Quotulatiousness

January 19, 2018

Playboy sues Boing Boing for … linking?

Filed under: Law, Liberty, Media, Technology, USA — Tags: , , , — Nicholas @ 05:00

I thought this sort of legal stupidity went out with the 90s …

A few weeks ago we were shocked to learn that Playboy had, without notifying us, sued us over this post (we learned about it when a journalist DM’ed us on Twitter to ask about it). Today, we filed a motion to dismiss, asking the judge to throw out this baseless, bizarre case. We really hope the courts see it our way, for all our sakes.

Playboy’s lawsuit is based on an imaginary (and dangerous) version of US copyright law that bears no connection to any US statute or precedent. Playboy — once legendary champions for the First Amendment — now advances a fringe copyright theory: that it is illegal to link to things other people have posted on the web, on pain of millions in damages — the kinds of sums that would put us (and every other small publisher in America) out of business.

Rather than pursuing the individual who created the allegedly infringing archive, Playboy is pursuing a news site for pointing out the archive’s value as a historical document. In so doing, Playboy is seeking to change the legal system so that deep-pocketed opponents of journalism can shut down media organizations that displease them. It’s a law that they could never get from Congress, but which they hope the courts will conjure into existence by wiping us off the net.

It’s not just independent publishers who rely on the current state of copyright law, either. Major media outlets (like Playboy!) routinely link and embed media, without having to pay a lawyer to research the copyright status of something someone else posted, before discussing, explaining or criticizing it.

The world can’t afford a judgment against us in this case — it would end the web as we know it, threatening everyone who publishes online, from us five weirdos in our basements to multimillion-dollar, globe-spanning publishing empires like Playboy.

As a group of people who have had long associations with Playboy, reading the articles (really!) and sometimes writing them, we hope the judge sees it our way — for our sakes… and for Playboy‘s.

Day 4 Cuban Missile Crisis – Soviet nukes ready to strike the US

Filed under: Americas, History, Military, Russia, USA — Tags: , , , , , — Nicholas @ 04:00

TimeGhost
Published on 6 Nov 2017

On the 19th of October 1962, the Soviet nuclear forces on Cuba are working on getting the warheads for their SS4 missiles combat ready. In Washington, President John F. Kennedy faces off with the Joint Chiefs of Staff, including General Curtis LeMay (his arch enemy), who demand more freedom for military action.

The ineffectiveness of the NFL kneeling protests

Filed under: Football, Liberty, Media, Politics, USA — Tags: , , , — Nicholas @ 03:00

In the Wall Street Journal, Shelby Steele explained (among other things) why the NFL protests went nowhere and seemed to have so little positive effect … unfortunately, that essay is behind a paywall, so Rod Dreher has pulled out some key excerpts:

… Steele reflects that black protest has lost its power to change minds in our culture. Steele says the self-defeating nature of the NFL kneeling protests — they have not only failed to change minds, but have ended up hurting the league. He says that unlike Martin Luther King and the civil rights protesters, these wealthy players took no serious risks. Nevertheless, because black protest has in the recent past been so incredibly effective, it makes sense that they would follow this model:

    It is not surprising, then, that these black football players would don the mantle of protest. The surprise was that it didn’t work. They had misread the historical moment. They were not speaking truth to power. Rather, they were figures of pathos, mindlessly loyal to a black identity that had run its course.

    What they missed is a simple truth that is both obvious and unutterable: The oppression of black people is over with. This is politically incorrect news, but it is true nonetheless. We blacks are, today, a free people. It is as if freedom sneaked up and caught us by surprise.

    Of course this doe not mean there is no racism left in American life. Racism is endemic to the human condition, just as stupidity is. We will always have to be on guard against it. But now it is recognized as a scourge, as the crowning immorality of our age and our history.

    Protest always tries to make a point. But what happens when that point has already been made — when, in this case, racism has become anathema and freedom has expanded?

Steele goes on to say that black Americans, victims of four centuries of grinding oppression, weren’t ready for freedom.

    [F]reedom put blacks at the risk of being judged inferior, the very libel that had always been used against us.

    To hear, for example, that more than 4,000 people were shot in Chicago in 2016 embarrasses us because this level of largely black-on-black crime cannot be blamed simply on white racism.

Steele makes the interesting and important point that freedom “is a condition, not an agent of change.” It doesn’t mean things get better for you automatically. It only means that one has the liberty to change one’s life. And with freedom comes responsibility.

What “killed” the most tanks in World War 2?

Filed under: Britain, Europe, France, Germany, History, Military, USA, WW2 — Tags: , , — Nicholas @ 02:00

Military History Visualized
Published on 22 Dec 2017

This video discusses what killed the most tanks in World War 2. Was it anti-tank guns, mines, planes, hand-held anti-tank weapons, mechanical breakdowns, etc. Also a short look at the problems of the term “kill”, e.g., mobility, firepower and catastrophic/complete kill.

Original Question by Christopher: “What destroyed the most tanks during WW2: infantry, planes, anti-tank guns, or other tanks (I’m not sure if tank destroyers needs its own category or not).”

January 18, 2018

Why do young women today feel they have less agency than their grandmothers did?

Filed under: Media, Politics, USA — Tags: , , , , — Nicholas @ 06:00

Megan McArdle on the weird path young women have taken in recent years that earlier cohorts did not:

I have now had dozens of conversations about #MeToo with women my age or older, all of which are some variant on “What the hey?” It’s not that we’re opposed to #MeToo; we are overjoyed to see slime like Harvey Weinstein flushed out of the woodwork, and the studio system. But we see sharp distinctions between Weinstein and guys who press aggressively — embarrassingly, adulterously — for sex. To women in their 20s, it seems that distinction is invisible, and the social punishments demanded for the latter are scarcely less than those meted out for forcible rape.

There’s something else we notice, something that seems deeply connected to these demands for justice: These women express a feeling of overwhelming powerlessness, even though they are not being threatened, either physically or economically. How has the most empowered generation of women in all of human history come to feel less control over their bodies than their grandmothers did?

Let me propose a possible answer to this, suggested by a very smart social scientist of my acquaintance: They feel this way because we no longer have any moral language for talking about sex except consent. So when men do things that they feel are wrong — such as aggressively pursuing casual sex without caring about the feelings of their female target — we’re left flailing for some way to describe this as non-consensual, even when she agreed to the sex.

Under the old code, of course, we had ample condemnatory terms for men who slept with women carelessly, without much regard for their feelings: cads and rakes, bounders and boors. Those words have now decayed into archaism. Yet it seems to me that these are just the words that young women are reaching for, when instead they label things like mutually drunken encounters and horrible one-night stands as an abuse of power, a violation of consent — which is to say, as a crime, or something close to it. To which a lot of other people incredulously respond: now being a bad lover is a crime?

This isn’t working. And perhaps a little expansion of our moral language will illuminate not just our current dilemma, but the structural reasons behind it. I’m thinking of a fairly recent paper by political scientist Michael Munger, which introduced the concept of euvoluntary exchange. Put simply, though we talk a great deal about voluntary exchange, the fact is that we often think voluntary exchanges are morally wrong. After all, the quid pro quo offered by Weinstein was in some sense voluntary, and yet also, totally unacceptable. Likewise price gouging after natural disasters, blackmail and similar breaches.

We have an intuition, says Professor Munger, that in order for an exchange to be really valid, both parties need to have a minimally acceptable alternative to making the deal. And in the case of sex, I think that often women no longer feel they have those alternatives. So expanding Professor Munger’s analysis to consensual sex — we might call it euconsensual sex — may give us some insight into what’s gone wrong.

My generation of women was not exactly unfamiliar with casual sex, or aggressive come-ons. But we didn’t feel so traumatized by them or so outraged. If we went to a man’s apartment, we might be annoyed that he wouldn’t stop asking, but we weren’t offended, nor did we feel it was impossible for us to refuse, or leave.

Weird lawsuit filed against Waymo engineer

Filed under: Business, Law, USA — Tags: , , , — Nicholas @ 05:00

In The Register, Kieren McCarthy reports on the case:

The engineer at the center of a massive self-driving car lawsuit – brought by Google-stablemate Waymo against Uber – neglects his kids, is wildly disorganized, and has a large selection of bondage gear, his former nanny has sensationally alleged.

Anthony Levandowski may also be paying a Tesla techie for trade secrets, may have secretly helped set up several self-driving car startups, and at one point planned to flee across the border to Canada in an effort to avoid the legal repercussions of his actions at both Waymo and Uber, it is further claimed.

Those extraordinary allegations come in a highly unusual lawsuit [PDF] filed earlier this month by his ex-nanny Erika Wong, who worked for Waymo’s former star engineer for six months, from December 2016 to June 2017.

Wong’s lawsuit identifies no less than 41 causes of action – ranging from alleged health and safety code violations to emotional distress – and asks for a mind-bogglingly $6m in recompense. Levandowski’s lawyer said the lawsuit is a “work of fiction.”

Not safe for work bits below the fold:

(more…)

QotD: The news business, post-internet impact

Filed under: Media, Politics, Quotations, USA — Tags: , , — Nicholas @ 01:00

The job he was hired to do, namely to help the president of the United States communicate with the public, was changing in equally significant ways, thanks to the impact of digital technologies that people in Washington were just beginning to wrap their minds around. It is hard for many to absorb the true magnitude of the change in the news business — 40 percent of newspaper-industry professionals have lost their jobs over the past decade — in part because readers can absorb all the news they want from social-media platforms like Facebook, which are valued in the tens and hundreds of billions of dollars and pay nothing for the “content” they provide to their readers. You have to have skin in the game — to be in the news business, or depend in a life-or-death way on its products — to understand the radical and qualitative ways in which words that appear in familiar typefaces have changed. Rhodes singled out a key example to me one day, laced with the brutal contempt that is a hallmark of his private utterances. “All these newspapers used to have foreign bureaus,” he said. “Now they don’t. They call us to explain to them what’s happening in Moscow and Cairo. Most of the outlets are reporting on world events from Washington. The average reporter we talk to is 27 years old, and their only reporting experience consists of being around political campaigns. That’s a sea change. They literally know nothing.”

David Samuels, “The Aspiring Novelist Who Became Obama’s Foreign-Policy Guru”, New York Times Magazine, 2016-05-05.

January 17, 2018

Thirty-eight minutes in Hawaii

Filed under: Government, Media, Pacific, USA — Tags: , , , — Nicholas @ 03:00

Colby Cosh on the false alarm in Hawaii:

Of course, an incident like this really takes several idiots lined up in a long row. Missile tests by North Korea have been making Hawaiian officials nervous lately about the archipelago’s exposed position in the mid-Pacific. The rhetoric being traded between dictator Kim Jong-un and U.S. President Donald Trump is certainly not so easy to brush off in Hawaii, where plenty of living people have personal memories of Pearl Harbor.

U.S.-North Korean tension has, in recent months, been leading to a de-mothballing of old civil-defence measures in Hawaii, such as sirens and bomb shelters. It has also led, as we now know, to the updating of the traditional emergency broadcasting system. It can now reach out to your phone and fling you right out of your four-poster bed at the Hyatt Regency Waikiki Beach.

For something that was “not a drill”, the mistaken smartphone message will have had a lot of the same effects. The most important thing that HEMA learned was that if you have the ability to electronically auto-terrorize everyone within a certain radius, you had better have some fast, equally automatic way of correcting an error. It took HEMA 38 minutes to send a second notice to smartphone users reading “There is no missile threat or danger to the State of Hawaii. Repeat. False Alarm.” And, no, I’m not sure what the “Repeat” is doing there, either.

During those 38 minutes, thousands of Hawaiians and tourists had sent desperate farewells to loved ones — although some noticed that the outdoor sirens, which had just been tested last month, were not going off, and drew the correct conclusion. There is very little evidence of anything technically describable as “panic” happening in the state, despite the ubiquitous use of that word in Sunday headlines.

Jokes about poor interface design are being circulated in the aftermath of the Hawaiian incident, but the governor did specify that the person who made the “mistake” actually clicked through a second “are you sure you want to create traumatizing chaos for no reason?” confirmation message. HEMA also says it will require two separate people to confirm smartphone alerts in the future, which, if I can be forgiven a toe-dip into conspiratorial thinking, almost seems to hint at the possibility of some kind of awareness-raising prank.

January 16, 2018

QotD: Intersectionality

Filed under: Education, Politics, Quotations, USA — Tags: , , , , , — Nicholas @ 01:00

The term and concept were presented in a 1989 essay by Kimberlé Crenshaw, a law professor at UCLA, who made the very reasonable point that a black woman’s experience in America is not captured by the summation of the black experience and the female experience. She analyzed a legal case in which black women were victims of discrimination at General Motors, even when the company could show that it hired plenty of blacks (in factory jobs dominated by men), and it hired plenty of women (in clerical jobs dominated by whites). So even though GM was found not guilty of discriminating against blacks or women, it ended up hiring hardly any black women. This is an excellent argument. What academic could oppose the claim that when analyzing a complex system, we must look at interaction effects, not just main effects?

But what happens when young people study intersectionality? In some majors, it’s woven into many courses. Students memorize diagrams showing matrices of privilege and oppression. It’s not just white privilege causing black oppression, and male privilege causing female oppression; its heterosexual vs. LGBTQ, able-bodied vs. disabled; young vs. old, attractive vs. unattractive, even fertile vs. infertile. Anything that a group has that is good or valued is seen as a kind of privilege, which causes a kind of oppression in those who don’t have it. A funny thing happens when you take young human beings, whose minds evolved for tribal warfare and us/them thinking, and you fill those minds full of binary dimensions. You tell them that one side of each binary is good and the other is bad. You turn on their ancient tribal circuits, preparing them for battle. Many students find it thrilling; it floods them with a sense of meaning and purpose.

And here’s the strategically brilliant move made by intersectionality: all of the binary dimensions of oppression are said to be interlocking and overlapping. America is said to be one giant matrix of oppression, and its victims cannot fight their battles separately. They must all come together to fight their common enemy, the group that sits at the top of the pyramid of oppression: the straight, white, cis-gendered, able-bodied Christian or Jewish or possibly atheist male. This is why a perceived slight against one victim group calls forth protest from all victim groups. This is why so many campus groups now align against Israel. Intersectionality is like NATO for social-justice activists.

This means that on any campus where intersectionality thrives, conflict will be eternal, because no campus can eliminate all offense, all microaggressions, and all misunderstandings. This is why the use of shout-downs, intimidation, and even violence in response to words and ideas is most common at our most progressive universities, in the most progressive regions of the country. It’s schools such as Yale, Brown, and Middlebury in New England, and U.C. Berkeley, Evergreen, and Reed on the West Coast. Are those the places where oppression is worst, or are they the places where this new way of thinking is most widespread?

Jonathan Haidt, “The Age of Outrage: What the current political climate is doing to our country and our universities”, City Journal, 2017-12-17.

January 15, 2018

Day 0 Cuban Missile Crisis – Atomic Tests and Missiles Discovered

Filed under: Americas, History, Military, Russia, USA — Tags: , , , , , — Nicholas @ 04:00

TimeGhost
Published on 24 Oct 2017

In the summer of 1962, a war of words between the United States and the Soviet Union and a number of nuclear tests on both sides increased tensions that had been mounting for years. Both sides were living under increasing panic that the other would ‘press the button’ and launch a preemptive nuclear strike, possibly destroying the world in the process. When on October 14 1962 the US discovered missiles on Cuba, that fear increased and almost came true.

Simulate a nuclear bomb anywhere: http://nuclearsecrecy.com/nukemap/

Support us on Patreon: https://www.patreon.com/TimeGhostHistory

Hosted by: Indy Neidell
Written by: Spartacus Olsson
Produced and Directed by: Astrid Deinhard
Executive Producers: Bodo Rittenauer, Astrid Deinhard, Indy Neidell, Spartacus Olsson
Camera by: Jonas Klein
Edited by: Jonas Klein, Spartacus Olsson

A TimeGhost chronological documentary produced by OnLion Entertainment GmbH

The postwar “international order”

Filed under: Britain, Economics, History, USA — Tags: , , , — Nicholas @ 03:00

Niall Ferguson on the notion of a post-1945 international liberal order:

The phrase international order reminds me of the phrase Western civilization. As Indian independence icon Mahatma Gandhi wittily replied when asked about Western civilization, “It would be a good idea.” The notion that international order exists or has ever existed seems highly questionable to me. The notion of a liberal international order is even more questionable because it is neither liberal, nor international, nor very orderly.

It is often claimed by political scientists that the liberal international order came into existence in 1945. The argument goes that American and British statesmen, having learned from the terrible mistakes of the 1930s and 1940s, decided to make the world anew by creating a series of remarkable international institutions: the United Nations, the International Monetary Fund and later the World Bank. According to this narrative, Donald Trump’s election as US president in 2016 was a wrecking ball directed at the liberal international order created by the generation of 1945.

Yet this is a fairy tale. For one thing, there was nothing very liberal about the economic order that was established in 1945. It was devised by people – notably John Maynard Keynes – who had repudiated classical liberal economics and believed that international trade should be limited and capital movements controlled.

It was also not a truly international order. After 1945, it very quickly became a bipolar order that divided the world. There was nothing international about the Cold War. It was a battle between two empires and two ideologies, and the rest of the world’s nations had to choose sides.

In short, the notion of a liberal international order, born in 1945, is a historical fantasy. The reality is that it was only in 1991 when the Soviet Union collapsed and the Cold War ended that it was possible to create a liberal international order. The era of truly free trade, truly free capital flows and large-scale migration across borders did not begin until the 1990s.

January 14, 2018

Prologue 2 Cuban Missile Crisis – The Cold War Heats Up

Filed under: Americas, History, Military, Russia, USA — Tags: , , , , , — Nicholas @ 06:00

TimeGhost
Published on 19 Oct 2017

For 13 days in October 1962 the world came closer to nuclear holocaust than ever before, but the Cuban Missile Crisis didn’t start in Cuba – it had its roots in Berlin, Italy and Turkey, the domestic political situation in the US facing the newly elected President John F Kennedy, and in the USSR, where Premier Nikita Khrushchev had taken leadership of the Soviet through a harsh four year power struggle after Stalin’s death in 1953.

Hosted by: Indy Neidell
Written by: Spartacus Olsson
Produced and Directed by: Astrid Deinhard
Executive Producers: Bodo Rittenauer, Astrid Deinhard, Indy Neidell, Spartacus Olsson
Camera and editing by: Jonas Klein

A TimeGhost chronological documentary produced by OnLion Entertainment GmbH

Google’s unhealthy political monoculture

Filed under: Business, Law, Technology, USA — Tags: , , , — Nicholas @ 03:00

Megan McArdle doesn’t think that the lawsuit that James Damore is pursuing against Google has a lot of legal merit, but despite that she’s confident that the outcome won’t be happy for the corporation:

The lawsuit, just filed in a California court, certainly offers evidence that things were uncomfortable for conservatives at Google. And especially, that they were uncomfortable for James Damore after he wrote a memo suggesting that before Google went all-out trying to achieve gender parity in its teams, it needed to be open to the possibility that the reason there were fewer women at the firm is that fewer women were interested in coding. (Or at least, in coding with the single-minded, nay, obsessive, fervor necessary to become an engineer at one of the top tech companies in the world.)

That much seems quite clear. But it’s less clear that Damore has a strong legal claim.

I understand why conservative employees were aggrieved. Internal communications cited in the lawsuit paint a picture of an unhealthy political monoculture in which many employees seem unable to handle any challenge to their political views. I personally would find it extremely unsettling to work in such a place, and I am a right-leaning libertarian who has spent most of my working life in an industry that skews left by about 90 percent.

But these internal communications have been stripped of context. Were they part of a larger conversation in which these comments seem more reasonable? What percentage did these constitute of internal communications about politics? At a huge company, there will be, at any given moment, some number of idiots suggesting things that are illegal, immoral or merely egregiously dumb. That doesn’t mean that those things were corporate policy, or even that they were particularly problematic for conservatives. When Google presents its side of the case, the abuses suggested by the lawsuit may turn out to be considerably less exciting — or a court may find that however unhappy conservatives were made by them, they do not rise to a legally actionable level.

Google, for its part, says that it is eager to defend the lawsuit. But lawyers always announce that they have a sterling case that is certain to prevail, even if they know they are doomed. And unless they can present strong evidence that there were legions of conservatives happily frolicking away on their internal message boards while enjoying the esteem of their colleagues and the adulation of their managers, there is no way that this suit ends well for Google. If the company and its lawyers think otherwise, they are guilty of a sin known to the media as “reading your own press releases,” and to drug policy experts as being “high on your own supply.”

There are expensive, time-consuming, exasperating lawsuits, and then there are radioactive lawsuits that poison everyone who comes within a mile of them. And this lawsuit almost certainly falls into the latter category.

January 13, 2018

Everyone You Love Did Drugs

Filed under: History, Law, Liberty, USA — Tags: , , , — Nicholas @ 06:00

ReasonTV
Published on 12 Jan 2018

It turns out that a lot of accomplished, well-respected historical figures did drugs. From Winston Churchill taking amphetamines to Thomas Edison lacing his wine with cocaine, not everyone who uses narcotics is a hopeless basket case living in a dumpster. While some drug users spiral into addiction and crime, others go on to become president. It’s time to debunk the age old stereotypes of the back alley dangerous dealer or the lazy stoner when, according to the National Survey on Drug Use, roughly half of all Americans have tried an illegal drug.

In the latest “Mostly Weekly” host Andrew Heaton breaks down the cartoonish Drug Warrior portrayal of drugs by showing some of the beloved historical figures who used them.

The common factor of the Net Neutrality fight and the EpiPen price gouging scandal

Filed under: Bureaucracy, Economics, Government, Health, Technology, USA — Tags: , , , , — Nicholas @ 05:00

Lili Carneglia explains what these two examples of “capitalist excess” are actually the result of regulatory failures:

Without net neutrality, regulations that prevent internet service providers (ISPs) from charging more for priority speeds and higher bandwidth-use sites would disappear. Most Americans are pretty confused by the revised rules but highly skeptical that this action could have any benefits. Many people, especially those living in the rural south where choices are limited, feel like these companies have been taking advantage of their customers for years, and loosening regulatory constraints on these companies seems like a terrible idea.

Net neutrality was a regulatory policy set under the Obama administration in 2015 that mandated ISPs to treat the internet like other utilities, such as highways and railroads, under laws established before most people had TVs. Under these rules, companies must act as neutral gateways to the internet without controlling the content or the speed of the content that passes through that gateway. Supporters of the rule argue that these regulations ensure the free flow of information, while those against the policy see net neutrality as a misapplication that stifles an industry that is more dynamic than other public utilities.

[…]

Yes, a handful of industry giants can and have abused their market power. Most consumers have limited ISPs to choose from in a given area, and options are more limited outside of big cities, where “three-quarters of American homes have no competitive choice for the essential infrastructure for 21st-century economics and democracy,” according to the former FCC chairman Tom Wheeler. It is important to consider how these circumstances came about before deciding that federal regulation might help consumers.

Governments, by and large, prefer to have fewer players in a given market as it makes that market easier to regulate, and the easiest market to regulate is a monopoly. When cable networks were beginning to spread across North America, many local governments were persuaded that a single cable provider would be the best option for their jurisdiction and the broadband internet market that came later was heavily shaped by the already carved-up markets for cable TV. For many, there were no competitive options because the local government had precluded the chance of competition for their already entrenched cable monopoly (or, in a few cases, tight oligopoly).

Competition is the best answer to monopolistic abuse of customers … if you get shitty service from the Blue Cable Company, you’ll be more likely to switch to the Red Cable Company. If you only have Red and Blue to choose from, your leverage is small, but if you have a full rainbow of competing options, Red and Blue are forced to make their services at least comparable to what Orange and Pink and Magenta are offering, or they lose too many customers. If there’s no threat of a competitor scooping up unhappy customers, there’s no incentive for the existing company to do more than the absolute minimum to keep customer complaints down to a dull roar. The customer’s only recourse — other than giving up the service or moving to a different jurisdiction — is to complain to the regulator.

The base problem with Mylan’s EpiPen price gouging is the same: an effective monopoly supported by the government:

The arguments against net neutrality repeals center around fears about what producers will do without regulation since they have significant market power and the ability to raise prices to levels that would not be sustainable under more competitive conditions. The concern about increased internet prices is similar to what happened in 2016 when a pharmaceutical company with market power, Mylan, increased the price of life-saving EpiPens by about 400 percent.

The “greedy” pharmaceutical companies were hung out to dry as Congress berated Mylan representatives in hearing after hearing. There were similar cries of outrage and demands that the federal government do something to prevent such selfish price-gouging, similar to what many consumers fear ISPs will do absent regulations.

Even (supposed) free-market advocates started supporting further regulation during the EpiPen debate. Most notably, then fiscal hawk representative and now Trump budget director Mick Mulvaney, defended further market intervention on the condition that, “If you want to come to the state capitols and lobby us to make us buy your stuff, this is what you get. You get a level of scrutiny and a level of treatment that would ordinarily curl my hair.”

However, in all of those hearings, almost no one bothered to unearth the problem that Mulvaney hinted at: Why was Mylan able to increase that price in the first place? Government intervention. Burdensome FDA regulations and other laws pressuring public schools to buy the drug essentially granted Mylan a monopoly. It was as misguided then as it is now to think that these same institutions can be trusted to clean up the mess they created.

Mylan had no effective competition, so there was nothing to stop the price gouging until it got so bad that even the regulator had to pay attention. If there were other pharmaceutical companies allowed to compete, do you think Mylan would have risked jacking up the price only to watch their competitors gaining market share?

Scott Alexander explained the Mylan monopoly quite expansively in 2016.

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