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Jesse

@jessemerle.bsky.social

42 followers 160 following 603 posts

I structure social enterprises and impact investments, and I teach at Berkeley Law. I am a board member of Lookout, a 2024 Pulitzer Prize-winning news org. I also play the fiddle, watch birds, and garden.


Jesse's avatar Jesse @jessemerle.bsky.social
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Didn’t read past your rude first sentence

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Jesse's avatar Jesse @jessemerle.bsky.social
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No. These two outcomes are not equally bad. Sorry.

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Jesse's avatar Jesse @jessemerle.bsky.social
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It will be all about the next candidate. Bring it on!

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Jesse's avatar Jesse @jessemerle.bsky.social
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Why? Because Democrats stand for ideas and not personalities? Because Trump will destroy democracy? Any argument would be better than the age one.

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Jesse's avatar Jesse @jessemerle.bsky.social
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Any other conversation really

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Jesse's avatar Jesse @jessemerle.bsky.social
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The only person who can dispel this vicious age story is Biden himself. But he does not appear to be able to do so. And that is a big problem.

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Jesse's avatar Jesse @jessemerle.bsky.social
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I love Stacey Abrams. But in pessimistic moments, I fear that if Biden remains, age will be the defining feature of the race, not the existential danger Trump poses.

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Jesse's avatar Jesse @jessemerle.bsky.social
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Not really. They can sue but tough to break through the BOD protections. They can make a big stink tho!

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Jesse's avatar Jesse @jessemerle.bsky.social
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I think so too. But it’s nuanced :)

bsky.app/profile/jess...

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Jesse's avatar Jesse @jessemerle.bsky.social
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If some of our most well-educated leaders think being a Christian Nationalist is a good thing, then I think we’re putting too much value on Formal Education

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Jesse's avatar Jesse @jessemerle.bsky.social
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I can feel the faculty-admin meeting coming …

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Jesse's avatar Jesse @jessemerle.bsky.social
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This was my last piece for Bloomberg Law on the topic

news.bloomberglaw.com/us-law-week/...

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Jesse's avatar Jesse @jessemerle.bsky.social
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Multiple case and multiple sources :)

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Jesse's avatar Jesse @jessemerle.bsky.social
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The Walters case was where this came from. I was hoping for more but after the judge told OpenAI it needed to provide more information to remove to federal court, OpenAI folded and they stayed in Georgia.

storage.courtlistener.com/recap/gov.us...

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Jesse's avatar Jesse @jessemerle.bsky.social
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Conlaw profs around the country are just freaking out about having to redo their syllabi

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Jesse's avatar Jesse @jessemerle.bsky.social
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And OpenAI! Fucking madness.

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Jesse's avatar Jesse @jessemerle.bsky.social
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There’s actually some good info* coming out about OpenAI’s structure from these suits, so maybe it’s a win for humanity *pre-ppt diagram from Fall 2023 legal filings re jurisdiction, orange is my supposition

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Jesse's avatar Jesse @jessemerle.bsky.social
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I’m not a copyright lawyer so maybe there’s a nuanced argument I don’t fully grasp but it’s just bonkers at a higher public policy level. And lmao, OpenAI asserts that *maybe* the NYT articles were really written by LLMs 😖

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Jesse's avatar Jesse @jessemerle.bsky.social
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Someone please explain to me how OpenAI is allowed to EXIST. Much less allowed to OPERATE.

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Jesse's avatar Jesse @jessemerle.bsky.social
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I mean, the OpenAI *structure* is surely violating all sorts of laws, not even getting to the content theft.

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Jesse's avatar Jesse @jessemerle.bsky.social
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I get that the NYT is pretty shitty, but I’m still pissed about OpenAI’s weaponization of discovery against them. They’re seeking: “documents sufficient to show each and every written work that informed the preparation of each [NYT work], regardless of its length, format, or medium.” WTF? 🤬

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Jesse's avatar Jesse @jessemerle.bsky.social
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The LLM that was trained on stolen NYT content could *never* have come to such lousy conclusions though right??

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Jesse's avatar Jesse @jessemerle.bsky.social
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I think the Times’ lawyers have the better legal (and pr) argument here. And I say that as someone who worked at MoFo for many years. Allyson Bennett should be embarrassed by this.

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Jesse's avatar Jesse @jessemerle.bsky.social
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So the Chief’s immunity opinion is ahistorical and anti-democratic, but it’s also illogical and poorly written?

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Jesse's avatar Jesse @jessemerle.bsky.social
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Was it Josh Blackman? It was Josh Blackman right?

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Jesse's avatar Jesse @jessemerle.bsky.social
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Just chatting with my partner about how most of our close circle of friends (like mostly public defenders and deportation / removal defense attorneys, fwiw) are actively engaged in opposing numerous, horrible Biden/Dem policies, and 100% will vote Dem because they know the awful stakes

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Jesse's avatar Jesse @jessemerle.bsky.social
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Underrated SCOTUS low this term. Deeply dystopian humor is just our reality now.

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Jesse's avatar Jesse @jessemerle.bsky.social
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Gotta use that bully pulpit somehow lol :)

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Jesse's avatar Jesse @jessemerle.bsky.social
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We are very humble! :)

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Jesse's avatar Jesse @jessemerle.bsky.social
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Yeah, the scotus situation really raises the stakes in an existential way. I did catch that immunity ruling while I was backcountry and immediately had to turn my phone back off 😖

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Jesse's avatar Jesse @jessemerle.bsky.social
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Truth is, I don’t know what is the best path to beating Trump. That’s what’s so upsetting - that we’re even in this position. I’d far prefer a kind senile Biden to an evil genius Trump (neither is true of course) but that’s the fucking choice?? Cmon! Completely disillusioned: *still voting Dem obvi*

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Jesse's avatar Jesse @jessemerle.bsky.social
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I’m usually full of shit, but I’m still in the “Biden should go” camp following his debate. Perhaps that’s because I have been actual camping for a week+ so haven’t been following the discourse here…

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Jesse's avatar Jesse @jessemerle.bsky.social
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I’ve been to a number of them with my wife (public defender doing deportation / removal defense) and I’ve never felt so patriotic!

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Reposted by Jesse

Jesse's avatar Jesse @jessemerle.bsky.social
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Not use to disagreeing with so many people whose views I respect 😬😖

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Jesse's avatar Jesse @jessemerle.bsky.social
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Yeah. And old. Us young fucking lawyers know law is just a reflection of power :)

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Jesse's avatar Jesse @jessemerle.bsky.social
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The Supreme Court is a disgrace and no one should believe law is anything other than power

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Jesse's avatar Jesse @jessemerle.bsky.social
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Where did Washington keep his armies? Up his sleevies!

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Jesse's avatar Jesse @jessemerle.bsky.social
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He didn’t just have “a bad debate” tho did he?

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Jesse's avatar Jesse @jessemerle.bsky.social
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So now we watch, with fascination, SCOTUS’s self-defenestration, hoping no one else will see. But we do. We do. Don’t we? We see them lurking in their Court, planning their next right to abort. This mess, *they* made, gives it away: they’re afraid of Election Day.

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Jesse's avatar Jesse @jessemerle.bsky.social
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Do not besmirch the Lorax so. He did not insert himself, you know, into the problem Once-ler made when Truffula Trees fell to his blade. That’s unlike justices who fear their power may soon disappear. Swooped in, they did, then realized their politics are quite despised. …

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Jesse's avatar Jesse @jessemerle.bsky.social
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I’m sorry you’re feeling this way. You will feel better. You will.

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Jesse's avatar Jesse @jessemerle.bsky.social
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Highest levels in a year in Santa Cruz CA too

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