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Businesses

IBM To Buy Software AG's Enterprise Integration Platforms For $2.3 Billion 2

An anonymous reader quotes a report from Reuters: IBM said on Monday that it would buy Software AG's enterprise integration platforms for 2.13 billion euros ($2.33 billion) to bolster its artificial intelligence and hybrid cloud offerings. IBM will acquire Software AG's StreamSets and webMethods platforms with available cash on hand, it said. The two units formed Software AG's so-called "Super Ipaas" business, which was launched in October.

The platforms provide application integration, application programming interface (API) management, and data integration among other uses. Software AG is majority owned by private equity firm Silver Lake, which currently owns 93.3% of shares in the German software company, following a takeover pursuit spanning several months. That deal valued the whole business at 2.6 billion euros ($2.84 billion). The transaction is subject to regulatory approvals and is expected to be completed in the second quarter of 2024.
"The opportunity to bring the StreamSets and webMethods teams together with IBM to innovate in building the future of hybrid cloud and next-generation AI solutions for the enterprise is uniquely compelling," Christian Lucas, chairman of the supervisory board of Software AG said in a statement.
Earth

Volcano Erupts in Iceland Near Power Plant, in 'Worst-Case Scenario' 31

A volcano in southwestern Iceland began erupting Monday, posing a risk to the nearby Svartsengi Power Plant and the town of Grindavik. "We are looking at a worst-case scenario," said Thorvaldur Thordarson, a volcanologist in Iceland. "The eruption appears big, and only about two kilometers from major infrastructure." The New York Times reports: Thousands of earthquakes had been detected in Iceland since late October, according to the Icelandic Meteorological Office. In November, with homes and roads being damaged, the authorities declared a state of emergency and evacuated Grindavik, a town of more than 3,000 people near the volcano. More recently, the Meteorological Office warned of a "significant likelihood of a volcanic eruption in coming days."

Volcanic eruptions are not uncommon in Iceland, which has fewer than 400,000 residents and about 130 volcanoes. Since the 19th century, not a decade has gone by without one, Iceland's tourist website tells interested visitors. The occurrence of eruptions remains "entirely random." The country straddles two tectonic plates, which are themselves divided by an undersea mountain chain that oozes molten hot rock, or magma.

The current seismic activity has not affected one of Iceland's best-known volcanoes, Katla, which some scientists worry is due for an eruption. Katla has erupted five times since 1721, at intervals ranging from 34 to 78 years. The last major one was in 1918.
Last month, Icelandic authorities started building defense walls around the geothermal power plant to protect it from lava flows. "Authorities said they were preparing to construct a large dyke designed to divert lava flows around the Svartsengi geothermal power plant, located just over 6 kilometers (4 miles) from Grindavik," reported Reuters in mid November.

"A spokesperson for HS Orka, operator of the power plant, said it supplies power to the entire country, although a disruption would not affect power supply to Reykjavik."
Firefox

Firefox 121 Now Available With Wayland Enabled By Default 14

Firefox 121 has arrived with Wayland support to be used by default on modern Linux desktops. Phoronix's Michael Larabel writes: Some Linux distributions and package builds have been using the native Wayland path for a while but now it's great to see the upstream builds make this default change as we get ready to embark on the 2024 Linux desktop. With my testing of Firefox 121 on Wayland, it's been working out well. X.Org/X11 support remains in place for those not using a Wayland-based desktop environment.

Firefox 121 also adds Voice Control command support on macOS, adds an option to always force-underline links within websites, Firefox now includes a floating button to help in creation within PDFs, various CSS feature additions, and other developer enhancements. Firefox 121 also now supports tail call elimination in WebAssembly for enhancing support for functional languages.
You can download Firefox 121 via archive.mozilla.org.
Books

Internet Archive: Digital Lending Is Fair Use, Not Copyright Infringement 12

Ernesto Van der Sar reports via TorrentFreak: Internet Archive has filed its opening brief in its appeal of a court ruling which found its digital lending program copyright-infringing. The Archive believes the decision should be reversed on the grounds that its lending activities amount to fair use. Founder Brewster Kahle believes the legal battle is vital for the future of all libraries in the United States and around the world. [ "This lawsuit is about more than the Internet Archive; it is about the role of all libraries in our digital age," says IA founder Brewster Kahle. "This lawsuit is an attack on a well-established practice used by hundreds of libraries to provide public access to their collections. The disastrous lower court decision in this case holds implications far beyond our organization, shaping the future of all libraries in the United States and unfortunately, around the world."]

Whether IA has a fair use defense depends on how the four relevant factors are weighed. According to the lower court, these favor the publishers but the library vehemently disagrees. On the contrary, it believes that its service promotes the creation and sharing of knowledge, which is a core purpose of copyright. "This Court should reverse and hold that IA's controlled digital lending is fair use. This practice, like traditional library lending, furthers copyright's goal of promoting public availability of knowledge without harming authors or publishers," the brief reads. A fair use analysis has to weigh the interests of both sides. The lower court did so, but IA argues that it reached the wrong conclusions, failing to properly account for the "tremendous public benefits" controlled digital lending offers.

One of the key fair use factors at stake is whether IA's lending program affects (i.e., threatens) the traditional ebook lending market. IA uses expert witnesses to argue that there's no financial harm and further argues that its service is substantially different from the ebook licensing market. IA offers access to digital copies of books, which is similar to licensed libraries. However, the non-profit organization argues that its lending program is not a substitute as it offers a fundamentally different service. "For example, libraries cannot use ebook licenses to build permanent collections. But they can use licensing to easily change the selection of ebooks they offer to adapt to changing interests," IA writes.

The licensing models make these libraries more flexible. However, they have to rely on the books offered by commercial aggregators and can't add these digital copies to their archives. "Controlled digital lending, by contrast, allows libraries to lend only books from their own permanent collections. They can preserve and lend older editions, maintaining an accurate historical record of books as they were printed. "They can also provide access that does not depend on what Publishers choose to make available. But libraries must own a copy of each book they lend, so they cannot easily swap one book for another when interest or trends change," IA adds.
A copy of the Internet Archive's opening brief, filed at the Second Circuit Court of Appeals, is available here (pdf)
Google

Google's Stadia Controller Salvage Operation Will Run For Another Year (arstechnica.com) 10

Ron Amadeo reports via Ars Technica: Stadia might be dead, but the controllers for Google's cloud-based gaming platform are still out there. With the service permanently offline, the proprietary Stadia Controller threatened to fill up landfills until Google devised a plan to convert them to generic Bluetooth devices that can work on almost anything. The app to open up the controller to other devices is a web service, which previously had a shutdown date of December 2023. That apparently isn't enough time to convert all these controllers, so the Stadia Controller Salvage operation will run for a whole additional year. X (formerly Twitter) user Wario64 was the first to spot the announcement, which says the online tool will continue running until December 31, 2024.
Crime

Nikola Founder Trevor Milton Sentenced To 4 Years For Securities Fraud (techcrunch.com) 25

An anonymous reader quotes a report from TechCrunch: Trevor Milton, the disgraced founder and former CEO of electric truck startup Nikola, was sentenced Monday to four years in prison for securities fraud. The sentence, by Judge Edgardo Ramos in the U.S. District Court in Manhattan, caps a multi-year saga that at one point sent Nikola stock soaring 83% only to come crashing down months later over accusations of fraud and canceled contracts. The sentencing hearing comes after four separate delays, during which Milton has remained free under a $100 million bond.

In his ruling, Ramos said he would impose a sentence of 48 months on each count, served concurrently, and a fine of $1 million. Milton is expected to appeal the sentence, which Ramos acknowledged. Milton sobbed as he pled with Judge Ramos for leniency in a long and often confusing statement ahead of the sentencing. At one point, Milton said he stepped down from the CEO post at Nikola not because of fraud allegations, but to support his wife. "I stepped down because my wife was suffering live threatening sickness," he said in his statement, which reporter Matthew Russell Lee of Inner City Press shared on social media post X. She suffered medical malpractice, someone else's plasma. So I stepped down for that -- not because I was a fraud. The truth matters. I chose my wife over money or power."

During the sentencing hearing, defense attorneys said that Milton wasn't trying to defraud investors or intending to harm anyone. Instead, they argued he simply wanted to be loved and praised like Elon Musk. Prosecutors pushed back and said he lied repeatedly and targeted retail investors. Federal prosecutors recommended an 11-year sentence, but Milton faced a maximum term of 60 years in prison. The government also sought a $5 million fine, forfeiture of a ranch in Utah and an undetermined amount of restitution to investors. Restitution will be determined after Monday's sentencing hearing.
Timeline of events:

June, 2016: Nikola Motor Receives Over 7,000 Preorders Worth Over $2.3 Billion For Its Electric Truck
December, 2016: Nikola Motor Company Reveals Hydrogen Fuel Cell Truck With Range of 1,200 Miles
February, 2020: Nikola Motors Unveils Hybrid Fuel-Cell Concept Truck With 600-Mile Range
June, 2020: Nikola Founder Exaggerated the Capability of His Debut Truck
September, 2020: Nikola Motors Accused of Massive Fraud, Ocean of Lies
September, 2020: Nikola Admits Prototype Was Rolling Downhill In Promo Video
September, 2020: Nikola Founder Trevor Milton Steps Down as Chairman in Battle With Short Seller
October, 2020: Nikola Stock Falls 14 Percent After CEO Downplays Badger Truck Plans
November, 2020: Nikola Stock Plunges As Company Cancels Badger Pickup Truck
July, 2021: Nikola Founder Trevor Milton Indicted on Three Counts of Fraud
December, 2021: EV Startup Nikola Agrees To $125 Million Settlement
September, 2022: Nikola Founder Lied To Investors About Tech, Prosecutor Says in Fraud Trial
Social Networks

Flipboard Is Pivoting To ActivityPub and the Fediverse (theverge.com) 10

Flipboard, the social media magazine and news app, announced that it is starting to switch its user accounts to ActivityPub, a technology developed by the World Wide Web Consortium that makes social networks interoperable, "connecting everything to a single social graph and content-sharing system," reports The Verge. From the report: Right now, only 25 accounts have been federated with ActivityPub, but by March Flipboard says it plans to allow anyone on the platform to open their account to the fediverse and allow any Flipboard user to follow any fediverse account from within the Flipboard app. At that point, Flipboard will essentially be an ActivityPub-based platform like Mastodon or Pixelfed but with an interface designed for reading articles instead of bite-sized posts. It'll be the biggest thing in the fediverse -- at least until Threads shows up for real.

"Basically, we're in the process of replacing our whole social back-end with ActivityPub," says Flipboard CEO Mike McCue. "I think Flipboard is going to be the first mainstream consumer service that existed in a walled garden that switches over to ActivityPub."

Patents

Apple To Pause Selling New Versions of Its Watch After Losing Patent Dispute (nytimes.com) 20

An anonymous reader quotes a report from the New York Times: Apple said on Monday that it would pause sales of its flagship smartwatches online starting Thursday and at retail locations on Christmas Eve. Two months ago, Apple lost a patent case over the technology its smartwatches use to detect people's pulse rate. The company was ordered to stop selling the Apple Watch Series 9 and Watch Ultra 2 after Christmas, which could set off a run on sales of the watches in the final week of holiday shopping. The move by Apple follows a ruling by the International Trade Commission in October that found several Apple Watches infringe on patents held by Masimo, a medical technology company in Irvine, Calif.

In court, Masimo detailed how Apple poached its top executives and more than a dozen other employees before later releasing a watch with pulse oximeter capabilities -- whichmeasures the percentage of oxygen that red blood cells carry from the lungs to the body -- that were patented by Masimo. To avoid a complete ban on sales, Apple had two months to cut a deal with Masimo to license its technology, or it could appeal to the Biden administration to reverse the ruling. But Joe Kiani, the chief executive of Masimo, said in an interview that Apple had not engaged in licensing negotiations. Instead, he said that Apple had appealed to President Biden to veto the I.T.C. ruling, which Mr. Kiani knows because the administration contacted Masimo about Apple's request. "They're trying to make the agency look like it's helping patent trolls," Mr. Kiani said of the I.T.C.

Mr. Kiani said that he was willing to sell Apple a chip that Masimo had designed to provide pulse oximeter readings on the Apple Watch. The chip is currently in a Masimo medical watch, called the W1, that is approved by the Food and Drug Administration. The device uses algorithms to process red and near-infrared light to determine how oxygen-rich is the blood in arteries. "If they don't want to use our chip, I'll work with them to make their product good," Mr. Kiani said. "Once it's good enough, I'm happy to give them a license." Apple introduced its first watch with pulse oximetry in 2020. It has included the technology, which it calls "blood oxygen," in subsequent models. But unlike Masimo's W1 device, Apple hasn't had its watches cleared by the F.D.A. for use as a medical device for pulse oximetry.
"The Apple Watch accounts for nearly $20 billion of the company's $383.29 billion in annual sales," notes the NYT. The company is the largest smartwatch seller in the world, accounting for about a third of all smartwatch sales.
AI

Expedia Wants To Use AI To Cut Google Out of Its Trip-Planning Business (theverge.com) 9

Travel website Expedia wants to get people to start their travel search on its site with AI instead of using an external search engine. From a report: Expedia already uses AI for some customer service features and to help property owners describe their homes and hotels. The company hopes in the future that AI will help it recommend travel destinations to customers based on previous trips and bring more direct traffic to its site. It's a long-term plan to shift the balance of power on the web -- albeit one that's still in its earliest stages for the company.

Rajesh Naidu, chief architect and head of data management at Expedia, says the goal is to get users started on their trips in one place. Expedia hopes to produce recommendations trained with its library of flight and hotel information and informed by users' travel preferences. "By being able to train large language models on our data, this rich 70 petabytes' worth of data we've gathered over the years, we can eventually recommend places to go and stay and do and continue to refine and personalize that," Naidu tells The Verge in an interview. According to Naidu, when people plan trips, they often start by going to a search engine to look for a destination. Only then do they visit services like Expedia to start booking travel and accommodation. There's nothing inherently wrong with going to Google and typing "best vacation that isn't cold and not that far from New York," but Naidu believes there's value in streamlining the travel planning process even more.

Security

Mr. Cooper Hackers Stole Personal Data on 14 Million Customers (techcrunch.com) 23

Hackers stole the sensitive personal information of more than 14.6 million Mr. Cooper customers, the mortgage and loan giant has confirmed. From a report: In a filing with Maine's attorney general's office, Mr. Cooper said the hackers stole customer names, addresses, dates of birth and phone numbers, as well as customer Social Security numbers and bank account numbers. Mr. Cooper previously said that customer banking information was stored by a third-party company and believed to be unaffected. Mr. Cooper said in a separate filing with federal regulators on Friday that hackers obtained personal data on "substantially all of our current and former customers."

The number of affected victims is significantly higher than the four million existing customers that Mr. Cooper claims on its website, likely because of the historical data that the company stores on mortgage holders. Mr. Cooper said in its data breach notification letter to affected victims that the stolen data includes personal information on those whose mortgage was previously acquired or serviced by the company when it was known as Nationstar Mortgage, prior to its rebranding as Mr. Cooper. The company said affected customers may include those whose mortgages were serviced by a sister brand.

AI

OpenAI Lays Out Plan For Dealing With Dangers of AI (washingtonpost.com) 25

OpenAI, the AI company behind ChatGPT, laid out its plans for staying ahead of what it thinks could be serious dangers of the tech it develops, such as allowing bad actors to learn how to build chemical and biological weapons. From a report: OpenAI's "Preparedness" team, led by MIT AI professor Aleksander Madry, will hire AI researchers, computer scientists, national security experts and policy professionals to monitor its tech, continually test it and warn the company if it believes any of its AI capabilities are becoming dangerous. The team sits between OpenAI's "Safety Systems" team, which works on existing problems like infusing racist biases into AI, and the company's "Superalignment" team, which researches how to make sure AI doesn't harm humans in an imagined future where the tech has outstripped human intelligence completely.

[...] Madry, a veteran AI researcher who directs MIT's Center for Deployable Machine Learning and co-leads the MIT AI Policy Forum, joined OpenAI earlier this year. He was one of a small group of OpenAI leaders who quit when Altman was fired by the company's board in November. Madry returned to the company when Altman was reinstated five days later. OpenAI, which is governed by a nonprofit board whose mission is to advance AI and make it helpful for all humans, is in the midst of selecting new board members after three of the four board members who fired Altman stepped down as part of his return. Despite the leadership "turbulence," Madry said he believes OpenAI's board takes seriously the risks of AI that he is researching. "I realized if I really want to shape how AI is impacting society, why not go to a company that is actually doing it?"

AI

Imran Khan Deploys AI Clone To Campaign From Behind Bars in Pakistan (theguardian.com) 6

AI allowed Pakistan's former prime minister Imran Khan to campaign from behind bars on Monday, with a voice clone of the opposition leader giving an impassioned speech on his behalf. From a report: Khan has been locked up since August and is being tried for leaking classified documents, allegations he says have been trumped up to stop him contesting general elections due in February. His Pakistan Tehreek-e-Insaf (PTI) party used artificial intelligence to make a four-minute message from the 71-year-old, headlining a "virtual rally" hosted on social media overnight on Sunday into Monday despite internet disruptions that monitor NetBlocks said were consistent with previous attempts to censor Khan.

PTI said Khan sent a shorthand script through lawyers that was fleshed out into his rhetorical style. The text was then dubbed into audio using a tool from the AI firm ElevenLabs, which boasts the ability to create a "voice clone" from existing speech samples. "My fellow Pakistanis, I would first like to praise the social media team for this historic attempt," the voice mimicking Khan said. "Maybe you all are wondering how I am doing in jail," the stilted voice adds. "Today, my determination for real freedom is very strong." The audio was broadcast at the end of a five-hour live-stream of speeches by PTI supporters on Facebook, X and YouTube, and was overlaid with historic footage of Khan and still images.

United States

US Lawmakers Warn Biden To Probe EU Targeting of Tech Firms (yahoo.com) 72

A bipartisan group of lawmakers has written to U.S. President Joe Biden, warning European technology regulation are unfairly targeting U.S. companies and not including many Chinese or EU firms, according to a letter seen by Reuters on Monday. From the report: Under the European Union's Digital Markets Act (DMA), five major U.S. tech companies -- Alphabet, Amazon, Apple, Meta and Microsoft -- were designated "gatekeeper" service providers. From March 2024, these companies -- as well as TikTok's Chinese owner ByteDance -- will be required to make their messaging apps work with rivals and let users choose which ones they want pre-installed on their devices.

In a letter seen by Reuters, 21 members of the U.S. House of Representatives warned the new rules could damage American economic and security interests and called on Biden to secure commitments from the EU the rules will be enforced fairly. "Securing our leadership in this sector is imperative for our economy and American workers," the letter said. "The designation of leading U.S. companies as 'gatekeepers' threatens to upend the U.S. economy, diminish our global leadership in the digital sphere, and jeopardize the security of consumers."

The letter questioned why Chinese companies Alibaba, Huawei, and Tencent had avoided designation and why European companies had avoided any scrutiny. "The EU inexplicably failed to designate any European retailers, content-sharing platforms, payment firms, and telcos," it said. Signatories of the letter -- including Representative Lou Correa, a Democrat, and Thomas Massie, a Republican, -- called on Biden to seek assurances from EU lawmakers the DMA will not be unfairly used to target U.S. companies.

Government

Lawmakers Push DOJ To Investigate Apple Following Beeper Shutdowns (theverge.com) 39

Following a tumultuous few weeks for Beeper, which has been trying to provide an iMessage-compatible Android app, a group of US lawmakers are pushing for the DOJ to investigate Apple for "potentially anticompetitive conduct" over its attempts to disable Beeper's services. From a report: Senators Amy Klobuchar (D-MN) and Mike Lee (R-UT) as well as Representatives Jerry Nadler (D-NY) and Ken Buck (R-CO) said in a letter to the DOJ that Beeper's Android messaging app, Beeper Mini, was a threat to Apple's leverage by "creating [a] more competitive mobile applications market, which in turn [creates] a more competitive mobile device market."

In an interview with CBS News on Monday, Beeper CEO Eric Migicovsky and 16-year-old developer James Gill talked about the fight to keep Beeper Mini alive. Migicovsky told CBS News that Beeper is trying to provide a service people want and reiterated his belief that Apple has a monopoly over its iMessage service. The company created Beeper Mini after being contacted by Gill, who said he reverse-engineered the software by "poking at it" using a "real Mac and a real iPhone." [...] The lawmakers' letter also pointed to a Department of Commerce report calling Apple a "gatekeeper," mirroring language used in the EU Digital Markets Act (DMA) that went into force earlier this year, regulating the "core" services of several tech platforms (though, notably, iMessage may not be included in this). They went on to cite Migicovsky's December 2021 Senate Judiciary Committee testimony that "the dominant messaging services would use their position to impose barriers to interoperability" and keep companies like Beeper from offering certain services. "Given Apple's recent actions, that concern appears prescient," they added.

United States

Southwest Will Pay a $140 Million Fine For Its Meltdown During the 2022 Holidays 39

Southwest Airlines is still paying for its meltdown during the 2022 holidays that stranded millions of travelers -- and the tab is growing. From a report: The U.S. Transportation Department has ordered Southwest to pay a $140 million civil penalty, part of a broader consent order after the airline's operational failures a year ago. That penalty is by far the largest the DOT has ever levied for consumer protection violations, according to a statement from the department. "This is not just about Southwest," Transportation Secretary Pete Buttigieg said in an interview with NPR's Morning Edition on Monday. "This is about the entire industry, sending a signal that you should not be cutting corners -- because if you fail your passengers, we will hold you accountable."

A major winter storm last December caused travel disruptions across the country as airlines canceled thousands of flights. But while other airlines recovered relatively quickly, Southwest fell apart. The airline ultimately canceled 16,900 flights, stranding more than 2 million passengers. In a statement, Southwest described the agreement as "a consumer-friendly settlement." The airline says it has taken steps since last year's disruption to improve its operational resiliency and customer care.

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