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Right To Continued Access

Chapter 6 of 15

The notebook is spiral-bound, blue cover, the kind from Duane Reade where you go when you need something at eleven at night and don't want to make a special trip. He bought it on a Tuesday, three weeks ago, after the third time he reached for a memory and found it flat -- thinking, in a way he will later recognize as denial, that the problem was record-keeping. That if he documented what remained, he could stop the spread.

He drew the dividing line with a ruler. Two columns. Left: what I know. Right: what I can feel. He dated the first entry October 14th.

His ninth birthday. The cake his Tia Rosa made, shaped like a soccer ball, green-dyed frosting for the grass, chocolate sponge inside with cream she made from scratch, his mother singing his name from the other room the way she only did on birthdays. Left column, these facts. Right column, where the experience should be: the frosting on his tongue, Rosa's arm warm and heavy around his shoulder when they lit the candles, the sound of his mother's voice doing that thing. He crosses it out. Not revision. Elimination.

His father teaching him to ride a bicycle on 35th Street, the summer before fourth grade. The bike was a Caloi, red, secondhand, a size too big because his father said he'd grow into it. Left: red Caloi, 35th Street, training wheels removed that Sunday, fell twice, got it on the third run. Right: the handlebars under his palms, the panic-and-release of the moment the wheels lost their extra contact with the ground and the whole thing became a question of balance alone, the thrill of solving it with his body before his mind could catch up. Crossed out. The right column has twelve entries. Ten are crossed out.

He does not write My mother humming "Corcovado" because that's the one he started with, the first loss, in the kitchen in Astoria where the shape first appeared, and adding it to the list would make it official in some way he is not yet ready for. He found Lena Chu's name the same night he turned off the podcast -- in the show notes he wasn't going to read, at eleven PM in his car in the parking garage below his building, writing her name on a receipt with the pen he keeps in the cupholder. He made the appointment a week later, after entry seven joined the crossed-out column.

The clinic is in Washington Heights, inside a Columbia building that looks like a regular clinic floor -- chairs with wood armrests, outdated magazines, a window with a view of a parking structure. He waits twenty minutes. A receptionist calls him by his first name. Dr. Chu has his intake forms on her desk and the Hearthstone data he'd exported and printed at the FedEx Office on Roosevelt Avenue. She asks him two questions -- how long he's been using the app, what the first loss was -- and then takes him to the imaging suite. Twenty minutes in a machine that hums at a frequency he can feel in his back teeth. She tells him to come back in a week for the results. Entry eight joins the crossed-out column while he waits.

The brain scans are on the light box when he returns. Two images: his brain during memory retrieval, activity mapped in colors from cool to warm. The difference is not subtle. In the second image the warm patches are smaller. Where the color should pool behind his temples, behind his eyes, there are stretches of gray-blue that have the quality of lights going off in an apartment building -- not absent entirely, but dimmed in a way that changes the shape of the whole.

"Hippocampal-cortical network," she says. She traces the path with her pen without quite touching the image. "This is where experiential memory reconsolidates -- where the factual record of an event gets connected to the sensory and emotional content. What I'm seeing is reduced activity in that pathway. Not damage. The tissue is intact. But something is interfering with the activation."

"What's interfering."

She sets the pen down. She has said this sixty-seven times and he can tell from the quality of her stillness -- not the stillness of someone who finds it easy, but of someone who has learned to hold level when telling someone what she is about to tell him.

"Sixty-seven documented cases," she says. "All heavy Hearthstone users. Every case without exception. I can show you the correlation. What I can't give you yet is a mechanism that will hold up to evidentiary scrutiny -- the pathway by which app engagement produces this effect. But the pattern is there."

"I wouldn't call myself a heavy user. I barely--"

"Your engagement score is sixty-one. Top eight percent of users." She opens the folder. "Heavy use, in our definition, means sustained engagement over months that results in repeated exposure to the platform interface. It doesn't require active engagement. You just have to open the app."

He thinks about the evenings, the automated loop, the thumb moving through screens. He had barely used it. He had only opened it. "It's as if someone took the photograph," she says, "but left the caption. You have all the metadata -- who, when, where, the factual sequence. What's been suppressed is the experiential content. The how it felt." She pauses.

"The how it sounded."

He looks at the brain scan -- the warm patches, cooling -- and finds the forum that night. Types Hearthstone memory problems and it's the third result -- a Reddit thread started in July by a user called stillwaiting_2019, titled: Am I losing my memory or is Hearthstone doing something weird?

The original post is short: Longtime Hearthstone user, been noticing that some of my memories feel different lately. Like I still have them, technically, but they're... thinner? Does this make sense to anyone? Is this happening to other people?

Thinner.

He reads the word and a tightness that's been without a name in his chest for three months locks into one. That's exactly it. Not gone -- thinned. Like a document that's been photocopied at a setting where the original doesn't quite transfer. The edges hold but the interior is losing resolution. There are forty-three replies: Yes. I thought it was depression. My therapist says it's not depression. Camping trip with my dad, I can describe every detail. Can't feel the cold. My grandmother's kitchen. The smell was everything to me. Now it's just a description of a smell. My dog Biscuit died last year. I know his weight. I know the sound he made at the door. But I can't feel him in my arms anymore. I told myself it was grief -- but I noticed this before he died.

He reads all forty-three. Someone's college graduation, the knowledge intact, the experience a description of an experience. Someone's child taking first steps, recorded on video, watchable, confirmed as having occurred -- but it's like watching something that happened to someone else. Someone's wedding day, the photographs accurate, the feeling gone. The thread is from July; people are still posting, and he counts through and thinks: there are forty-four of them now.

Two-thirds down, there's a reply from a user called jfrost_lawnyc, from three months ago. He almost scrolls past it.

My name is Julian Frost. I'm a class-action attorney based in New York and I've been investigating Prometheus Digital, the company behind Hearthstone, for approximately two years. I won't make promises in a public forum, but if you are a Hearthstone user experiencing what's described here -- factual recall intact, experiential recall diminished, Memory Wellness Score trending upward -- please contact my office. This is a confidential inquiry. No commitment to participate in litigation. I just need to talk to people. Office number and contact form are on my website.

He reads it three times. The language is careful -- every qualifier placed to avoid creating a commitment that could be held against him, the "confidential inquiry" there to address a fear that Frost evidently knows people have, the "I just need to talk" doing the work of being human without being casual about it. It is the language of someone who knows exactly what words commit you to and has arranged his to commit him only to what he can deliver.

Two years.

He looks up Julian Frost's firm, which has a website that looks like law firm websites always look -- authoritative, slightly dated, bookshelves in the bio photo. Cases by category: tech litigation, consumer protection, class action. Not labeled by outcome. None of them labeled won.

He calls the next evening, the direct number from the website. He has rehearsed what he wants to say, and then Julian Frost picks up after the second ring and says "Frost" -- just the last name, the economy of someone who has learned what to cut -- and Ren forgets the rehearsal.

"My name is Ren Almeida. I saw your post in the Hearthstone thread."

"When did you start using the app."

"June. I downloaded it to archive memories of my mother. She has early-onset Alzheimer's, and I thought--" He stops. "I was going to use it to save things." Julian doesn't fill the pause.

"My Memory Wellness Score is sixty-one. I've been losing -- that's not the right word. The memories are still there but they're--"

"They're there as facts," Julian says.

"Yeah."

"When did you first notice."

"August. My mother used to hum 'Corcovado' when she cooked. The Jobim song. I went to remember her version -- her version, in her kitchen in Astoria, not the recording -- and everything else was there, the yellow tile, I can describe every inch of it. The sound was gone. Like I know she hummed it, I can play the song, but I can't hear her anymore."

Six seconds of quiet. Paper moving somewhere.

"Are you in New York," Julian says.

"Queens."

"Can you come to my office? Tuesday, three o'clock."

"Yes."

That's the whole call. Less than four minutes. Afterward he sits holding the phone, the screen still warm against his palm. Something has loosened in his chest that's been tight since August. Not hope -- he's not that far gone. But the feeling of having said it out loud to someone who didn't need it explained.

He opens the notebook to the last entry, the right column with its row of cross-outs, and below all of it he writes: Tuesday. 3pm. Julian Frost, Midtown. It's the first line in the right column that isn't gone. He puts the notebook down and picks up his phone and plays "Corcovado." The guitar comes in, the melody starting exactly where it starts. He knows this recording by heart now -- the chord changes, every measure, the three extra seconds of guitar at the end where the original tape ran long. He plays it because it's correct, the way a map is correct: it has the right dimensions, it describes the territory accurately. It is not the territory.

His mother's version. He reaches. This time he doesn't start with the kitchen -- he starts with her hands. Flour on her knuckles when she made farofa, the brush of her palm against his cheek before dinner, the roughness of cassava still caught in the lines of her fingers. He can list every detail. But the temperature of her hands, the pressure of them against his face -- that's in the right column, crossed out. The fact of her touch remains. The touch itself does not. Three months of the same reach, the same absence. The notebook confirms it.

But he is different. He called someone. He described the loss to a lawyer, and the lawyer went quiet for six seconds, and that silence carried something he hadn't expected -- recognition. Not sympathy. The steady recognition of a man who has spent two years listening for exactly this. He can't undo it. The brain scans are clear enough. Whatever's been suppressed in the hippocampal-cortical network, none of the sixty-seven cases before his report getting it back. Tuesday won't return what August took. But he can bring a witness. He can sit across a table and say: here is what was taken, here is how it differs from the fact that remains, here is what the Terms of Service removed from the right column. Someone will hear it.

The recording plays through to the end -- the extra three seconds of guitar, then nothing -- and he puts the phone face-down on the desk beside the notebook and gets back to work.

HEARTHSTONE PLATFORM SERVICES LICENSED CONTENT MANAGEMENT — EXHIBIT A UPDATE ACCOUNT: AL-7834921 / ALMEIDA, RENATO A. DOCUMENT VERSION: 1.3 THIS VERSION SUPERSEDES ALL PRIOR EXHIBIT A FILINGS

Pursuant to Section 4.2(c) of the Hearthstone Terms of Service ("Agreement"), the following items of Licensed Content have been identified for priority processing in accordance with your current engagement profile. This update supplements previously filed Exhibit A content and reflects extraction queue additions effective the current processing period.

Previously flagged items remain in active processing. No action required by User.

NEWLY ADDED PRIORITY ITEMS:

Item 4 — Paternal motor skill instruction event. Bicycle riding, 35th Street, Queens, NY, ca. summer 1999. Associated experiential content: grip sensation (handlebar/rubber interface), vestibular-balance acquisition event, paternal proximity and approval imprint. PRIORITY: HIGH.

Item 5 — Maternal birthday vocalization. Subject's ninth birthday celebration, ca. 2006. Content includes maternal use of diminutive form of User's given name (Portuguese), sung. Associated emotional content: early childhood maternal bonding cluster, domestic safety imprint. PRIORITY: HIGH.

Item 6 — Residential olfactory cluster. Almeida family residence, Astoria, Queens, NY. Farofa preparation scent profile (cassava flour, butter, variable aromatics). Associated with maternal presence, domestic homecoming affect, childhood safety cluster. PRIORITY: HIGH.

You may view your complete Exhibit A inventory at any time from your Hearthstone Memory Wellness Dashboard.

— The Hearthstone Team Remember what matters most.

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