Sunday, July 12, 2020

The armchair lawyers

It's really fascinating to see how all these armchair lawyers are crawling out of the woodwork to denounce Owen Benjamin and the Bears for fighting back against deplatforming.
How That Worked Out.

Whatever Owen Benjamin and his fans thought would happen, Patreon’s actual response was to sue 72 of those fanboys. According to that Daily Dot article:

“This lawsuit is about keeping hate speech off of Patreon,” the company told the Daily Dot via email. “We won’t allow former users to extort Patreon, and are moving these frivolous claims to court where they belong.”

Hmm, they don’t sound in the slightest bit nervous about anything. Maybe that’s because they instituted two rules in January to “both [prohibit] users from filing claims based on the platform kicking off someone else and [require] any who do so to pay the company’s attorney’s fees and costs.”

And the fanboys’ claims were filed a solid month later, in February.


So it seems unlikely that the fanboys will come anywhere close to success here — and may be on the hook for a lot of money if/when they lose.
And it's even more remarkable to see how they don't let their absolute ignorance of both the facts and the law get in the way of their opinions.

First, Owen never filed a lawsuit. Second, none of the Bears ever filed a lawsuit. This blithering cretin doesn't even know the difference between arbitration and court, despite the quote from Patreon which specifically refers to that difference. Third, Patreon has never once claimed that Owen or any of the Bears ever put any hate speech on their platform, so it's fascinating to be informed that their lawsuit is about a nonexistent event that never happened.

Fourth, two rules weren't instituted in January, they were instituted on December 20, 2019. Fifth, the Bears' claims weren't filed in February, they were filed on January 3, 2020. Of course, the significance of that latter date escapes her, because she clearly knows nothing about 1281.97, otherwise known as Material breach for failure to pay fees before arbitration can proceed, which came into effect on January 1, 2020, and states:

If the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration.

Due to its failure to pay the fees within the statute-required time limit, Patreon is currently in material breach of the arbitration agreement and is in default of all 91 of the backer arbitrations. Not only that, but the two rules they applied by deceptively changing the Terms of Use will not allow them to escape their defaulted arbitrations in court because the second rule directly violates 1284.3 (a):

No neutral arbitrator or private arbitration company shall administer a consumer arbitration under any agreement or rule requiring that a consumer who is a party to the arbitration pay the fees and costs incurred by an opposing party if the consumer does not prevail in the arbitration, including, but not limited to, the fees and costs of the arbitrator, provider organization, attorney, or witnesses.

There are other reasons as well, but that's the easiest one for the ignorant to grasp. Perhaps the funniest thing about the article is the way in which it inadvertently demonstrates how Patreon's lawyers simply ignore both California law and the arbitration rules.

"The Parties will not offer as evidence, and the Arbitrator shall neither admit into the record nor consider, prior settlement offers by the Parties."

Anyhow, everyone will know quite a bit more tomorrow, after the judge rules on Patreon's request.

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The Einstein Fraud

The propagandistic myth of genius that was constructed around Albert Einstein is rapidly crumbling:
One of the greatest mythical frauds in history is that of Albert Einstein, the famous physicist who invented the Theory of Relativity, E=mc² and so many other esoteric things. But this is all fabrication. The claims about Einstein inventing any theory of relativity, or light and photons, or time, are false. Almost every claim – almost everything – attributed to Einstein is simply a lie. Einstein was an inept who contributed nothing original to the field of quantum mechanics, nor any other science. Far from being a competent physicist, he once even flatly denied that the atom could be split and, much later, admitted that the idea of a chain reaction in fissile material “had never occurred to me”.

Einstein was a third-class clerk at the government patent office in Bern, and never progressed beyond this level even with years of experience. By all contemporary reports, Einstein wasn’t even an accomplished mathematician. It has been well documented that much of the mathematical content of Einstein’s so-called theories were well beyond his ability. Walter Isaacson, president of the Aspen Institute, stated that Einstein’s first wife Mileva Marić was a “Serbian physicist who had helped him with (his) math . . .” Other prominent scientists have made the claim that his wife did most of his math for him.

Henri Poincaré was the foremost expert on relativity in the late 19th century and the first person to formally present the theories, having published more than 30 books and over 500 papers on the topics. Extensive documentation exists that Einstein and his associates had studied Poincaré’s theories and mathematics for years, yet when Einstein published his almost wholly-plagiarised versions he made no reference whatever to these other works.

In the accepted historical account, Einstein is credited with having written the correct field equations for general relativity, an enormous falsehood. It is an undisputed fact that David Hilbert sent Einstein a draft of his work (which had already been submitted for publication), containing precisely these equations, evidenced by the existence of a letter from Einstein to Hilbert thanking him for doing so. Yet a few weeks later, Einstein delivered a public speech of Hilbert’s work, claiming full credit for the derivation of Hilbert’s equations. Similarly, E=mc², the famous equation relating mass, energy, and the speed of light, had been published several times by Italian physicist Olinto De Pretto, long before Einstein was suddenly given credit for it. In multiple thorough reviews of scientific literature, prominent scientists have unanimously stated that there is “absolutely nothing to connect Einstein to the derivation of this formula.”

Einstein’s papers, theories, mathematics, documentation, were almost 100% plagiarised from others. He combined the prior published works of several people into one paper and claimed ownership of all of it. His so-called theories were nothing more than a composition encompassing the prior work of men like James Maxwell, Hendrik Lorentz, Joseph Larmor, Olinto De Pretto, Robert Brown, Ludwig Boltzmann, Friedrich Hasenöhrl, and many more.

In a paper he wrote in 1907, in part responding to (already-virulent) accusations of plagiarism, Einstein declared that plagiarism was perfectly acceptable as a form of ethical research, stating “… the nature [of physics is] that what follows has already been partly solved by other authors. I am [therefore] entitled to leave out a thoroughly pedantic survey of the literature…”[6][7][8] In other words, scientists all build on each others’ work, so Einstein could freely compile the work of everyone before him and re-present it as his own, with no obligation to even mention them or their work. His view of ethical science was like building a tower where each person adds one stone and, if I add the last stone, I not only take credit for the entire design and construction of the tower, but I own the building.

Perhaps the most damning evidence was when in 1953 Sir Edmund Whittaker published a very detailed account of the origin and development of all these theories and equations of physics, with extensive reference to the primary sources, documenting beyond doubt that Einstein had no priority in any of it, and clearly stating so. Einstein was alive and well when Whittaker published his book, yet he offered no dispute to the conclusions, no refutation of Whittaker’s claim that he (Einstein) had been irrelevant to the entire process. Einstein made no attempts in his own defense but simply hid in the bushes and refused to make any public comment whatever.[9]

Einstein was almost certainly the greatest fraud and plagiarist in modern science, an unashamed intellectual thief but, according to sources like Wikipedia, this is all just a minor “priority dispute” about who said what first in the realm of relativity physics. These sources misleadingly imply that several people made a discovery independently and more or less simultaneously, and we are simply debating who went public first. Nothing could be farther from the truth. Wikipedia is renowned as being virtually useless as an information source due to widespread ideological bias and censorship.

Einstein was Jewish and had the support of the Jewish-controlled media who conspired to create yet another historical myth. His fame and popularity today, his status as a hero of the scientific world, are due only to decades of a well-planned force-feeding of the Einstein myth to the masses by the media. The propaganda machine simply airbrushed out of the history books all the physicists who formulated these theories, and credited everything to Einstein. Without the extravagant generations-long PR and propaganda campaign, Einstein would have remained in the dustbin of obscurity where he belongs.

There are many Einstein apologists who produce reams of heavily-documented irrelevancies masquerading as proof, items such as a schoolmate who claimed “the flight of his mathematical genius was so high that I could no longer follow.” Many scientists and scientific historians know the truth of all this, and the accurate historical record is readily available, but many appear afraid to speak out for fear of damaging their careers.
I always had my doubts about Einstein's so-called "genius" after reading a few of his writings; his thinking simply didn't exhibit any evidence of high, let alone superlative, intelligence. But lacking any rationale for why anyone would bother to construct a myth around a single individual, I simply assumed that he was strong in some areas and normal in others.

It wasn't until I kept seeing judeochristians repeatedly pointing to Einstein and various Nobel Prize winners as proof of their own ethnic superiority, combined with the absolutely unjustified lionization of literary mediocrities such as Philip Roth and Saul Bellow, that I began to understand why the Einstein Myth had been constructed, and to pay attention to the scientific history that completely undermined his fraudulent claims to genius. It's stupid, really. Why build up fake figures like Einstein instead of celebrating the accomplishments of legitimate geniuses from their tribe, such as Martin van Creveld?

But the 20th Century judeochristian propagandists are hardly the only ones to have built up obviously false myths around famous individuals. As Larry Romanoff points out, Alexander Graham Bell, Thomas Edison, and the Wright Brothers are three previous frauds that served a similar role as elements in the construction of the mythology concerning American ingenuity.


The Trumpslide continues

If people were surprised by Trump's victory in 2016, they're going to be flabbergasted in 2020. Never forget that the media doesn't just lie about basic facts, it outright fabricates the entire narrative:
Late last month, the Democratic data firm TargetSmart found that while new voter registrations had plummeted amid the coronavirus pandemic, those who were registering in competitive states tended to be whiter, older and less Democratic than before.

When he saw the numbers, Ben Wessel, executive director of NextGen America, said he "got nervous," and other Democratic-leaning groups felt the same.

The report seemed to confirm what state elections officials and voter registration groups had been seeing in the field for weeks: Neither Democrats nor Republicans had been registering many voters during the pandemic. But Democrats were suffering disproportionately from the slowdown.

Last month in Iowa, where the race between Trump and Joe Biden is surprisingly close, Republicans nosed back ahead of Democrats in active registrations after ceding the lead to Democrats for the first time in years.
There are lots of frightened white Democrats who are going to vote Republican for the first time in 2020 thanks to Black Looming Menace.

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Saturday, July 11, 2020

Another gut punch for McRapey

It's really remarkable to learn how many sexual predators John Scalzi is associated with, and apparently, even bankrolls:
This news story hit me like a punch to the gut. It features of accusations of sexual assault and domestic violence against Alan Beatts, the owner of Borderland Books. Borderlands is one of my favorite bookstores in the world; Alan is literally one of the first people I met in the science fiction and fantasy community, and a friend. He’s been a huge supporter of me and my work, and conversely I’ve been a supporter of him and Borderlands. It’s the store I’ve held all my San Francisco events at, basically for as long as I’ve been doing events at all. I’ve supported Borderlands annually as a patron, and I lent the store money to purchase a new building, which it’s currently in the process of moving to.

It actually and genuinely hurt to read these accusations, which I believe. I wrote yesterday on Twitter that I was in shock about it, and I still am. This one stirs up emotions for me in a way I’m not prepared to publicly quantify or express. Suffice to say it hits close to home on a number of levels.

So, about the money I gave to Borderlands for its new store. It’s a loan, and as a loan the store’s LLC pays me back a little each year. I’ve gotten a couple of payments on that loan to date.
At this point, one has to look a little askance at anyone with whom Scalzi associates. My top two suspects for future revelations of this type are Patrick Nielsen Hayden and Jim "McCreepy" Hines.

But seriously, how many confirmed sexual predators do you know? Whereas this guy is apparently surrounded by them. The thing is, pretty much the entire SF community is godless, immoral, and relentlessly depraved. That's why, despite being an author who occasionally writes science fiction, I never wanted anything to do with them after attending my first and only science fiction convention, at which I was one of the featured guests.

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The simple truth

I was informed some of Big Bear's gamma haters were theorizing that I simply invented The Daily Beast interview with Owen Benjamin because they couldn't find it there or anywhere else. They clearly don't understand the way the media works, which is to bury an article or an interview if it doesn't happen to support the narrative they were seeking to push by publishing the piece.

These forwarded emails should suffice to demonstrate that the interview actually took place. And yes, I absolutely advise never talking to the media. The thing is, big bears aren't VFM and they don't obey me, they do whatever they want to do. Furthermore, Owen wasn't the only person The Daily Beast reporter, William Sommer, contacted in connection with the piece.

As to why Mr. Sommer never ran the interview or sent questions to Messrs. Mann and Randazza, you would have to ask him. Perhaps he only published it for his newsletter, although why he would have a deadline for his own newsletter, I do not know.

Subject: Media request - Owen Benjamin / Patreon lawsuit
Date: Wed, 24 Jun 2020 20:10:43 +0000
From: William Sommer

Hi Phil, 

My name's Will Sommer, I"m a reporter with The Daily Beast. I'm writing an item for my newsletter on how Owen Benjamin's fight with Patreon appears to have backfired on his fans, who, as I'm sure you know, are now being sued themselves by Patreon. 

Wanted to reach out in case you, Owen, or the other lawyer on the case are interested in commenting. Looking at an end of day Thursday deadline. 

Thanks for your time

Will Sommer
Reporter, The Daily Beast


From: William Sommer
Sent: Wednesday, June 24, 2020 7:15 PM
Subject: Re: Hi it’s Owen Benjamin.

Thanks Owen, will write me up and send them over.

From: William Sommer
Date: Wed, Jun 24, 2020 at 8:30 PM
Subject: Re: Hi it’s Owen Benjamin.

Hi Owen, 

Thanks for getting back to me. Forgive the late email but I wanted to get this over once I had it ready-- like I said, my deadline isn't until Thursday, June 24, close of business, so no rush on this. 

In terms of the lawsuit: 

-Patreon says you urged your fans to file claims against Patreon to punish the site, through arbitration costs, for ending your account? Do you think that's a fair account of what happened? 

-Did your fans realize, when they filed the arbitration complaints, that they could potentially get sued? It strikes me that some of these people might not have realized their names and locations would be outed. In that way, do you think this plan backfired? 

-Do you have plans to cover your fans' legal fees or expenses? 

In terms of your background: 

-You've been described as "alt right" and engaging in "Holocaust denial" in articles, including Bethany Mandel's in the Jewish Telegraphic Agency. Do you think those are accurate descriptions? 

Feel free to add anything else on the case you'd like to share. 


Will Sommer
Reporter, The Daily Beast


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An observation

If you hear your lawyer saying either of these two phrases, you'd do well to fire him on the spot. And also recognize that you're headed for defeat.
  • Your Honor, we still feel that we have a very strong case....
  • It could be argued....
In both cases, you're dealing with a lawyer who already knows he is beaten, but isn't prepared to tell the client yet for fear that the checks will stop arriving. No one is more doughty in defeat than a lawyer.

Of course, there is a third phrase that is even worse.
  • We can absolutely appeal this!
I won't comment on the 72 Bears lawsuit, except to say that I feel good, and I'm not scared at all. I just feel kind of... kind of invincible. Is it getting hot in here, or is it just me?

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A harder line

The media cheers the politicization and weaponization of the social media companies:
The nation's technology industry has begun taking a harder line against hate speech, misinformation and posts that potentially incite violence when made by President Donald Trump and some of his most extreme supporters after years of treating such issues gingerly amid fear of triggering the wrath of the nation's most powerful politician.

The moves, such as labeling false posts by Trump and banishing forums devoted to supporting him after years of policy violations, have taken place across the industry in recent weeks, with actions by Twitter, Reddit, Snapchat, YouTube and the live-streaming platform Twitch.

Even Facebook, which long has given wide latitude in allowing problematic posts by Trump and his followers, on Wednesday closed down a network of more than 100 accounts and pages affiliated with Trump confidante and convicted felon Roger Stone. The action came years after his use of social media first came under the scrutiny of federal investigators and involved issues dating back to 2015 that the company said it had unearthed only recently.
Of course they're "taking a harder line". They're desperate to prevent President Trump's reelection. It's long past time for conservatives to wake up and start treating the enemy as the enemies they are.

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Friday, July 10, 2020

Are we there yet?

Episode 14 of Alt★Hero, ARE WE THERE YET, is now live on Webtoons.

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The decision was correct

It's fascinating to see "rule of law" conservatives decrying the Supreme Court decision to honor an 1833 Indian treaty that was never abrogated and is still in force:
The Supreme Court’s recognition of half of Oklahoma as Native land appears to right centuries of historic injustice. It could also make the state a chaotic mess of overlapping jurisdictions where hardened criminals walk free.

In a stunning 5-4 ruling on Thursday, the court found that a massive swath of eastern Oklahoma should be recognized as a Native American reservation. The state’s largest city, Tulsa, sits on this land, along with 1.8 million people, of whom only 15 percent are Native Americans.
It doesn't right any injustices. It doesn't actually even change anything. It simply respects the actual language of the still-extant treaty. The fact that the US government broke its treaties with casual disregard for the legalities doesn't justify the consequences or seal them in stone. Every signed treaty should be honored to the letter.

And the appeal to "hardened criminals" walking free is a complete joke in a country that already has tens of millions of criminal invaders due to its failure to stop immigration.

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Could be legit

Or it could be the Hellmouth's attempt to control the narrative, either way, it is a good sign that more and more people are beginning to recognize the youth-devouring evil emanating from Hollywood:
While fame and fortune are an ever-enticing dream, few things seem less appealing than being a child star, and HBO’s Showbiz Kids certainly reinforces that feeling. Awash in anecdotes about the ways in which the industry—and the attendant hunger for the spotlight that consumes both children and parents—warps, alienates and exploits kids, it’s a documentary which illustrates that, sometimes, being nobody is far healthier, and more fulfilling, than being well-known.

Sexual misconduct is the dark cloud hovering over Showbiz Kids, and it comes to the fore when former Diff’rent Strokes star Todd Bridges recalls being molested as a child—a disclosure that, according to Evan Rachel Wood, isn’t unique, as she claims, “In my experience, I know a lot of kids that grew up in the industry. And what surprised me when I got older was finding out that pretty much all of the young men were abused in some way, sexually.” She then relays that, at a recent Golden Globes gala, she watched a pedophile (whom she doesn’t name) win an award, and had to walk out because she was so disgusted by the praise being lavished upon this monster. As she departed, she thought to herself, “I don’t know if I can do this anymore. I can’t keep watching this happen. I don’t know how to handle this. This has to stop.”

Those moments are definitely the ugliest, and most eye-opening, in Showbiz Kids. Written and directed by Alex Winter, whose big breaks came in Joel Schumacher’s 1987 Brat Pack vampire thriller The Lost Boys and 1988’s Bill & Ted’s Excellent Adventure, the film knows whereof it speaks.
I tend to expect it does, given that the late Schumacher, along with Spielberg, has been repeatedly been rumored to be among the most predatory of the Hellmouth's more influential denizens.

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Mailvox: cutting out the cancer

A CEO's son writes of an encouraging response to Corporate Cancer:
My father is CEO of a [REDACTED] firm. I gave him my copy of Corporate Cancer after I read it. He read it, immediately sent it to his head of HR and made it mandatory reading for all employees. I'm told his HR manager is close friends with the EVP of HR at [a big bank], who has also now read and is sharing your book. The truth moves silent, but nevertheless moves.

I have a copy to my boss, which was less warmly received... que cera.
I've been told by several businessmen that CC is the most important book they've ever read, which is encouraging in one sense, and extraordinarily depressing in another. Then again, it probably is more useful in a practical sense than anything Tom Peters, Peter Drucker, or Lee Iacocca ever wrote.

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Thursday, July 09, 2020

Mailvox: making a difference

Sometimes people are just looking for someone to take a stand:
We belong to a small 400-500 member startup church that I thought was Biblically-based. Several weeks ago, our pastor preached a message on Social Justice.  After several days of consideration, I sent a two-page rebuttal to the sermon.  We fully expected to be asked to leave the church.  Today, the pastor asked me to take one of three eldership positions.
Don't be afraid to leave. But also, don't be afraid to lead.

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Supreme Court rules against President again

The Supreme Court says the President must turn over his taxes:
The U.S. Supreme Court on Thursday ruled that a New York prosecutor can obtain President Donald Trump's financial records but prevented - at least for now - Democratic-led House of Representatives committees from getting similar documents.

Both 7-2 rulings were authored by conservative Chief Justice John Roberts. One ruling means that the subpoena issued to Trump's long-term accounting firm, Mazars LLP, for various financial records to be turned over to a grand jury as part of a criminal investigation can be enforced.

But the court sidestepped a major ruling on whether three House committees could also obtain Trump financial documents under subpoena, giving Trump at least a short-term win. Litigation will now continue in lower courts.

In both rulings, Roberts was joined by the court's four liberals as well as Trump's two conservative appointees to the court, Justices Brett Kavanaugh and Neil Gorsuch.
I have no position on this, but things are rapidly getting to the point that one finds oneself beginning to wish Trump would stop arguing and tweeting and start ordering drone strikes.


Another Hollywood "death"

It rather looks as if Maxwell's arrest is percolating through the Hellmouth:
Actress Naya Rivera is missing and presumed dead today after her four-year-old son was found alone on a boat in California.

The Glee star and her son Josey rented a pontoon boat on Lake Piru on Wednesday afternoon, but three hours later another boater raised the alarm after seeing the vessel drifting and the child asleep on board.

Cops found Rivera's life vest on the boat and believe that 'she did go in the lake' to go swimming, acknowledging that 'this may well be a case of drowning'. Her car was found nearby.

Four-year-old Josey has told investigators that his mother jumped in the water and didn't come back up, TMZ reports, but the circumstances are unclear and cops say it is 'challenging' to interrogate a toddler.
Given her past association with a known pedo from the Hellmouth, there's little question about her involvement in Hollywood values. And until a body is found and it is convincingly demonstrated to be hers, I'd be dubious about this being either an accident or a suicide.

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Wednesday, July 08, 2020

Never take "free speech" seriously

Much less those artists who claim to champion it:
Trans writer Jennifer Finney Boylan distances herself from free speech letter - that she signed with 150 other authors and academics calling out cancel culture - after realising JK Rowling also endorsed it.
If you're capable of deriving the correct conclusions from this little vignette, you can save yourself the trouble of reading John Bagnell Bury's A History of the Freedom of Thought.

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St. Efan banned from Twitter

Unfortunately, this is what happens when you make it clear that you are not a hard out:
Stefan Molyneux has had his Twitter account suspended, just a week after he was banned from YouTube. His removal from the platform comes amid a growing debate over free speech on social media.

The ban came without warning, Molyneux claimed during a livestream in which he discussed the development. “It’s nice to see that Twitter is talking to tech journalists before they would talk to me,” he said. The popular right-wing pundit and intellectual suggested that he was removed from the platform after promoting a new essay that outlines his values and beliefs. “It’s not hard to understand why powerful people might not want you to read what I wrote below,” reads a note at the top of the essay, in which he announced his removal from Twitter.

Molyneux argued that the campaign to deplatform conservative voices has started to “energize” conservatives and that his ban demonstrates “who has the power and who doesn’t have the power.”

Twitter appears to dispute the notion that he was removed for ideological reasons. In a statement provided to CNN, the company said that Molyneux “was suspended for spam and platform manipulation, specifically operating fake accounts.”

Liberal journalists applauded Molyneux’s ban. Jared Holt, a reporter for Right Wing Watch, said the move was “overdue” and expressed curiosity about what finally motivated Twitter to pull the plug on his account.
As someone who was banned from Twitter long ago, and who voluntarily left Facebook, I don't see any significant harm here. And it's good for people to see even moderates are too extreme for the SJW-converged corporations. But it also underlines the fact that building one's own platforms is the only way to proceed, as everyone who has tried to pass as innocuous has been banned anyway.

Mike Cernovich's comment was both apt and amusing:

The Venn diagram of people who just signed that Against Cancel Culture letter and those who will mention Stefan Molyneux being banned will be two wholly non-intersecting circles.

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The Left has cucks too

It's amazing how these fake "free speech advocates" are afraid to tell the truth even when they are taking a public stand:
More than 150 academics and writers including the likes of JK Rowling, Margaret Atwood and Salman Rushdie have called for an end to 'cancel culture,' to defend their right to freedom of speech.

Journalist Anne Applebaum warned 'Twitter mobs' on the left and right sides of the political agenda, along with US President Donald Trump, were placing 'very important restraints on freedom of speech'.

Ms Rowling and Ms Atwood, the author of The Handmaid's Tale, have both signed the letter, despite being on opposing sides on trans issues recently.

The letter, published in Harper's calls for: 'The free exchange of information and ideas, the lifeblood of a liberal society, is daily becoming more constricted.'

The signatories go on to say they 'uphold the value of robust and even caustic counter speech from all quarters.'

It later adds:  'It is now all too common to hear calls for swift and severe retribution in response to perceived transgressions of speech and thought.'
Neither Twitter mobs nor President Trump are the problem. And they know that perfectly well, they're just afraid to go after the ADL, BLM, the social media giants, and the very concept of "hate speech" for fear that they'll be targeted next. The ADL is ground zero for all the thought and speech policing in the USA and provides the impetus for a considerable amount of speech policing by the tech companies. So, if you're not directly addressing that evil organization and its ongoing war against Americans and the First Amendment, you're not serious about free speech.

And speaking of fear, Spacebunny had an amusing thought about the dilemma that now confronts one fourth-tier writer of mediocre science fiction.

You know Scalzi is losing sleep right this very minute trying to figure out which side is ultimately going to be his best bet……

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Tuesday, July 07, 2020

A tale of two filings

This complete lack of a response to one of the core elements of the dispute pretty much tells you everything you need to know about how next week's hearing is likely to go.
  • JAMS issued a second letter on March 12, 2020, stating that JAMS would not issue a blanket stay for numerous separate arbitrations.  Specifically, the March 12 JAMS Letter stated: “Patreon’s Terms of Use state that arbitrations ‘may only take place on an individual basis’ and no ‘grouping of parties is allowed.’  (Terms of Use, pages 4 – 5). 
  • In fact, this matter is subject to dismissal under even the Purported Amendment.  The dispute resolution clause expressly states that “[n]o class arbitrations or other grouping of parties is allowed.”  Patreon, here, has made a grouping of Defendants.  By its own terms, it is not entitled to file this suit and seek the relief it requests.  Patreon is not entitled to an injunction that covers 72 defendants as a group—just as Patreon chose to deny Defendants the ability to join as a group and engage in collective action, it cannot now be allowed to obtain an injunction in violation of that term.
SEARCH "grouping"

no matches found

- PLAINTIFF PATREON, INC.’S REPLY IN SUPPORT OF REQUEST FOR PRELIMINARY INJUNCTION [Filed concurrently with Declarations of Colin Sullivan and Tyler M. Layton in Support of Reply]

The irony is that Patreon is now complaining about the way a number of the Bears being sued have put Patreon on notice that they will find themselves facing more arbitrations due to Patreon's breach of contract involved in bringing the group lawsuit. Their Head of Legal cried about it in their most recent filing with a classic "this just proves" argument that would almost make one mistake him for a bowtie-wearing National Review conservative.
On July 2, 2020, I received emails from 15 Defendants, informing me that unless Patreon withdraws this lawsuit, they intend to commence new arbitrations before JAMS claiming that Patreon’s filing of this lawsuit, to enforce the amended Terms of Use, is a breach of the Terms of Use.  Given that Defendants are already challenging the amended Terms of Use in their already pending arbitrations, this confirms that Defendants’ actual goal is to multiply the number of duplicative proceedings to maximize costs to Patreon, in the hopes they can eventually exceed Patreon’s ability to pay.  That outcome would be an irreparable harm.
- Declaration of Colin Sullivan in Support of Reply
It doesn't prove anything of the sort. To the contrary, informing Patreon that new arbitrations will be commenced if the breach of contract isn't cured is exactly what Patreon's Terms of Use require the Bears to do in light of Patreon's obvious breach of the contract, as spelled out in the very emails about which he is complaining.
I am sending you this notice pursuant to the procedures stipulated in Patreon's Terms of Use to inform Pateron, Inc. that the filing of case CGC-20-584586 against myself and 71 other individuals constitutes a blatant breach of its own Terms, which, as you know, clearly prohibit the grouping of parties.

No class arbitrations or other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.
Patreon very clearly waived its rights to participate in the very lawsuit it filed. They not only have no right to an emergency injunction, they have no right to be in that courtroom for those purposes at all. So, they should hardly be surprised when the people they are suing call them out for that.

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Episode 11 of Hypergamouse, ACKTUALLY… is now live on Webtoons.

And Lacey isn't the only one crushing it. Arkhaven is doing well across the board, as Alt★Hero is now #5 in Superhero and Midnight's War is up to #25 in Short Story.

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The brokeness of wokeness

There will be no sequel to Birds of Prey:
Margot Robbie's Birds of Prey was a record breaking failure at the box office. According to online publisher Giant Freakin' Robot, the sequel to Birds of Prey has been canned.

'Warners [Brothers] no longer believes in the concept or in the creative team behind the movie,' the publication's source said.

Birds of Prey failed at the box office, recording the worst opening of any DC Comics superhero movie, bringing in just US$201.9 million worldwide. This was worse than the critically panned Green Lantern film, which still brought in  US$219.9 million in 2011.
The Legend Chuck Dixon wrote the original comic. They should have hired him to write the script.

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The Chief Justice on the Epstein tapes?

Intelligent Supreme Court observers have had their doubts about Roberts for years, especially his very timely departures from his supposedly conservative judicial philosophy on important decisions. /pol/ thinks they've figured out why he's been showing signs of being owned by the Prometheans:
One of the SCOTUS fags is in the Epstein tapes that were recovered yesterday. I'm sure you can guess which one. The shocking part is the canary is telling the feds a certain nation state has been blackmailing this gentleman since prior to his nomination to SCOTUS.

What does this mean? This justice was hand picked at the highest levels specifically because he was being controlled via blackmail. A sheep in wolf's clothing appearing to be which he is not.

Cat is out of the bag... or I should say almost.

Here is the best part. The SCOTUS justice on the tapes it is being rumored in the federal court community has sat down with the FBI to roll on a previous president AND wife in an effort to keep his position, or more likely, be allowed to gracefully retire before the next SCOTUS term.
Take it all with a grain of salt, but it does match the available evidence.

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Monday, July 06, 2020

Daily Beast interview with Owen Benjamin

The Daily Beast interviewed Owen Benjamin about the Patreon lawsuit filed against 72 of its users who backed him. The piece was originally supposed to run on June 24, but apparently never appeared on the site. So, Owen sent me the interview to post for your reading pleasure here.

DB: Patreon says you urged your fans to file claims against Patreon to punish the site, through arbitration costs, for ending your account? Do you think that's a fair account of what happened?

OB: Not at all. Patreon violated their rights just as it violated my rights when it tortiously interfered with the separate legal contract between me and them. They are exercising their right to legal redress, which Patreon mandated be done through arbitration, just as I am. It's not their fault, or my fault, that Patreon's lawyers were dumb enough to impose a legal structure on its users that literally guarantees its own bankruptcy.

Did your fans realize, when they filed the arbitration complaints, that they could potentially get sued? It strikes me that some of these people might not have realized their names and locations would be outed. In that way, do you think this plan backfired?

No. Nor did I, because they shouldn't be getting sued in the first place, much less sued in a group action. The only reason Patreon brought the lawsuit now is to try to dox and harass them into withdrawing, because it has been losing every decision related to my arbitration and their arbitrations for the last six months. But I guess if you're going bankrupt, you might as well go down swinging.

Do you have plans to cover your fans' legal fees or expenses?

Of course. And we'll set up a legal defense fund if that turns out to be necessary, which it probably won't. Remember, the Patreon Terms of Use specifically bar group actions, and what Patreon filed is a group action.

Feel free to add anything else on the case you'd like to share.

Your readers may not be fans of mine, but they should be aware that Patreon has repeatedly attempted to strip the California consumer protections from ALL of its creators and is also trying to strip legal rights from all four million of its users. The lawsuit isn't the first time they've doxxed people either; they sent me the complete account information for 2,700 complete strangers - someone else's patrons - as a result of a data breach.

The real story here is that there probably won't be a Patreon by the time this is over.  Their CEO openly admits that their business model isn't sustainable, their numbers reported on Graphtreon suggest they're losing something like $1.5 million every month, and I've been told they have already received hundreds of notices of arbitrations unrelated to my situation. I think this lawsuit is mostly their outside counsel trying to keep the checks coming in for a little while longer.

You've been described as "alt right" and engaging in "Holocaust denial" in articles, including Bethany Mandel's in the Jewish Telegraphic Agency. Do you think those are accurate descriptions?

I raise goats, I tell jokes, and I voted for Obama. I don't know who Bethany Mandel is, but since I am a history major, I'll bet I know a lot more about World War II history than she does. You know perfectly well those are not accurate descriptions.

For a considerably less-informed take on the situation, read the Daily Dot article, which manages to get everything wrong from the very start and commits two egregious errors in the first seven words of the headline.

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A failure of rhetoric

Watered-down rhetoric never works:
Google Trends data shows Trump's "Sleepy Joe" name-calling isn't generating nearly the buzz "Crooked Hillary" (or "Little Marco") did in 2016. Base voters who relished doubting President Obama's birth certificate aren't questioning Biden's.

Other factors are working against Trump's playbook. Tech platforms are increasingly moving to shut down hate speech and flag misinformation, killing the sources of some of Trump's favorite conspiratorial material. And search metrics suggest that, for the most part, a nation with more than 125,000 dead from the coronavirus has less patience for the president's usual tactics.
The reason that "Sleepy Joe" is a failure is because it is poor rhetoric. It is poor rhetoric because it is not based on the truth and therefore misses the target. Hillary is crooked. Marco is a dwarf, both physically and politically. Joe Biden, for all his various flaws and shortcomings, is not a narcoleptic.

I suspect that the President's original choice for Biden is "Creepy Joe", but he was talked out of using it by his advisors, because they thought it was too harsh. Which, of course, is wormtongue-speak for "too effective". But Biden is a confirmed creeper and women, especially young women and little girls, observably find him creepy.

Even "Sniffy Joe" would have worked, given Biden's predilection for hair-sniffing. But "Creepy Joe" is the killer rhetoric that Trump should have used, and it won't surprise me if he begins using it once his reelection campaign actually begins in earnest.

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Convergence at Boeing

Just in case you weren't entirely convinced yet that the USA is going to lose its next major war, badly, as well as its ability to manufacture vehicles that fly:
Boeing's communications chief Niel Golightly has resigned over an article he wrote more than three decades ago arguing women should not serve in combat.

The former U.S. military pilot's exit leaves Boeing trying to fill the crucial role for the fourth time in less than three years, just as it is battling to shore up its brand after the prolonged safety grounding of its Boeing 737 MAX jetliner.

The Senior Vice President of Communications job has become the industry's biggest hot seat as Boeing fends off criticism for its handling of the 737 MAX crisis.

'My article was a 29-year-old Cold War navy pilot's misguided contribution to a debate that was live at the time,' Golightly said in a statement included in Boeing's announcement. 'My argument was embarrassingly wrong and offensive. The article is not a reflection of who I am; but nonetheless I have decided that in the interest of the company I will step down.'
Good riddance to the cowardly cuck, cowering in fear before the crocodile and begging it to eat him last. But you know he'll be replaced by some moronic diversity who will be less concerned about failed designs causing planes to crash than advocating even more diversity and vibrancy.

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Linux converges

It didn't take long for the consequences of Linus's surrender to the SJWs to take effect:
Subject [PATCH] CodingStyle: Inclusive Terminology
From Dan Williams <>
Date Sat, 04 Jul 2020 13:02:51 -0700

Recent events have prompted a Linux position statement on inclusive
terminology. Given that Linux maintains a coding-style and its own
idiomatic set of terminology here is a proposal to answer the call to
replace non-inclusive terminology.

Cc: Jonathan Corbet
Cc: Kees Cook
Signed-off-by: Chris Mason
Signed-off-by: Greg Kroah-Hartman
Signed-off-by: Dan Williams
 Documentation/process/coding-style.rst          |   12 ++++
 Documentation/process/inclusive-terminology.rst |   64 +++++++++++++++++++++++
 Documentation/process/index.rst                 |    1
 3 files changed, 77 insertions(+)
 create mode 100644 Documentation/process/inclusive-terminology.rst

diff --git a/Documentation/process/coding-style.rst b/Documentation/process/coding-style.rst
index 2657a55c6f12..4b15ab671089 100644
--- a/Documentation/process/coding-style.rst
+++ b/Documentation/process/coding-style.rst
@@ -319,6 +319,18 @@ If you are afraid to mix up your local variable names, you have another problem, which is called the function-growth-hormone-imbalance syndrome. See chapter 6 (Functions).

+For symbol names, avoid introducing new usage of the words 'slave' and
+'blacklist'. Recommended replacements for 'slave' are: 'secondary',
+'subordinate', 'replica', 'responder', 'follower', 'proxy', or
+'performer'.  Recommended replacements for blacklist are: 'blocklist' or
+Exceptions for introducing new usage is to maintain a userspace ABI, or
+when updating code for an existing (as of 2020) hardware or protocol
+specification that mandates those terms. For new specifications consider
+translating specification usage of the terminology to the kernel coding
+standard where possible. See :ref:`process/inclusive-terminology.rst
+` for details.
And let's not bother with the whole "well, the changes haven't been fully adopted and enforced YET" defense. We all know how this is going to end.

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