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Cake day: August 14th, 2023

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  • Actually, I suppose a name being used for a drug or a Pokémon precludes it from being used for the other, so it is a very shared issue, lol.

    Theoretically, unrelated trademarks can have the exact same name in different fields, owned by completely different owners, but that generally only applies to trademarks that are regular words that are already in use: Apple Computer versus Apple Music (which the Beatles owned and ended up selling to Apple Computer), Monster Energy Drink versus Monster Cable versus Monster Jobs, Dove soap versus Dove chocolate, etc.

    Still, the law looks to likelihood of customer confusion, and maybe it would be too confusing to have a Pokemon named Ozempic.


  • By this logic fat shaming is acceptable?

    I mean, yeah, in many contexts. For example, when a professional athlete shows up to training camp after putting on a bunch of fat in the off-season, that’s fair game. It’s literally their job to maintain their bodies and if we’re allowed to criticize their job performance then we’re certainly allowed to criticize their maintenance of their physical fitness. There’s obviously a clear parallel here between that and other public figures where their intelligence may be fair game for criticism.

    More broadly, when people are engaged in unhealthy habits of any kind (from smoking to sleep deprivation to overwork/stress to terrible relationship decisions to unhealthy eating/exercise habits), I think it’s fair game for loved ones to point that out and encourage steering their lives back towards healthier choices. I’m not advocating that we go and make fun of strangers, the range of acceptable conversation in our day to day relationships is going to be different.

    No, that’s not OK to mock people’s medical conditions, and it’s always a good idea to exercise some empathy and humility to know that things might not always be as easy for others as for yourself. But I’ve never been on board with the idea that fatness is somehow off limits, in large part that I don’t believe that most people’s fatness is inherently innate. Correlations between moving to or away from high obesity areas (most notably between countries or between significant changes of altitude, but also apparent in moves between city centers and suburban car-based communities) make that obvious that fatness is often environmental.

    TLDR: I make fun of Trump’s fat ass all the time.


  • But because intelligence is an inherited trait

    I don’t think this is true, practically speaking. Intelligence is like endurance running speed in that there are heritable components to it, but at the end of the day environmental factors dominate on who is or isn’t faster than another.

    I can make fun of someone for being dumb in the same way that I can make fun of someone for being a slow runner. It’s only problematic when their slowness is actually caused by something out of their control, like some kind of health issue.



  • The boring answer: criminal investigative files generally aren’t released, so they’re compiled in a way that mingles information about victims with information about suspects and witnesses and others potentially involved in criminal activity, intentionally or unwittingly, directly or tangentially.

    If you want to export a list of all names in the files, you’ll want to filter out victims for sure, and probably mere witnesses. You definitely don’t want to out informants and make them vulnerable to retaliation.

    So most law enforcement agencies simply will keep everything secret. The idea of releasing names from the file was unusual, and it’s not surprising that Trump’s own people refused to follow through, especially when it’s highly likely that Trump was in that list of names.


  • No, LCOE is an aggregated sum of all the cash flows, with the proper discount rates applied based on when that cash flow happens, complete with the cost of borrowing (that is, interest) and the changes in prices (that is, inflation). The rates charged to the ratepayers (approved by state PUCs) are going to go up over time, with inflation, but the effect of that on the overall economics will also be blunted by the time value of money and the interest paid on the up-front costs in the meantime.

    When you have to pay up front for the construction of a power plant, you have to pay interest on those borrowed funds for the entire life cycle, so that steadily increasing prices over time is part of the overall cost modeling.


  • My problem with nuclear is both the high cost and, somewhat counterintuitively, the very long life cycles to spread that high cost. The economics only make sense if the plant runs for 75 years, which represents an opportunity cost of displacing whatever might be available in 25 or 50 years.

    A solar plant planned in 2025 might be online in 2027, and decommissioned in 2047, replaced with whatever technology/economics are available then. But a new nuclear reactor bakes in the costs for 80+ years, to be paid by ratepayers who haven’t been born yet.

    So if in 2050 a 2030-constructed nuclear plant is still imposing costs of $66/MWh on ratepayers, to finance the interest and construction costs from 25 years earlier, will that be competitive with the state of solar/wind/batteries/hydrothermal at that time? Given the past trend lines, it seems economically foolish to lock in today’s prices for the next 80 years.






  • But the other misleading part is they looked at 20 years which is close to the life cycle for solar/batteries and not even half the life of nuclear

    I think Lazard’s LCOE methodology looks at the entire life cycle of the power plant, specific to that power plant. So they amortize solar startup/decommissioning costs across the 20 year life cycle of solar, but when calculating LCOE for nuclear, they spread the costs across the 80 year life cycle of a nuclear plant.

    Nuclear is just really, really expensive. Even if plants required no operating costs, the up front costs are so high that it represents a significant portion of the overall operating costs for any given year.

    The Vogtle debacle in Georgia cost $35 billion to add 2 MW 2GW (edit to fix error) of capacity. They’re now projecting that over the entire 75 year lifespan the cost of the electricity will come out to be about $0.17 to $0.18 per kilowatt hour.



  • just spitting the information back out, without paying the copyright source

    The court made its ruling under the factual assumption that it isn’t possible for a user to retrieve copyrighted text from that LLM, and explained that if a copyright holder does develop evidence that it is possible to get entire significant chunks of their copyrighted text out of that LLM, then they’d be able to sue then under those facts and that evidence.

    It relies heavily on the analogy to Google Books, which scans in entire copyrighted books to build the database, but where users of the service simply cannot retrieve more than a few snippets from any given book. That way, Google cannot be said to be redistributing entire books to its users without the publisher’s permission.


  • What does an LLM application (or training processes associated with an LLM application) have to do with the concept of learning?

    No, you’re framing the issue incorrectly.

    The law concerns itself with copying. When humans learn, they inevitably copy things. They may memorize portions of copyrighted material, and then retrieve those memories in doing something new with them, or just by recreating it.

    If the argument is that the mere act of copying for training an LLM is illegal copying, then what would we say about the use of copyrighted text for teaching children? They will memorize portions of what they read. They will later write some of them down. And if there is a person who memorizes an entire poem (or song) and then writes it down for someone else, that’s actually a copyright violation. But if they memorize that poem or song and reuse it in creating something new and different, but with links and connections to that previous copyrighted work, then that kind of copying and processing is generally allowed.

    The judge here is analyzing what exact types of copying are permitted under the law, and for that, the copyright holders’ argument would sweep too broadly and prohibit all sorts of methods that humans use to learn.


  • specifically about the training itself.

    It’s two issues being ruled on.

    Yes, as you mention, the act of training an LLM was ruled to be fair use, assuming that the digital training data was legally obtained.

    The other part of the ruling, which I think is really, really important for everyone, not just AI/LLM companies or developers, is that it is legal to buy printed books and digitize them into a central library with indexed metadata. Anthropic has to go to trial on the pirated books they just downloaded from the internet, but has fully won the portion of the case about the physical books they bought and digitized.


  • No. The court made its ruling with the explicit understanding that the software was configured not to recite more than a few snippets from any copyrighted work, and would never produce an entire copyrighted work (or even a significant portion of a copyrighted work) in its output.

    And the judge specifically reserved that question, saying if the authors could develop evidence that it was possible for a user to retrieve significant copyrighted material out of the LLM, they’d have a different case and would be able to sue under those facts.