Author: tio

  • Gavin Newsom Is Much Worse Than You Think

    California Gov. Gavin Newsom has made headlines this winter by vowing to defeat a proposal for a one-time 5% tax on billionaires in the state. Many national polls now rank him as the front-runner for the Democratic presidential nomination in 2028, but aligning with the ultra-wealthy is not auspicious for wooing the party’s voters. Last year, Reuters/Ipsos pollsters reported that a whopping 86% of Democrats said “changing the federal tax code so wealthy Americans and large corporations pay more in taxes should be a priority.”

    Newsom has drawn widespread praise for waging an aggressive war of words against President Donald Trump. But few people outside of California know much about the governor’s actual record. Many Democratic voters will be turned off to learn that his fervent opposition to a billionaire tax is part of an overall political approach that has trended more and more corporate-friendly.

    A year ago, Newsom sent about 100 leaders of California-based companies a prepaid cellphone “programmed with Newsom’s digits and accompanied by notes from the governor himself,” Politico reported. One note to the CEO of a big tech corporation said, “If you ever need anything, I’m a phone call away.” While pandering to business elites, Newsom has slashed budgets to assist the poor and near-poor with health care, housing and food – in a state where 7 million live under the official poverty line and child poverty rates are the highest in the nation.

    The latest Newsom budget, released last month, continues his trajectory away from social compassion. “The governor’s 2026-27 spending plan balances the budget by dodging the harsh realities of the Republican megabill, H.R. 1, and maintains state cuts to vital public supports, like Medi-Cal, enacted as part of the current-year budget,” the California Budget & Policy Center pointed out. “Governor Newsom’s reluctance to propose meaningful revenue solutions to help blunt the harm of federal cuts undermines his posture to counter the Trump administration.” The statement said that the proposed budget “will leave many Californians without food assistance and health care coverage.”

    Newsom “has generally avoided direct conflicts with his fellow millionaires.”

    So far, key facts about Newsom’s policy priorities have scarcely gone beyond California’s borders. “National media have focused on Newsom as a personality and potential White House candidate and have almost completely ignored what he has and has not done as a governor,” said columnist Dan Walters, whose five decades covering California politics included 33 years at The Sacramento Bee. “It’s a perpetual failing of national political media to be more interested in image and gamesmanship rather than actual actions, the sizzle rather than the steak, and Newsom is very adept at exploiting that tendency.”

    Walters told me that Newsom “has generally avoided direct conflicts with his fellow millionaires, such as discouraging tax increases, and has danced between corporations and labor unions on bread-and-butter issues such as minimum wages. He’s also quietly moved away from environmental issues, most notably shifting from condemnation of the oil industry for price gouging and pollution to encouraging the industry to increase production and keep refineries operating.”

    Newsom angered climate activists last fall by signing his bill to open up thousands of new oil wells. Noting that “Newsom just championed a plan to dramatically expand oil drilling in California,” the Oil and Gas Action Network said that he “can’t claim climate leadership while giving Big Oil what it wants.” Third Act, founded by Bill McKibben, responded by denouncing “Newsom’s Big Oil Backslide” and accused the governor of “backtracking on key climate and community health commitments.”

    Great efforts to curb the ubiquitous toxic impacts of PFAS “forever chemicals” hit a wall in October, when Newsom vetoed legislation to ban them in such consumer items as cookware, dental floss and cleaning products. “This bill had huge support from both within the state and beyond, and yet, apparently, the governor was interested only in the one sector opposing it — the cookware industry,” said Clean Water Action policy director Andria Ventura. The organization put the veto in context, observing that “the governor seems determined to move away from his pro-environment past.”

    As with the environment, so with workers’ rights. In 2023, Newsom vetoed a bill to provide unemployment compensation to workers on strike. In 2024, he vetoed a bill to help protect farmworkers from violations of heat safety regulations, while temperatures in California’s agricultural fields spike above 110 degrees.

    The latest Gallup polling of the party’s rank-and-file indicates a wide ideological gap between Newsom and the party’s base. Fifty-nine percent of Democrats described themselves as “liberal” or “very liberal,” while 32% said they were “moderate,” and 8% “conservative” or “very conservative.” And the trend line is striking: Democrats’ self-identification as liberal or very liberal has doubled in the last two decades.

    “Newsom just championed a plan to dramatically expand oil drilling in California.”

    It might be tempting to believe that Newsom’s services to corporatism and the rich are less important than the possibility that he would be an adept Democratic nominee to defeat the GOP ticket in 2028. But pursuit of such “moderate” politics was harmful to Democratic turnout in 2016 and 2024. Newsom’s current political attitude is similar to the timeworn approach that undermined the candidacies of Hillary Clinton and Kamala Harris.

    Newsom says he’s eager to pitch a big tent for the Democratic Party, declaring that he welcomes the likes of former U.S. Sen. Joe Manchin as well as New York’s socialist Mayor Zohran Mamdani in the fold. “I want it to be the Manchin-to-Mamdani party,” Newsom said in November. “I want it to be inclusive.” He did not mention that during Joe Biden’s presidency, while in the Senate, Manchin wrecked prospects for transformational Build Back Better legislation and other measures that would have benefitted tens of millions of Americans.

    It’s telling that Newsom and former President Bill Clinton, a longtime backer, have voiced profuse mutual admiration. Interviewed after he came off the stage with the former president in a joint appearance at a Clinton Global Initiative event a few months ago, Newsom praised “the ability to reach across the aisle.” That formula is a throwback to what propelled Clinton into the presidency with a pledge to find common ground, only to toss the working class overboard from the Oval Office. The disastrous results — made possible by Clinton’s reaching “across the aisle” — included passage of the NAFTA trade pact, the “welfare reform” law that harshly undermined poor women with children, the mass-incarceration-boosting crime bill and the media monopoly-enabling Telecommunications Act.

    Launching his podcast “This Is Gavin Newsom” a year ago, the host began warmly showcasing extremist bigots by featuring Charlie Kirk as his first guest. When Kirk was assassinated in September, Newsom lavished praise on him, tweeting: “The best way to honor Charlie’s memory is to continue his work: engage with each other, across ideology, through spirited discourse.” From the governor’s office, Newsom issued a statement that explained: “I knew Charlie, and I admired his passion and commitment to debate.”

    The praise raises the question: How far right would someone need to be before no longer meriting Newsom’s admiration for “passion”? Clearly, Kirk wasn’t far right enough to be disqualified. He only said things like, “Islam is the sword the left is using to slit the throat of America,” proclaiming “we made a huge mistake when we passed the Civil Rights Act in the 1960s” and castigating Supreme Court Justice Ketanji Brown Jackson, Rep. Sheila Jackson Lee and others as affirmative-action hires: “You do not have the brain processing power to otherwise be taken really seriously. You had to go steal a white person’s slot to go be taken somewhat seriously.”

    “I want it to be the Manchin-to-Mamdani party.”

    Newsom’s show has continued to give a friendly platform to such extreme right-wingers as Steve Bannon and Ben Shapiro. In effect, Newsom is engaged in a podcast form of triangulation — by turns validating and disputing his guests’ attacks on progressivism.

    On no issue is Newsom more out of step with the Democratic electorate than U.S. support for Israel. Last summer, a Quinnipiac survey found that 77% of Democrats believed Israel was guilty of genocide in Gaza — but last month Newsom said the opposite, declaring, “I don’t agree with that notion.” Like most Democratic officeholders who combine their denial of genocide with support for the nonstop weapons flow to Israel, Newsom lays blame narrowly on Prime Minister Benjamin Netanyahu, saying that he is “crystal clear about my love for Israel and condemnation of Bibi.” The same Quinnipiac poll found that fully three-quarters of Democrats were opposed to sending further military aid to Israel, a position that Newsom refuses to take at the same time that he dodges questions about the right-leaning Israel lobby group AIPAC.

    Newsom can expect a direct challenge from another California Democrat likely to be on debate stages when the party’s presidential campaigns get underway next year. Rep. Ro Khanna said of Newsom in January: “He doesn’t want to offend the AIPAC donors. He doesn’t want to offend the donor class. And that explains his position on going to give Netanyahu a blank check right after October 7, on not being willing to ever call out the funding we were giving, and not willing to call out that clearly it was a genocide, and then not willing to challenge the billionaire class on tax policy.”

    For anyone who wants a truly progressive Democratic Party, Gavin Newsom is bad news.

    The post Gavin Newsom Is Much Worse Than You Think appeared first on Truthdig.

  • Pluralistic: All laws are local (05 Feb 2026)

    Today’s links



    A pair of broken off statue legs, shod in Roman sandals, atop a cliff. Behind them, we see a futuristic city.

    All laws are local (permalink)

    About halfway through Thomas Piketty’s 2013 barnstorming Capital in the 21st Century, Piketty tosses off a little insight that skewered me on the spot and never let me go: the notion that any societal condition that endures beyond a generation becomes “eternal” in the popular consciousness:

    https://memex.craphound.com/2014/06/24/thomas-pikettys-capital-in-the-21st-century/

    Piketty was referring to “primogeniture,” the ancient practice of automatically passing the family fortune onto the eldest son (or, if no son was available, the eldest nephew). Primogeniture did important work by keeping dynastic fortunes intact, rather than dividing them up among all children of some baron or lord or other guillotineable monster.

    Primogeniture persisted until the age of colonization, when Europe’s “great powers” stole the rest of the world. In that moment, the size of Europe’s great fortunes expanded by orders of magnitude. This vast increase in the wealth of Europe’s most murderous, remorseless looters made primogeniture obsolete. There was so much blood-soaked money available to the nobility that every son could found a “great house.”

    After a couple generations’ worth of this, the colonies were exhausted. There were no more lands to conquer, which meant that every son could no longer expect to found his own fortune. But for these chinless masters of the universe, a world where every son of every rich man wouldn’t get his own dynasty was incomprehensible. To do otherwise was literally unimaginable. It was unnatural.

    For Piketty, this explained World War I: the world’s chinless inbred monsters embarking upon an orgy of bloodletting to relieve one another of the lands – and peoples – they’d claimed as their property in order to carry on the “eternal” tradition of every son starting his own fortune.

    It’s a very important idea, and a provocative explanation for one of the 20th Century’s defining events. That’s why it struck me so hard when I first read it, but the reason it stuck with me for the decade-plus since I encountered that it is a vital observation about the human condition: as a species, we forget so much. Something that was commonplace a generation ago becomes unimaginable today, and vice versa.

    Even people who lived through those years forget who they were and what they took for granted in those days. Think, for example, of all those evangelicals who would vote for Satan himself if he promised to hang any woman who obtained an abortion; the same evangelicals who, just a few decades ago, viewed anti-abortionism as a politically suspect form of crypto-papacy:

    https://pluralistic.net/2021/12/18/schizmogenesis/

    Perhaps the reason Piketty’s primogeniture-based explanation for WWI struck me so forcefully and durably is that I imbibed a prodigious amount of science fiction as a boy, including the aphorism that “all laws are local, and no law knows how local it is”:

    https://locusmag.com/feature/cory-doctorow-a-cosmopolitan-literature-for-the-cosmopolitan-web/

    In other words, things that seem eternal and innate to the human condition to you are apt to have been invented ten minutes before you started to notice the world around you and might seem utterly alien to your children. As Douglas Adams put it:

    Anything that is in the world when you’re born is normal and ordinary and is just a natural part of the way the world works. Anything that’s invented between when you’re fifteen and thirty-five is new and exciting and revolutionary and you can probably get a career in it. Anything invented after you’re thirty-five is against the natural order of things.

    https://en.wikiquote.org/wiki/Douglas_Adams

    This notion is much on my mind right now because the world is (to me, at least) unassailably in a state of change, and everything is up for grabs. Europe went from 15 years behind on its climate goals to ten years ahead of schedule after the supply of Russian gas dried up and Europeans found themselves shivering in the dark. The massive leap in EU solar means that the (seemingly) all-powerful fossil fuel lobby has absolutely, comprehensively eaten shit, something that was unthinkable just a few years ago:

    https://pluralistic.net/2025/09/23/our-friend-the-electron/#to-every-man-his-castle

    Indeed, this happened so fast that many people (including many Europeans) haven’t even noticed that it happened. Back in December, when I was at CCC in Hamburg, I talked to a bunch of European activists, close watchers of the Commission and the Parliament, who were completely convinced that Europe would never spurn the fossil fuel sector – despite the fact that it had already happened.

    Indeed, it may be that intimate familiarity with European politics is a liability when things change. Spend enough time observing up close how supine European politicians and their Eurocrats are and you may find yourself so reflexively conditioned to view them as spineless corporate lackeys and thus unable to notice when they finally dig up a vertebra or two.

    Smart financiers are familiar with Stein’s Law: “anything that can’t go on forever eventually stops.” Change happens. Eternal verities might be fifteen minutes older than you. Pink used to be the color of ferocious masculinity, whereas blue was so girly as to be practically titular:

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

    Real talk: I have serious, debilitating chronic pain. One of the reasons I’m so prolific is that the only time I stop noticing how much I hurt is when I’m lost in work (compartmentalization is a hell of a drug, and while it’s not always healthy, it has its upsides). Ask anyone with chronic pain and they’ll tell you that treating pain eventually becomes your hobby, a bottomless well of esoteric dives into various “modalities” of pain treatment.

    Thus it is that I’ve found myself on one or two psychologists’ couches, learning about different mental approaches to living with constant pain. One of the most useful pieces of advice I’ve gotten was to attend closely to how my pain changes – how it ebbs and flows. The point is that if pain changes, that means that it can change. It feels eternal, but it comes and goes. Maybe someday it will go altogether. And even if it doesn’t, it may improve. It probably will, at least for a while.

    Things change.

    Our current crop of cowardly, weak appeasers – in Congress, in Parliament, in the European Parliament – have, at various times (and very recently), found their spines. The factions within them that militated for the kind of bold action that might meet this moment have, from time to time, won the day. We have lived through total transformations in our politics before, and that means we might live through them again:

    https://hypertext.niskanencenter.org/p/the-fragmentation-flywheel

    Sure, it’s easy and tempting to assume that our leaders will always suck as hard as they suck now. But latent in that assumption is that the leaders who presided over big, incredible transformations were exceptional people. Maybe they were and maybe they weren’t, but I’m here to tell you, ten minutes’ worth of research into the biographies of the “heroes” of our history will reveal them to have been every bit as capable of monstrousness, cowardice, cruelty and pig-ignorant bigotry as any of today’s rotating cast of fascist goons:

    https://truthout.org/articles/disrupting-the-myth-of-franklin-d-roosevelt-in-the-age-of-trump-sanders-and-clinton/

    The question isn’t merely “How do we elect better leaders?” It’s “How do we make our leaders follow us?” Today’s Democrats are unserious quislings who keep bringing a squirt-gun to a mass-casualty assault-rifle spree-shooting. How do we terrorize these cowards into rising to the moment? If we want Congressional Democrats to form a Nuremburg Caucus and start holding hearings on who they’re going to put in the dock when the Trump regime collapses, we’re going to have to drive them to it.

    And we can! The Democrats who gave us the New Deal weren’t braver or more moral than the self-dealing millionaires in Congress today – they were more afraid of their base.

    Things change.

    Some years ago, I gave a speech at Consumer Reports headquarters in Poughkeepsie, trying to get them to refuse to give a passing grade to any product with DRM, on the grounds that the manufacturer could alter how that device worked at any time in the future, meaning that no matter how well a device worked now, it might turn into a pile of shit at any time in the future:

    https://www.soundguys.com/the-sonos-app-death-spiral-132873/

    They didn’t take me up on this suggestion, obviously. They made the (seemingly) reasonable point that people bought Consumer Reports to find out what to buy, not to be told that they shouldn’t buy anything. Every product in many key categories came with DRM, meaning that their recommendation would have had to be “just don’t buy any of it.”

    But today, consumer review sites do sometimes recommend nothing:

    https://www.mozillafoundation.org/en/blog/privacy-nightmare-on-wheels-every-car-brand-reviewed-by-mozilla-including-ford-volkswagen-and-toyota-flunks-privacy-test/

    And of course, there’s some precedent here. Somewhere between the emergence of the evidence for seatbelts and the appearance of seatbelts in most makes and models of cars, there would have been a time when the answer to “which car should I buy?” was “don’t buy a car, they’re all unsafe at any speed.”

    Things change. Today, every car has a seatbelt, and they’d continue to do so, even if we did away with regulations requiring seatbelts. Driving a car without a seatbelt would be as weird and terrible as using a radium suppository:

    https://pluralistic.net/2024/09/19/just-stop-putting-that-up-your-ass/#harm-reduction

    Things change. The nine-justice Supreme Court isn’t an eternal verity. It didn’t come down off a mountain on two stone tablets. It’s about ten seconds old:

    https://en.wikipedia.org/wiki/Judiciary_Act_of_1869

    Tomorrow, it will be different:

    https://pluralistic.net/2020/09/20/judicial-equilibria/#pack-the-court

    Our eternals are all ephemerals. The idea that we should tax capital gains at half the rate of wages? It was practically invented yesterday. You know who thought we should tax all income at the same rate? That noted Bolshevik, Ronald fuckin’ Reagan:

    https://archive.thinkprogress.org/flashback-reagan-raised-capital-gains-taxes-to-the-same-level-as-wage-taxes-for-first-time-444438edf242/

    We’re living through a time of change. Much of it is calamitous. Some of it wondrous:

    https://pluralistic.net/2025/06/28/mamdani/#trustbusting

    It’s so easy to slip into the habit of thinking that nothing will change, that our politicians will never fear us more than they love the money and power they get from catering to the Epstein class. I’m not denying that this is how they view the world today, but there was a time in living memory when it wasn’t true. If it changed before, it can change again:

    https://pluralistic.net/2026/01/15/how-the-light-gets-in/#theories-of-change

    Things change.


    Hey look at this (permalink)



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

    Object permanence (permalink)

    #20yrsago UK nurses want to supply clean blades and cutting advice to self-harmers https://web.archive.org/web/20060206205108/http://www.timesonline.co.uk/article/0,,2087-2025748,00.html

    #20yrsago PC built into whisky bottle https://web.archive.org/web/20060210043104/https://metku.net/index.html?sect=view&n=1&path=mods/whiskypc/index_eng

    #15yrsago Startups of London’s “Silicon Roundabout” https://www.theguardian.com/technology/2011/feb/06/tech-startup-internet-entrepreneurs

    #15yrsago Antifeatures: deliberate, expensive product features that no customer wants https://mako.cc/copyrighteous/antifeatures-at-the-free-technology-academy

    #15yrsago Steampunk Etch-a-Sketch https://www.reddit.com/r/pics/comments/erbnf/a_steampunk_etchasketch_we_made_for_a_friend_this/

    #10yrsago There’s a secret “black site” in New York where terrorism suspects are tortured for years at a time https://web.archive.org/web/20160205143012/https://theintercept.com/2016/02/05/mahdi-hashi-metropolitan-correctional-center-manhattan-guantanamo-pretrial-solitary-confinement/

    #10yrsago Error 53: Apple remotely bricks phones to punish customers for getting independent repairs https://www.theguardian.com/money/2016/feb/05/error-53-apple-iphone-software-update-handset-worthless-third-party-repair?CMP=Share_iOSApp_Other

    #10yrsago Toronto City Council defies mayor, demands open, neutral municipal broadband https://www.michaelgeist.ca/2016/02/toronto-city-council-sides-with-crtc-in-rejecting-mayor-torys-support-of-bell-appeal/

    #5yrsago Amazon’s brutal warehouse “megacycle” https://pluralistic.net/2021/02/05/la-bookseller-royalty/#megacycle

    #5yrsago AT&T customer complains…via WSJ ad https://pluralistic.net/2021/02/05/la-bookseller-royalty/#go-aaron-go

    #1yrago MLMs are the mirror-world version of community organizing https://pluralistic.net/2025/02/05/power-of-positive-thinking/#the-socialism-of-fools


    Upcoming appearances (permalink)

    A photo of me onstage, giving a speech, pounding the podium.



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

    Recent appearances (permalink)



    A grid of my books with Will Stahle covers..

    Latest books (permalink)



    A cardboard book box with the Macmillan logo.

    Upcoming books (permalink)

    • “Unauthorized Bread”: a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2026
    • “Enshittification, Why Everything Suddenly Got Worse and What to Do About It” (the graphic novel), Firstsecond, 2026

    • “The Memex Method,” Farrar, Straus, Giroux, 2026

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



    Colophon (permalink)

    Today’s top sources:

    Currently writing: “The Post-American Internet,” a sequel to “Enshittification,” about the better world the rest of us get to have now that Trump has torched America (1005 words today, 22660 total)

    • “The Reverse Centaur’s Guide to AI,” a short book for Farrar, Straus and Giroux about being an effective AI critic. LEGAL REVIEW AND COPYEDIT COMPLETE.
    • “The Post-American Internet,” a short book about internet policy in the age of Trumpism. PLANNING.

    • A Little Brother short story about DIY insulin PLANNING


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  • ‘Ripping’ Clips for YouTube Reaction Videos can Violate the DMCA, Court Rules

    ‘Ripping’ Clips for YouTube Reaction Videos can Violate the DMCA, Court Rules

    Downloading audio and video from YouTube is generally not allowed, which the video streaming service clearly states in its terms of service.

    Despite this explicit restriction, there are numerous ‘stream-ripping’ and “YouTube downloader” tools available on the web that do just that.

    These ripping tools can be used to convert YouTube music videos into MP3s for example. This is seen as a major problem by the music industry, which has and is taking legal steps in response.

    Specifically, music companies argue that using these stream-ripping tools violates the DMCA, as it circumvents YouTube’s copyright protection technology. This ‘rolling cipher’ can be bypassed relatively easily, but it prevents regular users from downloading videos from YouTube directly.

    Creator vs. Creator

    The ‘rolling cipher’ accusations are not limited to the music industry. They can also be used in other contexts, including a creator vs. creator battle. This is the case in Cordova v. Huneault, which revolved around the legality of “reaction” and “commentary” channels.

    The implications could be significant. Reaction and commentary videos have become a massive part of YouTube’s ecosystem, with countless creators building entire channels around responding to, critiquing, or mocking other people’s content.

    Many of these creators rely on downloading clips from other channels, often using third-party tools that bypass YouTube’s protections, to incorporate into their videos. While fair use is often cited as a defense, this case suggests that DMCA circumvention liability comes into play, regardless of whether their final use qualifies as fair.

    Without going into the nature of the videos, the lawsuit pits Christopher Cordova (Denver Metro Audits) against Jonathan Huneault (Frauditor Troll Channel). Cordova alleged that Huneault didn’t just use his copyrighted footage without permission, but that he also used “ripping” tools to bypass YouTube’s technical protection to get it.

    The defense disagreed with this argument and requested dismissal. They argued that, because the videos are publicly viewable on YouTube, there is no “access control” to speak of. Additionally, the defense pointed out that there is no evidence that ripping tools were used, pointing out that the defendant and many others have used screen recording to copy content.

    rippinf

    After hearing both sides, U.S. Magistrate Judge Virginia K. DeMarchi denied the motion to dismiss the DMCA circumvention claims, allowing the case to move forward on that claim.

    “Mr. Cordova has adequately pled that YouTube applies technological measures, including ‘rolling-cipher technology’ designed to prevent unauthorized downloading, to videos published on its platform that effectively control access to his videos for purposes of § 1201(a).”

    “Whether the videos may be viewed by the public is immaterial; the [complaint] refers to technological measures intended to prevent unauthorized downloading,” Judge DeMarchi adds.

    From the order

    order

    Caution: Reaction Channels

    While the survival of the §1201 claim may seem like a mere technicality in a case that has yet to be fully litigated, it is rather significant. By accepting that the “rolling cipher” effectively controls access to the downloadable file, the court gives creators who want to sue rivals an option to sue for more than just simple copyright infringement.

    For years, reaction creators have operated under the assumption that, if their commentary is fair use, the way they acquired the footage doesn’t matter. However, Judge DeMarchi’s decision suggests otherwise.

    Essentially, it means that commentary and reaction channels, which are widespread, face potential liability for DMCA violations if they use ripping tools that bypass YouTube’s protections.

    “No Harm, No Foul”?

    The legal teams are now sharply divided on what the circumvention claims mean for the case going forward.

    In a statement to TorrentFreak, defense lawyer Steven C. Vondran dismisses the circumvention claims as a tactical maneuver that may eventually fall apart, as his client didn’t use a ripping tool. The attorney further argued that, if the “reaction” video of his client is fair use, there is no “injury” or harm.

    “If fair use rights apply, and if there is no cognizable injury, then what would be their grounds to have proper standing?” Vondran asked.

    “Plaintiff is arguing that Defendant used ripping tools to circumvent YouTube’s content protection technology to obtain video clips,” Vondran told us. “In fact, this was not the case, but it seems anyone can allege this in a lawsuit and be able to go through discovery to see if they can find the use of these tools.”

    The defense shifts the focus and counters that the plaintiff has no right to sue in the first place, because there is no harm. Vondran argues that if the final “reaction” video is fair use, then the original creator hasn’t been “injured” just because someone downloaded a clip.

    Plaintiff’s attorney Randall S. Newman hit back, telling TorrentFreak that circumventing copy protections under §1201 of the DMCA, is a separate violation that is unaffected by a fair use finding.

    “The injury flows from the act of bypassing technological protection measures themselves, not from the outcome of a fair-use defense asserted after the fact,” Newman says, adding that the question of whether a ripping tool was used will be answered during discovery.

    While the order of the motion to dismiss is significant, for this case it means little more than that the case can now move ahead to the discovery phase, after which it will be argued on its merits. The allegations that the defendant used ripping tools to download videos will have to be backed up by evidence then.

    A copy of the order handed down by U.S. Magistrate Judge Virginia K. DeMarchi of the Northern District of California last month is available here (pdf).

    From: TF, for the latest news on copyright battles, piracy and more.

  • ‘Depths of Wikipedia’ Creator Annie Rauwerda on ‘Fragile’ Internet Citations

    ‘Depths of Wikipedia’ Creator Annie Rauwerda on ‘Fragile’ Internet Citations

    Image credit: Annie Rauwerda, photographed by Ian Shiff, smiling in February 2023

    Annie Rauwerda can’t remember a world without Wikipedia. Born in 1999, just two years before the platform launched, she says it has been omnipresent in her life and a source of endless fascination.

    In the early days of the COVID-19 pandemic when she was a neuroscience student at the University of Michigan, Rauwerda said she spent a lot of time on Wikipedia and started posting quirky stories she found.

    “As I clicked around, there were so many things with goofy titles,” said the now 26-year-old. “I thought to myself: ‘This could be big.’”

    Making as many as five videos a day, Rauwerda indeed gained an audience with her off-beat discoveries — from stolen and missing moon rocks to the back story of people demonstrating “high fives.”  She created Depths of Wikipedia, a group of social media accounts and has more than 1.5 million followers on Instagram, 200,000 on TikTok, and 130,000 on BlueSky.  

    In 2022, Rauwerda was named the Media Contributor of the Year by the Wikimedia Foundation, the nonprofit that hosts Wikipedia.

    In October, Rauwerda was invited to present at the Internet Archive event in San Francisco celebrating the milestone of 1 trillion webpages saved. She brought a burst of energy and humor to the stage as she shared screenshots of some of her favorite Wikipedia articles.

    Watch Annie at Internet Archive’s 1 Trillion Web Page Celebration:

    Rauwerda calls herself an Internet Archive “super fan” and acknowledges its value in providing links to original sources.

    “If Wikipedia is worth anything at all, it’s because of the citations, and those citations are increasingly hard to access,” she said, noting that more than half of the community articles contain a dead link. “That’s not a concern, though, for us, because we have partnerships with the Internet Archive to make sure that those links are archived and can be clicked by anyone.”

    Professionally and personally, Rauwerda said she uses the Archive constantly as she looks for material, seeks out old blogs or edits Wikipedia pages.

    “It’s really hard for me to think of an organization that I’m more enthusiastic about,” Rauwerda said of the Internet Archive. “I just love everything about it.”

    What will matter most to future generations is hard to predict, Rauwerda said, so it’s crucial to save as much of the digital landscape as possible. “I’m thankful the Internet Archive exists,” she said, “especially given how fragile everything is online.”

    Rauwerda said she’s had a “simultaneous love affair with the Internet Archive and Wikipedia” — often toggling back and forth as she dives into topics. She said she embraces the spirit of the open web and the community of people who support this work.

    Beyond her social media presence, Rauwerda is writing a book about Wikipedia for Little Brown. The series of light-hearted essays about the off-beat people behind Wikipedia is slated for publication in the fall of 2026.

    Rauwerda also turned her discoveries into a comedy show, which she first performed at small clubs in New York. After landing an agent, she went on a multi-city tour of the U.S., customizing the material for each region. She has another round of shows booked for 2026.

    “It’s been so fun,” she said. “I’m gonna ride this while it lasts.”

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