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#No question is stupid if it was legitimate
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Imagine blitzø's reaction if he was hooking up with you for the first time and he discovered you have a horse tattoo 😂 man would lose his damn mind lol
-🐈‍⬛ hazbinshusk
THIS…I BEEN THINKING ABOUT THIS FOR MONTHS OMFGGGGG sorry again for being gone forever.
TW: like almost smut but not quite, 18+ on this post,
Notes: LISTEN it’s been a minute since I’ve written anything okay? Take it easy on me. Blitzø invites reader to Ozzie’s when spying on Mox and Mills instead of Stolas. He takes reader home after aaaaand 👉👌 not full sex so this is GN reader. Couldn’t think of a title for the life of me…anyways ENJOY~
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As your hands roam slowly and aimlessly across his shoulders and neck, Blitzø keeps both his claws glued to your hips as he kisses you. He kisses you messily, happily but without much care. He’s pretty drunk…and ready for a good end to a shitty night. “Fuuuuuuuck…you’re like the hottest thing that’s ever agreed to hook up with me.” He pulls away now- well, he stumbles away before chuckling softly. Blitzø leans against the door frame of his apartment, fumbling with his keys as his eyes examine every inch of you. “Why…are you letting me do this again?” After several seconds of him jingling the keys around without even looking, you can’t help but laugh at him. He looks less serious and lustful suddenly, now more genuinely confused and legitimately questioning.
“Hurry up and open the door, stupid.” You reply with a mischievous smirk then swoop in quickly to kiss his face as you palm his half-hard cock through his pants. Blitzø’s insecurities and lingering sober thoughts are washed away by the feeling of you all over him. The feeling is so spectacular that…He drops his keys…then mumbles some incoherent curse words under his breath before capturing your lips with his own. As you gently moan into the affectionate kiss, he leans down to grab the keys very slowly, making you smile against his lips but follow along, gradually lowering down to the floor as you keep your mouth on his.
Finally, after a few seconds of swapping spit with the imp before you, he breaks the kiss and grabs you by the arm, yanking you up with him. That hot, slow and clumsy kiss seemed to sober him up for a second, just long enough for him to get the door unlocked and open. A growl leaves his throat as his smile grows ear to ear, all the while he’s grabbed ahold of your waist and begun guiding you backwards into the open doorway of his home. His lips find yours again, his sharp teeth teasing your bottom lip painfully, his hands grip and then loosen and then tighten again on your sides. Muffled yelps and soft sighs sound from you as you allow him to take you where he wants you.
Before long, you’re sort of turned to the side by his guiding hands, shuffling backwards and FLOP! Your back meets the couch and a few seconds later, Blitzø’s body is flush against yours, lips back into a rhythm with yours. Your fingers feel his warm skin. Holy shit, is he shirtless? How did he manage that so fast? Blitzø lets his hands venture over your chest and stomach briefly before he’s tugging at your top, wanting that skin to skin contact with you immediately. Your hands attempt to help him in getting rid of your shirt but you just sort of get in his way.
Blitzo huffs and grabs your wrists, pinning your hands above your head as he glares down at you. His eyes look over your face, his smile only getting bigger as he watches you wiggle and tug against him. Without a word, he releases your wrists and goes back to your shirt, getting it off easily this time around. That gesture left you a bit stunned, definitely excited and throbbing between your thighs.
As soon as your shirt has been tossed to the ground, Blitzø has his mouth all over you. His knee slides up between your thigh and puts pressure where you need it most, his long tongue softly teases at your neck and collar bones as his hands fumble with the hem of your pants. His knee presses further, his hands squeeze your thighs and hips repeatedly as he sucks and bites a mark onto your shoulder. As soft moans and quickening breaths leave you, it’s all becoming too much. It’s too difficult to wait any longer. You have to speak up, tell him what you want or he’s gonna go on teasing forever I’m sure-
“HOLY FUCKING HELL!!! YOU-YOU HAVE- WOW HAHA OH MY GOD. CAN YOU BE ANYMORE PERFECT?!” His words jolt you from your place of building pleasure, making you sit up a bit and eye him. Blitzø is leaning back now, admiring the art work on your body. Regardless of its back story…you have a horse tattoo. And horses happen to be one of Blitz’s favorite animals so yeah, he gets excited and has to geek out for a moment. “Ugghhhh you’re so fucking hot…” He groans in disbelief of his current situation, rubbing his forehead as he continues to admire your half naked body and the tattoo(s) that decorate it.
Of course, you decide to tease him on this. “Oh you like horses huh?” Your smile is huge, matching Blitzø’s now. “I do~” He says in a deep and hushed voice, leaning in closer and closer. His breath smells like alcohol and his eyes are trained on your mouth and the way your lips move as you speak. “Me too. I’d say I’m a pretty good rider~” Your snarky wink and quick reply nearly has Blitzø foaming at the mouth.
“Oh. My.- Get over here.” Before you can argue with him, Blitzø stands up off the couch and pulls you along with him. In an instant, he’s fully stripped both of you of your clothes now. Blitzø slumps back into the couch, his erection hard and as eager as he is. He puts his hands behind his head before giving you a searing stare down, his eyes lingering on your awaiting crotch.
“Okay, cowboy. Show me whatcha got~”
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your punishment for not asking me any questions is me talking about myself until you get curious about me and aspecialy my work
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qiu-yan · 2 months
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in MDZS the novel, the innkeeper in Yunping mentions that people are too scared to go petition Yunmeng Jiang for help because someone once walked in on Sect Leader Jiang whipping a guy in the main hall, supposedly because the guy was a demonic cultivator.
#mdzs#jiang cheng#wei wuxian#jc apologism#anyways as you can hopefully tell by now this is a jc stan blog.#so as a stan i will do my rightful stan duty and insist that my fave did nothing wrong#so. onwards. the “jiang cheng tortures demonic cultivators” claim is interesting on several levels#because we don't see it happen onscreen. and because thematically mdzs is a book about the unreliability of rumors#especially when said rumors conform to your preexisting understanding of someone. or what you want to hear about someone#it would have been so easy for mxtx to include a scene where jc tortures a demonic cultivator onscreen. i would love to read it too#but that doesnt happen. when jc actually corners wwx he just shoves a dog in his face and bullies him emotionally#smh jc get your shit together!! what is this lame ass display?? not living up to your reputation here loser#anyways. tbh i consider two things separately: 1. mxtx's intentions. and 2. what the text itself implies#for 1. i am legitimately unsure of what to think. mxtx relies on rumors/empathy/etc to give us info about side characters#in part because she's constrained herself to writing from wwx's perspective and has no other easy way of getting the info to us#does she intend for us to question the rumors? or are we supposed to take them as fact because of the narration limits described?#2. what the text itself implies is not necessarily the same as what mxtx intends.#for me mdzs is in part a story about the unreliability of rumors and reputation etc etc. other meta writers than i have explained it better#so for the work to go “all the rumors about wwx were exaggerated/manipulated/not 100% correct.”#“but the rumors about everyone else are 100% true!!!!!”#is peak stupidity. and shit-tier writing#and i actually like mdzs so i would like to believe the writer is more intelligent than that#thus. i conclude in part due to this emotional necessity of mine that there must have been something more going on#anyways. i have similar opinions about the “did jiggy kill rusong” business but that's a post for later#ill probably put my jc torture opinions in their own post some day#yanyan polls
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genspiel · 1 year
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i should be sleeping, but instead i'm wondering if artagan is capable of officiating legally binding weddings in exandria or not
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kabutone · 10 months
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after the years of people jumping on activism like its a trend and then leaving it behind after a few weeks i am so fucking tired. like not to be cynical but like i see SO many people talking about palestine and saving lives but like be so fucking real are you gonna forget all about this in a few months? like how ppl ditched BLM after it gained traction in 2020? like how so fucking MANY OF YOU have stopped wearing a mask despite the pandemic still happening? you could be saving lives right in your own town instead of posting tiktoks that might not even help
i'm not saying you need to dedicate your lives to activism forever and ever but you do need to at least change Something to make yourself and the world better. i will always be listening to black voices, jewish voices, disabled voices, any groups that need to be heard, and trying to change my behavior for the better. like idk after seeing this happen time and time again a LOT of this shit seems so so fake. like there's so many bad things in the world and i know you cannot dedicate your all to every single problem ever forever and i don't want people spreading themselves too thin or burning themselves out but like please don't just stop giving a shit when it's not "popular" or getting you views or pats on the back anymore.
#i keep seeing SO many tiktoks that are like 'it is not that hard to use the filter. there are people dying. you are a bad person etc etc'#and like ok yeah. using a tiktok filter is probably the bare minimum YOU will do before patting yourself on the back and forgetting about i#do you wear a mask? real question. if you're posting that shit trying to guilt people into using a filter answer me.#bc wearing a mask is ALSO the bare minimum to fucking SAVE LIVES. will you do that?#like. idk. i know you don't fucking care i know you just want to look cool.#do you fucking care if people die? or do you just want attention on tiktok. be so fucking real with me.#i can GUARANTEE you that you not wearing a mask harms more people than you not using the stupid fucking tiktok filter.#i can guarantee you that someone that wears a mask is still ten million times better than someone that just used that tiktok filter#if you wanna feel like a hero so fucking bad wear a mask. you will legitimately be protecting and saving people if you do.#also i hate to break it to you but honestly. theres not a lot that normal people can do in this situation.#theres still things you CAN do but there isnt a lot of options#so if you want to save lives so bad!! a well fitted respirator mask if the easiest way to do it right now.#its so frustrating to see people be like EVERYONE! DO THIS THING THAT HAS LITTLE TO NO EFFECT TO SAVE LIVES!!!#AND ALSO IGNORE THE THINGS THAT HAVE A VERY HIGH CHANCE TO SAVE LIVES!!!!!! fuccckkkk you for real.#oh also one more thing. ive seen some people use palestine as an excuse to be antisemitic. dont do that shit either.
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bijoumikhawal · 3 months
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I think diversity in Jewish practice is good because it indicates a healthy culture, and part of that for Judaism is obviously debate
But I DESPISE the way so many people talk about non-Rabbinic movements- especially Karaites (who are very old) and Kohenets (who are new) because the arguments are almost never like. Respectful.
People don't care to analyze what these people think, where they come from, how they root themselves in Jewish history and how their philosophies developed from their parent traditions. They aren't fair or accurate. They don't care to listen to what they have to say and how they view themselves.
I did a live tweeting while I was reading the introductory Kohenet book, and while I don't agree entirely with the movement I was presented with (I think it's very white, cis, hetero-centric "metaphysics" that idealizes ideas like motherhood too much), I still found value in it, and Kohenet/Rabbi Hammer was able to explain the cultural and textual roots of her movement. It's well rooted enough that some of the people against her straight up feel that Kabbalah is also unacceptable in Judaism, because it's clear a lot of her inspiration IS Kabbalist. The difference is she isn't centering the lives of married men, but instead the lives of (some) women. I don't think I'd ever consider myself an adherent of her movement, but I think it has value and there are aspects of what she said that I've internalized.
The other thing is that the prohibition on "outside" influence, legally and socially, has always been vague, up for debate, and partly influenced by xenophobia. It is both a way of maintaining traditions in a good sense, and a weapon against those advocating changes that just "feel icky". This is true of any attempt at maintaining tradition, honestly. But I find it distasteful because people will scoff at Kohenets but then happily accept a Rabbi who wears a reverend's robe and uses Christian language like "pulpit". Most Jews have accepted outside practices- WHITE, CHRISTIAN outside practices. While I thought the book was too white, there are non-white Kohenets, and it is notable to me in these conversations that Hammer's co-author leads a Sufi interfaith group and has experience with Candomblé- i.e. she at least somewhat is in community with Arab and Black spiritual movements.
And again, this doesn't apply to new groups only. Beta Israelite's traditional Judaism is probably a thousand years old at least, and it and other traditional practices are not "legitimate" because they don't look Rabbinic. Same for Karaites and all other non-Rabbinic groups. It's fucking terrible that Rabbinic Judaism isn't only privileged this way, but actively tries to make non-Rabbinic Jews convert to Rabbinic Judaism. It's not healthy, it's some might makes right bullshit.
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inkmage13 · 9 months
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Do vegans let their babies drink breast milk
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dexter-apologist-5000 · 10 months
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If I started posting my cringe fail cat au again would y’all be mad
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laughinglynx · 11 months
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.
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serpercival · 1 year
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For the blorbo bingo, Peri Brown!
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bookishjules · 9 months
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percy asking if he can ask a stupid question before asking a completely legitimate question because he's been made to believe all his questions are stupid, so he feels the need to preface them with a blanket understanding that he's aware he's dumb and he doesn't need to be told such, so if the question could just get answered..
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justdemonqueen · 1 year
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once again rotating Audrey Rose in my mind
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hyhkai · 1 month
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camboy! | c.yj.
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[ 🎥 ] — after yeonjun's rise in the porn industry, an interview was something he agreed to for fun. however, after he saw you, the interviewer, he wished it was a fake interview where he gets to fuck you.
cw : pornstar!yeonjun. unedited word vomit fictional magazine company that apparently also exists in real life.
a/n ; i apologize for my sins i swear I'll change 🙏🏼 and this is a drabble, not a fic! i might turn it into one over time ♡
after you reached out to him a few weeks ago with greetings and compliments, and asking can I interview you some time? I'd like to know what it's like to be a person who earns through the adult industry, and with your fame, I know that you're just the right person., his first, honest reaction was to laugh. i mean, seriously?
he was laughing at the irony of the fact that he was being interviewed. i mean, who was willing enough to take out time of their busy, hectic schedule to interview a man who earns bread by having a dildo inside of him? he had to know. he wanted to know what this person was like.
he did think that this could be completely false and you could be a potential threat, trying to lure him into your little cage with cheese like he's a fucking rat, capture him and do bad things to him like he'd heard with various nefarious acts of people against people with 'easy' fame.
"can I get proof that you're actually an interviewer?"
to which he immediately got a response with a photo of a xerox copy of your identification document, namely at a popular company called mode de vie. he could see the black and white ink that framed the photo stuck on the top right corner, and he knew that he had to see that fucking face in real life. if that's how you look in a awfully captured picture, so captivating, bold, and confidence outlining your eyes in the form of sharp eyeliner, he had to see that face in front of him, asking him questions about his body count or something else he doesn't give two shits about.
he'd said sure to your offer almost immediately now that he saw that it was a real interviewer after him. and now that it was time, he drove to the place where you both agreed to be at — a café which was relatively close to his house and your office.
"I'm glad you came!" you said as you shook his hand that would eventually get sweaty from just sitting opposite to you. what the fuck? he seriously considered telling you to quit this stupid, serious job and just join him in his public sex life. you were stunning.
now that he saw your hair open, framing your face, and that fucking sharp-ass eyeliner, he was mad that he didn't dress up nicely and instead came in a hoodie. who wants to miss a chance of getting a baddie?
he thanked the lords he'd long forgotten when you told him this is just an audio based interview which will later be turned into a text format.
while you continued asking him questions about everything, from "fuck-a-fan" to "how did your mother find out?", he'd needed to ask you to repeat your questions several times. his eyes kept drifting down, down to your chest.
'why the fuck are you wearing a top so low-cut? is it to provoke me or something?' he'd think. he legitimately wants to put his hand on the table, pushing himself towards you and grabbing one of your tits. it's pissing him off he can't.
okay, so maybe he was a pervert like one of his friends liked to say. but it wasn't his fault when you were asking him questions about his sex life while looking at him with those eyes that were possibly tearing his clothes off.
in his world, that is.
'do you want to fuck me too, or am I trippin'?'
he knew he had to keep his filthy hands, his filthy thoughts, to himself. c'mon, it's a fucking interview, yeonjun. grow up. you've had plenty of girls and guys to fuck in your life. from small and petite, to taller than you. from fucking someone to getting fucked. you've done it all. why are you so captivated by this woman?
maybe it was the way you had your makeup done that had him wishing he could see it smeared all over with a new makeup product; his cum, or maybe it was your tits that were practically begging to be the thing he shoves his face in tonight. but no, it was the way you carried yourself.
there was this... this aura, this radiation of confidence that was magnetic enough for him to be pulled to you.
under the table, he was practically going to rub one out. he kept adjusting his pants, kept palming his dick that was straining against his pants and standing up against his thoughts of not fucking you ever.
ugh, just how fucking good you'd look on his bed, and he swears he could go above his rounds per fucking streak of 4 with you; from classic missionary to the amazon position, from sixty-nine to his foot on your face while he fucked your ass from the back. fuck, he'd even let you peg him, something he's always refused to do.
just how good you'd look while sliding your strap-on inside of him, his eyes going wide, as well as your smile at the sight of his pretty face. he thinks you'd like some crazy songs playing in the background, similar to the vibe of playboi carti.
fuck, he'd hold onto your tits for support, comfort, for just the fucks of it no matter who is topping.
"um, excuse me?" you asked when he spaced out in the middle.
"yeah?" he said, looking up from the table where both of your milkshakes resided.
"thank you for the interview. i appreciate it a lot!" you said, smiling at him, completely unaware of the junk he had in his brain about you. you put out your hand for a friendly yet professional handshake.
"oh, yeah, of course." he muttered out, responding to your hand with his that was definitely sweaty.
as you closed your notepad and stopped the recording, he looked up at your face finally.
"can I ask you a question too?"
"oh, yes, of course." you said, looking up at him with a face of genuine curiosity. maybe it would be something like —
"when will this be posted?"
"where can I read it?"
"will there be a hardcopy?"
"would you ever fuck me if you could?"
and suddenly, this was the first time you regretted not recording the aftermath of an interview.
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Company that makes millions spying on students will get to sue a whistleblower
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Yesterday, the Court of Appeal for British Columbia handed down a jaw-droppingly stupid and terrible decision, rejecting the whistleblower Ian Linkletter’s claim that he was engaged in legitimate criticism when he linked to freely available materials from the ed-tech surveillance company Proctorio:
https://www.bccourts.ca/jdb-txt/ca/23/01/2023BCCA0160.htm
If you’d like an essay-formatted version of this post to read or share, here’s a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/04/20/links-arent-performances/#free-ian-linkletter
It’s been a minute since Linkletter’s case arose, so I’ll give you a little recap here. Proctorio is a massive, wildly profitable ed-tech company that sells a surveillance tool to monitor students while they take high-stakes tests from home. The tool monitors the student’s computer and the student’s face, especially their eye-movements. It also allows instructors and other personnel to watch the students and even take control of their computer. This is called “remote invigilation.”
This is ghastly in just about every way. For starters, Proctorio’s facial monitoring software embeds the usual racist problems with machine-learning stuff, and struggles to recognize Black and brown faces. Black children sitting exams under Proctorio’s gimlet eye have reported that the only way to satisfy Proctorio’s digital phrenology system is to work with multiple high-powered lights shining directly in their faces.
A Proctorio session typically begins with a student being forced to pan a webcam around their test-taking room. During lockdown, this meant that students who shared a room — for example, with a parent who worked night-shifts — would have to invade their family’s privacy, and might be disqualified because they couldn’t afford a place large enough to have private room in which to take their tests.
Proctorio’s tools also punish students for engaging in normal test-taking activity. Do you stare off into space when you’re trying through a problem? Bzzzt. Do you read questions aloud to yourself under your breath when you’re trying to understand their meanings? Bzzzt. Do you have IBS and need to go to the toilet? Bzzzt. The canon of remote invigilation horror stories is filled with accounts of students being forced to defecate themselves, or vomit down their shirts without turning their heads (because looking away is an automatically flagged offense).
The tragedy is that all of this is in service to the pedagogically bankrupt practice of high-stakes testing. Few pedagogists believe that the kind of exam that Proctorio seeks to recreate in students’ homes has real assessment merit. As the old saying goes, “Tests measure your ability to take tests.” But Proctorio doesn’t even measure your ability to take a test — it measures your ability to take a test with three bright lights shining directly on your face. Or while you are covered in your own feces and vomit. While you stare rigidly at a screen. While your tired mother who just worked 16 hours in a covid ward stands outside the door to your apartment.
The lockdown could have been an opportunity to improve educational assessment. There is a rich panoply of techniques that educators can adopt that deliver a far better picture of students’ learning, and work well for remote as well as in-person education. Instead, companies like Proctorio made vast fortunes, most of it from publicly funded institutions, by encouraging a worse-than-useless, discriminatory practice:
https://pluralistic.net/2021/06/24/proctor-ology/#miseducation
Proctorio clearly knows that its racket is brittle. Like any disaster profiteer, Proctorio will struggle to survive after the crisis passes and we awaken from our collective nightmare and ask ourselves why we were stampeded into using its terrible products. The company went to war against its critics.
In 2020, Proctorio CEO Mike Olsen doxed a child who complained about his company’s software in a Reddit forum:
https://pluralistic.net/2020/07/01/bossware/#moral-exemplar
In 2021, the reviews for Proctorio’s Chrome plugin all mysteriously vanished. Needless to say, these reviews — from students forced to use Proctorio’s spyware — were brutal:
https://pluralistic.net/2021/09/04/hypervigilance/#radical-transparency
Proctorio claims that it protects “educational integrity,” but its actions suggest a company far more concerned about the integrity of its own profits:
https://pluralistic.net/2022/02/16/unauthorized-paper/#cheating-anticheat
One of the critics that Proctorio attacked is Ian Linkletter. In 2020, Linkletter was a Learning Technology Specialist at UBC’s Faculty of Education. His job was to assess and support ed-tech tools, including Proctorio. In the course of that work, Linkletter reviewed Proctorio’s training material for educators, which are a bonanza of mask-off materials that are palpably contemptuous of students, who are presumed to be cheaters.
At the time, a debate over remote invigilation tools was raging through Canadian education circles, with students, teachers and parents fiercely arguing the merits and downsides of making surveillance the linchpin of assessment. Linkletter waded into this debate, tweeting a series of sharp criticisms of Proctorio. In these tweets, Linkletter linked to Proctorio’s unlisted, but publicly available, Youtube videos.
A note of explanation: Youtube videos can be flagged as “unlisted,” which means they don’t show up in searches. They can also be flagged as “private,” which means you have to be on a list of authorized users to see them. Proctorio made its training videos unlisted, but they weren’t private — they were visible to anyone who had a link to them.
Proctorio sued Linkletter for this. They argued that he had breached a duty of confidentiality, and that linking to these videos was a copyright violation:
https://pluralistic.net/2020/10/17/proctorio-v-linkletter/#proctorio
This is a classic SLAPP — a “strategic litigation against public participation.” That’s when a deep-pocketed, thin-skinned bully, like Proctorio, uses the threat of a long court battle to force their critics into silence. They know they can’t win their case, but that’s not the victory they’re seeking. They don’t want to win the case, they want to win the argument, by silencing a critic who would otherwise be bankrupted by legal fees.
Getting SLAPPed is no fun. I’ve been there. Just this year, a billionaire financier tried to force me into silence by threatening me with a lawsuit. Thankfully, Ken “Popehat” White was on the case, and he reminded this billionaire’s counsel that California has a strong anti-SLAPP law, and if Ken had to defend me in court, he could get a fortune in fees from the bully after he prevailed:
https://twitter.com/doctorow/status/1531684572479377409
British Columbia also has an anti-SLAPP law, but unlike California’s anti-SLAPP, the law is relatively new and untested. Still, Proctorio’s suit against Linkletter was such an obvious SLAPP that for many of us, it seemed likely that Linkletter would be able to defend himself from this American bully and its attempt to use Canada’s courts to silence a Canadian educator.
For Linkletter to use BC’s anti-SLAPP law, he would have to prove that he was weighing in on a matter of public interest, and that Proctorio’s copyright and confidentiality claims were nonsense, unlikely to prevail on their merits. If he could do that, he’d be able to get the case thrown out, without having to go through a lengthy, brutally expensive trial.
Incredibly, though, the lower court found against Linkletter. Naturally, Linkletter appealed. His “factotum” is a crystal clear document that sets out the serious errors of law and fact the lower court made:
https://drive.google.com/file/d/1aB1ztWDFr3MU6BsAMt6rWXOiXJ8sT3MY/view
But yesterday, the Court of Appeal upheld the lower court, repeating all of these gross errors and finding for Proctorio:
https://www.bccourts.ca/jdb-txt/ca/23/01/2023BCCA0160.htm
This judgment is grotesque. It makes a mockery of BC’s anti-SLAPP statute, to say nothing of Canadian copyright and confidentiality law. For starters, it finds that publishing a link can be a “performance” of a copyrighted work, which meant that when Linkletter linked to the world-viewable Youtube files that Proctorio had posted, he infringed on copyright.
This is a perverse, even surreal take on copyright. The court rejects Linkletter’s argument that even Youtube’s terms of service warned Proctorio that publishing world-viewable material on its site constituted permission for people to link to and watch that material.
But what about “fair dealing” (similar to fair use)? Linkletter argued that linking to a video that shows that Proctorio’s assurances to parents and students about its products’ benign nature were contradicted by the way it talked to educators was fair dealing. Fair dealing is a broad suite of limitations and exceptions to copyright for the purposes of commentary, criticism, study, satire, etc.
So even if linking is a copyright infringement (ugh, seriously?!), surely it’s fair dealing in this case. Proctorio was selling millions of dollars in software to public institutions, inflicting it on kids whose parents weren’t getting the whole story. Linkletter used Proctorio’s own words to rebut its assurances. What could be more fair dealing than that?
Not so fast, the appeals panel says: they say that Linkletter could have made his case just as well without linking to Proctorio’s materials. This is…bad. I mean, it’s also wrong, but it’s very bad, too. It’s wrong because an argument about what a company intends necessarily has to draw upon the company’s own statements. It’s absurd to say that Linkletter’s point would have been made equally well if he said “I disbelieve Proctorio’s public assurances because I’ve seen seekrit documents” as it was when he was able to link to those documents so that people could see them for themselves.
But it’s bad because it rips the heart out of the fair dealing exception for criticism. Publishing a link to a copyrighted work is the most minimal way to quote from it in a debate — Linkletter literally didn’t reproduce a single word, not a single letter, from Proctorio’s copyrighted works. If the court says, “Sure, you can quote from a work to criticize it, but only so much as you need to make your argument,” and then says, “But also, simply referencing a work without quoting it at all is taking too much,” then what reasonable person would ever try to rely on a fair dealing exemption for criticism?
Then there’s the confidentiality claim: in his submissions to the lower court and the appeals court, Linkletter pointed out that the “confidential” materials he’d linked to were available in many places online, and could be easily located with a Google search. Proctorio had uploaded these “confidential” materials to many sites — without flagging them as “unlisted” or “private.”
What’s more, the videos that Linkletter linked to were in found a “Help Center” that didn’t even have a terms-of-service condition that required confidentiality. How on Earth can materials that are publicly available all over the web be “confidential?”
Here, the court takes yet another bizarre turn in logic. They find that because a member of the public would have to “gather” the videos from “many sources,” that the collection of links was confidential, even if none of the links in the collection were confidential. Again, this is both wrong and bad.
Every investigator, every journalist, every critic, starts by looking in different places for information that can be combined to paint a coherent picture of what’s going on. This is the heart of “open source intelligence,” combing different sources for data points that shed light on one another.
The idea that “gathering” public information can breach confidentiality strikes directly at all investigative activity. Every day, every newspaper and news broadcast in Canada engages in this conduct. The appeals court has put them all in jeopardy with this terrible finding.
Finally, there’s the question of Proctorio’s security. Proctorio argued that by publishing links to its educator materials, Linkletter weakened the security of its products. That is, they claim that if students know how the invigilation tool works, it stops working. This is the very definition of “security through obscurity,” and it’s a practice that every serious infosec professional rejects. If Proctorio is telling the truth when it says that describing how its products work makes them stop working, then they make bad products that no one should pay money for.
The court absolutely flubs this one, too, accepting the claim of security through obscurity at face value. That’s a finding that flies in the face of all security research.
So what happens now? Well, Linkletter has lost his SLAPP claim, so nominally the case can proceed. Linkletter could appeal his case to Canada’s Supreme Court (about 7% of Supreme Court appeals of BC appeals court judgments get heard). Or Proctorio could drop the case. Or it could go to a full trial, where these outlandish ideas about copyright, confidentiality and information security would get a thorough — and blisteringly expensive — examination.
In Linkletter’s statement, he remains defiant and unwilling to give in to bullying, but says he’ll have to “carefully consider” his next step. That’s fair enough: there’s a lot on the line here:
https://linkletter.opened.ca/stand-against-proctorios-slapp-update-30/
Linkletter answers his supporters’ questions about how they can help with some excellent advice: “What I ask is for you to do what you can to protect students. Academic surveillance technology companies would like nothing more but for us all to shut up. Don’t let them silence you. Don’t let anyone or anything take away your human right to freedom of expression.”
Today (Apr 21), I’m speaking in Chicago at the Stigler Center’s Antitrust and Competition Conference. This weekend (Apr 22/23), I’m at the LA Times Festival of Books.
[Image ID: A girl working on a laptop. Her mouth has been taped shut. Glaring out of the laptop screen is the hostile red eye of HAL9000 from '2001: A Space Odyssey.' Behind them is a tattered, filthy, burned Canadian flag.]
Image: Ingo Bernhardt https://www.flickr.com/photos/spree2010/4930763550/
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Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg
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