The future producer of “Himbo Heist”

Profile banner

The future producer of “Himbo Heist”

@legalminimum.bsky.social

No longer head lawyer for Bungie. Kinda retired. Have entered my super villain era. Ex-Chief Legal Officer of Pokémon. Produced Detective Pikachu. Entertainment Law prof (University of Washington). Supporter of trans kids.
Avatar
They use keyword and symbol bans, I believe. No examination, just if the word or symbol is in the clip, you’re gone.
Avatar
I think this because every year on my birthday my brother posts a childhood photo of me and if I respond “I will kill you for this” it’s an immediate ban even though no intelligent human could possibly construe that as a legit death threat.
Avatar
To the point where I hesitated before posting this skeet expecting a ban just for telling the story.
Avatar
I can’t be the only one who thinks they’re nostalgic for when Governor Eric Baker did his floor challenge against Congressman Matt Santos, and how Santos won the floor challenge and Arnie Vinick never mentioned it during the campaign.
Avatar
If you’re in a jurisdiction where rights of personality aren’t created by statute, the common law is that reputational claims die with you.
Avatar
Avatar
Sure, except: Amazon created an entire vector of counterfeit goods by this. If the market were supplemented by legislation requiring Amazon to be liable for “fulfilled by Amazon” goods, well that’s section 230 reform I can get behind.
Avatar
Avatar
Gives me flashbacks to “it’s just a placeholder” nonsense when I would disapprove ads. Then use a different one that you’re not likely to forget to remove.
Avatar
Wait until you hear what my first job was at Microsoft and where I met the people I’m talking about.
Avatar
Very correct and I don’t think you’re endorsing it. The CPSC is doing what they can with the statutory authority and budget they have.
Avatar
I remember coming across a parent who had bought their own X-Ray Spectrometer to do chemical testing on the toys their kid touched. I thought that was a bit excessive, not a future state aspiration.
Avatar
But that’s the challenge: the purchaser isn’t the consumer. The only way to know that magnet in the toy is properly-attached is destructive testing, and no one is going to do that with every product they buy. For example.
Avatar
Still concrete, just usually less immediate.
Avatar
Related: why are there so many counterfeit toys? Because birthday present givers don’t know how to tell the difference. If it’s on Amazon, that used to be good enough for them (a reputation Amazon has recently ruined with drop-shipped garbage).
Avatar
If only they had a Legal team to stop this from happening…
Avatar
I hear you on that. When I was at Pokémon for example I advocated for strong safety regulations for kids products, in large part because I felt it gave us a competitive advantage with parents to show that we cared about their kids like they do.
Avatar
Our PR and Marketing teams didn’t feel that way, so they asked me never to speak about this. But now that I’m out here with no NDA because they were too stupid to try to get one, my book is going to be full of stories about how I tried to do this and was blocked internally.
Avatar
And yet, the world demonstrates regularly that it doesn’t.
Avatar
This is kind of unfair because we are fighting on a battlefield I know intimately (kids product safety), so I have to drop a heavy dose of: trust me, this is an excellent example of market failure.
Avatar
Information asymmetries are a part of it, but I pick those 3 because to my mind they emanate from different sources. Building codes is information asymmetry. Airplane safety is an artefact of high costs of entry into the market constituting a barrier to competition.
Avatar
Kids products is the most abstract: it’s an artefact of the purchaser and the consumer being different people, so their goals aren’t perfectly aligned. Safety raises cost of goods, and not every person buying a product for a kid is incentivized that way.
Avatar
Example: schools aren’t the parent and so they’re not as worried about long-term safety issues. What does focus their mind on that: lawsuits. This is why the only government intervention libertarians universally like is “tort reform”.
Avatar
Avatar
I can’t think of a problem that’s solved by the market that isn’t more effectively and efficiently solved by regulation, but that may be a paucity of imagination on my part. Got any suggestions?
Avatar
On my side I’ll drop: airplane safety, kids product safety, and building codes, to name three that come easily to mind.
Avatar
There are very few problems that “the market” can correct. As I often point out, it took the government to end child labor, as we can see by the push today to cripple government so it can be brought back.
Avatar
France being my escape valve from North America (I don’t think Canada will be far enough if things here go really sideways, and I can waive into the Paris Bar overnight using my Quebec one), I pay a lot of attention to things over there.
Avatar
I’m fairly sure he didn’t like it much, probably because he thought (like all Right-wing politicians) that the far Right would be comfortable enough with him and his folks to vote there instead. But it does happen every time.
Avatar