﻿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 February 8 2026,

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the podcast that
triggers the silent alarm.

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This is your host, Shane Killian. Let's
etherize the News of the Bogus.

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So lots of people are triggered
by the big news from Tesla.

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And this one's getting pushback from
both Tesla fans <i>and</i> Tesla haters!

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Tesla has discontinued
Autopilot in the US.

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It has also discontinued sales of Full
Self Driving, which went for $8,000.

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FSD is now only available as a
subscription for $99 a month.

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Autopilot was the older technology,
designed for use on highways,

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which could keep the car in its lane as well as keep
its speed and distance from the car ahead of it.

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Instead, new Teslas in the US only
come with Traffic-Aware Cruise Control,

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which is basically Autopilot
without the lanekeeping.

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Autopilot is still available
outside the US,

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as well as an Enhanced Autopilot which
includes lane-switching and navigation.

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Elon Musk posted to X:

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"I should also mention that the $99/month for
supervised FSD will rise as FSD's capabilities improve.

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The massive value jump is when you can be on your phone
or sleeping for the entire ride (unsupervised FSD)."

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And that's how outlets like <i>Mashable</i>
get all triggered and say, quote:

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"The move is likely another desperate Tesla
effort to push customers to purchase FSD.

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But it's a very costly change for users who
want Autosteer and don't really care about FSD

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(which is still beta software and does not offer autonomous
driving, despite Musk having promised it for years),

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as they now have to pay $99
per month to get this feature."

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Regular listeners of this podcast should have
already guessed by now what the <i>real</i> reason is.

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Have <i>you</i> guessed it by
now? Keep listening...

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<i>Mashable</i> also said, quote:

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"It's worth noting that Tesla also offers Enhanced
Autopilot in some countries outside of the U.S."

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Oh, does it now? How interesting.
And why might that be?

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Podcast listeners
know the real reason!

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Yeah, I'm gonna tease it a bit more; bear with me as I
finish making fun of <i>Mashable</i> and get into <i>The New York Post.</i>

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They called their article: "Elon Musk's Tesla
pulls plug on Autopilot system—here's why."

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And the reason? As we covered on the previous
podcast, literally the last one before this one,

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the California DMV put Tesla on a 60-day deadline to
get rid of Autopilot, which they said is misleading,

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or face a 30-day suspension
of its retail sales license.

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They said it was misleading because drivers could not
let the car drive autonomously without their input,

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even though that's <i>never</i> what the word
autopilot meant, in aviation or anywhere else.

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Unless, of course, they're getting their
information from the movie <i>Airplane!</i>

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Seems like <i>The New York Post</i>
is the only one that gets it!

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Funny how all the Tesla haters made fun of the company
since that happened— and then promptly forgot all about it!

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Anyway, this is another way that government—
especially leftist ones like California—

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really love screwing up the ability of
people and companies to do business.

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This is all California's fault. I
don't see any way around that.

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Especially when you consider that the Autopilot feature
will continue on cars that have previously been sold.

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If it were really Tesla taking a feature
away just to profit from FSD subscriptions,

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they would have removed it from all of their vehicles,
which they could do with a simple software update.

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Why didn't they? Because California
didn't order them to. Simple as that.

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Fortunately, the state DMV can only regulate sales,
not subscriptions, so FSD is at least still available.

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It's clear they wanted Tesla to remove it
completely, but they just don't have the authority.

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We'll see what happens on the 14th,
which is the last day Tesla has to appeal—

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and, not coincidentally, the last day
you'll be able to purchase FSD.

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Somehow, I have the feeling
this is just the beginning.

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Presenting: the greatest
game this side of Yuggoth!

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You are H.P. Lovecraft's
cat, and your name is Ni***

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...Right. We can't say
that on a podcast.

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Anyway, that's the point:
Your name is a joke.

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So now, you are out for revenge.
You become...the NecronomiCat!

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Using the Necronomicon, you come
to the present day to buy a gat.

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That's a gun. For a cat.

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It's a phat cat gat.

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But the Necronomicon is treacherous,
and it let in Lovecraft's monsters.

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Now, in a crumbling
world, you must fight!

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Build your team, buy guns and armor,

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buy items of dubious legality,
defeat the bosses of each level.

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Then take Lovecraft down!

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Play NecronomiCat! The
link is at cat.bogosity.tv.

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Yeah, we're doing cat.bogosity.tv,
not...that other one.

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What, you want me to get kicked
off the Internet or something?

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One of the reasons why I never bought into the net neutrality
movement was the things they weren't very neutral on.

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VPNs were one of them.

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It really seems like it was all a smokescreen
for government regulation of the Internet,

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and of course copyright is
a big enemy of liberty here.

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We've talked before about the Anne
Frank diary and how it's reprehensible

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that it was ever copyrighted
<i>at all,</i> let alone 81 years later!

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Even in terrible countries, works become PD
after 70 years after the death of the author.

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Since Anne Frank died in the Bergen-Belsen concentration
camp in 1945, the diary should have become PD in 2016.

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But a year before that happened, the Anne Frank
Fonds, a Swiss foundation who owns the copyright

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having been bequeathed to them
after her father Otto Frank had died,

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announced that since Otto had edited the entries
and reshaping them into a, quote: "kind of collage,"

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he was a co-author, and since he died in
1980, they'll keep the copyright until 2050!

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Despite the fact that, up until that point, they
had Anne Frank listed as the sole author.

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As if that weren't bad enough, they also
listed Mirjam Pressler as a co-editor,

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and since she died in 2019, the diary
will remain copyrighted until 2089!

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144 years after Anne Frank wrote it!

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Unless, of course, they can
come up with <i>another</i> co-editor!

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But the Dutch Anne Frank
Foundation doesn't like that.

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We're with them, by the way.

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So they posted a scholarly edition of
her diary using geoblocking techniques,

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wherein visitors from the Netherlands
are given the following notice:

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"We're sorry... Unfortunately, this
site is not available in your country.

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The scholarly edition of the Anne Frank manuscripts
cannot be made available in all countries,

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due to copyright considerations.

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The edition is published online by the Association
for Research and Access to Historical Texts."

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That's in Belgium, one of the countries
where the diary is public domain.

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By the way, if you're wondering if the diary is PD in the
US, well... I couldn't get a definitive answer on that.

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Copyright law is just way
to vague and confusing,

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which in any proper system of justice
would make the whole thing void!

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But the site is <i>not</i> available in the US.
Browse there and you'll see the notice.

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But it remains available
in PD countries.

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But boy, did that piss
off Anne Frank Fonds!

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They sued, saying that since VPNs are
a thing, people can bypass the block,

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and if a block isn't 100% bypass-proof, the
content shouldn't be made available to <i>anyone.</i>

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The Dutch lower court dismissed
it, as did the appeals court.

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So now, the case is before
the Dutch Supreme Court.

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This is about more than the
copyright status of the diary.

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This is about the legality of VPNs and
what you and I are allowed to do online.

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Basically, if this goes the wrong way,

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no matter how legal it is for you and me to
do something in our own countries online,

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if it's illegal <i>anywhere,</i> we
should be blocked from it!

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The Dutch Supreme Court has referred three
questions up to the EU's Court of Justice:

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1. Must the Copyright Directive be interpreted in such
a way that a publication of a work on the internet

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can only be regarded as a communication
to the public in a certain country

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if the publication is directed
to the public in that country?

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2. Can there be a communication to the public in
a certain country if, by means of geo-blocking,

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it has been ensured that the website
on which the work is published

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can only be accessed by
circumventing the blocking measure

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with the help of a VPN
or similar service?

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3. If the possibility of circumventing
the blocking measure

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means that the work published on the
internet is communicated to the public,

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is that communication then made by the
person who published the work on the internet,

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even though the intervention of the provider
of the VPN or similar service in question

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is required for taking cognizance
of that communication?

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Now, the Advocate General of the Court
of Justice has published an opinion

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showing that he's probably the
only sane person in the room.

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There is no such thing as a protection
that can never be broken or bypassed.

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That in and of itself shouldn't
mean that a publisher is liable.

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He pointed out, quote: "geo-blocking is
one of the digital rights management

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instruments designed to protect copyright,
which are themselves protected by EU law.

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In particular, the
Court has held that,

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by adopting technical measures against the framing
of a protected work made available on the internet,

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the copyright holder limits the circle of
persons to whom the work is communicated

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to the users of the website where
it was originally made available."

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Wow, consistency! How often
have we seen <i>that</i> in the EU?

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Quote: "The fact that users manage to
circumvent a geo-blocking measure

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put in place to restrict access to a
protected work does not, in itself,

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mean that the entity that put the geo-blocking
in place communicates that work to the public

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in a territory where access to
it is supposed to be blocked.

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Such an interpretation would make it impossible to
manage copyright on the internet on a territorial basis

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and would mean that any communication to
the public on the internet would be global."

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And he had to deal with some
arguments that were pretty zany, quote:

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"I am unconvinced by the arguments put forward
by the applicant in the main proceedings.

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First, the fact that <i>the
website is in Dutch</i>

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is not, in itself, an indication of the intention
to address the public of the Netherlands,

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since it is the original language of Anne
Frank's diary (and not a translation)."

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More importantly, since VPNs are service providers,
they should have conduit protections. Quote:

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"While VPN service providers
act as intermediaries,

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their intervention does not involve the communication
of copyrighted works, but is limited to Internet access.

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Indeed, VPN services are legally
accessible technical services

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which users may, however,
use for unlawful purposes.

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The mere fact that those or similar
services may be used for such purposes

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is not sufficient to establish that the service providers
themselves communicate the protected work to the public."

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Of course, this isn't binding, but he is
their Advocate General for a reason.

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But if they go the other way, if the mere
possibility of getting around a block is infringing,

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then basically every
gaming and streaming site,

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as well as any site that has to use geoblocking,
including YouTube, would be affected.

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And even worse, if VPNs were
liable for the actions of their users,

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then basic privacy protections
online would be destroyed.

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Here's hoping the EU makes
the right decision for once.

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If you're on the Wi-Fi in
a coffee shop or hotel,

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anyone on that network can
get access to your traffic.

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Do you <i>really</i> trust all
of those strangers?

00:13:21.340 --> 00:13:24.220
For that matter, do you
<i>really</i> trust your ISP?

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A VPN can protect you from prying eyes, disguise
your location, and even foil government censors.

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It's essential in this day and age, so go to
vpn.bogosity.tv and you'll be taken to BoxPN.

00:13:36.940 --> 00:13:38.860
Starting at just $2.99/month,

00:13:38.860 --> 00:13:43.420
you can get unlimited high-speed connections
to VPN servers all over the world,

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and they <i>don't</i> log connections
so your privacy is assured.

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Travelling abroad, just VPN home and don't worry
about what those other governments are doing.

00:13:52.060 --> 00:13:54.940
Back at home, stop your
ISP from traffic-shaping

00:13:54.940 --> 00:13:58.940
and messing with the quality internet
access you're paying good money for.

00:13:58.940 --> 00:14:02.700
You can connect from multiple machines at
once, including your smartphone or tablet,

00:14:02.700 --> 00:14:07.660
and it supports all the secure standards
including OpenVPN and SSTP.

00:14:07.660 --> 00:14:14.226
Bypass censors and surveillance with your own
secure VPN connection. Go to vpn.bogosity.tv.

00:14:20.620 --> 00:14:26.940
Meanwhile, the UK continues to be idiots as
they screech about unfair prices on Steam.

00:14:26.940 --> 00:14:34.220
Steam, more than anything else, makes games available all
over the world to people on a wide variety of platforms—

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and we can't have that, now, can we?

00:14:36.641 --> 00:14:43.100
Because that means that they're successful, and being
successful, people are willing to pay for their service.

00:14:43.100 --> 00:14:50.620
They can also "force" devs to not sell their titles
earlier or for less money on rival platforms.

00:14:50.620 --> 00:14:53.900
In other words, a no
exclusivity agreement.

00:14:53.900 --> 00:15:00.220
Which, by the way, only applies to Steam keys and other
promotions—which the story doesn't seem to mention!

00:15:00.220 --> 00:15:05.820
The action was brought by one person,
Vicki Shotbolt, a children's rights advocate,

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on behalf of all 14 million
Steam users in the UK.

00:15:11.340 --> 00:15:14.540
Yeah, we've covered
how lawsuits like that go.

00:15:14.540 --> 00:15:19.980
Wait— 14 million? That's one
fifth of the population of the UK!

00:15:19.980 --> 00:15:23.740
Are we <i>really</i> supposed to believe
she speaks for all of them?

00:15:23.740 --> 00:15:28.780
She also claims that Valve is charging
an "excessive commission" of 30%,

00:15:28.780 --> 00:15:32.220
for giving devs and gamers
access to a massive and reliable

00:15:32.220 --> 00:15:35.740
worldwide gaming
infrastructure that they created.

00:15:35.740 --> 00:15:37.900
30% is actually fairly standard,

00:15:37.900 --> 00:15:42.620
and when you look at the amount that Valve puts
into development of both software and hardware,

00:15:42.620 --> 00:15:44.460
not really unreasonable.

00:15:44.460 --> 00:15:51.660
I guess that's all 14 million gamers, except for the
ones who actually find out about it and go and opt out.

00:15:51.660 --> 00:15:57.100
Yes, you're <i>automatically</i> considered
to be a part of this lawsuit by default!

00:15:57.100 --> 00:16:04.060
If you stay in the lawsuit, you might
be awarded as much as £40!

00:16:04.060 --> 00:16:06.540
What have we said before
about these kinds of lawsuits?

00:16:06.540 --> 00:16:09.980
It'll be Shotbolt and the lawyers
who make out like bandits,

00:16:09.980 --> 00:16:15.660
<i>pretending</i> to be acting on behalf
of these poor oppressed gamers!

00:16:15.660 --> 00:16:20.380
Some aren't having it, like
Endreader2725 on Reddit who posted:

00:16:20.380 --> 00:16:23.740
"I tried emailing the Steam
'You Owe Us' campaign

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to get my name and hopefully my Steam
account removed from the lawsuit.

00:16:27.740 --> 00:16:32.140
I honestly don't care about the £40
they're promising if they somehow win.

00:16:32.140 --> 00:16:35.500
At this point it's pretty clear
they're not going to reply,

00:16:35.500 --> 00:16:40.700
which kind of says everything about their
listening skills—basically non-existent.

00:16:40.700 --> 00:16:45.340
Feels like they're just being greedy
as usual and I want no part in it."

00:16:45.340 --> 00:16:50.220
His email read: "I'm contacting you
regarding the Steam You Owe Us claim.

00:16:50.220 --> 00:16:56.700
I'd like to make it clear that I do not wish to be included
in this action and I do not want to be represented by it.

00:16:56.700 --> 00:17:03.020
After reading through the details, I don't feel that this
claim reflects my own views or experiences as a gamer.

00:17:03.020 --> 00:17:07.180
I've had a consistently positive
experience using Steam over the years

00:17:07.180 --> 00:17:10.220
and I'm comfortable with
how the platform operates.

00:17:10.220 --> 00:17:14.860
Because of that, I don't agree with the
overall position being taken by this claim,

00:17:14.860 --> 00:17:18.460
and I don't want my name
or details associated with it.

00:17:18.460 --> 00:17:24.940
Please confirm that I have been excluded from the claim and
that my information will not be used now or in the future.

00:17:24.940 --> 00:17:26.860
Thank you for your time."

00:17:26.860 --> 00:17:30.860
PhoenixLandPirate wrote: "I
would like to opt out of this claim.

00:17:30.860 --> 00:17:37.100
Steam has competition: it competes against
PlayStation, Xbox, Nintendo, Epic, GOG.

00:17:37.100 --> 00:17:43.900
Valve sell consoles, where they openly say 'we want you
to be able to play games bought from other stores on it.'

00:17:43.900 --> 00:17:46.780
Valve has created
competition in the market.

00:17:46.780 --> 00:17:53.900
Linux has moved from .1% to over 3.5%
of the desktop market, on Steam itself.

00:17:53.900 --> 00:18:01.740
Because of Valve, I have more options, I can buy from GOG,
Epic Games, and many other stores, and play on my computer.

00:18:01.740 --> 00:18:04.940
Without Valve, I'd be
stuck with PlayStation.

00:18:04.940 --> 00:18:12.540
Valve pays to make Proton, they pay to improve KDE Plasma,
graphics drivers, Fex, Vulkan, and many more projects,

00:18:12.540 --> 00:18:15.660
that Epic Games and GOG
can take full advantage of,

00:18:15.660 --> 00:18:22.620
making more competition in store fronts, operating
systems, software stacks, etc. and it benefits everyone.

00:18:22.620 --> 00:18:26.140
So I would like to wash
my hands of this claim."

00:18:26.140 --> 00:18:28.780
Various commenters
agreed, saying things like:

00:18:28.780 --> 00:18:35.900
"I find it absolutely wild that they got the list of every
UK steam user and decided to try and speak on behalf of us."

00:18:35.900 --> 00:18:42.220
"Yep I don't want a yapping Muppet with a hand
up his you know where to be speaking for me lol"

00:18:42.220 --> 00:18:48.620
"My hope is that it gets completely squashed and costs
the firm who are taking it to court a metric fuckton.

00:18:48.620 --> 00:18:52.380
That way it becomes a precedent
for <i>not</i> doing this kind of shit.

00:18:52.380 --> 00:18:56.140
I hope. It's such a
bullshit suit to file."

00:18:56.140 --> 00:18:59.180
"Sounds like some of ya Brits
are getting press ganged here.

00:18:59.180 --> 00:19:03.020
Get those e-mails going to say that
ya want no part in this scheme."

00:19:03.020 --> 00:19:07.900
"Wow, this lawsuit is such bullshit. I hope
this goes down like the Hindenburg."

00:19:07.900 --> 00:19:10.733
"They just want that
payout, greedy swine."

00:19:10.734 --> 00:19:14.860
"I don't want a cut in my name by
these fucking corporate vampires."

00:19:14.860 --> 00:19:18.940
"A monopoly would imply that Valve
is trying to cut out competitors.

00:19:18.940 --> 00:19:26.220
In reality it's just that the competition is so bad
that Steam is the only place to reliably sell games."

00:19:26.220 --> 00:19:31.740
"I fucking <i>hate</i> these lawsuits, all of them. I
don't care which company they're going after,

00:19:31.740 --> 00:19:34.940
they are nothing more than
a way to enrich lawyers."

00:19:34.940 --> 00:19:41.420
There were also lots of users who said they could easily
do the things the lawsuit claims Steam makes impossible,

00:19:41.420 --> 00:19:47.100
like accessing DLC purchased outside
of Steam on Steam and vice-versa.

00:19:47.100 --> 00:19:52.300
Others were saying they should just get
the £40 and use it to buy games on Steam!

00:19:52.300 --> 00:19:57.340
Many were saying that this was a scheme from Epic
Games, but I couldn't find any evidence of that.

00:19:57.340 --> 00:20:01.500
I also couldn't find any gamers who
were saying this lawsuit is a good thing.

00:20:01.500 --> 00:20:05.260
If Steam really overcharged
and did all these terrible things,

00:20:05.260 --> 00:20:10.393
devs would be leaving them for GOG or
Itch or wherever, and so would gamers.

00:20:10.393 --> 00:20:17.340
I mean, not that I game all that much, but Steam's
management and updates of games is FAR superior to Itch!

00:20:17.340 --> 00:20:20.659
Another day, another
bogus class-action lawsuit.

00:20:27.260 --> 00:20:30.700
I want to tell you about the eyeglasses
I've been wearing for years.

00:20:30.700 --> 00:20:34.220
As people can see on my videos,
I have a <i>very</i> strong prescription,

00:20:34.220 --> 00:20:38.220
which makes glasses more expensive,
especially when I need computer glasses,

00:20:38.220 --> 00:20:40.540
reading glasses,
prescription sunglasses,

00:20:40.540 --> 00:20:45.180
and most expensively, progressive
lenses for general everyday wear.

00:20:45.180 --> 00:20:49.580
To save money while still getting
quality glasses, I get them from Firmoo.

00:20:49.580 --> 00:20:53.660
In fact, I just got a pair of progressives
with high index aspherical lenses

00:20:53.660 --> 00:20:57.900
in a nice pair of frames my
wife loves, for just over $100.

00:20:57.900 --> 00:21:01.180
It would have been $500 to get
them through my eye doctor.

00:21:01.180 --> 00:21:03.980
Not only do they look good,
the glasses are durable.

00:21:03.980 --> 00:21:07.500
I've worn many pairs for several
years without problems.

00:21:07.500 --> 00:21:10.060
All orders come with a
30-day return policy,

00:21:10.060 --> 00:21:13.740
a 3-month warranty, and
one-on-one customer service.

00:21:13.740 --> 00:21:22.380
Go to firmoo.bogosity.tv any time you
need quality glasses at a low price.

00:21:22.380 --> 00:21:26.770
Once again, that's
firmoo.bogosity.tv.

00:21:35.260 --> 00:21:40.220
And now it's time to hemiquaverate
this week's Biggest Bogon Emitter.

00:21:40.220 --> 00:21:46.940
I guess we're sweeping Europe this week as
France takes it for yet more anti-Musk antics.

00:21:46.940 --> 00:21:52.780
France, like so much of Europe, really hates free speech
and they've been part of the movement to take down X

00:21:52.780 --> 00:21:55.900
ever since Elon Musk bought
it back when it was Twitter,

00:21:55.900 --> 00:21:59.900
exposed all of the government
shenanigans going on in the background,

00:21:59.900 --> 00:22:06.380
and undid the censorship, turning it into the
closest thing we have to a free speech platform.

00:22:06.380 --> 00:22:10.700
No, Gab is <i>far</i> from free
speech, so don't even try it!

00:22:10.700 --> 00:22:15.420
Now, the French police have
raided the X Corp offices in Paris.

00:22:15.420 --> 00:22:20.780
They also summoned Elon Musk and
former X Corp CEO Linda Yaccarino.

00:22:20.780 --> 00:22:24.700
The excuse is the usual
accusations of CSAM material,

00:22:24.700 --> 00:22:29.900
as well as "denial of crimes against
humanity," whatever that's supposed to mean.

00:22:29.900 --> 00:22:35.900
As near as I can figure, it's because they
were able to make Grok deny the Holocaust.

00:22:35.900 --> 00:22:40.700
You know, like you can make any AI agree
with anything given the right prompt!

00:22:40.700 --> 00:22:45.180
And then a few others that make it sound like
they're some kind of organized crime ring.

00:22:45.180 --> 00:22:49.980
They're accusing X of allowing foreign
powers to manipulate its algorithm.

00:22:49.980 --> 00:22:53.340
Even though that's exactly
what Elon put a stop to!

00:22:53.340 --> 00:22:57.180
It seems to be the latest morphing
of their previous complaint,

00:22:57.180 --> 00:22:59.020
all the work of Eric Bothorel,

00:22:59.020 --> 00:23:04.300
who was also behind the government's
proposal for mandatory COVID contact tracing.

00:23:04.300 --> 00:23:06.060
In response, he tweeted:

00:23:06.060 --> 00:23:11.260
"Happy that my complaint from January
2025 is being followed up with action!"

00:23:11.260 --> 00:23:13.660
But as another user pointed out,

00:23:13.660 --> 00:23:20.620
to date all such procedures initiated by
prosecutors have ended in dismissals and discharges.

00:23:20.620 --> 00:23:29.340
This is just more bandwagoning from people who want to drag
us back 200 years because Grok could make dirty pictures.

00:23:29.340 --> 00:23:31.980
There's no evidence it would
make pictures of children,

00:23:31.980 --> 00:23:36.860
but hey, let's just assume that it's the
case and we can do what we like to them!

00:23:36.860 --> 00:23:40.940
Pavel Durov, founder of Telegram,
tweeted that France is, quote:

00:23:40.940 --> 00:23:44.140
"the only country in the world
that is criminally persecuting

00:23:44.140 --> 00:23:47.980
all social networks that give
people some degree of freedom.

00:23:47.980 --> 00:23:51.580
Don't be mistaken: this
is not a free country."

00:23:51.580 --> 00:23:58.220
People can use X to express opinions the French
government doesn't like. That's all there is to this.

00:23:58.220 --> 00:24:03.980
And they've built all of this on a
scaffold of crazy conspiracy theories.

00:24:03.980 --> 00:24:08.040
So all of that makes France this
week's Biggest Bogon Emitter.

00:24:20.540 --> 00:24:30.540
And now let's hypermetamorphosizationalify
this week's Idiot Extraordinaire.

00:24:31.580 --> 00:24:37.980
And this week, it goes to the state of Washington
for their attempt to ban ones and zeroes.

00:24:37.980 --> 00:24:42.700
They want to ban a <i>file. Information.</i>

00:24:42.700 --> 00:24:47.100
It doesn't matter if you share it
or even use it. Just <i>possess</i> it.

00:24:47.100 --> 00:24:51.280
It sounds like we're talking about
CSAM or something, doesn't it? But no.

00:24:51.281 --> 00:24:57.180
This bill would criminalize what they call
Digital Firearm Manufacturing Code.

00:24:57.180 --> 00:25:02.300
Yes, 3D files that let
you 3D-print gun parts.

00:25:02.300 --> 00:25:07.980
It's yet another way you know that the gun
control nutbars don't believe a word they say.

00:25:07.980 --> 00:25:13.180
They used to say it was all about gun
manufacturers and the things they do to profit.

00:25:13.180 --> 00:25:19.020
Because, you know, Sandy Hook would never have
happened without Remington's advertisements.

00:25:19.020 --> 00:25:25.100
But from the start of the country, it's always
been legal to make your own firearm.

00:25:25.100 --> 00:25:28.460
The way they wormed in things
like taxes and serial numbers

00:25:28.460 --> 00:25:33.260
was by saying that this was a commerce
issue, not a Second Amendment issue.

00:25:33.260 --> 00:25:38.860
But now, we have an entire
category of "ghost guns,"

00:25:38.860 --> 00:25:45.900
homemade guns which are oh-so-horrible because
they don't have their wonderful serial numbers.

00:25:45.900 --> 00:25:52.380
And the moral panic around this, as we've covered
many times, is directly tied to 3D printing.

00:25:52.380 --> 00:25:54.700
As the bill itself says, quote:

00:25:54.700 --> 00:26:00.140
"The legislature finds the production of undetectable
and untraceable firearms and firearm components

00:26:00.140 --> 00:26:03.820
through three-dimensional printing
and computer numerical control milling

00:26:03.820 --> 00:26:06.620
presents a growing
threat to public safety.

00:26:06.620 --> 00:26:12.860
The legislature further finds the production
of firearms by unlicensed manufacturers

00:26:12.860 --> 00:26:17.100
allows prohibited individuals
to evade background checks

00:26:17.100 --> 00:26:21.500
and obtain firearms they could
not otherwise lawfully obtain."

00:26:21.500 --> 00:26:28.620
Because if anyone can just print gun parts at home
and assemble their own guns, gun control is done for!

00:26:28.620 --> 00:26:36.220
But I'm sorry, our rights don't cease to exist
just because they become easier to exercise.

00:26:36.220 --> 00:26:39.020
The bill expressly
criminalizes, quote:

00:26:39.020 --> 00:26:42.700
"any digital instructions in the form
of computer-aided design files

00:26:42.700 --> 00:26:46.780
or other code or instructions stored
and displayed in electronic format

00:26:46.780 --> 00:26:52.387
as a digital model that may be used to program
a three-dimensional printer or a CNC machine

00:26:52.388 --> 00:26:54.993
to manufacture or produce a firearm,

00:26:54.994 --> 00:27:01.020
frame or receiver, unfinished frame or
receiver, magazine, or firearm component."

00:27:01.020 --> 00:27:08.153
Yes, just the instructions. The
3D files themselves. <i>Illegal!</i>

00:27:08.153 --> 00:27:18.380
As long as it "<i>may</i> be used" to produce any component of
a firearm, it's a criminal act to even possess the file!

00:27:18.380 --> 00:27:21.920
It doesn't have to be used. It
doesn't have to be functional.

00:27:21.921 --> 00:27:26.380
It doesn't even have to make a
complete gun. Just any part of one.

00:27:26.380 --> 00:27:32.780
They're not banning the act of printing;
they're banning mere possession of the file!

00:27:32.780 --> 00:27:35.740
But it's even worse than that.

00:27:35.740 --> 00:27:39.580
Crimes in the US are supposed
to have a <i>mens rea</i> component;

00:27:39.580 --> 00:27:45.100
that means they have to show the person
has the mindfulness to commit a criminal act.

00:27:45.100 --> 00:27:48.140
But this law says that
such possession, quote:

00:27:48.140 --> 00:27:52.780
"creates a rebuttable presumption of an
intent to unlawfully distribute the code

00:27:52.780 --> 00:27:58.300
or manufacture an unfinished frame or
receiver in violation of this subsection."

00:27:58.300 --> 00:28:05.179
In other words, the state does <i>not</i> have to prove
that you intended to do anything wrong with it.

00:28:05.179 --> 00:28:11.260
<i>You</i> have to prove you <i>didn't!</i>
Guilty until proven innocent!

00:28:11.260 --> 00:28:18.620
You don't even have to own a 3D printer or
any filament or whatever. Just the 3D file itself.

00:28:18.620 --> 00:28:24.140
Now, leave the Second Amendment
aside for now; what about us artists?

00:28:24.140 --> 00:28:31.340
I have a lot of these files, not to 3D print guns,
but for when I use them for 3D art and VFX work.

00:28:31.340 --> 00:28:33.420
They're the same files!

00:28:33.420 --> 00:28:36.700
Maybe you've seen some
of them in my videos.

00:28:36.700 --> 00:28:44.540
Or prop makers? You want to make a stunt gun for an actor to
hold, that cannot fire a bullet and can never be made to do so,

00:28:44.540 --> 00:28:48.940
but you base it on the 3D model
files to make it look realistic.

00:28:48.940 --> 00:28:52.780
Wanna cosplay? Or make
grips for an airsoft toy?

00:28:52.780 --> 00:28:57.420
Wanna use a realistic 3D model
of a gun in your video game?

00:28:57.420 --> 00:29:03.820
Under this law, the state would not have to prove
that you have it for the purpose of making a firearm.

00:29:03.820 --> 00:29:09.420
They just have to show that the file
<i>may</i> be used for such a purpose.

00:29:09.420 --> 00:29:15.340
You didn't print it. You didn't even put it on
Gumroad. Just have it on your computer.

00:29:15.340 --> 00:29:17.900
And what about the people
who host these files?

00:29:17.900 --> 00:29:23.260
If those files are accessed in Washington
state, even if they're not in Washington,

00:29:23.260 --> 00:29:26.940
suddenly they fall under
Washington's jurisdiction!

00:29:26.940 --> 00:29:32.940
And the <i>only</i> way they'd be able to protect
themselves is by getting rid of the files entirely,

00:29:32.940 --> 00:29:35.420
so <i>nobody</i> can access them.

00:29:35.420 --> 00:29:38.540
It's almost as if that's the idea!

00:29:38.540 --> 00:29:44.460
So this is one more example of how all of this
goes beyond maker culture or gun culture.

00:29:44.460 --> 00:29:50.140
It goes from not merely being a Second Amendment
issue to being a First Amendment issue!

00:29:50.140 --> 00:29:56.220
If 3D models aren't protected speech, as they've
been presumed to be but the courts haven't said,

00:29:56.220 --> 00:29:59.820
this would upend everything
about our modern digital world!

00:29:59.820 --> 00:30:01.420
It wouldn't be a question of,

00:30:01.420 --> 00:30:06.620
where do you draw the line between a purely
visual render and conduct you can regulate?

00:30:06.620 --> 00:30:08.540
There would be no line!

00:30:08.540 --> 00:30:13.980
And any 3D artist who designs
furniture, mechanical parts, tools,

00:30:13.980 --> 00:30:21.586
wearables, or anything else now becomes a
manufacturer in the eyes of the law, not an artist.

00:30:21.586 --> 00:30:24.940
And that means you crank
the gatekeeping up to 11!

00:30:24.940 --> 00:30:28.620
You end up with blanket bans
on mechanical or printable files,

00:30:28.620 --> 00:30:32.460
at the very least mandatory
content review for 3D files,

00:30:32.460 --> 00:30:39.820
geofencing and export controls, and DMCA-like
takedowns with no due process whatsoever.

00:30:39.820 --> 00:30:47.980
You didn't print anything, you didn't intend harm,
but that doesn't matter—you created instructions.

00:30:47.980 --> 00:30:54.460
Open source hardware? Community mods?
Right to repair? They <i>all</i> take an enormous hit!

00:30:54.460 --> 00:31:01.660
And the winners? Of course, the big corporations
who have big legal compliance teams.

00:31:01.660 --> 00:31:08.220
Colt can still make firearms with serial numbers;
you can't make a ray gun for your sci-fi character.

00:31:08.220 --> 00:31:13.980
Independent artists would now face much higher
legal risks for every dollar they try and earn,

00:31:13.980 --> 00:31:19.260
with no clear lines as to what's allowed
and no money to fight takedowns.

00:31:19.260 --> 00:31:22.780
And Disney would be laughing
all the way to the bank!

00:31:22.780 --> 00:31:29.740
Governments would have even more power over us, the
First, Second, and Fourth Amendments would be shredded,

00:31:29.740 --> 00:31:36.140
big corporations would rake in profits, and
smaller outfits would be put out of business.

00:31:36.140 --> 00:31:40.780
And it <i>still</i> wouldn't stop
criminals from getting guns.

00:31:40.780 --> 00:31:48.280
So all of that makes Washington
state this week's Idiot Extraordinaire.

00:31:52.780 --> 00:31:58.700
Well, that wraps up this "The automatic pilot,
it's deflating!" edition of the Bogosity Podcast.

00:31:58.700 --> 00:32:03.420
I hope you enjoyed it; if you did, please go to
donate.bogosity.tv for several ways to support,

00:32:03.420 --> 00:32:06.620
and discord.bogosity.tv
to join the discussion.

00:32:06.620 --> 00:32:11.740
Subscribe at the Discord, Patreon, or
SubscribeStar and you can listen early and ad-free.

00:32:11.740 --> 00:32:15.660
Thank you for listening. Until next time,
here's a quote from Neil Harbisson:

00:32:15.660 --> 00:32:19.740
"3D printing represents the
democratization of manufacturing.

00:32:19.740 --> 00:32:24.540
It allows anyone to create
anything, anywhere, at any time."

00:32:24.540 --> 00:32:28.780
The Bogosity Podcast is licensed under a Creative
Commons Attribution-NonCommercial-NoDerivatives

00:32:28.780 --> 00:32:30.886
4.0 International license.