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The Fate Of HQ Trivia Feb 25, 2020

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Remember HQ Trivia? A couple years ago it was taking the world by storm and raising a lot of interest, and not without reason: it looked like it was resurrecting a shared live experience that seemed to be dead in the on-demand era. We featured a discussion about it on Episode 146. But the company has faced a rocky road since then, and recently announced that it would be shutting down — although, after this podcast was recorded, a subsequent announcement suggested it might get a lifeline. Either way, it's worth looking at what happened, so erstwhile podcast co-host Dennis Yang — who was both an early adopter and, to this day, one of the dwindling regular players of HQ — has returned for this episode to discuss the fate of HQ Trivia.

Gaming Like It's 1924 Feb 18, 2020

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Last week, we announced the winners of our second annual public domain game jam, Gaming Like It's 1924. The entries were so great this year that they deserve a close look, so this week myself and Randy Lubin — who was instrumental in conceiving, launching, and judging these jams — join the podcast to discuss all six of the winners from the game jam, and what makes them special.

Larry Lessig Defends His 'Clickbait Defamation' Lawsuit Feb 11, 2020

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Last month I wrote a long post explaining why I could not support Larry Lessig's new lawsuit against journalists and the New York Times for what he referred to as "Clickbait Defamation." Lessig argued that a NY Times headline and lede was false, while I argued that it was a different interpretation, but not "false," and thus not defamatory. I also argued that his lawsuit was a SLAPP suit, potentially harming the individuals named. Larry wished to respond to my post and I invited him on the podcast to discuss. Larry is a Harvard Law professor. I am not. This immediately puts me at a disadvantage in arguing things in a live debate, and while I don't think either of us convinced each other of anything, l definitely understand his argument more clearly, though I still disagree with it. As I said in my intro to the podcast, I think it's worth reading all of the background information to understand what we're talking about, including: - Lessig's original Medium post: https://medium.com/@lessig/on-joi-and-mit-3cb422fe5ae7 - The NY Times article: https://www.nytimes.com/2019/09/14/business/lessig-epstein-ito-mit.html - Larry's response to the NY Times: https://medium.com/@lessig/on-the-careful-reading-of-the-new-york-times-editors-8f543418c1df - Larry's new ClickbaitDefamation.org website, including his legal complaint: https://clickbaitdefamation.org/ - My post about this case: https://www.techdirt.com/articles/20200113/18320443724/dear-larry-lessig-please-dont-file-slapp-suits.shtml Also, for the first time, we are providing a transcript with this podcast. This is an experiment. We have wanted to do transcripts for a while, but it is usually quite expensive and/or time consuming. In this case, given the likely interest in the discussion, we felt it was worthwhile. We are testing an automated transcript service, and while we've gone through it and tried to correct the errors, it is likely that some still made it through. We apologize for any such errors and will try to correct them if you alert us in the comments. You can read the transcript on Techdirt: https://www.techdirt.com/articles/20200211/11583043904/techdirt-podcast-episode-238-larry-lessig-defends-his-clickbait-defamation-lawsuit.shtml

How Privacy Laws Harm Criminal Defendants Feb 04, 2020

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Privacy laws are often well-intentioned, but rarely without terrible unintended consequences. And some of these fly right under the radar, like the fact that various privacy laws have made it harder for defense teams in criminal trials to access critical information, even as law enforcement and prosecutors don't seem to face the same problem. This week, we're joined by Berkeley Law's Rebecca Wexler, who has been tracking this issue and working on an upcoming paper about it, to discuss how privacy laws are harming criminal defendants.

Talkin' Jomboy, New Media & Copyright Jan 28, 2020

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If you're a baseball fan, you've probably heard of Jomboy (aka Jim O'Brien) by now. And if you're not, you still might have — because he's been getting attention by building a successful new media network online with his baseball explainer videos. And of course, that includes facing some familiar copyright and ContentID obstacles along the way. This week, Jomboy himself joins us on the podcast to discuss the experience, the challenges, and yes, the baseball.

The CES 2020 Post-Mortem Jan 21, 2020

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Once again, it's time for the CES post-mortem! Unlike past years, Mike didn't make it to the 2020 show, but our regular guest and unrivaled CES veteran Rob Pegoraro is back with all the important details from the ground. Listen in to find out what new consumer tech, both expected and unexpected, the industry is pushing this year.

Mike Godwin Defends Selling .ORG Jan 15, 2020

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We're back! It's been a lull over the holidays and we've gone a while without new podcast episodes, but now we've got several lined up for the coming weeks — and today we kick things off with a very interesting discussion. Many of you probably know about the controversy and concern over the Internet Society's sale of the .ORG domain registry to a private equity firm, but one prominent defender of the deal is ISOC trustee Mike Godwin, and today he joins us to explain his reasoning and try to convince Mike that the sale is a good idea.

Your Secret Consumer Score Dec 03, 2019

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When Kashmir Hill last joined us on the podcast, it was to discuss her experiment with cutting big tech companies out of her life. This week she's back to discuss something even harder to escape, and subject of her recent article in the New York Times: the low-profile companies that track consumers and assign them secret scores, and the disturbing amount of power they wield.

Copying Is Not Theft Nov 12, 2019

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We've said it before (and even put it on a t-shirt) and we'll say it again: copying is not theft, and intellectual "property" is anything but. In September, the Niskanen Center published an excellent paper exploring this issue and explaining why IP is a misnomer — and this week we've got one of the authors of that paper, Daniel Takash, to discuss in more detail why property is simply the wrong lens for looking at copyrights and patents.

Working Futures, Part Two Nov 05, 2019

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GET YOUR COPY OF THE ANTHOLOGY AT https://workingfutur.es/ A few weeks ago, we sat down with some of the authors from Working Futures, our new anthology of short stories about the future of work. Today we're back with three new guests whose stories are featured in the collection: Andrew Dana Hudson, N. R. M. Roshak, and Randy Lubin (who helped design the scenario-planning game we used to spawn ideas for many of the stories). We hope you enjoy this second instalment in our discussion all about Working Futures and the intriguing, challenging stories therein.

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