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A private corporation can choose not to sell to the government. A lot of them do exactly this. A lot of hoops to jump through.

However, if they do sell to the government, they shouldn't have some sneaky way to exert control over decision making using their products. We're a country of laws, and for better or for worse, these laws are made by elected officials and those appointed by elected officials.

Why an American company wouldn't want American defense to have the most capable tools at their disposal is a different matter all together, but here we are.


Your court system wasn't designed for the Executive branch acting with actual bad intent.

You're a country of laws, but if enforcing them takes months if not years... Then during that time, you're the wild wild west


The system also wasn't designed for presidential immunity. Combining that with unlimited federal pardons, we're the wild west permanently, or at least until that decision is overturned.

I suspect cynically that as soon as someone not a republican takes power the presidential immunity will magically evaporate in a burst of bad faith jurisprudence.

This administration has made it very clear that they will do what they can to change laws whenever convenient, without congressional oversight, whether or not they are "allowed" to.

Trump implemented tariffs he wasn't allowed to immediately, he started a war he probably wasn't allowed to in order to (allegedly) distract from associating with a pedophile, he wrote an executive order trying to undo the fourteenth amendment, he has actively been abducting and imprisoning lawful residents (and even citizens!) and actively pushed for racial profiling to do so.

If a company feels like the government will simply rewrite the laws in order to advance any kind of political whim (including to be weaponized against that very company!), it's not wrong or even weird for them to want to add safeguards to their product.

To be clear, this isn't weird or uncommon. Lots the stuff you sign in the EULA isn't preventing you from doing things that are "illegal".


> they shouldn't have some sneaky way to exert control over decision making using their products.

why not, many companies have all sorts of rules you agree to when using their products, including many legal ("lawful") things. Are you saying that the government as a client should be unbound by contractual obligations that apply to other clients?


Governments negotiate their own contracts with their own terms of service. That’s one of the hoops government contractors jump through.

That's fine as long as the company can choose they don't like those terms and refuse to do business. But in this case the government threatened, and carried out the threat, of classifying Anthropic as a "supply chain threat" if they didn't agree to the government's terms.

Not only that, but some of the contractual terms are defined by federal acquisition law, et al.

I want to be clear, I agree. I have no objection to unique government contracts. I'm specifically curious about GPs position that a government contractor should be (ethically?) bound from putting contractual obligations on government use of their service.

Like the various ai providers limit lawful use like creating AI pornography. I think it would be reasonable to keep a contractual restriction against that even when working with the government.


I'd prefer our elected officials own the manual, accepting the fact that [person I don't like] could be in power and they can re-write the rules, then a private billion dollar corporation. Especially when it comes to defense.

Ha! If the Congress did diddly squat about eavesdropping on them by organizations that aren’t supposed to spy on citizens back in the Obama days (we also spied on allies’s governments but that’s kinda what all of them do) there is no hope in them reining things back at all… for mere hoi polloi.

I guess we have to appoint Amodei and Altman as our benevolent dictators to keep Congress in check!

They're allowed to say no. The ability I have to say no to you doesn't mean I rule over you.

Why wouldn't it be exciting? It would learn through logic and reason as opposed to our faulty human artifacts. And it wouldn't be limited to what we currently know. A good test would be if it could rediscover mathematics or relativity.

This is all well and good as an intellectual exercise, but in real life none of this matters. Almost no one thinks their code is copyrightable or seriously thinks their code is a moat. I've written the same chunks of code for a number of employers as has every engineer. We've all taken chunks from stack overflow and other places without carefully considering attribution.

This comes up in a few places as a kind of vindictive battle. One example is Oracle suing Google for too closely mimicking their API in Android. Here is an example:

> private static void rangeCheck(int arrayLen, int fromIndex, int toIndex) {

    if (fromIndex > toIndex)

        throw new IllegalArgumentException("fromIndex(" + 
fromIndex +

                                           ") > toIndex(" + 
toIndex + ")");

    if (fromIndex < 0)

        throw new ArrayIndexOutOfBoundsException(fromIndex);

    if (toIndex > arrayLen)

        throw new ArrayIndexOutOfBoundsException(toIndex);
}

And it was deemed fair use by the Supreme Court. Other times high frequency hedge funds sued exiting employees, sometimes successfully. In America, anyone can sue you for any reason, so sure, you'll have Ellison take a feud up with Page and Brin all the way up to the Supreme Court.

In 99.9% of instances none of this matter. Sure there's the technical letter of the law but in practice, and especially now, none of this matters.

https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf


> Almost no one thinks their code is copyrightable or seriously thinks their code is a moat.

You'd be surprised! Among non-software management types, they often think of the code as extremely valuable IP and a trade secret. I'm a CTO and I've made comments before to non/less technical peers about how the code (generally speaking) isn't that big of a secret, and I routinely get shocked expressions. In one case the company almost passed on a big contract because it required disclosure of the source code (with an NDA). When I told them that was a silly reason and explained why, they got it, but the old way of thinking still permeates and is a hard habit to break.

Edit: Fixed errant copy pasta error. Glad that wasn't a password :-)


Totally agreed.

I work in M&A. Nearly every lawyer, accountant, investor, and software business owner thinks their code is solely valuable and a trade secret. I find it hilarious and try to be as diplomatic as possible about why it's not. They also willfully will give their client list to a potential acquirer but get super cagey they moment a third party provider asks for their code to be scanned.

This argument easily gets shut down when I asked why, Twitch, a $1B business didn't crater to their competition when their full codebase was leaked.


You're right, I guess maybe I mean in any serious actionable way. Senior, non technical people leave plenty of money on the table by thinking they're protecting something valuable or they have some kind of secret sauce. It's all silly is what I meant to say, and digging into the technicalities of whether your code is truly copyrightable is kind of pointless. It's all vibes.

The place where it concretely matters is M&A due diligence. Acquirers are now routinely asking about AI tool usage in development and running license scans as a condition of closing. A codebase that cannot demonstrate human authorship over its core IP, or that contains GPL contamination, creates a representation and warranty problem in the purchase agreement. For most companies day to day you are right. For the companies that get acquired or raise institutional capital, the question becomes very concrete very quickly.

Very interesting, I had no idea. That's probably going to be a very painful lesson learned by all the startups that have been pumping out AI code. I know of several just among my peer groups that will be shocked and dismayed by this. Thanks for sharing that!

That is exactly the gap the piece is aimed at. The M&A conversation is where this becomes concrete very fast, and most founders shipping AI-assisted code have not had it yet.

Eh, it does and it doesn't. PE investors actively are asking why more of the portfolio companies aren't generating codebases using Claude Code. You are right that lawyers are asking about code generated by LLMs but this is more of a CYA out of ignorance more than anything else (btw - many purchase agreements have funny representations like "your code is free of bugs" which is downright hilarious).

So these two things are squarely at odds with eachother...meaning, I don't know any PE acquirers who are actively terminating deals because the target acquisition's code is generating by an LLM even if the lawyers try to get a rep about it in the purchase agreement.

For the record, I still have yet to have an M&A lawyer explain to me unilaterally that AI generated code is an infringement...hence the question "who owns the code Claude Code writes" is still open.


The tension you are describing is real and the piece does not capture it well enough. PE acquirers pushing portfolio companies toward Claude Code while their lawyers are adding AI code reps to purchase agreements is exactly the gap that will produce the first painful deal. The rep usually survives unsigned because neither side has done the analysis. When the first deal falls apart or a rep is breached post-close because of GPL contamination in an AI-assisted codebase, that will set the market standard faster than any court ruling.

> When the first deal falls apart or a rep is breached post-close because of GPL contamination in an AI-assisted codebase, that will set the market standard faster than any court ruling.

Assuming it ever does...first, GPL is hardly enforced and second, I feel like there is going to be enough money (e.g. Anthropic's own code it uses for the harness) that pushes back against it being problematic. We'll see.


Maybe LLM coding agents change the equation by making it much easier to adapt and use foreign and probably incomplete code. Getting you closer to competing with the original authors in a shorter amount of time than generating new code from scratch.

> Almost no one thinks their code is copyrightable

Every open source license is built on the premise that code is copyrightable.


No.

It is based on the premise that if the proprietary licenses are valid, then also the open source licenses are valid.

So what is held as true is only the implication stated above and not the truth value of the claims that either kind of licenses are valid.

If the proprietary licenses are not valid, then it does not matter that also the open source licenses are not valid.

The open source licenses are intended as defenses against the people who would otherwise attempt to claim ownership of that code and apply a proprietary license to the code, i.e. exactly what now Anthropic and the like have done, together with their corporate customers.

Of course, if it is accepted that the code generated by an AI coding assistant is not copyrightable, then using it would not really be a violation of the original open source licenses. The problem is that even if this principle is the one accepted legally, at least for now, both Anthropic and their corporate customers appear to assume that they own the copyright for this code that should have been either non-copyrightable or governed by the original licenses of the code used for training.


Yes.

“ Copyright <YEAR> <COPYRIGHT HOLDER>

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.”

The copyright assertion is the very first line of the MIT license, and the right to copy the code is granted. Clearly a reasonable person would affirm that that license (and all similar licenses) are based on a premise that code can be copyrighted.

> It is based on the premise that if the proprietary licenses are valid, then also the open source licenses are valid.

>If the proprietary licenses are not valid, then it does not matter that also the open source licenses are not valid.

That’s not true. Imagine a world where proprietary licenses are made invalid.

In such a world a company could take open source code compile it and distribute it (or build a SaaS) without the source code.

Even if you only focus on licenses that don’t prohibit this, most of those licenses require attribution.

So even in a world where propriety licenses were invalid the majority of open source licenses would still have a purpose.

You’re attempting to split hairs to argue on a very subtle technicality, but you’re not even technically right.


MIT just disclaims all the author's rights except attribution. If it turns out the code isn't copyrightable, nothing really changes. A better example would be GPL.

I mentioned that in my comment, but attribution is a big deal.

Nobody ever talks about convergence.

You, right now, are taking about convergence.

If there is no artwork, there can be no copyright. If every character of the code to write is basically predetermined by the APIs you need to call, there is no artwork and no copyright.

Build a novel new API, and you'll be protected though.


> Almost no one thinks their code is copyrightable

Then why does reverse engineered code need to be a clean room implementation?

Ask any emulator developer or the developers of ReactOS

https://reactos.org/forum/viewtopic.php?t=21740


> Almost no one thinks their code is copyrightable

I think this is an unusual opinion.

Code may not be copyrightable in as small chunks as you put there, but in terms of larger pieces I think companies and individuals very often labour under the belief that code is intellectual property under copyright law.

If code isn't copyrightable, from where comes the GPL?

And why does anyone care if (for instance) some Microsoft code might have accidentally ended up in ReactOS, causing that project to need to go into a locked-down review mode for months or years? For that matter why do employers assert that they own the copyright in contracts?

I think it's the opposite - almost everyone thinks their code is copyrightable, outside of APIs and interop stuff, or things so simple as to be trivial.


Why were the HFT firms suing employees?

If Nancy can get some stock for cheap prior to landing a big government contract, that's not the same as a solider possibly tipping the hand of a delicate military operation.

No one likes insider trading especially when it's done by politicians, but let's not pretend they're the same


Sounds exactly the same to me. Maybe it's you who's pretending?

No one is dying when Pelosi insider trades.

And who dies when GI Joe bets on the the date of an operation?

And if nobody dies, is it okay?


You're apply the oppressor–oppressed framework.

Basically Madura and his regime, along with Gaza, West Bank and others are the victims because they're less powerful and therefore above reproach? However US and Israel are currently powerful and therefore they are the only ones worthy of criticism and scorn?

Gaza, for instance, is famously anti kidnapping.


I think it's more a case of allies and enemies.

Second the west likes to take the moral high ground. That involves holding them to a higher standard.

Third, in cases such as Gaza, and the west bank, they don't have stable governments because of actions by Israel. You can't expect them to behave like a nation state in those circumstances, so yes I do expect more of Israel.

Fwiw I'm British, I remember the troubles on Northern Ireland. I don't condone what the IRA did, but I would still expect my govt to behave better, even though I agree with them.


> Third, in cases such as Gaza, and the west bank, they don't have stable governments because of actions by Israel. You can't expect them to behave like a nation state in those circumstances, so yes I do expect more of Israel.

Exactly. They are oppressed so are incapable of wrong. You can't expect them to not kidnap and murder people at a concert.

Exactly my point


I didn't say they are incapable of wrong. I'm saying you can't hold a group that doesn't have law and order, and therefore control to the same standard as a group that does have control.

If protesters throw rocks at police, would you hold the entire group responsible? Even though most were there to protest peacefully? Would you take the same view if it was the police throwing rocks?


It's a pretty low standard. But even worse it denies them autonomy and control of their own actions. They're victims, mere observers. You deny that group self determination, you do not view them as equals. It's like I get upset if my child bites someone, but not if my cat bites someone, because it's a cat. That's why that oppressor / oppressed mentality is so dehumanizing to the people it purports to empathize with

Why is it dehumanising? I'm not talking on the level of humans, I'm talking on the level of nation states.

Plus I'm not even saying it's oppressor and oppressed, it's that one group has organisation and one doesn't.

I go back to my police and protestor example? Do you apply the same rules to each? Do you think the leader of the police is more or less culpable than the leader of the protestors?

It isn't dehumanising the protestors. If anything it's the opposite, it's dehumanising the police, they are supposed not to have agency. And that's the point.


Seems pretty organized that an open air prison that has severe restrictions on travel and trade can plan something like Oct 7.

Yeah to say say protestor can't control himself from throwing rocks is pretty offensive to the protestor. Put another way, if my son was at a protest and started throwing rocks at police I wouldn't excuse that behavior like he had no choice. You always have a choice.


I'm not saying the protestor can't control himself. I'm saying the organisers of the protest has less control over that individuals actions so has less culpability.

Whereas the police should have a culture of not throwing rocks, so serious questions should be asked of the leadership.

If you have a failed state such that large areas aren't under government control. And some warlord attacked your country, would you say that was a declaration of war from that entire country? Or would you accept the government didn't have control?

Gaza is a messed up place. You wouldn't necessarily expect all the groups to hold to a cease fire, like you would a nation with a single unified command structure.

A breach of a cease fire by Gaza says something different than a breach of a cease fire by Israel.

I'm not saying anything about individuals, I'm saying different group structures have different amounts of control over individuals in that group, so it isn't reasonable to hold them to the same standard.

To go back to your last example. Should you be held responsible for your son throwing rocks? Should that not depend upon the level of control? Or should we treat a dad handing his 5 year old a rock and instructing him to throw the rock at the police, differently to the 25 year old son that went there by him self?


I personally think vegans should consider eating cows. If you care about sentient life and abuse, think about how much meat one cow produces. Killing a single cow can feed you for well over a year.

You say that like it's mandatory to kill sentient life to feed people. It isn't.

I can imagine this poster's chortle thinking to themself, 'they thought I meant the animals!'

aren't plants also sentient?

Isn't all life sentient?

If not, where do you draw the line? "It has eyes and bilateral symmetry and an endoskeleton looks vaguely human-like so I can anthropomorphize it"? "Only members of the animal kingdom are conscious"?


Do you think plants achieve the same degree of sentience as say, a pig? Or would drawing even that line be too arbitrary for you?

honestly, I don't know.

Sentience is consciousness. I can't imagine what it must be like to be a plant, the plants existence is too different from mine for me to imagine it.

It would be like trying to imagine life in a 12-dimensional space - I'm a human, with a human consciousness, living in 3-dimensional space, that makes sense to me.

I can empathize, and to a certain degree imagine what it must be like to be a dog or a cat or a cow, because they're very similar to me in how they work. They move, they eat, they poop, they reproduce sexually. They have similar mammalian feelings and similar DNA (well, more similar than the plant).

But for all I know a plant, say the spinach I had a few days ago, could be just as conscious, albeit in a way that I absolutely cannot comprehend, and my ripping off the plant's leaves to eat them may be, to the plant, every bit as painful as someone ripping out my lungs to eat them.


So you acknowledge the former but can't get past the latter. Got it. I wonder how the judges will score.

sorry for the stupid question, but what is "the former" and what is "the latter"?

Did you mean I acknowledge the sentience of plants but not animals?

I believe that all life might be conscious, but life that is "very different" from me I have a hard time imagining what that consciousness might be like. For animals, especially mammals, I can easily imagine what they must be feeling and empathize with them. I can understand that a cow feels pain when hurt, because the cow is very similar to me. A plant might also feel pain when hurt (even the grass I step on might not appreciate me walking on it), but I'd have a harder time empathizing with that.


It's never stupid to clarify what someone means if they communicate in a way that's unclear to you.

'Former' and 'latter' were in reference to the two questions I posed to you.


[flagged]


> And it tastes even better when it seems to cause distress to vegans.

Odd flex. Try not to worry so much about what other people think of you. It'll make you a better human.


No, plants, bacteria, mushrooms are obviously not sentient as they lack a brain.

I always wonder what vegans think is going to happen to all the pigs, cows, and chickens if people stop eating meat?

Billions of pigs cows and chickens will stop being massacred in grizzly ways? Yours is an extremely common and unfortunately ill-informed argument that I see a lot. If I was given the choice between end all suffering by killing all factory farmed animals right now vs perpetuate it, im choosing kill all animals right now

It sounds like you don't have a problem with killing animals. Is it just the living conditions? If we replaced factory farms with more ethical practices, would that solve the problem for you?

Somewhat. I think we are still quite a long way from ethical practices even in the "good" cases.

I eat meat, but try to limit it to once a week and have replaced milk with oat and soy in a lot of places. I still love cheese but it does give me conflict when I spend even a second thinking about what it takes to actually get cheese. (Cows dont lactate without pregnancy). That said, my own personal philosophy is that we have likely evolved to consume animal products so I cant dismiss it fully, just reduce my own consumption. ~75% of all agricultural land is used to feed livestock, yet livestock produces only 18% of the world's calories and 37% of its protein, which just seems insanity to me.

https://ourworldindata.org/land-use-diets


> would that solve the problem for you?

not the person you replied to, but it mostly would for me. Factory farms are among the closest things to hell on earth.


Maybe we need a certification for ethical animal raising. I know we can buy free range eggs and chicken, and grass fed beef, but I know know if that really means anything.

Demand would go down, so meat companies would reduce breeding to reduce output. Or start an ad & lobbying campaign to increase demand again.

> I always wonder what vegans think is going to happen to all the pigs, cows, and chickens if people stop eating meat?

factory farms would stop breeding animals to kill them? Did you think you had an argument here?


Should pacifists likewise murder one person?

I’m gonna pull a Rogan and mention how many other sentient beings are massacred while plowing a field. Rodents, insects, snakes, birds, etc. Is that a myth?

What is the answer to feed everyone during these budget constrained times? It can’t be tofu, can it? There are just too many of us.

In the meantime, the US is overrun by dear and boars, and I’ve been learning archery.


> mention how many other sentient beings are massacred while plowing a field. Rodents, insects, snakes, birds, etc. Is that a myth?

Loads of small field animals are killed when eating vegan. Loads more are killed when eating omnivore, because you have to plow even more field to also feed the factory-farmed animals.

> In the meantime, the US is overrun by dear and boars, and I’ve been learning archery.

Assuming you stick with it, I think that could be a good idea.


The deer are full of Chronic Wasting Disease and we've half given up trying to stop it. Many states have stopped their targeted culling programs because they're ineffective once incidence is above 5%. You're suicidal if you eat meat that you know comes from an animal with a prion disease.

I've never hunted (yet). Have fished plenty but that doesn't count.

I lived for a year in a suburb of Charlotte NC a couple of years ago, and there were herds of whitetails on my dog walks.

I'd like to learn more about "Chronic Wasting Disease" if you have any resources, because on podcasts or r/Archery and the like, "harvesting your own food" is par for the course. Thank you.


Decent overview from the US CDC https://www.cdc.gov/chronic-wasting/about/index.html in one study, Rhesus monkeys were infected by eating CWD infected meat. There's no cure or mitigation of prion diseases so that'd be enough for me to stay away from hunted deer in any county with reported incidence of it. And deer range and roam, and not every place in the country is as on top of testing for it as everywhere else. Maybe I'm Chicken Little, but I don't like the odds.

Thanks. Wild stuff, pun intended. Even though the article mentions “The disease hasn't been shown to infect people”, just the thought of a “maybe” is deterrent enough. But then, who knows what’s in the meat I’m getting from Costco. Perhaps the fish are next and the Soylent future is upon us.

> What is the answer to feed everyone during these budget constrained times? It can’t be tofu, can it? There are just too many of us.

You are very wrong here by orders of magnitudes. The US produces about 5 billion bushes of soybeans. 1 bushel is around 60 lbs. Having made tofu myself, depending on the type of tofu you make 1 lb of dry soybeans is anywhere from 1.5 to 2 lbs of tofu(remember we are adding water to the mix so we increase weight). If 1 bushel is 60 lbs and we produce 5 billion then we have 136 million metric tons of soybeans which makes 272 million tons of tofu which is enough to feed the entire US several times over.

This doesn't even begin to touch the amount of food you can make from the byproduct of tofu, soy pulp which is itself a food in some countries.

I'm not suggesting we actually do it but to answer your question of "is tofu the answer," it could be. The vast majority of our soybean crop was sold to other countries until Trump tariffs made China switch from us to Russia. I'm not sure what the current status of our soybean production is but we have the crop production to feed the entire US.


Thanks for the math. Obviously not everyone will go for Soyfu, but I'll attempt to integrate it into my diet. I've had it, it's an acquired taste, but what isn't really. I remember hating black caviar growing up in Ua.

I'd recommend checking out Serious Eats for Kenji's "Vegan Experience" recipes. He has some tofu recipes for omnivores that I really endorse. His tofu banh mi is divine.

Tofu is amazing when it's used for things tofu is made for instead of as a sad meat substitute. Miso soup isn't miso soup without tofu, and mapo tofu is one of the most amazing flavors in existence. (It's sichuan, so it's not for people who can't tolerate flavor.)

I just want to chime in and say it's a rather nice to see an earnest and pleasant response like this.

To your first point about the small animals in the fields that are harmed by agriculture, I think that's worth having concern about overall, certainly. But many of the animals that people currently consume are fed large quantities of crops that incur that same cost. The average beef cattle is eating such things for 18 months prior to being slaughtered, breeding sows do the same for 3-5 years, and their offspring 5-6 months on average.

If there are advances in things like cultured meat that can be produced in a sort of industrial setting at a competitive price it might be possible to drastically limit both the conscious and inadvertent harm to animals.


There's a case to be made for wild/hunted meat. But the majority of meat production worldwide relies on feeding those animals farmed plants, and that entails a lot more plowed fields than farming plants for direct human consumption does.

> What is the answer to feed everyone during these budget constrained times?

It's much more efficient to use land to grow food crops for people to eat directly than it is to grow food for livestock and then have people eating the livestock.

It's one of the reasons that I've been pescetarian for a few decades - it's unsustainable for everyone to eat substantial amounts of meat and there's a lot of deforestation just to sate people's desire for burgers.


Curious if there are more privacy friendly methods to prove you are who you say you are. It's a real problem and hurts trust, not to mention enables billions in fraud.

The assets weren’t AAA, you’re mixing it up a bond concepts. The deal had bonds that were AAA. And if you’re talking about CDOs then the assets were bonds which were usually BBB or similarly cuspy bonds.

You should learn about securitizations. It’s actually interesting. But people talk about it colloquially and so incorrectly that it’s mind dumbing.

Here’s a simplified example of how you can take something and turn it into a safe investment:

Suppose you have 10 loans and each has a 50% chance of default. Ignore coupon, and say they are $10 each. Expected value is $50

If you were to put this in a deal and cut it up into tranches, say the first tranche gets the first $10, this would be your AAA bond because odds of getting paid out you $10 would be > 99.9%. The equity (bottom tranches) would pay a lot less. For instance the expected value of the bottom half would be considerably less than $50 that is being promised. So there’s upside since you’ll be paying cents on the dollar and even though in the median scenario you’re making nothing, you have to weight the expected values of each scenario to figure out how to price it.

The problem w this model is that it only works if assets are relatively uncorrelated which wasn’t true (it was true in the past but ignored systematic risk and adverse selection in originations).

What this has to do w musk or spacex I’m still not sure


Just to well actually your well actually...

What you've described is how the base level mortgage-backed securities (MBSs) work. The tranches work because there actually exist mortgages that are at lower default risk (high home equity, well qualified borrowers, etc.), and the senior tranches are effective in capturing their underlying safety. What CDOs did was to take the lower, riskier tranches of MBSs from various sources and repackage them and divided them into tranches again. Then they got the ratings agencies to rate the top tranches of the CDOs as AAA as well. It's as if a teacher graded several classes and then took everyone that got a C or below from all the classes and then graded them on a curve again. And suddenly a lot of the C students became A students. It was outright financial insanity. Well, mixing a rocket/satellite company with a couple of also-ran AI outfits and the walking corpse of Twitter, and then calling the whole thing SpaceX and valued at $1.75T is a similarly level of financial insanity to me.


I don't see the distinction. They're still cashflows and you're just trading one for the other.

Mortgages are very cuspy. It's pretty wild that someone would give you a 30 year loan with 20% equity for a few percent higher than risk free. Also you could default on that loan and they can't garnish your wages. And if you default, your credit history would reset after 7 years. Oh and you can repay the loan at no cost, so if rates go down you can just pay it back and turn around and get another loan at a lower rate, or if rates go up you can hold on to it until 30 years.

It's the same thing with CDOs. You take something that has some undesirable characteristics (these cuspy BBB), structure it in such a way to create some safe and riskier assets. And hopefully the sum of the final tranches is worth more than the components.

It's like if you were forced to sell an animal whole. The individual components are worth more because people have different preferences. With CDOs (excluding synthetic), the amount of exposure is unchanged. It's a bit more concentrated where the riskiest parts are in these CDOs, but nothing changes.

I get that finance isn't really sexy and people see it as just pushing paper around, not creating any value. But there's real value in taking some components and creating something more valuable with it. It's like using flour + sugar + egg to create cookies worth a lot more than the individual components. There was fraud and negligence but people are mad at the wrong things.

Rating agencies did a poor job, but in their defense, delinquencies and defaults reached levels well outside expected values due to systematic risks. Also rating agencies are kind of a joke. Investors aren't dumb. Even today, look at debt, there's a big difference between bonds of the same rating and similar weighted average life.

The bad thing about rating agencies is how regulations rely on them to determine what "safe" is and capital requirements. Of course, mandated capital requirements shouldn't be the end all be all of risk management, but these guidelines that over rely on rating agencies don't help the matter.

Mixing rocket company with AI and social media is fine. It's just a conglomerate. Who cares? Look at Samsung, they sell smartphones, TVs, ships, they're involved in construction, even insurance and biotech.

The question is what is the underlying core competency they're relying on and it's obviously Musk. And he has been able to deliver innovative products (manufacturing and forward thinking technologies). He scaled up one of the largest training clusters in the world in a very short period of time. He created a large car company after decades of stagnation. He lowered cost of getting stuff to orbit by orders of magnitude and now handles something like 90% of rocket launches. He's gotta be doing something, right?


> this would be your AAA bond because odds of not getting paid out you $10 would be > 99.9%

I think you meant "the chances of getting paid", not of not getting paid.


Thanks. Updated

> Suppose you have 10 loans and each has a 50% chance of default. Ignore coupon, and say they are $10 each. Expected value is $50

And that naive statistical reasoning is where it goes terribly wrong. You have to consider the causal process that generates that distribution!

The type of people who would default on a coinflip are extremely sensitive to how the economy changes. The probabilities are very correlated, the expected value is rather meaningless then. It's closer to having a 50% chance to either get a full return or get zero returns, depending the macroeconomy, quite the gamble. Actually, those people were in a rather dodgy situation in the first place, or are not great at decision-making, so it might be more like 50% chance either of getting 50% return or getting 0% return.

PS: Just elaborating on your point, not meant as a counterargument, I know you said the same thing.


> The problem w this model is that it only works if assets are relatively uncorrelated (it was true in the past but ignored systematic risk and adverse selection in originations). What this has to do w musk or spacex I’m still not sure

What this has to do with with SpaceX is that there's the same blatant disregard for sound financial analysis by the very institutions that were/are supposed to know better. The NASDAQ 100 fast track decision is a similar level of financial malpractice as the ratings agencies slapping AAA on things that they knew were little better than junk. The abuses of the subprime mortgage originators were well known long before the actual meltdown. As were those systemic risks you spoke of. They were ignored by those whose entire job it was to not ignore them, and they sold out their credibility for a quick buck. If you can't see the similarities to the present situation then I can only wish you luck.


Are you familiar with how crypto tumblers work?

I disagree. I like the standard interface, being able to easily switch models as things invariably change from week to week, and having a relationship with one company. That's why I'm a big fan of openrouter and Cursor. Not too much experience with Copilot, but I think there's a huge value add in AI middlemen.

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