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86 47 is Silly and Serious

The timeline goes a little….like this:

PART I 

Silly: Former FBI director James Comey shared a photo via Instagram on May 15, 2025 with a seashell arrangement of the numbers “86 47” that he said he found on a North Carolina beach. Via The Guardian, the original post that started it all:

To 86 something is common slang to “throw out” and 47 refers to Donald Trump, the 47th president of the United States. “86 47” then was, in many people’s opinions, a silly way of saying, get rid of the President: Impeach.

Serious: But because…apparently….Trump, Comey was charged with making a threat against the president’s life, and transmitting that threat through “interstate commerce.” I.e. THE INTERNET. The DOJ indictment quotes the current Attorney General, Todd Blanche: “Threatening the life of the President of the United States is a grave violation of our nation’s laws”.

The reason The Guardian, other news outlets, and I have reproduced the image is to document and analyze it as a matter of public interest. It’s inclusion here is solely for the purpose of reporting, commentary, and memetic analysis.

At the moment, Comey actually faces ten years in jail. To so many people, it seems so silly, and dismissible, and yet, I can certainly imagine he must be under significant duress, for the outcome of ten years in prison would be severe. Comey is arguing that the prosecution is politically motivated, and that the seashell post is protected speech under the First Amendment.

PART II

Silly: Just a few weeks ago, on June 11, 2026, police opened an investigation into a massive “86 47” burned into the National Mall lawn in Washington, D.C.

Photographer Nathan Howard appears to have been the first person to capture it, having received a tip that police were on their way, or discovered it “emerging” himself, per Reuters.

"A Reuters photographer atop the Washington Monument saw the apparent marking in the grass near the World War Two Memorial shortly before authorities arrived at the scene."

My first thought? Banksy. It fits the style, ambition, and cultural impact of his work. Who else besides Banksy has the technical expertise to execute something like this? Considering the level of surveillance around Washington, D.C. from so many agencies, it would seem virtually impossible for one to reasonably expect they would not be found.

A close-up of the 8 shows how the numbers were created with uniform circles, through a method that caused the grass to die and turn brown. Perhaps some kind of chemical was concealed in a backpack or on the person and then pumped through an inconspicuous spray or tubing onto the grass.

The EarthCam from the Washington Monument shows how and when it may have been created on June 8th. In a timelapse published by PBS News Hour, you can see relevant patterns of movement by people tracing out the area.

In one amazing round of public commentary, Trump’s Truth Social post, which helped spread the “86 47” meme even further, was reposted by ALT National Park Service on Facebook, complete with a “Community Comment”, along with thousands of interactions from Facebook users, many who were quick to point out that Trump calls numbers, “letters”.

A search for “8647” on Amazon yields over 900 products to date. Here’s a look, sorted by “Featured”:

It’s interesting to see how silly and serious this all seems to be all at the same time.

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The Doge Meme is Dead

Not much to say to prove this point. Doge has been through a lot. It was originally just a wonderful photograph, then a creative, pure-hearted template for communicating in the forums, evolved into a variant that assumed the identity of a cryptocurrency, and now, it’s mainstream for death caused to people around the world under the direction of Elon Musk.

Consider one recent headline:

How an Estimated Seven Hundred Thousand People Have Died from DOGE’s U.S.A.I.D. Cuts

That makes DOGE completely dead. By dead, I don’t mean it no longer exists. It will remain part of internet history, cryptocurrency history, and political history. I mean that its symbolic evolution appears complete. There is no obvious next identity for DOGE that can escape the weight of what the name now represents. Or is there? I mean, just look at that face.

The original photo of Kabosu, a Shiba Inu owned and photographed by kindergarten teacher Atsuko Sato (佐藤 敦子, Satō Atsuko), 2010.

Wikipedia entry: https://en.wikipedia.org/wiki/Doge_%28meme%29

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What Virality Made: The Memetic Emptiness of MrBeast

Jimmy Donaldson, known worldwide as MrBeast, has organized his creative life around the measurable demands of internet platforms. As he has repeatedly explained, his objective is to give the algorithm exactly what it wants. He develops his videos around platform metrics, revises them in response to performance data, and removes whatever reduces their ability to spread. His success is not the product of artistic expression, it’s the systematic optimization for algorithmic selection.

This helps explain why MrBeast’s videos feel so culturally disposable. They’re designed to maximize distribution rather than to communicate ideas.

In 2012, Donaldson began posting on YouTube as MrBeast6000 at the age of thirteen. For the next five years, he searched for anything that could go viral. He says it was his only goal. He later described himself as “relentlessly, unhealthily obsessed with studying virality, studying the YouTube algorithm.” At seventeen, he recorded a message to his future self in which success or failure in his life came down to a number: “If I don’t have a million subscribers when you see this video, my entire life has been a failure.”

After high school, he said, he “did nothing but just hyperstudy what makes a good video, what makes a good thumbnail, what’s good pacing, how to go viral.”

The standard was already contained in the question: a good video, to Donaldson, is defined as one that spreads.

After five years of trying to go viral for the sake of going viral, it’s interesting to look back at his big breakthrough. He asked, “What’s something dumb I could do that would get a lot of attention?” His answer? Count to 100,000. Endurance videos, long one-takes, and supercuts already existed online. The point is not that he didn’t invent a format. The point is why he chose the act. His own explanation begins with the need for attention.

Reflecting on that first video, he said, “I just really wanted it. I had dropped out of college, I wasn’t really making much. I knew it would go viral.”

By nineteen, Donaldson was telling his team, “We’re going to be the biggest YouTube channel ever. I don’t care. I’ll die trying.”

After that, the chronology is beside the point. The goal never changed; it merely acquired money, staff, and a self-aggrandizing production system.

Now he describes views as evidence that he is giving people what they want, and he uses virality as a repeatable technique for producing “practically unlimited money.”

That objective reaches into every part of the product. He says more extreme claims are used to improve click-through. Prize amounts are evaluated according to how much additional click value they produce. Click-through rate, average view duration, and satisfaction surveys became his production inputs.

One director who worked at MrBeast Productions told TIME that platform incentives had led them to study retention graphs to make each new video more addictive. Working at MrBeast, he said, that work was done “on steroids.”

He even has people developing and testing a factory’s worth of title-and-thumbnail concepts before deciding which one to upload. The business tested open- and closed-mouth poster-image expressions, found that closed mouths produced slightly more watch time, and then changed its rulebook and best practices accordingly.

It’s not as if these are separate anecdotes from different stages of a career. They describe one continuous method, governed by the same question every time: Will this improve distribution? The machinery does not arrive afterward to promote the work, it determines what the work becomes.

The leaked MrBeast Production Manual spells it out. Two former producers confirmed that the document was used in the office and given to new employees, but to date, apparently no one from the current MrBeast production team, including his spokesperson, has confirmed or denied its existence. The manual tells employees that their goal is “not the highest quality videos.” It is to make “the best YOUTUBE videos possible.”

That distinction is central to this argument. It is exactly what Donaldson has been preaching all along. His objectives are not secret. He professes the method openly.

The manual names three trackable measures of virality: click-through rate, average view duration, and average view percentage. Those numbers show whether the packaging earned the click and whether the video kept the viewer. It calls click-through rate “what dictates what we do for videos.” The numbers then enter the work itself. The first minute receives special attention because that’s where the most viewers leave. Producers place new material at planned intervals. Endings stop abruptly so viewers do not depart before the video is over. Spending outside the frame is questioned because the audience cannot see it.

The manual also says that a video should excite Donaldson, feel authentic, and make the audience happy. It allows for a subjective “wow factor”, yet when it asks how to determine whether the content is good, the answer is, as you could have probably guessed by now, average view duration and percentage watched. Creativity is defined by tricks for saving money. New ideas are encouraged so long as measurements can certify them. It is a manual for deciding what the work will be in the first place based on the YouTube formula.

This helps explain what I knew in my heart before I learned about his intent: quality has no meaning to Donaldson. He equates quality with whatever the algorithm wants. He repeatedly advises that the word “algorithm” can simply be replaced with “audience.” He treats the two as the same.

You can see how absurd that is:

The audience placed the video on millions of personalized YouTube pages, measured how long each viewer stayed, and expanded its distribution when the numbers improved.

In reality, the audience supplies the behavior and the algorithm separately interprets that behavior to control distribution. Treating them as the same is soulless, as if the machinery between the viewer and the work is all that exists. Such a treatment of people is so dark.

Hello. I am not an algorithm.

People feel, experience, perceive, interpret, imagine, desire, hope, fear, love, grieve, trust, doubt, forgive, resent, empathize, laugh, suffer, wonder, form identities, build relationships, negotiate meaning, exercise judgment, accept uncertainty, revise beliefs, and choose what they value. People can hate-watch a video to the end or stop watching something they love. The algorithm sees none of this directly. It sees only the most minimal traces left by click through behavior and bots, and then converts that raw signal into further distribution.

This explains how MrBeast’s videos can perform so well while being devoid of quality. The system can measure whether people watched. It cannot determine whether what they watched was worthwhile.

Quality is an artistic, evaluative judgment, whereas click-through, retention, and completion are behavioral measurements. The first asks what a work is worth. Donaldson asks what an audience did. Within the MrBeast system, a premise for a video acquires value when it wins the click. A scene acquires value when it prevents departure. A comment, idea, prize, or edit survives only when the graph rewards it. Originality, beauty, coherence, insight, durability, and cultural consequence have no independent standing inside this procedure. They matter only when they can be translated into traces of audience behavior.

In MrBeast’s content, the algorithm and the audience become a single object: measurable behavior. The system can optimize every visible element of a video while remaining indifferent to whether the resulting work was worth making.

What does MrBeast stand for?

Ultimately, MrBeast’s pursuit and the purpose of his content are completely self-serving in the most literal sense: the object is to make MrBeast the biggest YouTuber. The audience enters that pursuit as a field of measurable behavior. People must be induced to click, remain, finish, and return. Their enjoyment matters only if it advances his position.

By contrast, Pixar, at its best, makes films intended to provide cultural value for people. Steve Jobs described his interest in supporting Pixar filmmaking as an opportunity to create stories that would speak to our “grandkids’ grandkids’ grandkids.” While Pixar repeatedly “wins” the commercial competition, its commercial success follows from the artistic quality of work meant for culture itself—a standard established before the audience response.

Jobs: “There’s lots of ways to be, as a person. And some people express their deep appreciation in different ways. But one of the ways that I believe people express their appreciation to the rest of humanity is to make something wonderful and put it out there.

And you never meet the people. You never shake their hands. You never hear their story or tell yours. But somehow, in the act of making something with a great deal of care and love, something’s transmitted there. And it’s a way of expressing to the rest of our species our deep appreciation.”

WALL-E offers a great example. Contrary to the known formula, Andrew Stanton created a long, nearly thirty-minute wordless opening, with a portrait of a solitary machine wandering through an abandoned world. The absence of dialogue, the slow accumulation of detail, and the refusal to explain everything would be obvious no-nos for a MrBeast production. Stanton preserved these qualities because they created the solitude, tenderness, and wonder the story required. “There’s something underestimated about wonder,” he later said. “It’s a hard thing to quantify, but to me that’s the ingredient.”

Like many films, WALL-E was tested too. It is not unhealthy to understand statistics and keep them in mind. But the film was made for audiences, not the algorithm, and its quality standard preceded the audience response. The audience was asked to meet the work where the artist had placed it. In MrBeast’s system, the anticipated audience response determines where the work will be placed.

Compare the cultural value of Toy Story, which cost twenty million dollars to make, with MrBeast’s SquidGames, which cost a hundred million dollars to make. Judged independently of their platform-performance metrics, MrBeast’s videos offer little beyond the machinery of attention. Their premises are thin, their stakes are inflated, their participants become functions of a game, and their editing allows no space for ambiguity, reflection, or discovery. Every moment must justify itself by preventing departure. The result is spectacle engineered for immediate consumption and rapid replacement. Its accomplishment lies in temporary fitness: Quality would require reasons to value the work after those advantages were taken away.

In my previous post about Incentivemaxxing, I described how platforms provide rewards for content creators who approach boundary lines. Creators who are looking to game the system adapt their content toward the point of maximum reward. YouTube has the same kind of curve but with a different boundary. On YouTube, the pressure is toward premises, packaging, and pacing that improve click-through and retention for advertisers.

MrBeast did not invent this orientation. YouTube had already institutionalized it.

In March 2011, YouTube acquired Next New Networks, a web-video company that had developed, packaged, and built audiences by standardizing preexisting creator content into a one-size-fits-all product. YouTube called the resulting program YouTube Next, a creator-development unit that trained producers on how to accommodate the algorithm, an effort YouTube described as a strategy to compete against other platforms in the marketplace.

Shortly after acquisition, the Next New Network group published the first *Creator Playbook*, described as a collection of “best practices and strategies” for building audiences on the platform.

Simply put, the Playbook converted distribution into production doctrine. Programming, openings, release schedules, and audience interaction became variables YouTubers were told to incorporate to compete. The platform was no longer just distributing videos; it began prescribing how videos should be made for its own system.

The first substantive lesson concerned the opening fifteen seconds. Creators were told to consult attention graphs, locate early drop-offs, experiment with different “hooks,” and keep changing the opening until abandonment fell. Another section advised calls to action because likes, favorites, and shares improve a video’s ranking in the algorithm.

In February 2012, the same month Donaldson started his channel, YouTube released the Playbook’s second edition. It expanded the framework with instructions for organizing videos around different audiences, programming channels for the homepage feed, and optimizing creative work for global viewers. It also treated Analytics as actionable intelligence: creators should assess performance, investigate trends, measure optimizations, and alter their content or strategy in response. 

YouTube pushed this hard for years, so a MrBeast was bound to happen. MrBeast is merely the embodiment of the Playbook’s system in which popularity has replaced quality as the standard of judgment.

Now MrBeast says he can make almost anything go viral. The more interesting fact is what virality has made out of him. It has trained his eye, organized his time, shaped his company, selected his ideas, and given production decisions a number for the sake of making himself more popular. He uses YouTube to spread his videos, and YouTube uses him to reproduce the kinds of videos it rewards.

The formula is not applied to the content. The formula produces the content.

That is Incentivemaxxing to the max. It is also what it means to say that we do not simply use memes. Memes use us.

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The Algorithmic Incentive Curve

When all hell broke loose on Facebook during the Cambridge Analytica era, people were focused largely on privacy, but equally important was the realization of its recommendation algorithms.

Facebook set policy on what was considered to be too violent, too sexual, and too everything else, and then moderated and removed based on whether or not content crossed the policy line. But as people got closer to the line, their content was shared more, and thus, they were more rewarded, leading to a platform full of the most extreme content allowed, where the most rewarded content sat right next to the boundary line.

One of the main reasons twitter, around that same era in the twenty-teens, was safer and more trusted, was because of how they managed, algorithmically, this approach to the policy line. Twitter explicitly acknowledged that some behavior did not violate the rules but still harmed conversations, and that instead of removing it, Twitter reduced its visibility. Essentially, they flipped the curve.

As content approached the prohibited boundary line, twitter demamplified it, removed it from recommendations, restricted its appearance in search, and used other methods of reducing incentive to spread. 

This all being then, it’s quite interesting because of where we are now. Have you seen what’s on twitter these days? The policy line has been shifted way to the right and the most extreme content gets the most rewarded.

In addition to the extensive pornography and graphic war violence, twenty-eight-year-old Dalton Eatherly, known as Chud the Builder, is a quintessential 2026 example of how the platform changed under Elon Musk.

Eatherly used the platform to become nationally known by livestreaming himself walking through towns in the Deep South, directing extreme racial slurs at random strangers before challenging them to “do something” that would justify him defending himself, including with the gun he carried. The slurs were so outrageous and disgusting they were literally jaw-dropping.

People shared the videos largely in disbelief that someone could openly do this. Eatherly claimed he was exercising free speech, and Musk’s platform did not moderate the content, showing that it fell within acceptable policy boundaries. The more controversial and extreme Easterly became, the more he was rewarded. I watched in disbelief, convinced he was eventually going to kill someone or be killed. It was clear he sought confrontations and deliberately provoked people because the platform rewarded that behavior.

Eatherly eventually did shoot someone during one of these filmed confrontations and is now in jail facing attempted murder. Even afterward, the content remained on the platform, and Eatherly raised more than $100,000 from supporters for his legal defense.

Unfiltered discussions and videos of street confrontations, assaults, war and even killings are surprisingly abundant on Musk’s platform. As for the cultural impact, of course it provokes outrage, anger, and engagement, ultimately feeding money back into the platform.

Every boundary creates an incentive gradient. The platform determines one boundary, the law establishes another, and creators adapt their behavior toward whichever boundary yields maximum reward. Incentivemaxing. This is the era we are in now.

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A is for Artist: The First A Corp

Today in Boulder at the municipal building on Broadway and Arapahoe, I met Yancey Strickler (co-founder of Kickstarter) after hearing his talk on a new business designation that went into law in Colorado called an A Corp. This is similar to an LLC designation, but it’s geared toward supporting artists. The plan of action was conceived by Yancey just two years ago and is already law in Colorado, the first state in the U.S. to adopt it. As an interesting aside, it could have been possible to register a business in Colorado as an A Corp today, but it may take the state up to eight months before it can push out the one new column required in the official database…hopefully it will be ready in the spring of 2027. Generally, LLCs and other business entities that are founded now, or were already established, may switch to an A Corp when it becomes available.

Yancy Strickler in Boulder, July 1, 2026

What’s so cool is that it offers artists a simple template for starting up, especially when there is more than a single artist involved. If a group, like a music group, gallery owners, or people who share ownership in an artistic business, come together to share in the intellectual property, assets, investment, etc., the format offers an easy way to set it all up, designed to maximize value in the market while protecting the individual people and their artistic contributions. In a similar way that a B Corp offers a legal method to put one’s fiduciary responsibility to a social-good mission over a duty to enrich shareholders, an A Corp provides a way to define a business in terms of an artistic mission.

As Yancey and the others at the introduction were saying, the new A Corp doesn’t offer anything new that couldn’t be created with an LLC. You can have an artistic mission in an LLC and structure it all exactly the same as an A Corp without being an A Corp. This is basically a template for doing it, but there is somewhere to go next: Being recognized clearly in the market as a legitimate business. Specialized support services are destined to spring up now in Colorado. Lawyers will learn about the A Corp and begin providing expert services for artists to get setup for less of an expense. Insurance companies are likely to offer health plan rates for working artists with A Corps. Tax accountants will learn how to provide more value for artists based on the assets they are contributing to and building for the company. Shared resources will make marketplaces more efficient and cost effective. It’s a brilliant plan because it legitimizes artists in the workplace. The world will do more to see the value of the work artists do, and that the value is real, in terms of a legitimate economy for the state. Colorado is first.

From L to R: Yancy Strickler – Artist Corporations, Dave Ratner – Creative Law Network, Meredith Badler – Colorado Business Committee for The Arts (CBCA), Lauren Click – City of Boulder Office of Arts and Culture

You have likely heard about how cities and states can transform by supporting various industries. Austin, for example, transformed by offering tech companies and film companies tax incentives and lucrative contracts to move in. An interesting point that was made today along these lines: Colorado wants to be the place for the creative arts, and a recent investment into Sundance offers some evidence. In fact, the director of Sundance, Eugene Hernandez, played one of the many critical roles in the story that brings Yancy to Colorado first, the two having met to discuss exactly this important support that makes Colorado unique. Jared Polis, who don’t forget was a founder of Techstars which was inspired to platform startups, signed the bill into law last month. [The full story of how the A Corp came to be]

Check out, keep your eye on, and get in contact with the arts and business leaders pictured above (Meredith Badler became one of “A-Corp’s most influential champions in Colorado”) to plug in or help bring this plan to fruition wherever in the world you are. See Artist Corporations for the latest progress. To register, you can learn about the details, get your paperwork in order, and be ready by following the ten steps at https://www.artistcorporations.com/register.

Flashback to 15 years ago, here was Rocketboom’s Ella Morton on the pulse when Kickstarter was just coming out. You can see the trajectory from the thread in the works, years of dedication to platforming artists.

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Om Malik, 1966-2026

One of the times we met, we were at a restaurant with Salman Rushdie. We sat on either side. The room was small and dark, and kinda cramped. Rushdie was freaked out and paranoid, constantly looking around as if he was being stalked, possibly killed at any minute. We were both excited to meet him, but the meeting didn’t last long; once his wife arrived, Rushdie was out of there pretty quickly. I remember this moment afterwards where Om and I looked at each with a big smile and raised eyebrows in sorta of a mutual, unspoken sigh of relief that we weren’t going to end up as collateral damage.

Om Malik was one of the very first influential bloggers. Day-to-day he led packs of others on Blogdex and Technorati, and then Techmeme, due to authority he earned with his style and the truth. Om represented Web 2.0, an era of organic, authentic information spread, before the silos emerged and the algorithms became corrupt. In the same way the founders of America built a constitutional framework, Om was one of a small group of founders of blogging, setting standards for a new style of independent, personal news publishing on the internet. It was the era that text became truly democratized, circa 2001, the year the internet in America made its way into 50% of American homes, that same year Om began writing GigaOm. Enter into his work here.

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CCPA 2025CV11

For this media accountability action, after years of investigation, I filed a consumer protection complaint under the Colorado Consumer Protection Act (CCPA) against Alden Global Capital and its two controlling partners, Randall Smith and Heath Freeman individually, in Colorado District Court. I filed the case pro se, with the assistance of artificial intelligence.

It’s not as if I decided to use ChatGPT to represent myself in a murder trial, I took hold of the tools available to me to stand up as a consumer and individual citizen on behalf of all people in Colorado, with a message for all states, to say enough is enough with the Alden Global Capital mass media deception. These two men, Smith and Freeman, unwilling to show themselves in public or come to the table to be held accountable, are ruining journalism in America on a large scale and thus effecting democracy in a massive way. Having consolidated local news companies into the second largest newspaper conglomerate in the country, they are harming the world by misrepresenting their personal interferences into the world of American journalism, including forcing editorial and operational decisions that they promise the world they are not doing. 

Legally, via the CCPA, I’m asking the court to recognize that Smith and Freeman are knowingly engaged in what the courts aptly call “deceptive business trade practices”. Their product as a news service is falsely represented to consumers as being independent and governed by published journalistic standards which they know are not followed. Here in Colorado, the evidence shows that Smith and Freeman, acting as Alden board members, have taken formal board member votes to micro-manage the Denver Post’s editorial and policy decisions, even as the newspaper’s own Terms of Service claim that ownership plays no role in editorial control. The evidence in the case includes once private letters between Freeman and members of the Senate, documented interferences by Alden’s hidden editorial demands, and documentation from Denver Post representatives who admitted that they are no longer capable of following their own journalistic promises. The facts detail how Smith and Freeman’s board rejected the Denver Posts requests to update their editorial promises to the public. If the Denver Post updated their terms to reflect their true, diminished capabilities and true ownership control over operations and editorial, it would rightfully cause the general public to lose trust in their products and services and thus, harm the revenue Alden makes from subscription and advertising sales. A company can not have a terms of service and sell a product based on their promises to uphold those terms while knowing that they do not actually abide by those terms. In consumer law, this is known as “deception”, a form of business fraud.

Why should I personally have a standing to bring this claim? I had already been investigating Alden and understood that they engage in consumer fraud through the editor’s alignment with Alden’s mission, but I did not know this same deceptive practice applied to my own situation. I assumed the chief editor had at least formed an editorial opinion about the Osher series, even if it was a bad one. In mid-2024, new email correspondence revealed for the first time that she had never reviewed the series at all and therefore had never formed any editorial judgment. She initially claimed she had reviewed the articles and found nothing to change, but when pressed, she inadvertently admitted she had never edited or even evaluated them; and when I then asked her to conduct a review, she refused. This was the first moment I could have known that my harm did not result from an editorial opinion but from a deceptive practice: knowingly not following the newspaper’s promised standards while attempting to conceal that fact. That discovery is what gives me standing under the CCPA.

By applying the CCPA, I’m seeking injunctive relief, asking the court to require Smith and Freeman to either remove or revise the Denver Post’s Terms of Service which I show Alden controls, so that the terms accurately reflect the company’s actual operations. The current terms promise a high caliber of ethical journalism with promises their news companies will comply with specific, laid-out editorial and ethical standards that, in practice, are knowingly no longer followed, as I also show in detail with facts throughout my complaint. 

Having explicated and poured over other complaints filed under the CCPA, I believe it’s the correct path to hold Alden Global Capital accountable for their deceptive business practices, and in particular, though rare, holding the actual individuals in control to account, which the CCPA allows for. When executives engage in consumer fraud on behalf of their companies, they expose themselves to personal, civil liabilities under this act and can be held personally liable. Just as a business cannot put up a terms of service to pretend they follow those terms while knowing they do not, a trusted journalistic institution serving democracy by reporting on public matters cannot be structured so that it knowingly abandons its own journalistic standards while intentionally withholding this fact from the public in order to preserve consumer trust and financial value. 

HOW I’VE USED AI

The District Court in Boulder has so far been accepting of my use of A.I. At a hearing, I explained that I felt out of place in such a forum, wished I had the wherewithal to afford experienced representation for such a large case, and voluntarily offered to go into detail about my use of A.I. The judge was interested to hear about it so I elaborated. As far as I know, I am the first person to file a case in the district court in Colorado pro se using AI tools while openly disclosing my use and method.

To provide an explanation to the judge for how I’ve been using Chat GPT,  I asked it to provide an overview of my use which I included in my filings (ChatGPT Archive Link):

You have to use flattery these days as a warning to double-check your work. I was already familiar with ChatGPT and had been using it extensively to code, working within the codebases I already know well, particularly PHP which is good for building on the internet, and how I’ve built most of my works. When writing or debugging code, there’s a point where the boundaries of a codebase become clear; there are only so many valid functions, parameters, and logical paths available. That realization helped me understand why ChatGPT performs so effectively with programming: code is structured, finite, and rule-based.

When I began studying the CCPA, the rules of civil procedure for the court Im in, and began reading through other CCPA pleadings from complaint to case end, I noticed that law functions much like a codeset. It consists of defined inputs and outputs including statutory provisions, case precedents, procedural rules, and outcomes that depend on how the pieces can interact most effectively to get to the desired end. Seeing law through that lens made it natural to use ChatGPT not only for research but as an analytical tool. The system can integrate the full text of statutes, rules, and judicial history, then translate that structure into plain language, legal argumentation, or narrative form. In the same way that it can act as a capable co-developer within a software environment, ChatGPT can also function as a kind of legal interpreter, able to parse a complex procedural framework and render it accessible to different audiences, whether lay readers, or lawyers.

CONTEXT FOR MY USE OF AI

A couple of months ago, I attended a talk on AI, Law and Entrepreneurship hosted by the Rocky Mountain AI Interest Group (RMAIIG) at the University of Colorado Boulder. The event struck a deep chord with me because it helped me see my own work in this case through a broader frame, less as an uncharted endeavor I’ve taken on myself, and more as part of a larger shift in how artificial intelligence is beginning to bridge the gap between law and accessibility.

The first lecture featured Harry Surden, Professor of Law at the University of Colorado, Faculty Director of the Silicon Flatirons Center AI Initiative, and Associate Director of Stanford University’s CodeX Center for Legal Informatics.

Surden, who has been studying AI in law for nearly two decades, went through justifying AI’s recent breakthroughs by benchmarks for the various LLM models and broke the question down neatly into what he called simple versus hard cases. In simple cases where the law is clear, precedent consistent, and outcomes predictable (e.g. a general tennant/landlord lease might regularly fall into this category), AI is “really good” now according to Surden. But in hard cases, those with conflicting precedents, factual ambiguity, or high error cost, human legal judgment is still essential. For now.

Slide from Surden's lecture

The second lecture was by Jason Lynch, General Counsel and COO at Foundry Group, Boulderite Brad Feld’s venture-capital firm. Feld, together with David Cohen and now-Governor Jared Polis, co-founded Techstars. Lynch’s presentation took the AI-can-do-law logic to its edge. In his talk provocatively titled “AI Lawyers Should Be Admitted to the Bar,” he argued that AI can already perform nearly all the core functions of an attorney counseling, advising, drafting pleadings, and preparing filings. He noted that AI passes the bar and might in some cases outperform a newly minted lawyer who has just passed the bar.

Both Surden and Lynch appeared driven by the positive effects A.I. may have on what they both consider to be an access to justice crisis in America: 80 percent of civil legal needs in the U.S. go unmet40 percent of counties in the US have fewer than one lawyer per 1,000 residents, and where lawyers are available, they are often cost prohibitive.

Slide from Surden's lecture

Despite my own confidence in my claims which is not a confidence I obtained from AI but from access and time to understand the CCPA and other cases that have been tried under the act, the odds are completely against me. According to general studies of civil litigation, when a plaintiff proceeds pro se against well-resourced defendants with experienced representation, the chances of the plaintiff succeeding are in the range of 2-3%. While AI may help to change that rate in the future, my case in particular is especially difficult and complex, and the defendants have already proven to not play fair. My case would sit on the far edge of the ”hard cases” chart for a pro se litigant attempting to use AI. It’s practically a miracle that I’ve remained standing this long. While I may not win the war due to my lack of experience in this forum, I have won many battles already that act as stepping stones for the next person who becomes caught in the crosshairs of Alden’s bad faith business practices and is willing to stand up to such a large and ruthless, unaccountable power.

Accomplishments so far:

  • Demonstrated that Alden’s attorneys, Steven Zansberg and Mike Beylkin, who represent Alden Global Capital, Heath Freeman and Randall Smith personally, are not litigating in good faith. They have employed what’s called judicial estoppel, which is a serious issue, asserting one set of facts as true when convenient and then later asserting the opposite set of facts as true when strategically useful. This conduct matters beyond my case: these same attorneys represent The Denver Post, so these tactics reflect how the newspaper itself attempts to win disputes in the community without ever engaging honestly. Their pattern includes, along with the editor, refusing to articulate an editorial position, refusing to participate in the editing process, falsely asserting that editing occurred and then inadvertently revealing that it never did, later asserting that it never would, refusing to confer unless compelled by the court, refusing all discovery, and using avoidance and estoppel as a strategy to win through a gross disregard for truth and honesty.
  • Established that Freeman and Smith, in their own defensive pleadings became parties to the case individually by voluntarily adopting and incorporating the arguments of their corporate entities, thereby placing themselves within the litigation in their personal capacities, de facto. If there was ever uncertainty about their individual liability, their own pleadings resolved it: they have become rightful defendants to the claims for business fraud in this case.  Combined with the documented facts showing Alden’s direct control over newsroom editorial and operations, this provides a template for other plaintiffs in Colorado and other states whose local Alden-owned newspapers engage in consumer deception, to consider suing Smith and Freeman individually, for having personally admitted the same facts and promises that their corporate entries admitted to.
  • Shortly after my complaint was filed, Lee Ann Colacioppo, the chief editor of The Denver Post, who has been accommodating Smith and Freeman since Gregory Moore resigned over Alden’s interference, announced she is winding down her career. Throughout her tenure, she chose loyalty to Alden over service to the community by helping to conceal Alden’s role and by abandoning basic journalistic standards. Her own disregard for truth and her deceptive attempt to conceal that she never edited was an important contributor to the very conditions that now expose Freeman and Smith to claims of consumer fraud.
  • Clarified in the pleadings that Alden’s attorneys have deliberately avoided the truth as a litigation strategy. In a notice to the court reserving my right to seek sanctions, I filed the complete correspondence between myself and Alden’s lawyers, which shows a pattern of bullying, refusal to engage in or permit discovery, and a willingness to obscure facts through bad-faith tactics. This behavior mirrors Alden’s broader institutional pattern toward its newspapers and the public. Any future claimant against an Alden-controlled entity should consider reading the full set of filings to see how they treat people. Be aware that these attorneys threaten filings without justification, but just because they can, even before reviewing what they would be opposing. The record speaks for itself: The Denver Post and Alden’s lawyers, who sometimes champion First Amendment causes in Colorado when it suits them, are playing both sides of the coin, using estoppel, factual avoidance, intimidation and threats to defend Smith and Freeman’s deceptive business practices.

I. Filing and Initial Proceedings (January – April 2025)

January 2025:

  • I filed the original complaint in Boulder County District Court (Case No. 2025-CV-11) against Alden Global Capital, Heath Freeman, and Randall Smith as the only three defendants.
  • My claims were brought primarily under the Colorado Consumer Protection Act, with related theories including fraudulent concealment, misrepresentation, and injunctive relief.
  • The case emphasized that the deceptive conduct was related to the terms of service and thus commercial, not editorial.

February–March 2025:

  • The defendants filed an anti-SLAPP motion under C.R.S. § 13-20-1101, arguing that my claims arose from protected journalistic speech.
  • I responded that (1) the claims target commercial misrepresentation, not speech; (2) the motion was untimely; and (3) even if the statute applied, I could meet Step Two with extensive factual evidence of falsity and deception.
  • Before the hearing, I filed an amended complaint, which procedurally mooted the first anti-SLAPP motion.

Originally, I sued only the three individuals — Alden, Freeman, and Smith. The defense then argued that the entities actually responsible would be MediaNews Group, The Denver Post, and Prairie Mountain Media. I amended the complaint to include those parties, and the owners subsequently adopted the defenses of those entities, effectively making themselves de facto parties. This is a rare occurrence in corporate litigation, as it placed the principals themselves directly on the hook….which it should do.

II. Renewed Anti-SLAPP and Consolidated Opposition (April – June 2025)

April 2025:

  • The defendants filed a renewed anti-SLAPP motion, recycling the same arguments.
  • I filed a motion to strike the renewed filing as untimely under § 13-20-1101(5) and as procedurally abusive, while also submitting a full Step Two opposition on the merits.
  • There was a missed opportunity on my part to help establish the correct precedent in Colorado on the fair timing for the use of an Anti-SLAPP, which is extremely dangerous for a plaintiff because it practically demands a mini-trial to get past it. I quickly learned through this process that the anti-SLAPP, while positive for companies that practice journalism sincerely, can be abused by companies like Alden where they use it to defend themselves against claims that are unrelated to defamation or first amendment speech, for example this commercial claim about following their terms of service. Under the rules, a plaintiff may file one amended complaint as a matter of right so long as the defendants have not yet filed an answer, and an anti-SLAPP motion is not considered an answer for this purpose. By the time the defendants filed their second anti-SLAPP motion, the deadline for doing so had already expired. The judge had the authority to decide the issue, but no Colorado court has ever ruled on this precise question of timing, and the judge in my case did not reach it either. I missed an opportunity to be more forceful in showing that if the defendants wanted to prevent my amended complaint from mooting their first anti-SLAPP motion, which prevents the risk of needing to file a second one too late, they needed to file an answer rather than relying solely on successive anti-SLAPP motions.
  • My consolidated brief relied on Rhino Fund, Harte-Hanks, Newport Harbor Ventures, and complaints filed by the state of Colorado to illustrate the distinction between commercial deception and protected speech, and to show how, so long as the defendants misrepresent their product to consumers, every day is another day that they continue to engage in bad business practices.
  • I attached extensive evidentiary exhibits, including:
    • documented factual inaccuracies; ethical breaches, and an extended set of examples of ongoing breaches;
    • the 2024 Colacioppo email which revealed the fraudulent concealment;
    • correspondence showing institutional refusal to review corrections; and
    • examples of misleading “corrections policy” and “Trust Project” representations.

During this stage, the defense invoked judicial estoppel and other procedural tactics while refusing to produce any discovery. In response, I filed all correspondence between myself, and the defendants lawyers into the public record to ensure full transparency. The record now includes a complete set of communications showing repeated avoidance of factual engagement.

To be clear, the defense has not only refused to provide any discovery, they have refused to accept any discovery. After asking them to let me know what discovery they would like to see, they went as far as to warn me not to send them any discovery.

III. District Court Order (June 20 – August 13, 2025)

June 20, 2025:

  • The District Court dismissed the business entities including those Smith and Freeman alleged would be responsible instead of them, holding only that my claims were time-barred, while, importantly, dismissing Smith and Freeman without prejudice. Without prejudice means I’m free to try again, which I will do if needed after the ruling on appeal.

VI. Rule 59(e) Motion and Arguments (July 2025)

  • My Rule 59(e) motion argued that the court had misapplied the statute of limitations by disregarding:
    1. The 2024 Colacioppo email as a new deceptive act restarting the limitations period under § 6-1-115.
    2. Continuing fraudulent concealment by Alden and its representatives.
    3. The ongoing pattern of deceptive trade practices distinct from defamation.
  •  
  • The motion consolidated the CCPA claims into two parts:
    1. Part I: New and independent deceptive acts — the 2024 email and a 2025 defense-counsel statement that further misrepresented the facts.
    2. Part II: Ongoing institutional deception based on the false representation of correction and ethical-review policies.
  •  
  • August 13, 2025: The court issued its final order, denying my Rule 59(e) motion to alter or amend the judgment.
  • The ruling triggered the appellate deadlines and now serves as the anchor date for all appeal-related filings.

V. Appeal and Next Steps (September – November 2025)

October 1, 2025:

  • I filed a Notice of Appeal to the Colorado Court of Appeals in Denver.
  • Transcripts from the hearing were ordered, and I began preparing my arguments for the appeal. I’m not appealing just because I can, I do believe that fraudulent concealment was argued for correctly. If the appeal court finds I did not argue it correctly or that it was too late to be elaborated on from within the 59e rule then I will be sure and use that knowledge when adapting my new complaint which I will file.
The appeal was filed, answer and reply have been completed,  and so next the Colorado Court of Appeals will issue a decision.
 

Links (*Im still filling out links to filings. These can be accessed by searching the case number, 2025CV11 in the Colorado Court’s E-filing system for lawyers, or via Lexis Nexis for others at https://cocourts.com ). If you are engaged in research and would like a copy of a particular filing, please reach out.

Links to information, prior to filings:

  1. On Humanwire (March, 2022) – Facts on the organization, misreporting and what occurred as a result of the misreporting. https://dembot.net/on-humanwire/
  2. Personal entry related to the lack of accountability by The Denver Post (January, 2023) https://www.facebook.com/share/p/1A9yiptkuS/?mibextid=wwXIfr
  3. Full investigation into The Denver Post and The Daily Camera’s operations under Alden (January, 2025) https://dembot.net/colorado-journalism-culture-shift/

Links to filings:

+ The First Complaint: Best to understand how Smith and Freeman operate Alden and their subsidiaries including MediaNew Group and The Denver Post, and how I claim they are engaged in ongoing consumer fraud. https://dembot.net/baron-v-alden-global-capital-randall-smith-and-heath-freeman/

+ The Amended Complaint: Best to understand the facts surrounding Christoper Osher’s extensive, extremely rare journalistic fraud (starts with Paragraph 11 on the PDF). https://dembot.net/amended-complaint/

+ Notice to court on the disregard for truth by defendants and their counsel. This included the full email correspondence between myself Alden’s lawyers [link forthcoming]

+ List of ALL filings prior to appeal: https://dembot.net/wp-content/uploads/2025/11/2025CV11-list-of-filings.pdf

CURRENT STATUS: The case was dismissed without prejudice as to the individual defendants, Randall Smith and Heath Freeman, meaning I am able to “try again”, which I will do, if needed. First, the case is before the Colorado Court of Appeals regarding the dismissal. If the appeal is unsuccessful with a decision I disagree with, I will use what I have learned to file a new, “better” complaint against Smith and Freeman. To date, the only substantive ruling the district court has made, which was the reason for dismissal, concerns the statute-of-limitations timeline. The District Court held that my CCPA claims expired in 2021, three years after what it viewed as the last deceptive act in a series. I appealed instead of immediately refiling because The Court did not properly address my argument that the statute of limitations was reset in 2024, when The Denver Post’s Editor-in-Chief made a new deceptive representation that constitutes fraudulent concealment under Colorado law. That 2024 act extended the limitations period to mid-2027. I also provided an array of other facts that should justify extending, reseting and starting the clock anew. I believe my January 2025 filing was therefore, timely. Even more simply, I argued a case should not be tossed on a statue-of -imitations grounds, at the pleadings stage, on a motion to dismiss. A decision from the Court of Appeals could come by the late summer or fall of 2026. If the decision is in my favor, the case will resume where it left off, and if the decision is not in my favor, and if I disagree, then I will take what I learned and try again.

+

Amended Complaint

This version added needed elements to complete the picture, including:

  • Detailed facts to outline how Christopher Osher caused so many errors, linking his false information to the cause of a false arrest,
  • Added facts about value of asset damage,
  • Added facts about underground political activism in Boulder, including full letters from an “activist lawyer”.
  • Incorporated Randall Smith and Heath Freeman as libel defendants for fraud individually in their personal capacity, de facto,
  • Detailed the facts for the Statute of Limitations,
  • Removed the retraction claim (so long as they update their policies it will not matter that the false reports linger).
  • Etc.

Here is a link to the web version for the updated amended complaint:

https://dembot.net/wp-content/uploads/2025/04/Baron-v-Alden-Web-Amended-Complaint.pdf

This is not an official copy and has material differences from the originals on the docket. This is a non submitted version prepared for the web. See the originals under Colorado District Court Case # 2025CV11