Richard Hoeg Profile picture
Aug 2 26 tweets 9 min read
This is a truly amazing article (and tweet) in its singular, inescapable mission to present erroneously or incomplete information.

Thankfully it will have limited effects because it's only going out to...9.2 million people.

Oh, we should talk about this. (thread)
Fortunately, the very author of this piece has given us instruction on how to "fight back against the modern smear campaign playbook."
So a Twitter thread (absent being able to wield the might of a brand like @NBCNews seems entirely appropriate.)

Let's start at the top. The tweet (and article) is premised around the fact that there is a new groundswell of support for Amber Head as evidenced by the trending of the #AmberHeardDeservesAnApology hashtag.
But even that hook is at least disingenuous by omission as the author herself was "observing" this "trend" many hours before publication. She arrived at her conclusion well before any given hashtag was "trending."

The assertion is further complicated by the fact that the "trend" (such as it was), was artificially organized by Heard supporters the prior day.
While I think that's acceptable behavior, such an organized PR campaign is probably worth mentioning at more than the "passing mention" level to give the full flavor of the events.
(It's also unclear how this "marks a shift in attitude" given the genesis of the trend.)
But moving on to the next issue: The Daily Beast.
As you can probably tell from the above passage, NBC News hasn't read any of the documents, and instead has contented itself with reporting on other reporting.
The problem is that The Daily Beast report is itself rife with errors (as secondary sources sometimes are), and has been forced to correct at least some of the mistakes it made owing to a seeming unfamiliarity with what happened in trial here at virtually any level.
This itself is then further called into question as the author of The Daily Beast piece himself has gone online in a rather...eccentric defense of his work (even as it gets corrected -- and likely requires further correction).

...going so far as to imply that an actual practicing Virginia lawyer commenting the matter is...not real?

(Disclosure: I've regularly streamed and otherwise conversed with Rob of @LumberLaw.)

Now that's all fine as far as it goes, a bad source is simply that, but why not actually go directly to the source? Why depend on a secondary Internet "outlet" at all? Well, that goes back to the fact that they apparently don't trust @aburkhartlaw.
Disregarding the fact that there's no reason to believe that The Daily Beast isn't using Burkhart's publicly available repository itself, the last line is also disingenuous, as no matter how one might feel about her, she has been very open w/ comment.

(Disclosure: I have also streamed with Andrea, and it is worth noting that there appears to be no love lost between Andrea and the author, even though her intentions are made clear from her *press release*.)
So we now have an article based on a "marked shift" the author herself claims was existing before an artificial "trend" used as explanation for the existence of an article premised on documents she hasn't read sourced from a secondary party in the midst of material corrections.
Still with me? Well it doesn't get any better from there. There's hyperbole. (Since 2016, really?)
Intimation of illicit motivation.
Raw assertions absent evidence.
And a wild misconstruing of actual trending topic dynamics based on a small handful of self-selected tweets.
On this last point, it's important to realize a few things (that that the author already knows):

(i) It's tremendously easy to get a hashtag trending (a fact which both @TheEmilyDBaker and @LumberLaw know all too well).
At numbers like these, heck the readers of this thread could get #ShrimpFriedRice trending if they really wanted to. It wouldn't mean anything.
(ii) A trending tag is used both to back up whatever it supposedly represents and also to argue against it (which itself helps the label trend). Telling regular NBC News readers that it's trending status means folks back up its message is disingenuous at best.
Now that doesn't mean that there can't be a positive trend for Heard sentiment represented here, but it does mean that NBC News hasn't remotely made its case, and is taking advantage of a lack of understanding from folks off social media.
Now I don't know if that all counts as a "quick explainer", but hopefully it's a bit of help to those trying to sort signal from noise.

I'm really no fan of Johnny Depp, but even for relatively unimportant articles like this one, we should expect - we deserve - better reporting.

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More from @HoegLaw

Feb 5
Hey, @gofundme, I’m thinking of doing a video on your Freedom Convoy 2022 fundraiser freeze but I need some help. (Cont.)

medium.com/gofundme-stori…
You state in your freeze letter:

“…this fundraiser is now in violation of our Terms of Service (Term 8, which prohibits the promotion of violence and harassment)…”
But I’m looking at the terms of service and they state that what is prohibited is:

Fundraising “…with the implicit or explicit purpose of promoting or involving…User Content that reflects or promotes behavior…in support of…violence…”
Read 13 tweets
Feb 4
Dying Light 2 EULA: Section 6(i)

“Only use the Program for your personal enjoyment and not for any commercial or political purposes.”

Hear that folks? No making political statements with this zombie game! I don’t care if it features vaccines or pandemics. :)
Oh wow, and they kept all the “this might be a beta” language in there (Section 7). Not harmful necessarily but completely unnecessary on retail release.
They include incorrect cross references to Sections 18 and 19 for User generated content. (The real sections are 17 and 18.)
Read 6 tweets
Aug 25, 2021
The fundamentals here are that California and Activision disagree as to what the law requires to be retained/turned over. You can see that with California calling what Activision claims as privileged as merely “attorney involved”.
Similarly, the document destruction looks bad because California is framing the documents as related to the case/complaints, but Activision’s claim is that they are not. Could Activision be lying? Absolutely, but…
…it’s important to note companies destroy documents every day for security and other good reasons, and Activision’s practice would likely be to effect such destruction. Could this be nefarious? Again absolutely, but the act of destruction itself doesn’t make that case.
Read 5 tweets
May 30, 2021
This piece is wrong in that it completely misses the distinction between “society” and “government” (not to mention in treating a bureaucracy’s unelected officials as emblematic of “democracy” itself.)

That said, it’s a common erroneous conflation and one I may discuss further.
Specifically, Mass Effect has a great deal of faith in “people” (or more specifically, individuals). It does not have really any faith in collective action or institutions (including the military). It’s a very 80s media approach to the question (think Ghostbusters and the EPA).
So the article is wrong on its premises, and from there wrong on its argument and conclusions, but one interesting question is ‘Why?’.
Read 12 tweets
Oct 13, 2020
A wild thread here from a famous Internet figure putting a stake in the ground against games and “gamers” because...some folks on a Minecraft server used slurs.

It’s a wild take against a whole industry, but video games (and gamers) get compartmentalized more than others.
I’m a gamer of course, and we’ve talked a lot about industry perceptions/reporting in #VirtualLegality, but it’s always interesting to see games in particular get labeled industry-wide for the actions of a few.

You don’t see the same pushback to YouTube comments, for instance.
Which is all a long way of saying: I never recommend judging entire industries made up of a multitude of different participants, content, and experiences solely based on the bad behavior of a few.

I’d be happy to talk with @tomscott about it sometime.
Read 6 tweets
Oct 6, 2020
So, this is a political document (Democrat-led), and should be taken as such, but it is certainly interesting to see a major House committee declare effectively all current Big Tech companies as monopoly abusers in violation of antitrust laws.
Most notably in respect of Apple, vast weight is given to arguments made by various members of the “Coalition for App Fairness”, including that Apple’s 30% is too expensive, and that they are illegally restricting access to their own hardware.
Will be interesting to see what, if anything, the Republicans add here, but it certainly suggests that a Democrat-led Department of Justice would intend to knock some heads in Big Tech (and that Apple vs Epic will get a bit wilder before the end).
Read 7 tweets

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