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 covers topics such as mullets, the recent Epic Games vs. Google antitrust case, and the reinstatement of Alex Jones on Twitter. Guests include David Freeberg and Chamath Palihapitiya.

The hosts start with a lighthearted discussion about mullets, sharing personal anecdotes and photos. They joke about hair styles and how they relate to their pasts, particularly focusing on Freeberg's hairstyle.

The conversation shifts to the Epic Games lawsuit against Google, where the hosts discuss the implications of the ruling that found Google violated antitrust laws. They analyze the potential impact on app stores and competition in the tech industry.

Later, they address the controversial reinstatement of Alex Jones on Twitter, discussing the implications of free speech and the responsibilities of social media platforms. The hosts express differing opinions on whether Jones should be allowed back on the platform.

The episode concludes with reflections on the broader implications of censorship and the importance of maintaining open discourse in society.

TL;DR

The episode discusses mullets, Epic's lawsuit against Google, and Alex Jones' Twitter reinstatement, highlighting free speech and censorship issues.

Video

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

Episode Highlights

  • Epic vs. Google Verdict
    Epic Games wins a significant case against Google over app store practices.
    “Google violated California's Federal antitrust laws.”
    @ 10m 02s
    December 16, 2023
  • Controlling Duopolies
    The speaker emphasizes the need for government intervention to control monopolistic practices in the app industry.
    “These duopolies have to be controlled.”
    @ 19m 46s
    December 16, 2023
  • Fair Use and Copyright
    The debate centers around the implications of copyright laws on AI and content creation.
    “It's profoundly unfair and not what we want for society.”
    @ 24m 10s
    December 16, 2023
  • FCC's Controversial Decision
    The FCC denied Starlink's $885 million contract, citing insufficient service to rural areas. Brendan Carr criticized the decision as politically motivated.
    “This is a decision that cannot be explained by any objective application of law.”
    @ 36m 21s
    December 16, 2023
  • Media's Role in Political Discourse
    Discussion on how the media selectively reports and edits information, impacting public perception.
    “The mainstream media are stenographers for one side of the political spectrum.”
    @ 44m 43s
    December 16, 2023
  • Elon Musk and Regulatory Challenges
    Discussion on how regulatory agencies are judging Elon Musk's companies and the implications of compliance.
    “What we're judging these Regulatory Agencies on is not that there's a need to regulate Elon's companies.”
    @ 53m 43s
    December 16, 2023
  • Censorship and Free Speech Debate
    A heated discussion on the balance between free speech and the potential harm caused by misinformation.
    “Free speech does require us to put up with people who are wrong, people who are even hateful sometimes.”
    @ 01h 03m 46s
    December 16, 2023
  • The Judgment of Moderation
    Discussion on content moderation and the balance between free speech and harmful speech.
    “I would operationalize a Content moderation policy based on first M case law.”
    @ 01h 12m 50s
    December 16, 2023
  • Second Chances vs. Lifetime Bans
    Debate on whether lifetime bans are appropriate for individuals like Alex Jones.
    “I'm viscerally against lifetime banning people.”
    @ 01h 13m 43s
    December 16, 2023
  • A Rare Admission
    A surprising moment where someone admits they were wrong about the Ukraine war.
    “I was wrong... Russia is not as weak as it seemed.”
    @ 01h 24m 51s
    December 16, 2023
  • Hiring Criteria Revolution
    Discussing new ways to evaluate job candidates beyond traditional degrees.
    “I would go and find those schools and hire those kids.”
    @ 01h 36m 30s
    December 16, 2023

Episode Quotes

Key Moments

  • Epic Games Case09:32
  • Copyright Issues33:41
  • FCC Controversy36:21
  • Media Accountability47:34
  • Sandy Hook Remarks59:14
  • Censorship Debate1:03:46
  • Content Moderation1:12:50
  • Hiring Revolution1:36:30

Words per Minute Over Time

Vibes Breakdown

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