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Joined 2 years ago
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Cake day: June 22nd, 2023

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  • I’m glad you asked, Horsecook. Well, my take is this:

    Pokemon depicts the fictional Pokemon as friends of the protagonist who submit willingly to their control after “capturing” them. It’s in line with humans keeping pet animals in captivity, since they also have no say in the matter but eventually come to depend on the human. The problem of course is the “blood sport,” which is most analogous to dog or cock fighting. That said, this is Nintendo’s kid-friendly fictionalized world, and the depictions in this show no blood or injury, and only that Pokemon get tired and “faint.”

    But in the end, and most importantly, Pokemon aren’t real. Whatever is in the Pokemon game does doesn’t violate any animal or human rights, even if Pokemon were depicted as blood-drinking monsters who derived their power from sacrificing cherubic Christian children to Mammon at a blood moon pentagram altar, clad head-to-paw in white robes weeks after Labor Day. I think that’s a vital distinction.

    On the other hand, ICE’s social videos are about treating real humans with equal or less respect than animals. It is meant to normalize removing their human rights including procedural and substantive due process, and parading them to viewers as little more than sub-human vermin (a favorite word of Trump and Stephen Miller for those picked up by ICE), and criminals (usually without any legally reliable basis).

    So TLDR: Pokemon anthropomorphizes fictional animals and treats them mostly kindly, with debatable exceptions. ICE dehumanizes real people and treats them as subhuman. I think Nintendo has a pretty good argument that (as this is not intentionally parody of Pokemon, but an ICE recruitment ad) that their brand/market is being damaged.


  • Literally, thank you. This is not the axe to grind with Nintendo. I don’t disagree with their stance here at all—am a lawyer. It’s absolutely fair use and would be a losing lawsuit.

    Sorry to lawyer a lawyer, but this isn’t likely a fair use. I’m not going to credential smash because we’re all just dogs on the internet, but I do this kind of thing a lot for my job.

    In short:

    • a. It’s promotional, where fair use defenses are weakest under the first and fourth fair use factors;
    • b. it’s used at best satirically and not as parody, because the target was not to comment on Pokemon but to comment on immigration or ICE’s actions, which is also inherently not reliable a basis for fair use. So the first purpose/transformative use factor is even less in favor of fair use. But even that is a stretch, since the post plays like a recruitment or promotional clip;
    • c. the other elements of the four-factor test are objectively against finding fair use here, since (i) the use of the clips and especially music is excessive and not narrowly tailored to any arguable transformative use, and (ii) under the recent realignment of factors in the Supreme Court’s Warhol case, the transformative prong is less important and the (now greater-importance) market harm prong would be strongly against finding fair use, considering how damaging it is for Nintendo/Pokemon to be associated with this.

    That’s not even getting into the trademark/dilution arguments, which play out similarly.

    Nintendo can do what they want, but it’s a totally fair criticism that they are selectively enforcing their copyrights, and it’s probably because they are scared of stepping into politics. I get it, but I certainly won’t defend it.




  • Ngl, the fact that a 9/11’s worth of people were dying every fucking day, just in the US, during the peak of Covid, and one entire fucking half of our country was just shitposting and TRYING to spread it more entirely reframed 9/11 for me.

    I’m glad to see this, I feel like all Americans should have to come to some personal terms about the 9/11 worth of daily COVID deaths that half the country was just casually were ok. I prefer existentialism to nihilism as a response to the absurdity of the world, since nihilism is just going to trap us in a cycle of resigned apathy, but a little self-reflection is preferred either way.

    And related to the 9/11 comparison: amazing how there was no reckoning about how hundreds of thousands of those cumulative deaths were attributable to Trump’s mishandling. From that standpoint, we elected Osama bin Laden times a thousand to be president, after he took down the twin towers.





  • You’re still implying they have a right to my thoughts. I strongly disagree.

    Counterpoint: No, I’m not. You’re making the life of internet users who are looking for a solution worse, and hoping Reddit is somehow harmed as a side effect. Nothing in that implies I think that I or they have a right to your thoughts. You are just following a poor strategy, lashing out using the only lever you have, without any logical basis to think it will achieve what you want. Your methods will not produce the results you seek.

    If you feel differently, feel free to explain. I’ll read your post. But I think I’m done replying to this thread for now - my original post said what I mean.






  • I hear these justifications a lot, but the conclusion doesn’t follow from the premises.

    The value of the archival data that can be affected by deleting or editing is almost entirely only user-accessed value. Reddit isn’t harmed at all from the edits. It primarily needs active regular users to improve its stock value. Alternatively, it can sell archival data for AI training.

    Editing old comments removes neither value source from Reddit. You moved away from it so deprived it of both the material value of new comments and the statistical value of being an active user. Reddit also assuredly has saved data from before the API issue and can likely spot and clean the mass edits to sell the data from training purposes.

    Conversely, the value to users and society is high. So many solutions to problems that are gone forever. The Internet is decaying already and it gets harder to find useful information, and those leaving decided to just burn down a library of Alexandria.

    It’s their - and your - right, sure. They’re by definition done on comments the user owns. But this is just punching desperate Internet users in the face hoping it gives Reddit a bloody nose.




  • The article isn’t very clear, but the novelty here is that this is unprecedented hypertargeting to individual users. Instead of the current website partner, days-before-flight, and other general factors that affect everyone’s pricing mostly equally, think Uber’s pricing, where you are quoted $40 for a ride, and the person right next to you is quoted $25 for the exact same ride thanks to their dynamic data-driven (and ethics-free) pricing.

    This opens the possibility that Delta will charge you more solely because the data Delta has been able to acquire for you suggests you’ll pay more. And that black-box AI system could base it on all sorts of nefarious reasons - e.g., your mother is dying in the hospital, increasing your desperation to get a flight to that location, which makes its way into the dynamic “motivation” index in the AI calculus, which doubles the price of your flight.

    We’re not there yet, but when you see the sorts of things Uber does for reference, I feel it’s a clear path to airfare’s little corner of our coming dystopia.