Search Captions & Ask AI

E157: Epic legal win, OpenAI's news deal, FCC targets Elon, the limits of free speech & more

December 16, 2023 / 01:39:26

This episode discusses various topics including hair styles, a recent court case involving Epic Games and Google, and the return of Alex Jones to Twitter. The hosts also share personal anecdotes about holiday parties and food preferences.

The conversation begins with light-hearted banter about hairstyles, particularly mullets, and transitions into a discussion about a recent court ruling where Epic Games won against Google regarding app store practices. The hosts analyze the implications of this ruling, including the potential for changes in app store policies.

Later, the episode shifts focus to the controversial return of Alex Jones to Twitter after a poll showed support for his reinstatement. The hosts express their mixed feelings about free speech and the responsibilities that come with it, especially in light of Jones' past comments regarding the Sandy Hook tragedy.

Throughout the episode, the hosts share personal stories from their lives, including holiday party experiences and food preferences, adding a relatable touch to the discussion.

Overall, the episode combines humor with serious topics, reflecting on the complexities of free speech, legal battles in the tech industry, and personal anecdotes.

TLDR

The episode covers hairstyles, Epic's court win against Google, and Alex Jones' Twitter return, blending humor with serious discussions on free speech.

Episode

1:39:26
00:00:00
we're going mullet this week in honor of your you're closest to Mullet right now
00:00:06
S I see you trying to tuck the lettuce in it's not going to work we see it back there well I need the ponytail whoow you
00:00:11
went full knot where is this photo like a secret camera in his room what is this
00:00:17
no my kids took it oh my are you really doing a douche knot one of my daughters is playing with my hair she wants to see
00:00:24
if she can make a ponytail with it so she made a ponytail and then took a photo so we FedEd into chat GPT to ask
00:00:30
who it looked like and it said Thomas Jefferson just serious question did you do a fit check with with Tucker on that
00:00:35
did you send him that and say fit check yeah not everything has to do with Tucker jel the joke's look at the smile
00:00:41
if you guys don't know what a fit check is ask your daughters a wait what what check a fit check a fit check you take a
00:00:47
picture of yourself you send it to your friends you say fit check and then they tell you if you look good for the day oh
00:00:52
okay it's kind of like it's kind of like a wellness check but for f how you look
00:00:55
for fashion okay yeah it's like when freeberg send you I'm have anxiety about this and then we do a wellness check on
00:01:01
freedberg see if he's going to show up for the show or we do a wellness check on you when Alex Jones comes back to
00:01:06
Twitter I'm putting it out there right now and Alex Jones is on the back half of the show just to tease it just like
00:01:12
I'm going to tease these photos I pulled the archives and here I am in 1984 with
00:01:17
my mullet that's a jcal mullet from 1984 in Staten Island on the way to a Boy Scout trip but I thought we would have a
00:01:24
little fun sa actually has been uh working he's got his hair stylist yeah well the gr he looks like a Lord of
00:01:33
the Rings character like an elf and Warrior no he looks like Theo exactly so we we'll punch that up
00:01:40
but Shaman actually surprisingly surprisingly good I can't look it's horrible freeberg you're not
00:01:48
getting away on touch here it is freberg looks like I think we should all go this
00:01:54
he looks like Orlando Bloom and Lord of the Rings right actually it looks like more like that vampire movie what was
00:02:00
that he does look like Interview with the Vampire or yeah he looks like he's teaching gender studies at Berkeley in
00:02:06
his nine nonbinary so if you want to take understanding nonbinary ethic gender studies 101 it's coming this
00:02:15
spring freeberg going to be teaching on his all Mama well done I'll find you guys a photo I'll send it to you as my I
00:02:20
did have a ponytail I sported it from about age 16 to 19 when I smoked cigarettes too and I've got photos with
00:02:26
the ponytail the trench coat smoking Sig so it fits the fits the all right so uh in in the spirit of
00:02:32
mullets let's go business first and we will go to the party at the end let's get started
00:02:39
boys let your winners [Music] ride and instead we open source it to the fans and they've just gone crazy
00:02:51
with it love queen of with me again today here on the all-in podcast the king of
00:03:00
we've retired queen of quinoa because David freeberg is CEO of a startup he can still be the queen is the main
00:03:07
product freeberg no so he's the king of beep he's the king of vegetables off the
00:03:12
Record wait wa wait is classified what crop you're working on yeah absolutely okay absolutely it's a SAS comp like a
00:03:19
SAS company wants to keep it on the DL which vertical they're going after Finance or sales whatever he's got to
00:03:24
keep those it could be carrots you never know he could be Captain carrots you never know just not Beats okay freeberg
00:03:30
we don't need more beets in the world yeah I'm going to say Noel dude be are delicious beets are delicious yeah
00:03:36
you're right no more beets beets with some feta cheese delicious yeah you're right we more be we need more um
00:03:41
brussels sprouts can be very good you know saut them look you caramelize the Sprouts very good let's make those
00:03:50
cheaper free BG yeah bigger and cheaper and more tasty you know you know what people people people dunk on but it's a
00:03:56
great vegetable is cabbage I like cabbage if you like shred cabbage into a salad
00:04:02
and you put a little olive oil little lemon little salt Chinese chicken salad like Chinchin in La that's nice exactly
00:04:09
yeah Sak did you like friberg's Christmas party last week how was it did you enjoy it as much as we did oh it was
00:04:14
great oh right saak didn't show up did I miss the party I thought it was next week who does a Christmas party first
00:04:20
week before you tell your story a very kind gentleman Rings the door to my gate I open the gate the guy drives in he
00:04:27
gets out he's like a big guy kind of says Mr fredberg and I'm like what am I getting served and he goes to the back
00:04:33
seat and I'm like oh my God I'm going to get shot he reaches in and he pulls out
00:04:37
a beautifully wrapped gift he's like this is from Mr Sachs Mr freedberg um happy holidays and then he gave me like
00:04:43
a touch on the shoulder or like he does this thing where he goes like this did a
00:04:46
little bow he got back in his car and he drove away a bow what is he shler it was
00:04:50
like a when you go to an amort he did the Aman thing that they do oh right that no no that wasn't his Butler that
00:04:55
was his valet that's his valet he stole the valet from the Aman the the it was the most thoughtful no show I've ever
00:05:02
had I will say sex well I'm glad to hear that I'm glad to hear that well what's funny is I just checked my inbox and my
00:05:09
invitation from you is sitting in there because I've been meaning to go but I didn't realize it was so soon so I'm
00:05:15
just looking at the date it was December 9th I didn't realize it was five days ago sorry about that someone in your
00:05:21
household did so we appreciate it someone new I went but this is my this is my second or third year going so I
00:05:26
pre I pregamed it I went and I got protein I got meat I ate a bunch of steak and a burger and then I went and
00:05:35
sure enough I talked to the staff and the staff said after much debate and Haring with freeberg he allowed cheese
00:05:45
this year you allow chees Sushi we had a whole Sushi platter thing no stop you didn't have sushi okay it's now now it's
00:05:50
my turn to tell the truth go ahead tell the truth Jamar I get in the car to drive 90 minutes 90 minutes to freees
00:05:56
for bad that's the poker trip for me by the way but yeah now and I Nat texts Allison and David we're on our way chth
00:06:06
wants to know will there be meat because I'm driving so I can't text be me and Ally says oh yeah don't worry they'll be
00:06:13
Sushi and the NAT text back okay we just got off the highway we're going home we'll see you later because we don't
00:06:19
believe says there's going to be fish fine I get there haven't eaten a thing I am starving ravenous I start I start to
00:06:26
work my way through the appetizers there's like slight green peppers and red peppers there's like some falafal
00:06:33
then there was a Spanish omelet all pretty decent okay and I'm like where's the sushi and so Phil de says a thousand
00:06:40
bucks there's no sushi and I said no there's free Berke texted me he said I've asked all the people working here
00:06:46
they say there's no sushi so I I bet him $1,000 I go outside to where the sushi is and you know how we used to make fun
00:06:55
of sky for having the filler fruit at the game cantaloup like cantaloupe and honeydew and that's all there was yeah
00:07:02
there was no sushi but there was two or three rolls with yeah four pieces of salmon strategically cut just laying
00:07:11
over I won the bet I was so hungry I was like what do I eat I'm starving so I keep eating the omelet I keep eating the
00:07:19
vegetarian food and then I see these brownies and I'm like I'll just have a brownie then I had two brownies and then
00:07:26
I was like okay I need to stop I can't I can't have this I'm and I'm still so hungry I walk outside J C where I saw
00:07:32
you we're having a cup of coffee and you know what I did I ate five baklava and then I was like this is disgusting I've
00:07:39
had no protein I've had no carbohydrates I've had no fiber I've had a [ __ ] 3,000 calories of sugar I grabbed Nat
00:07:46
and I charged home I was so mad he did he Irish mad I didn't see him say goodbye Irish goodbye freeberg and I
00:07:52
talked about it yesterday we talked it out but I was I I must have had 6,000 calories at his Christmas part coming
00:07:59
over to chof tonight yeah it's only going to be TR tip the whole night I'm sure not a singal Insight it sounds like
00:08:05
Jal pre-loaded the meat he uh did he got ready absolutely I on the way no seriously after last year last year I
00:08:11
left that party and I just typed in I just said to my you go to closest in an outb and I literally got a double double
00:08:20
and then I just had a second one on the way up this time I I literally had a steak for dinner and then I went and
00:08:25
then I I too had some po have you guys ever had Popeyes of course course I had never had it my son asked to get
00:08:32
it last week last weekend i' never had it can you believe it here we go it is the most incredible thing I've ever
00:08:38
tasted these Popeye sandwiches wow wait for the Out of Touch YouTube comments Jam is out of touch popey the problem is
00:08:45
not the eating of it it's it's how you feel two hours later but I mean I've had Chick-fil-A you know I've done the
00:08:50
chicken sandwiches at other places never po pies is incredible incredible so then I I I had
00:08:59
not almost on the edge of convincing her to go to popey's on the way home but we
00:09:03
missed the closing time so we couldn't get it I got go to starbird or bonchan those are two other Elite bro not not
00:09:10
I'm not talking fancy chicken I've had like the fancy chicken sandwiches I'm saying Popeyes is incredible I like it I
00:09:17
like austerity chath here we go have you had a FL of fish all right let's get the
00:09:21
show started here of course with me again the king of beep the dictator and the Rainman let's get to work everybody
00:09:29
epic the makers of fortnite just won a huge case with Google over the play app store
00:09:35
on Android phones for those of you don't know app stores have become an absolutely huge business for Apple and
00:09:42
Google Google App Store generates 50 billion dollar of Revenue a year now that's about 177% of Google's total
00:09:49
revenue Apple's App Store and services 85 billion in annual revenue these are on top of their franchises of hardware
00:09:57
and search but Jan San Francisco unanimously found that Google violated California's Federal antitrust laws
00:10:04
through sweetheart deals and annoying workarounds that stifled competition for example Google got spooked that other
00:10:12
game developers would follow epic's lead and launch their own app stores or route
00:10:17
people directly to their websites to avoid the 30% take rate some might call it attack Google calculated they would
00:10:24
lose 2 billion to 3.5 billion in Revenue annually if the other major game developers followed epic so they created
00:10:33
a program Coden named project hug where they basically P out bribes or incentives to discourage large
00:10:40
developers from building their own competitive app stores they also gave Spotify a sweetheart deal of
00:10:45
z% and Google paid Activision $360 million to keep in the Play Store and the discovery in this case was
00:10:55
absolutely wild according to testimony in the trial Google had deleted Ed some employees chat
00:11:00
logs and the judge told the jury to assume that the deleted information wouldn't have been favorable to Google
00:11:07
Dre only deliberated a few hours and Google plans to appeal the verdict obviously epic isn't seeking damages
00:11:15
they just want Google to change their practices they want to basically let people plug in their own Billing System
00:11:20
to avoid the 30% tax we'll see what happens next freeberg these stores clearly have monopolistic
00:11:27
characteristics but and Google actually allows for third party app stores maybe you can explain
00:11:33
why you think Apple won their case against epic but Google lost these are pretty different cases the Apple case
00:11:40
was a judge this one was a a jury of citizens in federal court I think it's worth just backing up
00:11:50
a minute and talking about the history of like apps on phones and how Android came to be prior to Google acquiring
00:11:56
Android you guys may remember there were a few companies that were were the dominant OS providers operating system
00:12:01
providers to mobile phones there was Nokia there was Microsoft there was Apple and there was
00:12:07
also blackberry and at the time a lot of the Telos the Verizon and AT&T of the world prior to this were trying to make
00:12:16
money by charging for people to install apps on phones so that was the first business model in the mobile internet
00:12:22
was the Telco would make money and everyone fought against it all the open internet providers said this is
00:12:27
ridiculous and it was clear that that was not going to be allowed so ultimately these operating systems
00:12:32
became the play and which operating system was on which mobile phone and what did that operating system then
00:12:38
allow to control what apps were allowed and so on so the reason Google bought Android is they wanted to make an
00:12:43
open-source alternative to all of these closed app and closed systems so Google bought Android 2005 made a huge
00:12:51
investment in growing the team and allowed anyone to use the Android OS Fork it make their own versions of it
00:12:58
install it on their own Hardware run it however they wanted meanwhile Google made an internal version of Android that
00:13:04
could be used on any mobile handset company's phone as a pre-installed OS now why did Google want to do this they
00:13:10
wanted to do this number one to make sure that the internet was still open and it wasn't going to end up being
00:13:15
closed from a user's perspective and number two so that anyone could install any app they wanted and the commercial
00:13:21
interest for Google which is number three is so that Google could make search Google search the default search
00:13:26
engine on that phone and have YouTube installed and all these other tools that Google makes money on including their
00:13:32
own app store now in Android anyone can install any app they want on the phone and so there's no restrictions unlike in
00:13:40
apple in in the iOS if you try and download an app off the internet and install it it has to go through the App
00:13:45
Store it has to be apple verified in order to be allowed on the phone so the whole point of Android was that it could
00:13:50
be open anyone could install anything what epic claimed in this case was that Google's Android OS gave people security
00:13:57
warnings so if you ever have tried this you download an app from a website on Android it says warning warning this may
00:14:03
cause a virus on your phone are you sure you want to do this this app hasn't been
00:14:07
verified by Google etc etc so it gives These Warnings that scare consumers off of doing that so epic can in you can
00:14:13
install fortnite Direct on your Android phone today and you can do it by downloading it from epic's website you
00:14:18
don't have to go through the Google Play Store and you can enter your credit card
00:14:21
and you can pay for stuff so it is it is an open system that allows that what these guys are claiming is that because
00:14:28
Google can default the Google Play Store on the phone it's basically what most consumers are going to use anyway and so
00:14:33
they're saying it's not fair and because they also have influence over the OS and
00:14:37
they're putting these security warnings it's inappropriate because now it's scaring people from downloading stuff
00:14:41
off the internet so that's the big claim epic's making so Google has already said
00:14:44
they're going to appeal this case because fundamentally again if this were really true and there really was deep
00:14:49
Anti-Trust issues with this you would likely have seen a federal agency come after Google not a private company suing
00:14:56
them in a civil case this would have been a much more more significant action If there really was Anti-Trust Behavior
00:15:02
but it's a lot easier to win a jury trial party to party where epic can go to a court and say hey let's go after
00:15:07
Google they're awful we make fortnite and all this sort of stuff so they do have a bias in that sense of being able
00:15:11
to do this Google's going to appeal they feel very strongly they'll win on appeal
00:15:15
and the markets obviously did a you know voted with the fact that Google stock didn't really move anywhere and the
00:15:22
market said hey this is a this is a nothing Burger Google's 40 billion in annual Play Store Revenue worst case
00:15:27
scenario like you said if gets impacted by $2 billion that's 2 billion out of 300 overall doesn't really matter and
00:15:34
likely they're going to win on appe peal anyway so you know I think the Saga will
00:15:37
continue um but I think Google's got a pretty strong case on appeal and it seems like you know it's going to be
00:15:43
very hard to kind of see a massive change in app store Behavior as a result of this case even though it's been hyped
00:15:47
up to be that that's my take on it yeah yeah great take chamath what do you think about this jury shopping and maybe
00:15:54
the fact that this isn't Lena con this isn't the FTC you know it's company to company do you think that the claims
00:16:00
here were valid do you think the jury shopping impacted this in a significant way probably I guess the simple thought
00:16:07
exercises what do we think the outcome would have been had this trial happened in Dallas
00:16:12
Texas probably different and so I think freeberg is right what does it materially prove
00:16:19
nothing with respect to the body of law it just goes to show that if you pick the right place to
00:16:25
convene these trials in the right format you can give yourself a slightly better
00:16:30
probability of winning but the question is what will you win it's not clear to me what happens now is there going to be
00:16:37
a damages portion now of this trial is that what happens next they're not seeking damages they want changes to how
00:16:44
they operate and they're trying to get a settlement and they want Google to settle out with changes to the App Store
00:16:49
policies that's what they're asking for and then what about the Epic versus Apple lawsuit is it being done in the
00:16:55
same way no they lost they lost and they appealed and there's one element that's
00:16:59
being appealed to the Supreme Court now but basically they lost and that's over and that was that convened in California
00:17:05
in a jury trial as well in San Francisco no that that was not a jury trial it was
00:17:10
a judge and but it was California yeah it was a bench trial in California yeah yeah it was also in Northern California
00:17:17
that's right yeah so sax let me bring you in on this do you think that these stores are monopolies and do you think
00:17:24
if they change their behavior especially Apple you know Alla the third party what impact that would that have on the
00:17:30
startup ecosystem because the 30% tax is significant and we see that every day with our startups I mean if you have to
00:17:36
give away 30% of your Revenue to Google and apple it's brutal and then you're advertising on Apple and Google and
00:17:43
Facebook that's another 30% of your revenue or 50% of your Revenue yeah no I agree with that so first of all these
00:17:51
app stores are absolutely monopolies within their ecosystem and Apple and Google Android are absolutely a duopoly
00:17:59
within the mobile space my experience with these types of monopolies or Gatekeepers is that they
00:18:05
exercise more more control and extract more and more of the value over time it's an iterative process in which they
00:18:12
just keep you know extracting keep taxing keep keep imposing more rules on the ecosystem for their benefit and to
00:18:19
the detriment of innovators and so I do think they have to be controlled and I think epic is doing the ecosystem a
00:18:24
favor for example on this 30% rake that you're talking about J C that level of rake might have been appropriate for
00:18:32
certain types of apps like a hobbyist app where it's literally 100% margin okay you pay 30% to the App Store it
00:18:39
doesn't work for SAS companies I mean I can tell you that I mean this would be like half of their gross margin or
00:18:44
something like that it doesn't work for a lot of companies that spend a lot of money on content creation like epic
00:18:51
which spends a lot of money in R&D to grade a game like fortnite break their models immediately
00:18:57
or Amazon with kind and so what happened is it used to be the case that Amazon could have a link
00:19:04
in their app at least directing the user to go to the amazon.com website and you
00:19:08
could buy the book there and you could circumvent the the the rake in the app and it was inconvenient for the user but
00:19:14
at least there was a way around it then Apple banned those links then they banned the ability for the app to even
00:19:21
message to the user what was happening so if for example if you use the Kindle app on iOS which I do all the time you
00:19:29
can't buy a book in it and the reason why is because Amazon doesn't want to pay the 30% rake but they can't even
00:19:34
tell you that it just looks like it's broken functionality so those of us who know go to amazon.com through the
00:19:40
browser and we buy the book there and then it magically appears in the Kindle app we've all had that experience so I
00:19:46
just think that these duopolies have to be controlled I think that it' be good if the government could figure out
00:19:51
better ways to do it I don't think m&a is the right way to do it we've talked about this before I think that
00:19:57
restricting anti-competitive tactics is really the way to stop it and like I said I can't speak to the the details of
00:20:04
epic's case but I do think they're doing the ecosystem of favor here by pushing back on these monopolies and helping to
00:20:10
keep them under control 100% agree with you saxs in your take and I think actually other people should join them
00:20:16
and the industry should really Force this issue because you are absolutely correct that they're boiling the Frog
00:20:21
now they did make some cuts under a million I think they charge 15% on the first million so they try to be nice to
00:20:26
the smaller developers pull it up not look it's actually the larger ones too pull up the the link I just said so
00:20:32
you'll see here Google charges um through the Play Store if you D if you want to have distribution I mean think
00:20:37
about the Play Store as being like a retailer you make clothing you need to have a retail store that someone can go
00:20:42
to and buy stuff the retail store has to make money you're not going to have a retail store that's free so how does the
00:20:47
retail store make money well they charge 98% of apps as you can see here are free
00:20:52
because you know they they don't make any money on that but then if you start to charge subscriptions it's 15% take on
00:20:57
automatically renewing subscriptions where it's easier the second year yeah yeah it's easier no each year look at
00:21:03
the second no it's for renewing so I know this because of Comm so in the first year it's for it's for renewing
00:21:10
subscriptions subscription products so all subscriptions that have an automatic renewal feature to them are instantly at
00:21:16
15% and as a result you know you can think about the what is it worth to get a user to not have to enter their credit
00:21:22
card info you know plus the credit card fees it's like 15% is not too crazy honestly I'm just you know I'm not
00:21:28
trying to be a super Google advocate but I'm just saying like I don't think that's too crazy and then they've got
00:21:32
this like negotiated tier where if you are a very large app developer and you want to go and negotiate with Google
00:21:37
they have a bis Dev team like Spotify and others get where they'll negotiate fees down and you can actually go and
00:21:43
like argue for better economics so they've tried to be commercial which I'm guessing is probably why Lena Khan and
00:21:49
others haven't gone after them for Anti-Trust monopolistic Behavior because they've tried to find the the
00:21:54
comfortable place where it's not going to be too crazy at least that's my read on what's going on on because otherwise
00:21:58
I mean obviously folks would be all over him you know if it really was monop the
00:22:02
boiling of the Frog issue is the one for me because then they want to charge you
00:22:05
now for placement in the App Store and get revenue from you there oh yeah I mean that's that's Amazon too Amazon's
00:22:11
got that like everyone's gotten every D Toc company in the last five years has gotten obliterated their unit economics
00:22:16
are upside down now and we've talked about this both Google's taken out the margin but Amazon forces you to buy ads
00:22:22
in order to get product placement yeah and then they force you to pay all the extra fees for inventory Amazon everyone
00:22:28
way more than any of these digital app this is the perfect place for Lina con to get active I think and the
00:22:33
settlement's super easy the entire industry should come at them in unison tons of lawsuits group lawsuits until
00:22:41
they allow when you turn on your Apple phone the ability to load Amazon's App Store epic's App Store whoever else
00:22:48
wants to have an App Store that should be your right if you buy a hardware device it should be your right to load
00:22:52
these and they shouldn't be ankled in any way and that's the other thing Android does all kinds of ankling to
00:22:57
make make those with those popups and hey this isn't safe Etc they should have a verified App Store program Amazon's
00:23:04
App Store epic's app store they should be verified or something and maybe they pay 5% to have a verified App Store but
00:23:10
yeah this is a this is going to be an ongoing issue and we'll see more of it I think so let's go on anybody else have
00:23:18
thoughts on it no okay so in other news open aai is started to cut licensing deals if you remember we had a big
00:23:27
debate about this back on episode 115 in February and I was saying hey this content is owned and and the opportunity
00:23:36
to create llms or derivative products you know is the right of the the people who make that content saak you told me I
00:23:43
was going to get rolled over but here we are I wouldn't say I said you're going to get rolled over what I said is the
00:23:48
ecosystem is going to figure this out okay let's play the tape if chat GPT takes a Yelp review and a you know a
00:23:56
cond n traveler review and they represent it based on the best content out that's out there that they've
00:24:02
already ranked because they have that algorithm with page rank or Bings ranking engine and then they republish
00:24:06
it and then that jeopardizes those businesses that is profoundly unfair and not what we want for society and they
00:24:12
are interfering with their ability to leverage their own content is profoundly unfair and those magazines and
00:24:19
newspapers need to what's that you're steam rolled that hair there it is man is my
00:24:25
hair worse now or then yeah your hair was cut back then I think you were like postco back then yeah much better right
00:24:33
now look like a toue ni can you can you just show us a picture of that it looks like you're in the Common Era that was
00:24:40
like a like an early ad this is like the Common Era now you know that's that's a
00:24:45
toue that's a t it does look like a t it looks like a raccoon okay J K I'll got some comments on this because I think
00:24:52
your fluffer has has fluffed too much on the upper parts and and unflued the bottom Parts which I think mean listen
00:24:59
don't criticize him when he was in an in between phase we all go through an inet
00:25:02
phase with our hair it's it's part of the process now I know why we're talking about this topic J KS because you think
00:25:07
you it's it's a total non-story or it's I shouldn't say it's a non story let me finish let me let me finish it off the
00:25:12
our okay so just so we know what's going on here openai announced a licensing deal with Axel Springer to bring
00:25:18
real-time news from Politico and the fake news from Business Insider two cha B thank you you literally sound like
00:25:25
Alex Jones I mean Tucker thank all F news from F news that is true he is right about that I got one thing right
00:25:35
as part of the deal Axel Springer can use chat GPT to improve their products includes all European sites this is on
00:25:41
top of the deal that open ey did with the Associated Press but most importantly most importantly I'm gonna
00:25:47
throw it you in a second most importantly when chat GPT relies on these sources it'll include a summary
00:25:52
and a link back other examples of Licensing are happening all over the industry Adobe is using stop images for
00:25:58
theirs and stable diffusion as you know that brazenly used Gettys images are being sued so freeberg you thought this
00:26:07
was unrealistic but here we are no I don't agree with your Framing and I think that I think it's unrealistic for
00:26:13
you to frame this as of validating or justifying the fact that these companies won't be able to access and utilize open
00:26:21
data under fair use to train models so that's what's G on historically right so the open web you know we a little bit
00:26:28
about where folks can get content from the open web you can browse the internet you can download all this content it's
00:26:33
all freely available it's readily available it's in it's in the open domain and then you can train models and
00:26:39
then the models can ultimately make stuff based on all that training data what this deal is is it's actually a
00:26:45
Content integration deal and I'll read this with the partnership chat GPT users around the world will receive summaries
00:26:52
of selected Global News content from Axel Springer media Brands including y yada including otherwise paid content so
00:26:58
what chat GPT is doing is they're accessing content behind a pay wall and they're be able and and instead of
00:27:04
training models on it they're able to fetch that data as a retrieval aspect of the chat GPT service so now you as a
00:27:11
user want an update on hey what's going on with Donald Trump it can search not it can not just use its training data
00:27:17
but it can recognize that hey there's a current event news question embedded in this query and I can go fetch that
00:27:24
current event news answer from this content that I've now paid for so it's not a training data set that's that's
00:27:30
now being unlocked which is what the complaint was before that all the open web data was being used for training but
00:27:35
it's behind pay wall data that can now be fetched and integrated and I think it's more interesting because it really
00:27:41
speaks to a new model for how the internet will work which we've talked about which is that there may be these
00:27:45
sort of new chat interfaces that cannot just send you to another page and Link you over somewhere but can fetch data
00:27:52
for you and present it to you in an integrated way in the response it's providing and these Services have to pay
00:27:57
pay for access to that so Che you know open AI it's a three-year deal they're paying tens of millions of dollars to
00:28:02
Axel Springer to access their closed content and present it to the user so I think it's quite a bit different than
00:28:07
you know using training data uh which is what you know the complaint was the first time around and it's more of like
00:28:12
a really interesting front end feature for what chat GPT is becoming saak you wanted to add to
00:28:18
that I don't really have a lot to add to that I think fre did a great job explaining that issue I mean look I
00:28:24
think jcal you've had a little bit of an obsession with this copyright issue and well protecting protecting rights
00:28:29
holders I do uh believe in I don't know freeberg makes a really great point which is there's a difference between
00:28:36
copying somebody's copywritten work which would be a violation of copyright and using content that's available on
00:28:43
the open web to train a model to create entirely new content and I do think that
00:28:50
AI models should be able to use the content that's available on the web under a fair use doc do to train
00:28:58
their models for the benefit of consumers and um I don't see a reason to try and tie that up in a bunch of
00:29:04
copyright lawsuits if Chad GPT is producing a plagiarized result then you may have grounds for a copyright
00:29:10
infringement claim so what I would say is you know when you look at that fair use Doctrine I've got a lot of
00:29:16
experience with it having done this in blogs and and other content companies you know the fourth Factor test I'm sure
00:29:21
you're well aware of this is the effect of the use on the potential market and the value of the work and if you look at
00:29:28
the lawsuits that are starting to emerge it is Getty's right to then make derivative products based on their
00:29:34
images I think we would all agree stable diffusion when they use these open web that is no excuse to use an open web
00:29:41
crawler to avoid getting a license from the original owner of that just because you can technically do it doesn't mean
00:29:47
you're allowed to do it in fact the open Web projects that provide these say explicitly we do not give you the right
00:29:54
to use this uh you have to then go read the copyright laws on each of those websites and on top of that if somebody
00:30:01
were to steal the copyrights of other people put it on the open web which is happening all day long you still if
00:30:07
you're building a derivative work like this you still need to go get it so it's no excuse that I took some sight in
00:30:13
Russia that did a bunch of copyright violation and then I indexed them for my training model so I think this is going
00:30:19
to result free free can you shoot me in the face and let me know when this segment's
00:30:25
okay all right so segment is now over I was about to throw it to you I mean like
00:30:32
stop with this Naval gazing nonsense we're in inning one and nobody knows anything and the most important thing is
00:30:41
that this will get sorted out through trials that's where you were right Jason it's going to go to court and it's and I
00:30:47
think we should just not opine on this stuff because it's esoteric at best and it's kind of like whatever well some of
00:30:54
it will go to court other ones will be done in the free market market like we see here another thing you care about
00:30:59
this more than most people because you are a journalist and you think this going to put people out of work I am a
00:31:03
content creator I'm also an author as you know and a podcaster and they create all kinds of content I do think that you
00:31:08
should get permission before you leverage people's work to create div derivative products correct and actually
00:31:14
you're starting to see this in uh Dolly and chat GPT seems to be getting ahead of this because of all the the incoming
00:31:20
lawsuits check this out I started asking Dolly to make me Star Wars characters of
00:31:25
bulldogs and I said make a Jedi Bulldog it did that no problem then I asked it to make a version of this using uh and
00:31:32
make a Darth Vader and it said I'm unable to generate images based on your request due to our content policy if you
00:31:38
have other ideas and Concepts you'd like to BL feel free to share so I said make
00:31:43
me a Sith Board Cat and it basically made me Darth Vader and so it's very clear that the team over at open AI is
00:31:50
now taking prom engineering you're like a clever prompt engineer there well yeah
00:31:54
I got a round copyright here right and so how silly like all of this stuff is this is just a a drag coefficient on
00:32:02
development of AI because and on users cuz now you've got to like word your prompt exactly the right way well I
00:32:08
think what they're doing is they know that Marvel and all the Disney characters all the Star Wars characters
00:32:13
they're very protective of their IP Disney is going to launch their own Dolly type stable diffusion product
00:32:18
where you can do this put yourself on a star make a Star Wars character not going be any good at this it doesn't
00:32:23
matter if they're good or not it's their IP and so fans can create their own artwork that's in the vein of like a
00:32:29
Darth Vader M they can but they can't do it commercially and what chat jpt and open ey here is commercial because I pay
00:32:35
$20 a month to chat GPT so that's what you're missing a fan of course can make a Jedi cat or whatever all right well
00:32:41
all I know is you played this like way back video from episode 15 or something February no no no it okay from episode
00:32:49
115 as if you had you guys never want then it turns out that freeberg totally blew up your case he didn't blow up my
00:32:56
case I I will be right and continue to be right okay now let's go to something we can all we're definitely not striking
00:33:01
this segment I liked it let's go no no no no it's spicy we like a little spicy here I didn't even have to refute you
00:33:05
freeberg just did it it was beautiful well I mean listen Okay you came in you thought you had the goods admit it no
00:33:12
he's like playing this way back video from like 45 episodes ago I finally got him I finally got saxs I was finally
00:33:18
right about something if you hadn't claimed you never used the word steamroll I would have never played the
00:33:22
clip oh my God I have some live footage I just want to go through it and just talk about it strike it I
00:33:28
strike anyways yeah so guys there's this copyright thing I wanna okay hold on let
00:33:33
me let me just reframe let me just start that again okay you know copyright issues are okay wait hold on a second
00:33:39
hold on a second well listen there's this thing I want to talk about copyright but hold who are you doing oh
00:33:47
these are a super NBA Live stre when you do a deal for okay hold on when you write
00:33:54
something and you want to get okay hold on hold hold on everybody that writes gets a chance okay hold on a second I
00:33:59
mean if I could get up that high I would miss the dunk and still be Happ about you can't just take content he's about
00:34:04
to steamroll okay all right thank you I strike let's keep going strike strike everything come on J Cal
00:34:12
you teed up the way back clip of yourself you teed up the way back clip of yourself so you brought I knew you were
00:34:19
going to deny it and I just you brought this on for you to deny yeah but you you
00:34:24
tried to dunk and it didn't work okay okay okay has to take the piss out of me I don't know I'm seeing a trend
00:34:31
no don't bring up the way back Clips unless you have a clean dunk all right here we go don't bring it to the hoop
00:34:37
and then Breck it break it break it he had a receipt it turned out the credit card was
00:34:44
stolen okay here that's pretty good all right here we go you know who actually deserves credit
00:34:53
for admitting that he was wrong all we'll get to we'll get get okay Red's coming here we go great
00:35:02
transition great transition great transition here we go Elon versus the FCC another government agency is now
00:35:07
targeting Elon this is a little bit complicated but let me explain on Tuesday the FCC rejected star Link's
00:35:14
application for 900 million in subsidies for Rural Broadband starlink originally won
00:35:20
these back in 2020 when they agreed to provide high-speed internet to 640,000 rural homes across 35 States funding
00:35:27
would have come from the rdf rural digital opportunity fund I guess the government is paying for expanding
00:35:35
Broadband services in rural areas uh and Starling obviously is perfect for that it's actually the only solution for this
00:35:41
really she can't run fiber to these locations so the FCC found that Starling quote had failed to meet its burden to
00:35:49
be entitled to those funds and here's the quote FCC has a responsibility to be a good Steward of limited public funds
00:35:56
funds meant to expand access to rural Broadband not fund applicants that failed to meet basic program
00:36:03
requirements Brendan Carr one of the fcc's Commissioners dissented from the agency's decision and he did not hold
00:36:10
back last year this is a quote after Elon aquired Twitter President Biden gave federal agencies a green light to
00:36:16
go after him today's decision certainly fits the Biden administration's pattern of regulatory
00:36:21
harassment this is a decision that cannot be explained by any objective application of law fact or policy Carl
00:36:28
went on to explain uh how his decision was made and why it's unprecedented instead of applying the traditional FCC
00:36:34
standards to the record evidence which would have compelled the agency to confirm star Link's $885 million warant
00:36:41
the FCC denied it on the grounds that starlink is not providing highspeed internet service to all these locations
00:36:47
today as noted the fcc's Milestone does not kick in until 2025 let me toss to usak thoughts on the Biden hit squad
00:36:55
going after e I mean I can't remember anything quite like this this is absolutely extraordinary I mean you have
00:37:02
a sitting member of the FCC telling us that the FCC is engaging in political retaliation he sits on the board of the
00:37:09
five commissioners of the FCC they just canceled an $885 million contract to starlink what was that contract for to
00:37:15
provide rural internet service starlink is the only company that has that capability today it's the only one that
00:37:22
has that capability if you look forward a few years it is by far the best providing Broadband from space which is
00:37:28
the best way to get into these rural areas so what did the commission do well they cherry-picked they took speed test
00:37:35
snapshots from two cherry-pick moments in time and so even that probably was not an accurate reflection of where
00:37:41
starlink is today but they then said based on those snapshots that starlink would not be able to meet the standards
00:37:48
in three years so remember the requirements that they're saying that Starling violated don't even have to be
00:37:55
met for three years so somehow they're saying that starlink will not get there in three years
00:37:59
they're preemptively judging the service to meet a standard that is not even required to meet today and nobody else
00:38:06
is even close to meeting the standard so elon's response to this was guys okay if
00:38:12
you're going to cancel the contract for us like just save the money because the competitors that you're giving it to
00:38:19
have even less of a service than we do yeah so just like save the taxpayer the money but they're not doing that so this
00:38:26
is really remarkable and what Carr said here is that the bid Administration is choosing to prioritize its political and
00:38:33
ideological goals at the expense of connecting Americans we can should reverse course this is now part of a
00:38:40
pattern of the federal government harassing Elon and his companies and it all stems from Biden at that press
00:38:46
conference saying we got to look at this guy you know like Tony Soprano yeah we got to look at this guy you know
00:38:52
whatever um I mean it was like and so since that's a nice restaurant you got they'd be terrible if anything ever
00:38:58
happened to it yeah J you do the I can't do it at any event so Biden says this press conference we got to look at this
00:39:05
guy and since then they've investigated Tesla for supposedly building a glass house which I didn't know was a crime
00:39:11
that's amazing yeah SpaceX which is partially a defense contractor was sued by the doj because they were hiring too
00:39:20
many Americans and didn't they weren't hiring enough refugees into sense of National Security Ro
00:39:27
that they would surely be sued for doing if they other way and now they're they've canel a contract for SpaceX
00:39:34
having the best service in the space but somehow missing a goal that they're not
00:39:38
required to meet for three years this is harassment it's transparent yeah and the
00:39:44
question I have is do we want to live in a country where the government can engage in this kind of naked political
00:39:50
retaliation against its critics and I have to say you know there was a there was a Time in America where you know
00:39:57
Nixon was roundly attacked for having this quote unquote enemies list where supposedly you know he had made a list
00:40:03
of all his enemies and the IRS was auditing them okay we are so far beyond that point and the media isn't
00:40:11
interested at all and no one's really interested unless you like what elon's doing but if you don't you know if
00:40:17
you're on the opposite side of the political Spectrum as Elon you don't care and there's nobody who's willing to
00:40:23
say in a neutral way that political retaliation should not be part of our system I mean we we have a presidential
00:40:29
candidate running specifically saying I am your retribution I mean this is something that has to stop across all of
00:40:34
politics nobody should be using their political power to do any retribution against anybody they should be operating
00:40:41
the government efficiently in the best interest of all Americans to be honest okay so maybe I don't like that rhetoric
00:40:47
from Trump I don't think it's helpful but what did Trump ever do that's in this league I mean everything they
00:40:52
accuse Trump of doing the fascism the retribution all that kind of stuff seems to me the Biden Administration is doing
00:40:59
here yeah well I mean he says he's going to do it he says the first thing he's going to do is go after journalists and
00:41:03
do you think Trump did no retribution when he was in office I mean I have to look through every single
00:41:11
issue heever done one it's interesting I mean one doesn't come off the top of my
00:41:14
head I I'm trying to remember if he ever said I'm G to go after this person or that person I don't remember an instance
00:41:19
of him saying he said lock her up that was and he never did it Trump was all talk in this respect he didn't
00:41:27
yes this is what Peter teal said like you know his quote about him like just look at his actions not at what he says
00:41:32
he he saber rattles and he says he's going to do retribution against everybody but you know then he doesn't
00:41:37
so even talking about Trump in this context is a deflection jcal the action is being taken by the Biden
00:41:42
Administration they've now weaponized multiple federal agencies to go after Elon on these cases that seem
00:41:47
transparently trumped up a glass house not hiring enough refugees to National Security roles canceling a contract for
00:41:55
the for starlink which is by far the best rural internet service how do you even justify it these cases on their
00:42:01
face I'm Not Jus I'm 100% I'm in 100% agreement you think there's this is politically motivated harassment of Elon
00:42:09
by the Biden Administration 100% he said it he said it and he didn't invite him to the eveve summit so you just take
00:42:14
Biden at his actions if you don't invite B if you don't invite Elon to the EV Summit it's obvious that he's got it in
00:42:21
for this guy and now it's obvious he's told people to you know investigate him and harass him it's obvious so why do
00:42:28
you think they don't like him why do you think Biden doesn't like him why doesn't
00:42:33
Biden like him because he's nonunion it's obvious that's that's the beginning and end of it I mean I'm sure the
00:42:37
freedom of speech things and you know Twitter doesn't help but this predates Biden is a union guy and he will not
00:42:45
have non-union people he will not support nonunion people he is bought and sold by the Unions that's 100% And Elon
00:42:50
said that that may be how it started but I think you're underrating the Free Speech aspect oh I I I said it could
00:42:57
have to do with that but it's definitely that's the number one issue and more importantly s more importantly you're
00:43:01
saying enabling dissenting voices strongly desent absolutely I think I think that from the get-go they have
00:43:08
sought to exercise control over the Twitter formerly Twitter now xplatform because it is the Town Square for
00:43:16
political speech sueded they succeeded the FBI everybody they had total control of it until Elon somehow bought the
00:43:22
company which was not in their plans frankly that was just a fluke I mean that was something that Elon did out of
00:43:27
the blue because he cares a lot about free speech and he opened up the Twitter jails and you know stopped the
00:43:33
censorship and opened up the Twitter files and we found out that this was not just a private company acting on its
00:43:39
own it was being directed or encouraged by they giving TW they were giving him list of tweets saying hey these tweets
00:43:48
probably violate your terms service yeah you know and the FBI acting as the quote
00:43:53
unquote belly button of the whole federal government directing all these takeown requests totally on americ I
00:43:58
think that the pattern of actions more than anything mandates that Biden and his team actually have to address
00:44:05
publicly why it is not retribution the absence of doing that the absence of doing that at this point is going to be
00:44:12
more damaging to them than just letting things go on and claiming down the road hey this is all part of the normal
00:44:18
course of business now the guy do why why why would they address it why do they have to address it the media
00:44:23
doesn't hold him accountable the media doesn't report it the media protect like the Twitter files never even happened
00:44:27
remember that zero mainstream media coverage of the Twitter files zero mainstream media coverage of
00:44:34
these retaliatory lawsuits why would the B Administration need to explain itself
00:44:37
why would they even talk about it the fix is in well I mean now the question is being I think the mainstream media
00:44:43
are stenographers for one side of the political Spectrum which is precisely the reason did you guys on it's
00:44:49
precisely the reason why they're so upset with Elon with opening up free speech on Twitter cuz they had total
00:44:56
control of the public discourse until he did that did you see that thing this morning where somebody called out the
00:45:02
New York Times for selectively editing what Hunter Biden said to make it more broad broad did you see that Jason yeah
00:45:10
they he basically said my father has not financially been involved in my businesses and the New York Times took
00:45:17
out the word financially to make it more broad to say he's not been involved in my business obviously was involved in
00:45:22
his business did really yeah there's a clip where they show the article and they show and then they show his
00:45:28
interview and the interview is very clear he says it but the New York Times headline omits the word and doesn't
00:45:34
doesn't put it in a bracket so that it shows that it was edited it shows that that was the quote can you pull it up do
00:45:39
you have do you have that thing so crazy let me find it that's crazy I mean I would like to think there's a
00:45:46
possibility this was a mistake but man it's pretty bad I mean this is really bad by the New York Times and they got
00:45:52
to figure out who actually took that word out because it's pretty clear Biden was very involved in Hunter
00:45:58
businesses and that's why he put that word financially in there because he was on I think he's on
00:46:05
all the documents as being part of it and he's in the emails so he was the brand J ah there it is thank you Nick
00:46:12
you're very good at finding these things there okay so if you look on the left that's the article in the New York
00:46:19
Times and it's clear that that was the quote and then if you play it on the right it's actually what he said let me
00:46:25
State as clear as I can my father was not financially involved in my business wow yeah and
00:46:33
then quote says let me stay as clear as I can my father was not involved in my business now if in journalism you could
00:46:40
put an ellipsis after involved you know three dots and but why would you do that
00:46:46
this is like breaking very basic journalistic standards this is my point there's like a format right when you
00:46:50
edit out a word like that yeah you would only edit out a word if it was superflous and you wanted to have a
00:46:56
tighter quote you know if the person said M ah you can take that out and if you were taking out a long quote you put
00:47:02
three dots and then you it would show that you cut the quote there was something in between and then you went
00:47:06
to that in the case of something this important you would never take out a keyword like that that this is just
00:47:13
journalism 101 so I mean if this happens man it is it's the key word in the sentence by the way it's the key word in
00:47:21
the sentence it is it's the key word in the sentence so if the person took it out man who took it out
00:47:26
and this is the problem with the New York Times is they bury their Corrections they need to and this is
00:47:32
back to accountability you're saying freeberg the Biden Administration has to explain why they excluded Elon from the
00:47:37
EV Summits and the New York Times needs to explain why they did this or else you
00:47:41
know the mind wanders that there's some conspiracy going on here or targeting and I wonder if they changed it well
00:47:47
here's the live story is it changed in the story did they they change it yet Luke Broadwater I mean Luke Broadwater
00:47:53
is that a name from Central Casting that's not a real name is it is it I don't know oh it looks like they posted
00:47:57
a correction oh here we go correction an earlier version of this article misquoted Hunter B you said my father
00:48:02
was not Financial was not my father was so the only room I have here is if the person was live transcribing it maybe
00:48:09
and they left it out but this is too important to not have a fact Checker go through it and to have to get called out
00:48:14
on it to fix it it just shows how far the this is the equivalent though J C putting on the front page I did not kill
00:48:21
that person and then a day later it buried in page 812 I actually did kill that person I mean if you the correction at
00:48:30
the bottom of the story is good everybody sees the front page very very few people you would agree with me very
00:48:35
very few people see the correction in the old days they would put the correction on like A2 A3 of the paper
00:48:41
and it would be small and be at the bottom in the digital age you put the correction at the bottom of the article
00:48:45
so it's a little bit better but the truth is most people don't go to the bottom of the article so there's an
00:48:50
argument to put Corrections at the top of the article but journalists don't want to admit when they're wrong I think
00:48:56
the I saw I saw a list of all of the organizations investigating Elon and what was surprising was how broad some
00:49:05
of these organizations felt that they had a mandate to look into him so there was
00:49:11
like I I want to say Nick maybe you can find this on Twitter but they had a list
00:49:14
of them and it was like the Bureau of Land Management had an investigation I mean it just makes no sense like it just
00:49:22
does not smell Right In fairness Elon involved in many many very important projects so there would be a lot of
00:49:30
agencies that speaks to overregulation and then you have to drill down and say okay when are they actually targeting
00:49:35
him and so that's going to be a lot of part fish and wildlife you know Health and Human housing I mean it's a list
00:49:41
goes on you might some he fished in the wrong Pond or what what's no I think my understanding of it is you know at Star
00:49:50
base there's some estuaries or something and there was a lot of estu I mean yes we we protect animals and
00:49:59
whatever this is something that happens all over the the country where and California is actually probably the
00:50:04
leader in this but I think some crabs might have got burned not in a barbecue but by the rocket I mean literally that
00:50:12
and then this is this this speaks to what risk are we willing to take to make progress as Humanity freeberg remember
00:50:17
we had this discussion about self-driving cars like if getting to Mars and being
00:50:23
multiplanetary kills some crabs I think we should be okay with that in fact if it decimated I mean it's not decimated
00:50:30
but let's just say 100 square miles got decimated by getting to Mars on planet Earth well you'd make that trade-off
00:50:36
right yeah it's a I mean this is the same standard I think I feel around if there's a mouse infestation in my house
00:50:44
I'm not going to let the mice live in my house even though I'm completely ethically against killing
00:50:50
animals killing animals to eat when I have other options I'm against and I think animal testing and medical
00:50:55
applications I have a totally different standard than I think what is standard in the market today so for me it's like
00:51:01
a a pretty sensitive topic because my ethics are don't kill animals unless absolutely necessary and the question is
00:51:06
what is necess what is the definition of necessary and so these sorts of points that you're making about you know if it
00:51:12
gets all humans to Mars that might be a trade-off worth making for some crabs I don't you know it's
00:51:17
like hard oning the analogy here are you saying that elon's the mouse the rocket may have killed the
00:51:25
mouse The Regulators own the house wait what's the who's the mouse and who's the
00:51:28
house the house is the rocket ship clearly the think the mouse in the house right yeah yeah let's pull up this quote
00:51:36
from Brendan car as the FCC commissioner I thought this was amazing this list is
00:51:40
incredible this is the FCC commissioner he said he said the doj FAA FTC nlrb sdny
00:51:48
and an F WS I guess it's fish and wildlife have all taken action the FCC now joins them man that's incredible
00:51:55
yeah it's a little bit nuts look at that Biden quote where I didn't actually know
00:51:59
about the second part I knew about the first part where he says we got to take a look at this guy but then he was asked
00:52:05
how President Biden responded there's a lot of ways a lot you you know there's a
00:52:09
lot of ways there's a lot of ways to get to somebody I can get to you you might be able to get to me I might be able to
00:52:15
get to you and uh you know maybe you watch your back you know you know what else Biden said there's a lot of ways is
00:52:24
when he was talking about the the northstream pipeline and he said that pipeline's not going to move forward and
00:52:31
then they said yeah but the Press said to him yeah but that's that's like a German Russian project like how what's
00:52:37
your involved how you do he said we got ways there a lot of ways we got ways wow
00:52:43
ouch okay so on the Counterpoint obviously Elon has several pretty sprawling businesses he has selfing cars
00:52:50
right and they push right they push the envelope on you know where there's an existing regulatory framework same with
00:52:57
going to Mars right same with transmitting internet services Wireless Communications like you know there is a
00:53:02
regulatory framework for all of these businesses and he's on the bleeding edge and typically beyond the framework to
00:53:07
some degree so I think it's like worth acknowledging at least that there's a a necessity of scrutiny and involvement in
00:53:14
these agencies given that they do have regulatory Authority and and responsibility over these various
00:53:19
businesses and he's well beyond where anyone else is in each of them so I just want to acknowledge that hold on let me
00:53:24
respond to that yeah he's well beyond where other people are in his industry in terms of innovation he's the first to
00:53:30
acknowledge because I've heard him say this many times that he's in highly regulated Industries and they've got you
00:53:36
know massive compliance programs at Tesla and SpaceX and all these different companies what we're judging these
00:53:43
Regulatory Agencies on is not that there's a need to regulate elon's companies within the framework of their
00:53:50
Industries but rather the specific actions that that are being brought remember dojj suing SpaceX for
00:53:59
not hiring enough refugees right Tesla being sued on this Glass House business whatever that is and now those those are
00:54:05
voluntary actions in a FCC canceling a contract yeah three years speak volumes they actually exactly three years before
00:54:14
the they even need to judge that contract whether that contract's been met 100% happened uh this week which I
00:54:20
think is important along this vein is that the IRS is in charge of making sure that you can claim the $7,500 EV tax
00:54:27
credit for cars and a lot of us that have been looking at this issue the way that they break the EV tax credit is in
00:54:34
half and part of it is about where the material is sourced and part of it has to do with the total sum of certain
00:54:42
components of the car and how much of those are made in the US Etc okay and it was presume just based on the trend that
00:54:51
Tesla would lose half the credit keep half the credit and in a bit of a surprising
00:54:56
move they the IRS came out and said the whole thing we're not going to acknowledge anymore so Tesla had to go
00:55:03
and put on the website that the credit ends as of December 31st so I would add the IRS to this to this list as well
00:55:11
that's so crazy it's all got to be investigated I like freeberg suggestion that prove to us that you're not doing
00:55:18
this at this point because it's pretty clear that it is happening and it's good luck luck them to do that just on the um
00:55:27
on that EV subsidy you know one of the perverse things about this is that the administration is putting the thumb on
00:55:34
the scales against Elon in favor of these less Innovative competitors who have worse products so like Elon said if
00:55:43
you want to cancel our contract for starlink to provide this rural broadband that's fine to save taxpayers the money
00:55:50
but by all means don't then give the money to these other services I can't deliver what's the point of that and
00:55:55
same thing on the electric cars I mean the subsid is going to these other car companies that make worse products yeah
00:56:00
totally this is the key point the the fact is all of those people who just had their Starling canceled through the
00:56:06
government I guarantee you they will buy Starling because it's the best product so irony of ironies they're just going
00:56:14
to go spend 60 70 80 bucks a month to put their own starlinks in like everybody else around the world who
00:56:19
lives rurally I have Starling one more thing to add they under pressure from regulator they announced a recall on
00:56:27
Tuesday of 2 million cars to to fix some of the autopilot software yeah but that's an overthe a update so the Press
00:56:33
went crazy about that right no no no what I'm saying is if you read the if you read the article that overthe a
00:56:39
update is specifically because of again how it's written regulatory pressure to change how the software behaves some
00:56:47
tuning in some edge cases my point is that one could guess that there is an attempt here to kind of do the death by
00:56:55
a Thousand Cuts approach right the the drip drip water torture of just like a thing over here a thing over here a
00:57:01
thing over here a thing over here eventually companies can get distracted and misfire and so the question I do think
00:57:10
is like you know does it make us better off if all of these little ticky tacky footfalls
00:57:16
are enforced by the government I think I think we all know what the answer is no
00:57:21
we have an example that Microsoft got so distracted by their cases that the company went sideways for a decade well
00:57:27
but that I mean I think there was a lot of good basis for that particular anti that was an antitrust case and Microsoft
00:57:33
clearly had a monopoly just on the recall thing I did see that story at the top of drudge or whatever last week
00:57:38
whereas it said every Tesla has to be recalled and when I see the word recall yes I think that means you got to bring
00:57:45
it to the dealership and get like some part swapped out but that's not what happened no well what's so interesting
00:57:51
is they refuse in these articles I can show you the New York Times version of it they refused to write that it's
00:57:56
actually an OTA update breaking news I don't know if you guys saw this but a billion five iPhones were just recalled
00:58:02
for the 17.2 update so everybody's gonna have to bring their iPhones in 1.5 billion iPhones Rec call I got to bring
00:58:09
it to the store yeah you got to bring it to the store and then they give you this
00:58:12
new journal app I don't know if you got it in the latest update but Apple made a
00:58:15
journaling app so that you can have more acity yeah that's the recall yeah it's Total Recall all right listen now we
00:58:22
keep the red meat going saxs is cooking with oil Alex Jones the controversial conspiracy commentator of Infowars Fame
00:58:30
is back on Twitter after Elon did a poll he got two million people to respond asking if he should be reinstated 70%
00:58:37
said yes of course Jones encouraged his fans to vote in this poll so I'm not sure how scientific it is for background
00:58:42
Twitter permanently banned Jones in 2018 after accusing him of posting direct threats of violence and hate speech he
00:58:49
had already received bans from Apple Facebook and YouTube he's pretty much the the number one person to be
00:58:55
deplatformed as you know Jones was ordered to pay $1.5 billion to the families of eight Sandy
00:59:01
Hook victims this is across two cases in Texas and Connecticut and here is Jones
00:59:09
in his own words on the Sandy Hook parents Sandy Hook it's got inside job written all over it Sandy Hook is a
00:59:17
synthetic completely fake with actors in my view manufactured I couldn't believe
00:59:23
it at first the new town kids oh they take them put them in our face tell us their names who they were I heard an ad
00:59:32
this morning on the radio Bloomberg paid for locally going I dropped Billy off and watched him go around the corner and
00:59:39
he never came back all because of the guns won't you just turn your guns in for my son why'd you do it to him gun
00:59:47
owners forgive my language but that guy okay there it is folks guy we have a that guy but does that censor him
00:59:56
unfortunately not but I absolutely cannot stand that that is just like heart-wrenching like evil awful spewing
01:00:05
out of his mouth and he still you know should have a right to speak but man that guy I was never a big crier part of
01:00:14
it was just my defense mechanism and I remember Sandy Hook because I had just become a
01:00:22
parent I had I think kids by that point and I was uncontrollably crying when that happened and it was the first
01:00:31
time I realized how you change as a parent and you just develop this empathy and then you realize how
01:00:39
precious kids lives are and I've become more and more of a crier as my kids have grown
01:00:46
older and I really appreciate that what my kids have done for me so when I hear him talk like
01:00:53
that I yes he has a right to say what he wants but he is a complete piece of yeah okay
01:01:01
so let's get into this very difficult question and sax I don't want to force you to defend you know one of those
01:01:08
horrible humans I think we can all agree well my my position is pretty similar to
01:01:11
what the other guys said which is what he said was odious however that doesn't necessarily mean he should be censored
01:01:17
we have standards we have First Amendment standards around this AG with that I agree with that so first of all
01:01:22
let me back up I mean I didn't even really know who Alex was I mean I only knew him because of
01:01:27
the controversy I've never actually listened to a show I'm not really interested in what he has to
01:01:32
say I do think that if you're going to play this clip of his mistake going back many years you should supplement it by
01:01:39
playing a clip of what he says now and what he says now is he's apologized he's admitted he made a mistake he basically
01:01:46
bought into a conspiracy theory by it wasn't just him saying it apparently he had some people on the show who I don't
01:01:53
know if they were reported experts or what but they were making a case that the whole Sandy Hook thing was a hoax
01:02:00
and it was being done to basically you know get people's guns I mean look it's nutty stuff I'm not defending it in any
01:02:07
way but he explained that he bought into that into that theory or hoax or whatever and he thinks it's a terrible
01:02:14
mistake and he's apologized for it and the question is are you going to have a lifetime ban on
01:02:20
somebody for saying things that were wrong and odious when they have now apologized and for me it's not about
01:02:29
Alex Jones it's about censorship remember when this case happened way back in 2018 it was really hard to
01:02:37
defend keeping this guy on the platform in light of what he had said and done because everyone's reacting very
01:02:43
emotionally to it and it was people like Defenders of free speech like Len Greenwald who said that listen if you
01:02:49
take Alex Jones out now if you have a permanent ban it will basically be a slippery slope and it will create a
01:02:56
precedent and other people will get banned and sure enough just two years later Twitter was Banning people like
01:03:03
Jay boria Stanford doctor for saying dissonant things about covid that turned out to be completely correct remember we
01:03:10
authored the great barington declaration talking about how lockdowns wouldn't work and so on and so even within two
01:03:17
years of this decision around Alex Jones the censorship was totally out of control and so I think the people who us
01:03:25
that Alex Jones would become a slippery slope ended up being completely correct to me that's the symbolism of the
01:03:30
restoration of Alex Jones's account it's not endorsing what he did it's not saying that what he said wasn't odious I
01:03:38
mean look again I have zero interest in even listening to the guy but the point is that free speech does require us to
01:03:46
put up with people who are wrong people who are even hateful sometimes and stating misinformation
01:03:54
people who put out misinformation that's what Free Speech requires us to do and if you want a
01:04:01
different standard it's going to become a precedent for a lot of censorship that
01:04:05
you don't like I agree with sax the the only place where I disagree with saxs is
01:04:09
on Twitter not having a right to do this as a private Enterprise I think Twitter
01:04:14
had a decision to make on what kind of editorialization they wanted to do with the content on their platform on their
01:04:20
product and they made a choice I don't think that I think it was the wrong choice personally
01:04:25
and we've talked about this in the past I think you know it's it's great that elon's making a different choice and
01:04:31
Catering to a you know a different audience perhaps with a different product that has more open speech but
01:04:37
that's not you know a government free speech mandate that's a private Enterprise mandate and I do believe in
01:04:44
the right to free speech I think it's a little bit ironic to say that it's inappropriate when someone says
01:04:52
something that is misinformation because it's incorrect or unprovable when we have an entire group of people that
01:05:00
believe in something called religion and much of religion is based on this concept of faith and belief without
01:05:06
necessarily hard proof or evidence and we allow religion religious speech you know in in many forums without saying
01:05:15
hey that's misinformation or hey it's not true or hey it doesn't meet the standards of X or Y or Z's scientific
01:05:21
assessment or understanding and so I think it's just worth acknowledging that this whole concept that someone has to
01:05:27
ultimately be the police of the truth and the police of fact and the police of information is going to lead to a bad
01:05:32
place and I'd rather have more free speech with people saying misinformation and saying awful putrid things than one
01:05:38
where a few people get to decide what everyone gets to hear so as much as I absolutely despise this guy you you may
01:05:43
be right that Twitter as a private company had the the right as our laws currently exist to decide who they were
01:05:50
going to suspend and ban from the site however once that censorship power was created it attracted powerful entities
01:05:59
from our government who wanted to co-opt and use that power that's what we saw in
01:06:02
the Twitter files with the ad FBI agent sending takedown requests that's what happens is when you create the
01:06:08
censorship power people will abuse it it people abuse it but but more to the point it's such a tempting power to use
01:06:19
by people in Authority right it's like the ring of power those tools that Twitter created it's like they released
01:06:26
a pheromone or something that attracted all these powerful shadowy actors from the federal government in the FBI and
01:06:32
all these agencies and so that that is why I think it's just very dangerous for even private companies to create these
01:06:38
censorship regimes is that they can be co-opted and and abused being co-opted and abused is the issue I don't think
01:06:45
that the issue is their choice in what kind of content they want to put out you can go to the Netflix kids version of
01:06:52
Netflix and kids they they control what content is on Netflix and they provide a
01:06:56
different version than what they provide to adults and I think like editorializing the content platform that
01:07:00
you're making available whether it's user generated or paid for or whatever is a totally reasonable like approach to
01:07:07
running a business a Content business the the point you're making is the right one which is the point at which you
01:07:12
allow government agencies to intervene and have control and manipulation over private citizens user generated content
01:07:19
is where I think it crossed the line so I I don't disagree with you on that point may I ask to Qui clarifying
01:07:24
questions here because I'm I'm curious how you would handle this if you were the CEO of X forly known as Twitter
01:07:30
would you have reinstated Alex Jones yes or no and then number two if Alex Jones then as a new
01:07:37
member of the community who's been reinstated and forgiven because he apologized and then he did this again
01:07:43
this exact same thing again with another school shooting with parents would you remove him for the platform I don't know
01:07:50
that these are yes or no questions what I would say is that I've written what I think should be a speech policy for
01:07:56
social media Platforms in a blog post I did several years ago and what I said is
01:08:02
that I would take first amendment case law and operationalize it for social media platforms there are nine
01:08:10
categories of speech that the Supreme Court has said are not protected speech because they're dangerous in some
01:08:17
way so for example incitement to violence is one of them you know harassment is one of them so I would use
01:08:23
this clearly falls under those two well people his fans went and knocked on the doors his fans did his
01:08:30
fans did so as I understand the whole Sandy Hook thing what happened is he said the whole thing was a hoax that
01:08:35
obviously wasn't true he paid a huge price for that his fans then some of his crazy fans went and harassed the parents
01:08:43
which obviously is not right but according to him he didn't and I I don't know that anyone's shown that he did
01:08:49
that I don't think he encouraged that it just happened by got somech fans well of course he does
01:08:57
it's a conspiracy show so knowing it's a conspiracy show knowing that incitement
01:09:01
to violence is one of your criteria if his fans after him saying it's fake then went to the house knocked on the door
01:09:09
and asked the parent to see little suie because you know she's alive would you kick him off the
01:09:15
platform listen the barington Declaration on the barington Declaration was declared to be
01:09:22
a conspiracy show the idea that Co originated in a lab was considered a conspiracy show I don't think you can
01:09:28
prejudge in advance that a show is quote unquote dangerous factually wrong conspiracies as I understand it again I
01:09:38
haven't watched the show but I did watch a clip by Joe Rogan Who provided something of a character reference for
01:09:43
Alex Jones I don't know if Nick can find that and play that it was actually quite
01:09:46
good what Rogan said is look I've known Alex Jones for like 30 years he's had problems with alcohol abuse substance
01:09:54
abuse whatever he's had um mental health issues that he's acknowledged and sometimes he goes off the rails at the
01:10:00
same time he's also been way ahead of the curve on certain things for example he told me about the Epstein Island like
01:10:07
10 years before the story broke I don't know how he figured that out but somehow
01:10:11
he did now that was a conspiracy theory until it was proven true and it probably would have been a
01:10:16
good thing for the public if that story had come out a lot sooner so that it could have been shut down a lot sooner
01:10:22
so I don't think you can just judge an advance that somebody's a conspiracy theorist and basically blackball them
01:10:26
from the internet one other data point I want to bring up is that this is something that Elon mentioned is that he
01:10:34
looked at the Twitter tools the admin tools to see to look at Alex Jones's account and the third strike he received
01:10:42
that that caused him to be banned from the Twitter platform by the former management was he actually insulted a
01:10:49
reporter which was a very borderline case so you know the things that you're saying that he was banned for weren't
01:10:56
even the reason he was banned yeah no that's true I I think yeah so that's why I was framing it to you as you know and
01:11:04
this is the issue that I think it maybe what some people are missing here a mentally ill person like himself if he's
01:11:10
admitted to mental illness and substance abuse when they do this real when they when they go on these TI rides or they
01:11:15
go off their meds or whatever it is or they're just evil and they do this for Ratings to make money it starts to cause
01:11:21
real world harm people start showing up on these people uh doorsteps and so then
01:11:25
are you going to wait 10 years for the courts to do this $ 1.5 billion judgment and then make the decision while real
01:11:32
world harm is occurring and if you own the platform my belief is you have a higher standard obviously believe in
01:11:37
freedom of speech he can make his own website but if you own the platform and the platform enables him to reach a
01:11:42
large number of people and those people are being harmed and parents' doors are being knocked on demanding to see their
01:11:47
children because Alex Jones said that child is still alive and they're trying to take our guns and he knows his fans
01:11:52
are crazy there's responsibility that comes from this and there's responsibility that comes with owning a
01:11:57
platform like this I know elon's going full freedom of speech but I would be very careful about this Steve scalise
01:12:03
the house Republican whip was shot by a crazy Bernie Sanders supporter does that
01:12:07
blame go to Bernie Sanders I think you have to separate there is hold on there there is a legal standard for incitement
01:12:15
right okay there's a legal standard for judging that you're saying that these crazy people were incited but there is
01:12:21
actually a legal way of determining that I don't think that's been proven I would
01:12:25
do a common sense one which is do we see real world happening I would just use common sense do we see real world
01:12:31
happening okay real world is happening we own the platform we need to stop this which is what happened that's a judgment
01:12:38
standard right yeah I would I would make the Judgment if I was the CEO I'd make the judgment and I would make the
01:12:42
Judgment based on you know the courts are going to take years to to adjudicate this and it's my platform I don't want
01:12:48
this happening I would operationalize a Content moderation policy based on first M case law you're
01:12:54
right that you can't always wait for the courts to adjudicate it there's going to
01:12:56
be judgment calls I would have been fine I think with the suspension of Alex Jones in
01:13:02
that context because it does seem pretty egreg just and need to apologize for it
01:13:05
the question is whether there should be Lifetime banss and I'm pretty much I think I'm against lifetime banss I'm
01:13:12
okay with timeouts I'm okay with suspensions for egregious behavior when somebody has apologized
01:13:20
they've I mean had to pay I mean I think he's been bankrupt he's had to pay all these
01:13:25
fines I think he's paid his price to society so to speak and he's admitted he was wrong the question is do you still
01:13:32
have the lifetime ban it seems to me he's acknowledged this mistake if he does something like this again then you
01:13:39
can suspend him maybe you do the ban but I do believe in giving people Second Chances and I'm just sort of viscerally
01:13:46
against lifetime Banning people I don't like the standard of what can be deemed dangerous Speech cuz I think that
01:13:54
as saak said there's a clear way to measure whether someone's inciting violence or inciting harm versus saying
01:14:01
speech that can be deemed dangerous in some contexts and then not be deemed dangerous after the fact covid vaccine
01:14:08
conversations are the perfect example telling people that there's health risks associated with taking a vaccine uh in
01:14:15
the period when everyone was worried about a pandemic killing us all was deemed too dangerous to allow and after
01:14:21
the fact it wasn't dangerous because there were suddenly clear evidence that there may be some costs and benefits
01:14:27
associated with the vaccines and so I really don't like this standard of dangerous speech in fact I think that
01:14:32
the biggest changes that are necessary in society initially start as dangerous speech and then they eventually become
01:14:38
true and then they become a standard and then things change my my repeated calls
01:14:44
for reduction in fiscal spending at the federal level and lack of accountability
01:14:49
in fiscal spending at the federal level by some measure could be deemed dangerous speech and an incitement
01:14:54
against the government but really my point is to call out the importance of this like issue and after the fact it I
01:15:01
may be right I may be wrong and I need to be able to say that I think it's critically important to say those sorts
01:15:07
of things and I think that other people in their own domains will find other things that are critically important to
01:15:11
say and that would be deemed by some standard to be dangerous at the time so as much as I have great disdain for you
01:15:19
know certain people and certain things that they may say I do think that what might be deemed dangerous speech is a
01:15:24
critical element of the the kind of progressivism that's allowed the United States to prosper I think it was
01:15:30
dangerous speech to promulgate the false conspiracy theory that Trump was an agent of Putin I mean that was in the
01:15:37
steel dossier they basically said that Putin had compromat.ru in the white house that was
01:15:54
a private document right that wasn't like a public was absolutely leaked during the campaign you're making my
01:15:59
point exactly it's leaked right so there's like a private document by somebody I but then it was printed by
01:16:04
BuzzFeed and then once it was in the Echo chamber it was endlessly repeated by the mainstream media so the idea that
01:16:10
like only people like Alex Jones promote conspiracy theories the mainstream media
01:16:16
promotes a lot of conspiracy theories and some of those theories if acted upon by crazy people would be just as
01:16:22
dangerous as the things that Alex Jones has said yeah we're in hypothetical end but actually I think you and I are not
01:16:28
too far apart you wanting to take these harms and operationalize them is sort of
01:16:32
what I'm saying and in each of these cases it's a judgment call and this is where I think you know I in in many ways
01:16:39
I'm proud of what Elon is doing and saying like freedom of speech is an absolute thing and that's what the
01:16:43
platform is going to be his right to do it it's his platform and so I'm fine with that I would I would do something
01:16:49
different if it was my platform everybody's different you know everybody can can take their stance I would have
01:16:54
some basic Humanity as my stance and I I would be willing to give up a little freedom of speech in my restaurant in in
01:17:01
my Cafe in order to have it be more delightful for everybody there I wouldn't go as far as Banning people
01:17:06
talking about covid but yeah if somebody was trying to claim that parents have murdered children were liars and actors
01:17:13
that would be fine for me to say yeah no good um and then of course there's Kanye
01:17:17
so you know Elon ban Kanye that was under his realm and and this is what Kanye said and I think this falls into
01:17:23
speech and real world harm I'm a bit sleepy tonight but when I wake up I'm going death death Con 3 on Jewish people
01:17:30
the funny thing is I actually can't be anti-semitic because black people are actually Jew also you guys have toy with
01:17:35
me and tried to blackball anyone whoever opposes your agenda so when you see this
01:17:39
tweet would you have banned him sax or is that ban I might have given him a timeout I think his family wanted him to
01:17:45
get a timeout because he was having an episode I certainly wouldn't give him a lifetime ban give him a year or
01:17:50
something look I don't really know this Jones guy I certainly don't know him in person I don't even listen to him it's
01:17:55
not a show I'm interested in even now I only know conspiracy theory I like knowing the truth I like hearing facts
01:18:04
and I don't believe that factional information like the lab leak Theory should be censored by labeling it a
01:18:12
conspiracy theory yeah for example but what I would say about Alex Jones is there is some Humanity in allowing him a
01:18:20
forum to apologize for what he did and acknowledge his mistake and explain why he thought what he did and why he was
01:18:29
wrong and that's what he did on X and I went on the Twitter spaces and I asked him a follow-up question which he
01:18:34
wouldn't answer I said how have you changed your behavior yeah but honestly Jing he wouldn't answer it you came
01:18:40
bounding in in the last five minutes asking him a bunch of questions about what he did when it had already been
01:18:45
covered at the top of the Pod and I listened to it and he had not answered the question how is your behavior
01:18:50
changed and so he doesn't want to talk to he spent the first half hour Rel litigating Sandy Hook and you weren't
01:18:56
aware of that want go over it again 10 minutes but he he won't answer questions on how he would change his behavior and
01:19:02
so I think that's one of the things I would want to see from him how have you changed your behavior and how you you
01:19:07
know do shows and I don't think he's answered that question anyway we're going to disagree on this one any final
01:19:12
thoughts jamat as we wrap here on this on this issue the Free Speech litmus test is is
01:19:18
very simple it's this exact thing it's when the person that you like says the thing that you find very displeasing
01:19:25
what do you do and I am a free speech absolutist on this I just think it's a very slippery slope and I don't think
01:19:32
we're very capable of making these delineations and so I agree the right solution are
01:19:39
timeouts but lifetime bands I think again go down this path where human judgment gets involved and then it's
01:19:45
about the person in charge and then it becomes a power play and then it eventually always gets
01:19:50
corrupted so I can hold two thoughts in my head one Alex Jones should be able to
01:19:54
say what he thinks and two it was disgusting and he should be ashamed of what he
01:20:00
said yeah you know the band's doubling every time is probably a good precedent as well so I mean we should do it like
01:20:06
we do at our proger game the fines go up yeah phone penalty D phone penalty doubles exponential back
01:20:12
off I mean you're gonna you're gonna put your phone down and play the goddamn game if it gets to 800 or 1,600 because
01:20:18
that stings a little bit so there it is yeah it totally does but maybe that's the right solution Jason like you have a
01:20:23
finding mechanism somehow and it just like it increases and so there's a financial penalty of nothing else as
01:20:28
well as a timeout when you violate these laws at least that's a scalable way to yeah solve the problem in a way that's
01:20:36
hard to corrupt and game but if it goes down to the person to an individual or a
01:20:41
group of people's judgments as we saw with the previous management of Twitter I think it's going to be a very
01:20:47
difficult problem I don't think that those were bad people but I think that they were LED
01:20:50
astray yeah I mean Nick do you have that clip from Rogan cuz when I listen to this clip from Rogan it did have an
01:20:57
impact on what I thought because it theyve friends for like 20 years yeah it does show the human
01:21:03
complexity and again you're judging him based on the worst thing he ever did and
01:21:08
Rogan presents a more balanced Viewpoint about this guy again I have no dog in this hunt I don't really care about Alex
01:21:15
Jones but I'm just saying that if we're going to sit in Judgment of people I think maybe we should have a more
01:21:21
balanced view cuz I mean it does bias the conversation to play the clip of the worst thing he ever
01:21:26
did let let's play Rogan for a second I think it's interesting look at the way people look at Alex Jones now because
01:21:31
Alex Jones has been on my podcast a few times the people that have watched those
01:21:35
podcasts think he's hilarious and they think that he definitely fed up with that whole Sandy Hook thing um but he's
01:21:43
right more than he's wrong and he's not an evil guy he's just a guy who's had some psychotic breaks in his life he's
01:21:51
had some genuine mental health issues that he's addressed he's had some serious bouts of alcoholism some serious
01:21:58
bouts of you know substance abuse and they've contributed to some very poor thinking but if you know the guy if you
01:22:06
get to know him like I have I've known him for more than 20 years and if you know him on podcast you realize like he
01:22:12
is genuinely trying to unearth some things that are genuinely disturbing for most people like this is a guy that was
01:22:21
telling me about Epstein's uh Island decade ago at least yeah I mean this platforming mentally ill people
01:22:33
during an episode is a whole another can of worms I mean I told this to Lex Reedman when he had Kanye on during that
01:22:38
episode I said I think it's a very bad idea to spend two hours with somebody who's having an episode and sure enough
01:22:44
what did he do more anti-semitic Insanity on his podcast and I just told him Lex like leave the guy alone it's
01:22:50
not worth it let him get help look I think I think you have a point there but um you know that that would be an
01:22:56
argument for a temporary suspension not a ban in my opinion yeah all right sax in other news something insane has
01:23:03
happened on the Internet it's never happened before but somebody has apologize for getting something wrong
01:23:10
this is breaking news we're in year 34 of the internet and somebody says they is it my wife is it my wife did she she
01:23:17
she's never gotten anything wrong I've listen I've been there for this whole relationship she has been 100 out of 100
01:23:23
times correct on frustrating it's so frustrating I mean if she makes a mistake we'll know but it hasn't
01:23:29
happened yet actually paradoxically same with my wife she's been right for 22 years no my wife has been wrong four
01:23:35
times and I've gotten three on voice memo I tape them I pull out the phone and I'm like hold on I
01:23:41
need you to say it again yeah so I've gotten three on voiced but it's because it's been only three did those three
01:23:46
have something to do with deciding to marry you or to move in with you and make children and start a life together
01:23:53
it's so frustrating how can one person be so wrong I.E me all the time well I mean at least your self aware everybody
01:24:00
loves self-aware CH Cham it is God a new trend in the world but yes Nim TB publicly admitted we're going to pull it
01:24:09
up here sax here we go he publicly admitted that techno watermelon that's your name sax that was his insult I
01:24:16
don't really understand the insult I never understood it either I think he's saying your head is the size of a
01:24:20
watermelon and that you're involved in technology that's my was my interpretation I don't think you have a
01:24:24
melon head or does it mean like I'm green on the outside and red on the inside or something like somehow I'm
01:24:29
supporting communism or I don't I don't really understand it but that has come up um well listen it's better than mine
01:24:35
I'm a psychotic ignoramus so he you know he hasn't retracted that for some reason
01:24:39
not yet not yet but I we'll have at some point I'm sure he will uh but here it is
01:24:43
folks well he just said I can see that David saaks is correct about the relative strength of the parties in the
01:24:48
Ukraine war and I was wrong all caps Russia is not as weak as it seemed it has staying power this means the
01:24:55
settlement is likely outcome anyway um it's so rare on the internet for anyone to admit they were
01:25:03
wrong and what they usually do is do memory hole it which is why you know I always like to produce receipts I only
01:25:11
do that for the people who strongly denounce me about something and then I end up being right they never con see
01:25:16
it's not just about the fact that I was right it's about the fact that they attacked me personally and they never
01:25:21
come back and apologize or or correct the record and TB did that so kudos to him I mean I admit when I read this I
01:25:29
was like you know like a saor yeah I'm like okay what's the gotcha this can't be
01:25:35
happening wa for it follow twet I thought a trap door was going to open under my feet I thought a cartoon piano
01:25:41
was going to fall on my head I just I thought this can't be it and but no that was it so well there it
01:25:48
is uh Kudos by the way just I mean the reason why I understood what was going to happen in this you know counter
01:26:00
offensive and why the war is not going to go as well as people thought it's not because I purport to be some sort of
01:26:05
Ukraine expert or Foreign Affairs expert I mainly just spent the time to figure out who the real experts were and the
01:26:12
real experts are never the people who the media tells you you actually have to spend the time to look at people's track
01:26:18
records what they said in the past did it come true or not you know it's it's basically a falsifiability standard look
01:26:25
at what they predicted look at what actually happened and you can figure out who the real experts are and that's what
01:26:31
I did in the case of Ukraine it was possible to figure out who are the foreign policy Scholars who got this
01:26:36
right who are the military bloggers who are accurately reporting information and
01:26:40
who are the ones who are basically putting out propaganda if you spend the time to do that on virtually any issue
01:26:45
you can effectively become an expert it's a great Point SX really good point yeah well you have to you have to find
01:26:52
your own process for finding the truth today because I don't think you can trust the journalists out there to do it
01:26:57
def 100% And and by the way as a VC people say well what does the VC think you know in a way like what VCS do is
01:27:04
when you get interested in a topic you kind of go deep you try to assimilate a lot of information you try to figure out
01:27:08
who are the real experts in the space so that those are the people I should listen to and then you develop a take
01:27:13
it's not the worst skill set in the world for doing a pod or um tweeting out hot takes on on Twitter again I'm not
01:27:20
saying I'm an expert I'm just somebody who is independent-minded enough to get to the bottom of an issue without dis
01:27:27
relying on what I'm supposed to believe and I just try to figure out who the real experts are all right producer Nick
01:27:33
are you there you did a tweet about questions that people might want to have to ask the besties here as we wrap up
01:27:38
this episode we'll take two your two favorite questions producer thoughts on the Harvard board standing behind
01:27:43
president gay despite her transgressions okay that's a good question that's that's a good one for Jamal here's what
01:27:48
I'll say I think that the Harvard board was probably in a really difficult position in the following way you know
01:27:56
when you hire somebody and you realize that that person has some faults you have three choices right one
01:28:09
is to fire them two is to be unequivocal in their support and three is to basically
01:28:19
give a milk toast cya kind of a statement to give yourself time the reason why I think that
01:28:29
President gay wasn't fired was probably because the board for whatever reason didn't want to seem like they were cow
01:28:35
to to Bill Amman and all the other people that were asking for her resignation but what they didn't do is
01:28:42
equally important they may not have fired her but what they also didn't do was come out with an unequivocal
01:28:46
statement of support I think it was kind of a little bit wishy-washy and acknowledging her
01:28:52
mistakes which seems to be a setup to allow her to basically make a couple more mistakes so that then they can fire
01:29:00
her and they can all seem like they did the right thing so I suspect that that's
01:29:04
what happens she probably won't be in that job in a year from now or you know she kind of muddles along and in two or
01:29:11
three years she quote unquote retires to spend more time with her family anyone else want to get it on
01:29:16
this sex yeah I mean I think this University presidents debate has been a little bit of a roar shock test and I've
01:29:21
seen people that I generally agree with fall into one of two camps some see it as a
01:29:27
free speech issue other people see it as a kind of woke double standards or Dei issue I think for those who see as a
01:29:34
free speech issue they're emphasizing the motivations of people like Elise stonic
01:29:40
the person who asked the university presidents the question in saying when she said basically the the question was
01:29:46
does your code of conduct allow calls for genocide of juice and their argument is that's a
01:29:53
loaded question because there is not an epidemic on campus of people calling for
01:29:58
genocide of Jews and so this is basically all kind of an invented hysteria and the purpose of it is to
01:30:05
suppress debate about this Israel Hamas war in Gaza and it's designed to expand campus speech codes so that it's harder
01:30:15
for Palestinian supporters to protest in favor of their cause so one way of looking at it my view on that is if it
01:30:26
ends up being the case that campus speech codes get expanded in that way that'd be a bad thing I don't think we
01:30:33
need to restrict speech on campus so I agree with them on that point however there is a different way of looking at
01:30:39
this which is the motivations of the University presidents in answering that question and yes it was a loaded
01:30:45
question but they flubbed the answer and the question is why because as we talked
01:30:49
about last week if they were asked about calls for the murder of any other group
01:30:55
a racial group or trans people something like that Asian again I don't think their answer would have been the same
01:31:01
and I do think that that comes back to the fact that they have a preconceived notion of which groups deserve
01:31:07
protection and which ones don't and that is a double standard and I think anything we can do to get rid of that
01:31:14
poisonous ideology that wants to treat people differently on campus I think is a good thing and so I support what bill
01:31:22
akman is doing on that basis but if Bill akman goes too far and demands restrictions on the ability of students
01:31:28
to protest then I think it would be a bad thing and that's going too far so this would be a great thing to ask him
01:31:34
like what his motivations are that you know if he comes on the Pod the thing that's crazy is that just the crazy
01:31:40
hypocrisy like these are the same people who were firing people or not letting them speak on campus if they had a you
01:31:47
know a microaggression where they didn't they missed gendered somebody or they used a different pronoun or they had a
01:31:54
different feeling about what defines a woman versus a man or you know gender differences whatever their massive
01:32:00
intolerance and the crazy hypocrisy which you're alluding to here Sachs is the thing that I think has broken
01:32:04
everybody's brain like this is bizarre and the DI stuff is a road to nowhere I tweeted today about the absolute uh
01:32:12
grift that was going on in Tech not long ago uh which was call out a company Venture firm whatever it is for their
01:32:19
Dei stats then quietly them after you've done this Brig ading of them and say hey
01:32:25
we can solve your problem hire us as consultants and speakers to come in and fix your Dei and tell you what you've
01:32:31
done wrong and then publicly come out and I saw this happen publicly come out and then tell the same group hey this
01:32:38
person's now an ally rinse and repeat it was a crazy grift and it's all coming out now and there's a yeah that that
01:32:44
bill akman thing j that you retweeted is crazy that story yeah so we could just go down this Rabbit Hole forever but I
01:32:51
think you call it a call Tock I call it a Road to Nowhere or a dead end identity
01:32:56
politics in Dei it's just a dead end when you start judging people based on you know any criteria other than their
01:33:02
character and performance in the world do we know if there was a response by MIT is this one MIT yeah yeah I don't
01:33:11
I don't think yet there has been so anyway we we'll cover that story next week for sure I think what bill is doing
01:33:17
is brave because he is taking on Dei and that is or historically that's been one
01:33:22
of the most dangerous things you can do I mean that is what people get canceled for now I know there there are people
01:33:29
who I am fans of like like Lenn Greenwald who's been very critical of Amman because he thinks that amman's
01:33:35
trying to restrict free speech and prevent again the pro Palestinian cause from protesting or saying it's peace and
01:33:45
I guess Bill can clarify that but I think this issue is less about foreign policy and more about domestic policy
01:33:52
these Dei policies and finally we have someone who's willing to take it on and challenge it challenge it at an
01:33:58
ideological level and then challenge it at like a just Griff level yeah shout out to Brian Armstrong he got this right
01:34:05
and and he went right up the hill and took the arrows for it and I think we've turned a corner I if you the tweet I did
01:34:11
today I would not have done two years ago because I just didn't want to you know risk my firm or the companies I
01:34:17
work with you know to kind of expose that grift because could it could blow back on people so but now I feel totally
01:34:24
comfortable doing it so Uber's at 70 well that Al say Uber Uber is 76 puts me in I don't care mode that's for sure
01:34:33
he's got Fu money now amman's got a lot of Firepower you know that Bond call was
01:34:37
totally right you know the 10 years now sub 4% I will say yeah I will say that does your your bank account does give
01:34:44
you the ability to okay final question please we we must wrap we must have a final question and please throw it to
01:34:50
Friedberg first I got freedberg involved early on offense today it's a great show from mom
01:34:56
cooks fast and slow on X uh for Friedberg I guess what is the correct way to hire kids out of school now that
01:35:02
an elite University degree tells you very little about the applicant and will you follow this path in your own
01:35:07
companies oh I have a great answer for that Tim go ahead no please let free you gotta go to the schools with Co-op why
01:35:16
because it allows you to evaluate these kids in C2 on a real-time basis without an obligation to hire you can find the
01:35:23
ones that can really do the work have the energy Co programs please it's for people don't know I went to a co-op
01:35:29
School University of waterl in Canada the way that it works there not not everywhere but there at least is you go
01:35:37
to school for the first eight months and then you never get a break you're either
01:35:41
in working for four months or you're in school for four months and you go back and forth until you graduate so instead
01:35:47
of graduating in four years you graduate in five but you graduate with with basically two full years of work
01:35:54
experience and depending on the employers that you work at you typically get two to three job offers from those
01:36:02
folks if you do a good job when I was helping to build Facebook we went there we had never hired an intern
01:36:10
before and we started to hire people and I think now it happened in Microsoft it happened
01:36:15
to Google I think it's happened to Facebook if you look at the number of kids that work at those schools now from
01:36:21
Co-op Schools they're higher than any other school there's a bunch of schools in the United States that have
01:36:27
co-op but I would go and find those schools and hire those kids freeberg any thoughts you're now running a company
01:36:35
you're back in the saddle how are you going to hire people and tell everybody the name of
01:36:40
the company again uh it's called ohal ohal not M ohal and uh you're Mahalo was taken who owns that domain name now I
01:36:49
still have it yeah if somebody wants to I have Mahalo and I have CA happy to sell it to somebody if they want it but
01:36:57
tell us how what's your hiring criteria and how do you think about this now like
01:37:00
to start an Enterprise software business called kakua it means to help or to guide in
01:37:06
Hawaiian so probably the third or fourth most important word yeah go ahead freeberg please I have criteria around
01:37:12
raw horsepower skills or experience and then motivation and I have systems for how we try and assess those and then
01:37:20
matching our principles it's kind of the fourth bucket of things horsepower you can test skills is based
01:37:27
on experience and fits the role and the need but motivation is one that there's a lot of question marks
01:37:33
around does this person have they demonstrated that they've had a not just a desire but an action that they've
01:37:41
taken that has pushed them beyond the limits of the systems that they've operated in and that's what I would
01:37:47
typically look for regardless of the the schooling background the educ a background is is some demonstration of
01:37:53
that because that's necessary in in business building so those that's that's my framework for hirings we call it you
01:37:59
know smarts or horsepower skills motivation and then principles and we score each one of those and then try and
01:38:04
come up with hiring you do that with the CEO candidates I got that email from you
01:38:09
and I was very intrigued so I like that all right everybody this has been another amazing episode of the all in
01:38:15
podcast for the king of beep and the dictator and the Rainman himself I'm your boy J Cal we'll see you next time
01:38:24
bye love you guys byebye let your winners ride Rainman David and instead we open source it to
01:38:36
the fans and they've just gone crazy with it love you queen [Music] of Besties are that's my dog your driveway
01:38:52
ta man oh man myit meet me we should all just get a room and just have one big huge orgy cuz they're all this useless
01:39:01
it's like this like sexual tension that they just need to release somehow we need to get merch
01:39:15
[Music] our I'm All [Music] In

Badges

This episode stands out for the following:

  • 60
    Most shocking
  • 60
    Most unserious (in a good way)
  • 60
    Most polarizing
  • 60
    Most controversial

Episode Highlights

  • Mullet Madness
    In a humorous segment, the hosts discuss mullets and hair styles, leading to a playful fit check.
    “Did you send him that and say fit check?”
    @ 00m 33s
    December 16, 2023
  • Epic vs. Google Verdict
    Epic Games wins a significant case against Google, raising questions about app store monopolies.
    “These app stores are absolutely monopolies.”
    @ 17m 51s
    December 16, 2023
  • The App Store Dilemma
    Apple's restrictions on app links create challenges for companies like Amazon and Epic.
    “Apple banned those links then they banned the ability for the app to even message to the user what was happening”
    @ 19m 16s
    December 16, 2023
  • OpenAI's Licensing Deal
    OpenAI partners with Axel Springer to access real-time news content for ChatGPT.
    “Chat GPT users around the world will receive summaries of selected Global News content from Axel Springer media Brands”
    @ 26m 49s
    December 16, 2023
  • Political Retaliation Against Elon
    A sitting FCC member claims the agency is engaging in political retaliation against Elon Musk.
    “The FCC is engaging in political retaliation.”
    @ 37m 05s
    December 16, 2023
  • Media's Role in Political Discourse
    The discussion highlights the media's selective reporting and its implications for political accountability.
    “The mainstream media are stenographers for one side of the political spectrum.”
    @ 44m 41s
    December 16, 2023
  • Regulatory Actions Against Elon Musk
    Elon Musk's companies face scrutiny from regulatory agencies for various compliance issues.
    “It's pretty clear that it is happening.”
    @ 55m 18s
    December 16, 2023
  • Parenting and Empathy
    A personal reflection on how becoming a parent changes one's emotional responses.
    “I've become more and more of a crier as my kids have grown older.”
    @ 01h 00m 46s
    December 16, 2023
  • Lifetime Bans Debate
    The discussion centers around the appropriateness of lifetime bans for controversial figures. 'I think I'm against lifetime bans.'
    “I think I'm against lifetime bans.”
    @ 01h 13m 11s
    December 16, 2023
  • The Complexity of Free Speech
    The conversation explores the nuances of free speech and its implications in society. 'I am a free speech absolutist on this.'
    “I am a free speech absolutist on this.”
    @ 01h 19m 29s
    December 16, 2023
  • Admitting Mistakes Online
    A rare moment of accountability occurs when someone admits they were wrong about a significant issue. 'It's so rare on the internet for anyone to admit they were wrong.'
    “It's so rare on the internet for anyone to admit they were wrong.”
    @ 01h 25m 00s
    December 16, 2023
  • Innovative Hiring Practices
    Exploring co-op programs as a way to evaluate potential hires effectively.
    “Go to the schools with co-op because it allows you to evaluate these kids in real-time.”
    @ 01h 35m 16s
    December 16, 2023

Episode Quotes

  • I can't believe it, here we go!
    E157: Epic legal win, OpenAI's news deal, FCC targets Elon, the limits of free speech & more
  • It's profoundly unfair and not what we want for society.
    E157: Epic legal win, OpenAI's news deal, FCC targets Elon, the limits of free speech & more
  • It's transparent harassment!
    E157: Epic legal win, OpenAI's news deal, FCC targets Elon, the limits of free speech & more
  • That is just like heart-wrenching, like evil, awful spewing out of his mouth.
    E157: Epic legal win, OpenAI's news deal, FCC targets Elon, the limits of free speech & more
  • I do believe in giving people Second Chances.
    E157: Epic legal win, OpenAI's news deal, FCC targets Elon, the limits of free speech & more
  • This would be a great thing to ask him.
    E157: Epic legal win, OpenAI's news deal, FCC targets Elon, the limits of free speech & more

Key Moments

  • App Store Monopoly17:51
  • OpenAI Licensing26:49
  • Starlink Funding Denied35:52
  • Elon Under Scrutiny51:52
  • Regulatory Scrutiny53:33
  • Tesla Recall56:22
  • Alex Jones Reinstated58:34
  • Final Thoughts1:38:11

Tension Over Time

Words per Minute Over Time

Vibes Breakdown