:31:04.064
So all of that makes RFK Jr.
this week's Idiot Extraordinaire.
00:31:08.380 --> 00:31:13.224
Well, that wraps up this "I haven't felt this
awful since we saw that Ronald Reagan film"
00:31:13.225 --> 00:31:15.180
edition of the Bogosity Podcast.
00:31:15.180 --> 00:31:20.620
I hope you enjoyed it; if you did, please go to
donate.bogosity.tv for several ways to support,
00:31:20.620 --> 00:31:23.980
and discord.bogosity.tv
to join the discussion.
00:31:23.980 --> 00:31:28.940
Subscribe at the Discord, Patreon, or
SubscribeStar and you can listen early and ad-free.
00:31:28.940 --> 00:31:33.180
Thank you for listening. Until next time,
here's a quote from Christopher Hitchens:
00:31:33.180 --> 00:31:40.620
"Human beings are pattern-seeking animals who will prefer
even a bad theory or a conspiracy theory to no theory at all."
00:31:40.620 --> 00:31:44.860
The Bogosity Podcast is licensed under a Creative
Commons Attribution-NonCommercial-NoDerivatives
00:31:44.860 --> 00:31:47.290
4.0 International license.