The Courts

Amazon Sued Over Prime Video Ads (variety.com) 68

Amazon faces a class-action lawsuit accusing the company of false advertising and deceptive practices because Prime Video now serves commercials by default. Variety reports: "For years, people purchased and renewed their Amazon Prime subscriptions believing that they would include ad-free streaming," the lawsuit says. "But last month, Amazon changed the deal. To stream movies and TV shows without ads, Amazon customers must now pay an additional $2.99 per month ... This is not fair, because these subscribers already paid for the ad-free version; these subscribers should not have to pay an additional $2.99/month for something that they already paid for."

The case was filed on behalf of Wilbert Napoleon, a resident of Eastvale, Calif., who says he's a Prime member. "Plaintiff brings this case for himself and for other Amazon Prime customers," the suit said. The complain alleged that Amazon violates Washington State and California state consumer protection laws that prohibit unfair competition and deceptive business acts and practices. Amazon's conduct, as alleged, "was immoral, unethical, oppressive, unscrupulous and substantially injurious to consumers,â according to the lawsuit. The suit seeks unspecific monetary damages, including punitive damages, as well as an injunction to block Amazon's alleged deceptive conduct.

The suit was filed Feb. 9, after Amazon starting on Jan. 29 began running ads in Prime Video content in major markets including the United States unless users opt to pay extra ($2.99/month in the U.S.) to have an ad-free experience. Some analysts have forecast Prime Video ads generating more than $3 billion in revenue in 2024.

Transportation

NYC Wants To Create a First-of-Its Kind Department To Regulate App Based Delivery (fastcompany.com) 38

With the increasing adoption of e-bikes and drones for efficient, eco-friendly delivery services, New York is proposing the Department of Sustainable Delivery to regulate these services, focusing on safety, data sharing, and operational permits to ease congested lanes. Fast Company reports: The first step of the new department will be a task force made up of tech, transportation, labor, and government representatives. There are currently some city regulations around delivery operations, but they're fragmented; the Department of Consumer and Worker Protection, for example, has addressed delivery worker rights (and recently announced a new minimum pay rate for app-based food delivery workers), while the Department of Transportation focuses on commercial delivery, and has taken steps to address delivery cargo bikes. "We don't have a place where every company that wants to dispatch in volume and move freight [and goods] around in the city on a micro level comes through and has to show that they're going to meet certain requirements," [New York City Deputy Mayor of Operations Meera Joshi] says.

Managers of truck delivery fleets often track their driver's performance and behavior with tools like GPS; through the new department, micromobility app companies may be required to share their GPS delivery data with the city. That data might reveal more about how long delivery riders are working, or how heavy cargo bikes' loads are, which could lead to new regulations. Joshi also points to e-bike fires and rising e-bike rider deaths as red flags that signal the need for more oversight and legislation, which could prevent future tragedies. More information about where and when these deliveries are happening could also help the city adapt its infrastructure to this growing market. "As more and more of the city is feeling the effects of the commercialization of bike lanes, we certainly do have to rethink how wide our bike lanes are, what they are there to accommodate, does there need to be some separation between motorized and nonmotorized [bikes]?" Joshi says. "But these things need to be informed." The city is already making some such updates. Last summer, it upgraded a stretch of 10th Avenue to include a 10-foot-wide bike lane, to better allow regular cyclists and delivery e-bikes to coexist

Tech advancements often move faster than the government, resulting in a game of legislative catch up for cities. Joshi says New York City is thinking about micromobility in this way because "we've seen this movie before," referring to tech disruption, "and we'd like a different ending." While Joshi knows that companies may bristle at the increased oversight, she says being proactive about these issues and taking steps to address them will likely help the firms and their public perception long-term. And not addressing micromobility challenges now could also impede larger climate progress. "If we are not able to show that we have a comprehensive framework, show that we're able to manage what we have today and prepare for the unknown, we could have people, saying 'it was better when [delivery] was in trucks,'" Joshi says, "and that would actually be probably the worst thing for the environment."

Power

Could America's Rooftop Solar Industry Be On the Verge of Collapse? (time.com) 158

Long-time Slashdot reader SonicSpike shared this investigation by Time magazine's senior economics correspondent which argues that America's residential solar industry "is floundering." In late 2023 alone, more than 100 residential solar dealers and installers in the U.S. declared bankruptcy, according to Roth Capital Partners — six times the number in the previous three years combined. Roth expects at least 100 more to fail. The two largest companies in the industry, SunRun and Sunnova, both posted big losses in their most recent quarterly reports, and their shares are down 86% and 81% respectively from their peaks in January 2021... At the root of these struggles is the complicated financial engineering that helped companies raise money but that some investors and analysts say was built on a framework of lies — or at least exaggerations. Since at least 2016, big solar companies have used Wall Street money to fund their growth. This financialization raised the consumer cost of the panels and led companies to aggressively pursue sales to make the cost of borrowing Wall Street money worth it. National solar companies essentially became finance companies that happened to sell solar, engaging in calculations that may have been overly optimistic about how much money the solar leases and loans actually bring in.

"I've often heard solar finance and sales compared to the Wild West due to the creativity involved," says Jamie Johnson, the founder of Energy Sense Finance, who has been studying the residential solar industry for a decade. "It's the Silicon Valley mantra of 'break things and let the regulators figure it out.'"

Leasing the panels lets the companies claim green-energy tax credits (which they then sell to companies like Google). And meanwhile, bundles of solar-panel leases become asset-backed securities. By 2017, there were over $1 billion such securities... However, these financial innovations also increased the pressure on companies to grow quickly. Solar companies needed lots of new customers in order to package the loans into asset-backed securities and sell them to investors. Public companies especially faced intense scrutiny from investors who expected double-digit quarterly growth. And with upfront costs no longer a barrier for new customers, solar companies began to see almost every homeowner as a target, and they deployed expensive sales teams to go out and sell as aggressively as they could... Even today, about one-third of the upfront cost of a residential solar system goes to intermediaries like sales and financing people, says Pol Lezcano, an analyst with Bloomberg New Energy Finance. In Germany, where installation is done locally and there are fewer intermediaries, the typical residential system costs about 50% less than it costs in the U.S. "The upfront cost of these systems is stupidly high," says Lezcano, making residential solar not "scalable."

After growing 31% in 2021 and 40% in 2022, residential solar will only grow by 13% in 2023 and then contract 12% in 2024, according to predictions from the research firm Wood Mackenzie... Meanwhile, the pressure for fast sales may have led some companies to look the other way when salespeople obscured the terms of the solar panel leases and loans they were selling in order to close a deal.

One customer complains the solar panel company actually took out a lien on his house without his knowledge, according to the article. He's "one of a growing number of consumers now saying in courts and in arbitration that salesmen from solar-panel and solar-panel-finance companies — including some of the biggest in the U.S., like GoodLeap, Mosaic, Sunnova, and SunRun — tricked them into taking out onerous loans they didn't want — or that someone signed them up for a loan without their knowledge." Even some people who voluntarily signed up for financing products say they were misled about the actual cost of the solar panels. That's because loans from companies like GoodLeap and Mosaic often include an unexplained and significant "dealer fee." For example, a customer buying a $30,000 solar panel system with a low interest rate may not know that price includes a $10,000 loan-dealer fee. In other words, the cost of the panels, had they paid cash, would have been just $20,000; the extra 30% is the price they paid for the low-interest loan, though many consumers allege this was not explained to them...

In some ways, the current situation in the residential solar market is analogous to the subprime lending crisis that set off the Great Recession, though on a smaller scale. Like in the subprime lending crisis, some companies issued loans to people who could not — or would not — pay them. Like in the subprime lending crisis, thousands of these loans — and in solar's case, also leases — were packaged and sold to investors as asset-backed securities with promised rates of return. The Great Recession was driven largely by the fact that people stopped paying their loans, and the asset-backed securities didn't deliver the promised rate of return to investors. Similar cracks may be forming in the solar asset-backed securities market. For instance, the rate of delinquencies of loans in one of Sunnova's asset-backed securities was approaching 5% in the fall of last year, according to an October 2023 report issued by KBRA, a bond ratings agency. Historically, delinquencies in solar asset-backed securities had been around 1%.

The firms that grade these asset-backed securities have long said delinquencies would be low because rooftop-solar customers had high credit scores. The problem is that they appear not to have considered that even customers with good credit scores may not want to pay for solar panels that they were told would be free — or that salesmen could be signing people up without their knowledge.

Besides consumer cases in court, there's the possibility that regulators may act against solar companies that used inflated projections to juice their tax credits. "As early as 2016, a researcher at MIT's Energy Initiative estimated that such companies were overstating this value by as much as 50%." The broad problems facing residential solar and financing companies are already causing some pain in the forms of layoffs — California alone lost 17,000 solar jobs in 2023, according to the California Solar and Storage Association. There are ripple effects in the industry; Enphase Energy, which makes microinverters for solar panels, said in December it was laying off 10% of its workforce amidst softening demand.

It could get a lot worse before it gets better, with not just lost jobs, but near-total collapse of the current system. Some analysts, like Lezcano of Bloomberg New Energy Finance, think that the big, national players are going to have to fall apart for residential solar to become affordable in the U.S., and that in the future, the solar industry in the U.S. will look more like it does in Germany, where installations are done locally and there's fewer door-to-door sales.

"Over the past few years, a handful of people got rich off of Americans who were told they could simultaneously save money and save the planet. For example, Hayes Barnard, GoodLeap's founder and chairman, was named by Forbes as one of the 400 richest people in the world in 2023..."
Cloud

Is Cloud the New Mainframe? (medium.com) 86

Long-time Slashdot reader theodp writes: IBM mainframes were the original onsite private cloud," begins retired software engineer Billy Newport in Is Cloud the New Mainframe? And while there were many things to like about the mainframe (including "crazy high availability numbers which today's cloud vendors can only dream of"), cost was not one of them. "As the application usage grows," Newport explains, "the bill grows and the control of the bill is largely in IBM's hands. You use more, you pay more [...] Unfortunately, while compute is elastic, budgets are not [...] Inevitably, customers try to migrate workloads from the mainframe to 'cheaper' platforms but these projects can be very expensive to do and they do fail more often than people realize."

"Today's Cloud kind of looks exactly the same as the mainframe scenario," Newport warns. "Companies have rushed to get on the cloud with the cool kids. I predict many companies will try to rush to reduce cloud expenditure and will find migrating onsite to be an expensive proposition if it's even possible.

EU

Shameless Insult, Malicious Compliance, Junk Fees, Extortion Regime: Industry Reacts To Apple's Proposed Changes Over Digital Markets Act 255

In response to new EU regulations, Apple on Thursday outlined plans to allow iOS developers to distribute apps outside the App Store starting in March, though developers must still submit apps for Apple's review and pay commissions. Now critics say the changes don't go far enough and Apple retains too much control.

Epic Games CEO Tim Sweeney: They are forcing developers to choose between App Store exclusivity and the store terms, which will be illegal under DMA (Digital Markets Act), or accept a new also-illegal anticompetitive scheme rife with new Junk Fees on downloads and new Apple taxes on payments they don't process. 37signals's David Heinemeier Hansson, who is also the creator of Ruby on Rails: Let's start with the extortion regime that'll befell any large developer who might be tempted to try hosting their app in one of these new alternative app stores that the EU forced Apple to allow. And let's take Meta as a good example. Their Instagram app alone is used by over 300 million people in Europe. Let's just say for easy math there's 250 million of those in the EU. In order to distribute Instagram on, say, a new Microsoft iOS App Store, Meta would have to pay Apple $11,277,174 PER MONTH(!!!) as a "Core Technology Fee." That's $135 MILLION DOLLARS per year. Just for the privilege of putting Instagram into a competing store. No fee if they stay in Apple's App Store exclusively.

Holy shakedown, batman! That might be the most blatant extortion attempt ever committed to public policy by any technology company ever. And Meta has many successful apps! WhatsApp is even more popular in Europe than Instagram, so that's another $135M+/year. Then they gotta pay for the Facebook app too. There's the Messenger app. You add a hundred million here and a hundred million there, and suddenly you're talking about real money! Even for a big corporation like Meta, it would be an insane expense to offer all their apps in these new alternative app stores.

Which, of course, is the entire point. Apple doesn't want Meta, or anyone, to actually use these alternative app stores. They want everything to stay exactly as it is, so they can continue with the rake undisturbed. This poison pill is therefore explicitly designed to ensure that no second-party app store ever takes off. Without any of the big apps, there will be no draw, and there'll be no stores. All of the EU's efforts to create competition in the digital markets will be for nothing. And Apple gets to send a clear signal: If you interrupt our tool-booth operation, we'll make you regret it, and we'll make you pay. Don't resist, just let it be. Let's hope the EU doesn't just let it be.
Coalition of App Fairness, an industry body that represents over 70 firms including Tinder, Spotify, Proton, Tile, and News Media Europe: "Apple clearly has no intention to comply with the DMA. Apple is introducing new fees on direct downloads and payments they do nothing to process, which violates the law. This plan does not achieve the DMA's goal to increase competition and fairness in the digital market -- it is not fair, reasonable, nor non-discriminatory," said Rick VanMeter, Executive Director of the Coalition for App Fairness.

"Apple's proposal forces developers to choose between two anticompetitive and illegal options. Either stick with the terrible status quo or opt into a new convoluted set of terms that are bad for developers and consumers alike. This is yet another attempt to circumvent regulation, the likes of which we've seen in the United States, the Netherlands and South Korea. Apple's 'plan' is a shameless insult to the European Commission and the millions of European consumers they represent -- it must not stand and should be rejected by the Commission."
Security

How a Data Breach of 1M Cancer Center Patients Led to Extorting Emails (seattletimes.com) 37

The Seattle Times reports: Concerns have grown in recent weeks about data privacy and the ongoing impacts of a recent Fred Hutchinson Cancer Center cyberattack that leaked personal information of about 1 million patients last November. Since the breach, which hit the South Lake Union cancer research center's clinical network and has led to a host of email threats from hackers and lawsuits against Fred Hutch, menacing messages from perpetrators have escalated.

Some patients have started to receive "swatting" threats, in addition to spam emails warning people that unless they pay a fee, their names, Social Security and phone numbers, medical history, lab results and insurance history will be sold to data brokers and on black markets. Steve Bernd, a spokesperson for FBI Seattle, said last week there's been no indication of any criminal swatting events... Other patients have been inundated with spam emails since the breach...

According to The New York Times, large data breaches like this are becoming more common. In the first 10 months of 2023, more than 88 million individuals had their medical data exposed, according to the Department of Health and Human Services. Meanwhile, the number of reported ransomware incidents, when a specific malware blocks a victim's personal data until a ransom is paid, has decreased in recent years — from 516 in 2021 to 423 in 2023, according to Bernd of FBI Seattle. In Washington, the number dropped from 84 to 54 in the past three years, according to FBI data.

Fred Hutchinson Cancer Center believes their breach was perpetrated outside the U.S. by exploiting the "Citrix Bleed" vulnerability (which federal cybersecurity officials warn can allow the bypassing of passwords and mutifactor authentication measures).

The article adds that in late November, the Department of Health and Human Services' Health Sector Cybersecurity Coordination Center "urged hospitals and other organizations that used Citrix to take immediate action to patch network systems in order to protect against potentially significant ransomware threats."
Youtube

YouTube Begins New Wave of Slowdowns For Users With Ad Blockers Enabled (9to5google.com) 307

An anonymous reader quotes a report from 9to5Google: YouTube recently started slowing down its entire site whenever ad blockers are used. A new wave of slowdowns is hitting users, with the only resolutions being disabling the ad blocker or upgrading to premium. To combat the increasing frequency of ads on YouTube, people have employed the use of ad blockers for years. According to YouTube, that method of avoiding ads is deemed a violation of the terms of service. Of course, pre-video ads are a huge source of income for the service, and the only way to avoid them without the use of a third-party application is to pay YouTube directly for premium.

YouTube has since started discouraging the use of ad blockers in a couple of ways. The first is with a pop-up message that reads, "Ad blockers violate YouTube's Term of Service." The message then suggests you turn off your ad blocker. The user is not allowed to continue watching without doing so. The second method is one that's now starting to roll out to more users. YouTube has recently started slowing the entire site when an ad blocker is being used, referring to it as "suboptimal viewing." According to a post on Reddit, multiple users have noted that YouTube has become laggy and unresponsive, seemingly all of a sudden. It was quickly discovered that disabling whichever ad blocker is being used immediately revitalizes the site.

Businesses

Self-Checkout Hasn't Delivered (bbc.com) 316

quonset writes: When self-checkout at stores was rolled out, many people, including on /., cheered. No longer would they have to wait behind the senior citizen who couldn't remember the PIN for their debit card. No longer would they have to wait in long lines trying to ignore the idle chitchat from fellow shoppers. From now on it would be a breeze to get in and get out without human interaction. Except that hasn't happened.

For shoppers, self-checkout was supposed to provide convenience and speed. Retailers hoped it would usher in a new age of cost savings. Their thinking: why pay six employees when you could pay one to oversee customers at self-service registers, as they do their own labour of scanning and bagging for free? While self-checkout technology has its theoretical selling points for both consumers and businesses, it mostly isn't living up to expectations. Customers are still queueing. They need store employees to help clear kiosk errors or check their identifications for age-restricted items. Stores still need to have workers on-hand to help them, and to service the machines.

The technology is, in some cases, more trouble than it's worth.

"It hasn't delivered anything that it promises," says Christopher Andrews, associate professor and chair of sociology at Drew University, US, and author of The Overworked Consumer: Self-Checkouts, Supermarkets, and the Do-It-Yourself Economy. "Stores saw this as the next frontier If they could get the consumer to think that [self-checkout] was a preferable way to shop, then they could cut labour costs. But they're finding that people need help doing it, or that they'll steal stuff. They ended up realising that they're not saving money, they're losing money."

AI

Can The AI Industry Continue To Avoid Paying for the Content They're Using? (yahoo.com) 196

Last year Marc Andreessen's firm "argued that AI companies would go broke if they had to pay copyright royalties or licensing fees," notes a Los Angeles Times technology columnist.

But are these powerful companies doing even more to ensure they're not billed for their training data? Just this week, British media outlets reported that OpenAI has made the same case, seeking an exemption from copyright rules in England, claiming that the company simply couldn't operate without ingesting copyrighted materials.... The AI companies also argue what they're doing falls under the legal doctrine of fair use — probably the strongest argument they've got — because it's transformative. This argument helped Google win in court against the big book publishers when it was copying books into its massive Google Books database, and defeat claims that YouTube was profiting by allowing users to host and promulgate unlicensed material. Next, the AI companies argue that copyright-violating outputs like those uncovered by AI expert Gary Marcus, film industry veteran Reid Southern and the New York Times are rare or are bugs that are going to be patched.
But finally, William Fitzgerald, a partner at the Worker Agency and former member of the public policy team at Google, predicts Google will try to line up supportive groups to tell lawmakers artists support AI: Fitzgerald also sees Google's fingerprints on Creative Commons' embrace of the argument that AI art is fair use, as Google is a major funder of the organization. "It's worrisome to see Google deploy the same lobbying tactics they've developed over the years to ensure workers don't get paid fairly for their labor," Fitzgerald said. And OpenAI is close behind. It is not only taking a similar approach to heading off copyright complaints as Google, but it's also hiring the same people: It hired Fred Von Lohmann, Google's former director of copyright policy, as its top copyright lawyer....

[Marcus says] "There's an obvious alternative here — OpenAI's saying that we need all this or we can't build AI — but they could pay for it!" We want a world with artists and with writers, after all, he adds, one that rewards artistic work — not one where all the money goes to the top because a handful of tech companies won a digital land grab. "It's up to workers everywhere to see this for what it is, get organized, educate lawmakers and fight to get paid fairly for their labor," Fitzgerald says.

"Because if they don't, Google and OpenAI will continue to profit from other people's labor and content for a long time to come."

The Courts

eBay To Pay $3 Million Penalty For Employees Sending Live Cockroaches, Fetal Pig To Bloggers (cbsnews.com) 43

E-commerce giant eBay agreed to pay a $3 million penalty for the harassment and stalking of a Massachusetts couple by several of its employees. "The couple, Ina and David Steiner, had been subjected to threats and bizarre deliveries, including live spiders, cockroaches, a funeral wreath and a bloody pig mask in August 2019," reports CBS News. From the report: Thursday's fine comes after several eBay employees ran a harassment and intimidation campaign against the Steiners, who publish a news website focusing on players in the e-commerce industry. "eBay engaged in absolutely horrific, criminal conduct. The company's employees and contractors involved in this campaign put the victims through pure hell, in a petrifying campaign aimed at silencing their reporting and protecting the eBay brand," Levy said. "We left no stone unturned in our mission to hold accountable every individual who turned the victims' world upside-down through a never-ending nightmare of menacing and criminal acts."

The Justice Department criminally charged eBay with two counts of stalking through interstate travel, two counts of stalking through electronic communications services, one count of witness tampering and one count of obstruction of justice. The company agreed to pay $3 million as part of a deferred prosecution agreement. Under the agreement, eBay will be required to retain an independent corporate compliance monitor for three years, officials said, to "ensure that eBay's senior leadership sets a tone that makes compliance with the law paramount, implements safeguards to prevent future criminal activity, and makes clear to every eBay employee that the idea of terrorizing innocent people and obstructing investigations will not be tolerated," Levy said.

Former U.S. Attorney Andrew Lelling said the plan to target the Steiners, which he described as a "campaign of terror," was hatched in April 2019 at eBay. Devin Wenig, eBay's CEO at the time, shared a link to a post Ina Steiner had written about his annual pay. The company's chief communications officer, Steve Wymer, responded: "We are going to crush this lady." About a month later, Wenig texted: "Take her down." Prosecutors said Wymer later texted eBay security director Jim Baugh. "I want to see ashes. As long as it takes. Whatever it takes," Wymer wrote. Investigators said Baugh set up a meeting with security staff and dispatched a team to Boston, about 20 miles from where the Steiners live. "Senior executives at eBay were frustrated with the newsletter's tone and content, and with the comments posted beneath the newsletter's articles," the Department of Justice wrote in its Thursday announcement.
Two former eBay security executives were sentenced to prison over the incident.
Mozilla

What's Next for Mozilla - and for Open Source AI? (techcrunch.com) 33

"For the last few years, Mozilla has started to look beyond Firefox," writes TechCrunch, citing startup investments like Mastodon's client Mammoth and the Fakespot browser extension that helps identify fake reviews. But Mozilla has also launched Mozilla.ai (added a bunch of new AI-focused members to its board).

In an interview with TechCrunch, Mozilla's president and executive director Mark Surman clarifies their plans, saying that Mozilla.ai "had a broad mandate around finding open source, trustworthy AI opportunities and build a business around them." "Quickly, Moez [Draief], who runs it, made it about how do we leverage the growing snowball of open source large language models and find a way to both accelerate that snowball but also make sure it rolls in a direction that matches our goals and matches our wallet belt...." Right now, Surman argued, it remains hard to for most developers — and even more so for most consumers — to run their own models, even as more open source models seemingly launch every day. "What Mozilla.ai is focused on really is almost building a wrapper that you can put around any open source large language model to fine-tune it, to build data pipelines for it, to make it highly performant."
While much work is in stealth mode, TechCrunch predicts "we'll hear quite a bit more in the coming months." Meanwhile, the open source and AI communities are still figuring out what exactly open source AI is going to look like. Surman believes that no matter the details of that, though, the overall principles of transparency and freedom to study the code, modify it and redistribute it will remain key... "We probably lean towards that everything should be open source — at least in a spiritual sense. The licenses aren't perfect and we are going to do a bunch of work in the first half of next year with some of the other open source projects around clarifying some of those definitions and giving people some mental models...."

With a small group of very well-funded players currently dominating the AI market, he believes that the various open source groups will need to band together to collectively create alternatives. He likened it to the early era of open source — and especially the Linux movement — which aimed to create an alternative to Microsoft...

Surman seems to be optimistic about Mozilla's positioning in this new era of AI, though, and its ability to both use it to further its mission and create a sustainable business model around it. "All this that we are going to do is in the kind of service of our mission. And some of that, I think, will just have to be purely a public good," he said. "And you can pay for public goods in different kinds of way, from our own resources, from philanthropy, from people pooling resources. [...] It's a kind of a business model but it's not commercial, per se. And then, the stuff we're building around communal AI hopefully has a real enterprise value if we can help people take advantage of open source large language models, effectively and quickly, in a way that is valuable to them and is cheaper than using open AI. That's our hope."

And what about Firefox? "I think you'll see the browser evolve," says Mozilla's president. "In our case, that's to be more protective of you and more helpful to you.

"I think it's more that you use the predictive and synthesizing capabilities of those tools to make it easier and safer to move through the internet."
Government

US Moves Closer To Filing Sweeping Antitrust Case Against Apple (nytimes.com) 119

An anonymous reader quotes a report from the New York Times: The Justice Department is in the late stages of an investigation into Apple and could file a sweeping antitrust case taking aim at the company's strategies to protect the dominance of the iPhone as soon as the first half of this year, said three people with knowledge of the matter. The agency is focused on how Apple has used its control over its hardware and software to make it more difficult for consumers to ditch the company's devices, as well as for rivals to compete, said the people, who spoke anonymously because the investigation was active. Specifically, investigators have examined how the Apple Watch works better with the iPhone than with other brands, as well as how Apple locks competitors out of its iMessage service. They have also scrutinized Apple's payments system for the iPhone, which blocks other financial firms from offering similar services, these people said.

The Justice Department is closing in on what would be the most consequential federal antitrust lawsuit challenging Apple, which is the most valuable tech company in the world. If the lawsuit is filed, American regulators will have sued four of the biggest tech companies for monopolistic business practices in less than five years. The Justice Department is currently facing off against Google in two antitrust cases, focused on its search and ad tech businesses, while the Federal Trade Commission has sued Amazon and Meta for stifling competition. The Apple suit would likely be even more expansive than previous challenges to the company, attacking its powerful business model that draws together the iPhone with devices like the Apple Watch and services like Apple Pay to attract and keep consumers loyal to its products. Rivals have said that they have been denied access to key Apple features, like the Siri virtual assistant, prompting them to argue the practices are anticompetitive.

Crime

Mexican Cartel Provided Wi-Fi To Locals - With Threat of Death If They Didn't Use It (theguardian.com) 97

A cartel in the embattled central Mexico state of Michoacan set up its own makeshift internet antennas and told locals they had to pay to use its wifi service or they would be killed, according to prosecutors. New submitter awwshit shares a story: Dubbed "narco-antennas" by local media, the cartel's system involved internet antennas set up in various towns built with stolen equipment. The group charged approximately 5,000 people elevated prices between 400 and 500 pesos ($25 and $30) a month, the Michoacan state prosecutor's office told the Associated Press. That meant the group could rake in about $150,000 a month. People were terrorized "to contract the internet services at excessive costs, under the claim that they would be killed if they did not," prosecutors said, though they did not report any such deaths. Local media identified the criminal group as a faction known as Los Viagras. Prosecutors declined to say which cartel was involved because the case was still under investigation, but they confirmed Los Viagras dominates the towns forced to make the wifi payments.
AI

Will AI Just Waste Everyone's Time? (newrepublic.com) 167

"The events of 2023 showed that A.I. doesn't need to be that good in order to do damage," argues novelist Lincoln Michel in the New Republic: This March, news broke that the latest artificial intelligence models could pass the LSAT, SAT, and AP exams. It sparked another round of A.I. panic. The machines, it seemed, were already at peak human ability. Around that time, I conducted my own, more modest test. I asked a couple of A.I. programs to "write a six-word story about baby shoes," riffing on the famous (if apocryphal) Hemingway story. They failed but not in the way I expected. Bard gave me five words, and ChatGPT produced eight. I tried again, specifying "exactly six words," and received eight and then four words. What did it mean that A.I. could best top-tier lawyers yet fail preschool math?

A year since the launch of ChatGPT, I wonder if the answer isn't just what it seems: A.I. is simultaneously impressive and pretty dumb. Maybe not as dumb as the NFT apes or Zuckerberg's Metaverse cubicle simulator, which Silicon Valley also promised would revolutionize all aspects of life. But at least half-dumb. One day A.I. passes the bar exam, and the next, lawyers are being fined for citing A.I.-invented laws. One second it's "the end of writing," the next it's recommending recipes for "mosquito-repellant roast potatoes." At best, A.I. is a mixed bag. (Since "artificial intelligence" is an intentionally vague term, I should specify I'm discussing "generative A.I." programs like ChatGPT and MidJourney that create text, images, and audio. Credit where credit is due: Branding unthinking, error-prone algorithms as "artificial intelligence" was a brilliant marketing coup)....

The legal questions will be settled in court, and the discourse tends to get bogged down in semantic debates about "plagiarism" and "originality," but the essential truth of A.I. is clear: The largest corporations on earth ripped off generations of artists without permission or compensation to produce programs meant to rip us off even more. I believe A.I. defenders know this is unethical, which is why they distract us with fan fiction about the future. If A.I. is the key to a gleaming utopia or else robot-induced extinction, what does it matter if a few poets and painters got bilked along the way? It's possible a souped-up Microsoft Clippy will morph into SkyNet in a couple of years. It's also possible the technology plateaus, like how self-driving cars are perpetually a few years away from taking over our roads. Even if the technology advances, A.I. costs lots of money, and once investors stop subsidizing its use, A.I. — or at least quality A.I. — may prove cost-prohibitive for most tasks....

A year into ChatGPT, I'm less concerned A.I. will replace human artists anytime soon. Some enjoy using A.I. themselves, but I'm not sure many want to consume (much less pay for) A.I. "art" generated by others. The much-hyped A.I.-authored books have been flops, and few readers are flocking to websites that pivoted to A.I. Last month, Sports Illustrated was so embarrassed by a report they published A.I. articles that they apologized and promised to investigate. Say what you want about NFTs, but at least people were willing to pay for them.

"A.I. can write book reviews no one reads of A.I. novels no one buys, generate playlists no one listens to of A.I. songs no one hears, and create A.I. images no one looks at for websites no one visits.

"This seems to be the future A.I. promises. Endless content generated by robots, enjoyed by no one, clogging up everything, and wasting everyone's time."
Stats

The Wealthiest Californians are Leaving the State, Hurting the Economy, Statistics Confirm 221

"For several years, thousands more high-earning, well-educated workers have left California than have moved in," reports the Los Angeles Times: Even though California has experienced lopsided out-migration for decades, the financial blow has been cushioned by the kinds of people moving into the state: The newcomers were generally better educated and earned more money than those who left. Not now: That long-standing trend has reversed...

The reversal, largely in response to the state's high taxes and soaring cost of living, has begun to damage California's overall economy. And, by cutting into tax revenues, has delivered punishing blows to state and local governments. State budget analysts recently projected a record $68 billion deficit in the next fiscal year because of a 25% drop in personal income tax collection in 2023. Some city, county and other local taxing authorities, particularly in the San Francisco Bay Area, have also recorded revenue declines. With investors and high-income taxpayers receiving substantial compensation in the form of stocks, last year's sluggish stock market accounted for a major share of the decline in state income tax revenues. So did layoffs and financial weakness in the tech sector. But rising unemployment in the state and the growing flight of professionals, business operators and others making good salaries were also notable contributors. And those factors will be harder to reverse, at least in the foreseeable future.

"There's a price to pay for the movement of middle- and upper-income people and corporations," said Joel Kotkin, a fellow at Chapman University who has researched the flight from California and the resulting threat to the state's fiscal outlook. "People who are leaving are taking their tax dollars with them."

The accelerating exodus from California in recent years, of both companies and people, has been well documented. The pandemic-induced rise in remote work, inflated housing prices and changing social conditions have spurred more Californians to pull up stakes... Moody's Analytics economist Mark Zandi analyzed moves in and out of California for The Times using Equifax credit data, to zero in on the age of the movers. He found that since the pandemic in early 2020, California has lost residents in every age group, but by a significant margin the biggest net out-migration came from those 35 to 44 years old. "This is probably motivated by the severe housing affordability crisis in California," Zandi said. "It's all but impossible for them to become homeowners in the state."

Eric McGhee, a senior fellow at the Public Policy Institute of California, who has written about demographic trends in migration, thinks the increased loss of higher-educated Californians to other states in recent years can be traced in significant part to the rise of remote work since the pandemic. As more employers call workers back to the office, and the share of fully remote work appears to have settled at around 10% of all employees, McGhee expects the net out-migration from California to slow...

Even if the outflow of residents reverts to pre-pandemic levels, the broader economic climate doesn't bode well for the state's budget and economic outlook, at least in the immediate future. The U.S. economy is slowing, and California's economy is decelerating faster than the nation's, with the state's unemployment rate, most recently at 4.8%, already a full point higher than nationwide.

The article clarifies that "it's not just the sheer numbers of people who have left. What's different is that in each of the prior two years, more than 250,000 Californians with at least a bachelor's degree moved out, while an average of 175,000 college graduates from other states settled in California, according to an analysis of census data by William Frey, a demographer at the Brookings Institution. In prior periods over the last two decades, that balance was about even or slightly in California's favor."

And besides billionaires, "There's been a broader exodus of ordinary Californians in the upper-income spectrum as well. In the tax filing years 2020 and 2021, the average gross income of taxpayers who had moved from California to another state was about $137,000. That was up from $75,000 in 2015 and 2016, according to migration and personal income data from the Internal Revenue Service."
The Courts

Clowns Sue Clowns.com For Wage Theft (404media.co) 42

An anonymous reader quotes a report from 404 Media: A group of clowns is suing their former employer Clowns.com for multiple labor law violations, according to recently filed court records. Four people -- Brayan Angulo, Cameron Pille, Janina Salorio, and Xander Black -- filed a federal lawsuit on Wednesday alleging Adolph Rodriguez and Erica Barbuto, owners of Clowns.com and their former bosses, misclassified them as independent workers for years, and failed to pay them for their time. The Long Island-based company, which provides entertainers for events, violated the Fair Labor Standards Act and the New York Labor Law, the lawsuit claims.

The owners of Clowns.com didn't give employees detailed pay statements as required by New York law, the lawsuit alleges. "As a result, Plaintiffs did not know how precisely their weekly pay was being calculated, and were thus deprived of information that could be used to challenge and prevent the theft of their wages," it says. The clowns weren't paid for time "spent at the warehouse gathering and loading equipment and supplies into vehicles," or for travel time between parties, or when parties went on for longer than expected, they claim.
Pille said she's "proud to join with my clown colleagues" to stand up to wage theft and misclassification. "For years, Clowns.com has treated clowns, who are largely young actors with no prior training in clowning who sign up for this job to make ends meet, as independent contractors."
Transportation

US Engine Maker Will Pay $1.6 Billion To Settle Claims of Emissions Cheating (nytimes.com) 100

An anonymous reader quotes a report from the New York Times: The United States and the state of California have reached an agreement in principle with the truck engine manufacturer Cummins on a $1.6 billion penalty to settle claims that the company violated the Clean Air Act by installing devices to defeat emissions controls on hundreds of thousands of engines, the Justice Department announced on Friday. The penalty would be the largest ever under the Clean Air Act and the second largest ever environmental penalty in the United States. Defeat devices are parts or software that bypass, defeat or render inoperative emissions controls like pollution sensors and onboard computers. They allow vehicles to pass emissions inspections while still emitting high levels of smog-causing pollutants such as nitrogen oxide, which is linked to asthma and other respiratory illnesses.

The Justice Department has accused the company of installing defeat devices on 630,000 model year 2013 to 2019 RAM 2500 and 3500 pickup truck engines. The company is also alleged to have secretly installed auxiliary emission control devices on 330,000 model year 2019 to 2023 RAM 2500 and 3500 pickup truck engines. "Violations of our environmental laws have a tangible impact. They inflict real harm on people in communities across the country," Attorney General Merrick Garland said in a statement. "This historic agreement should make clear that the Justice Department will be aggressive in its efforts to hold accountable those who seek to profit at the expense of people's health and safety."

In a statement, Cummins said that it had "seen no evidence that anyone acted in bad faith and does not admit wrongdoing." The company said it has "cooperated fully with the relevant regulators, already addressed many of the issues involved, and looks forward to obtaining certainty as it concludes this lengthy matter. Cummins conducted an extensive internal review and worked collaboratively with the regulators for more than four years." Stellantis, the company that makes the trucks, has already recalled the model year 2019 trucks and has initiated a recall of the model year 2013 to 2018 trucks. The software in those trucks will be recalibrated to ensure that they are fully compliant with federal emissions law, said Jon Mills, a spokesman for Cummins. Mr. Mills said that "next steps are unclear" on the model year 2020 through 2023, but that the company "continues to work collaboratively with regulators" to resolve the issue. The Justice Department partnered with the Environmental Protection Agency in its investigation of the case.

Open Source

What Comes After Open Source? Bruce Perens Is Working On It (theregister.com) 89

An anonymous reader quotes a report from The Register: Bruce Perens, one of the founders of the Open Source movement, is ready for what comes next: the Post-Open Source movement. "I've written papers about it, and I've tried to put together a prototype license," Perens explains in an interview with The Register. "Obviously, I need help from a lawyer. And then the next step is to go for grant money." Perens says there are several pressing problems that the open source community needs to address. "First of all, our licenses aren't working anymore," he said. "We've had enough time that businesses have found all of the loopholes and thus we need to do something new. The GPL is not acting the way the GPL should have done when one-third of all paid-for Linux systems are sold with a GPL circumvention. That's RHEL." RHEL stands for Red Hat Enterprise Linux, which in June, under IBM's ownership, stopped making its source code available as required under the GPL. Perens recently returned from a trip to China, where he was the keynote speaker at the Bench 2023 conference. In anticipation of his conversation with El Reg, he wrote up some thoughts on his visit and on the state of the open source software community. One of the matters that came to mind was Red Hat.

"They aren't really Red Hat any longer, they're IBM," Perens writes in the note he shared with The Register. "And of course they stopped distributing CentOS, and for a long time they've done something that I feel violates the GPL, and my defamation case was about another company doing the exact same thing: They tell you that if you are a RHEL customer, you can't disclose the GPL source for security patches that RHEL makes, because they won't allow you to be a customer any longer. IBM employees assert that they are still feeding patches to the upstream open source project, but of course they aren't required to do so. This has gone on for a long time, and only the fact that Red Hat made a public distribution of CentOS (essentially an unbranded version of RHEL) made it tolerable. Now IBM isn't doing that any longer. So I feel that IBM has gotten everything it wants from the open source developer community now, and we've received something of a middle finger from them. Obviously CentOS was important to companies as well, and they are running for the wings in adopting Rocky Linux. I could wish they went to a Debian derivative, but OK. But we have a number of straws on the Open Source camel's back. Will one break it?"

Another straw burdening the Open Source camel, Perens writes, "is that Open Source has completely failed to serve the common person. For the most part, if they use us at all they do so through a proprietary software company's systems, like Apple iOS or Google Android, both of which use Open Source for infrastructure but the apps are mostly proprietary. The common person doesn't know about Open Source, they don't know about the freedoms we promote which are increasingly in their interest. Indeed, Open Source is used today to surveil and even oppress them." Free Software, Perens explains, is now 50 years old and the first announcement of Open Source occurred 30 years ago. "Isn't it time for us to take a look at what we've been doing, and see if we can do better? Well, yes, but we need to preserve Open Source at the same time. Open Source will continue to exist and provide the same rules and paradigm, and the thing that comes after Open Source should be called something else and should never try to pass itself off as Open Source. So far, I call it Post-Open." Post-Open, as he describes it, is a bit more involved than Open Source. It would define the corporate relationship with developers to ensure companies paid a fair amount for the benefits they receive. It would remain free for individuals and non-profit, and would entail just one license. He imagines a simple yearly compliance process that gets companies all the rights they need to use Post-Open software. And they'd fund developers who would be encouraged to write software that's usable by the common person, as opposed to technical experts.

Pointing to popular applications from Apple, Google, and Microsoft, Perens says: "A lot of the software is oriented toward the customer being the product -- they're certainly surveilled a great deal, and in some cases are actually abused. So it's a good time for open source to actually do stuff for normal people." The reason that doesn't often happen today, says Perens, is that open source developers tend to write code for themselves and those who are similarly adept with technology. The way to avoid that, he argues, is to pay developers, so they have support to take the time to make user-friendly applications. Companies, he suggests, would foot the bill, which could be apportioned to contributing developers using the sort of software that instruments GitHub and shows who contributes what to which products. Merico, he says, is a company that provides such software. Perens acknowledges that a lot of stumbling blocks need to be overcome, like finding an acceptable entity to handle the measurements and distribution of funds. What's more, the financial arrangements have to appeal to enough developers. "And all of this has to be transparent and adjustable enough that it doesn't fork 100 different ways," he muses. "So, you know, that's one of my big questions. Can this really happen?"
Perens believes that the General Public License (GPL) is insufficient for today's needs and advocates for enforceable contract terms. He also criticizes non-Open Source licenses, particularly the Commons Clause, for misrepresenting and abusing the open-source brand.

As for AI, Perens views it as inherently plagiaristic and raises ethical concerns about compensating original content creators. He also weighs in on U.S.-China relations, calling for a more civil and cooperative approach to sharing technology.

You can read the full, wide-ranging interview here.
AI

'What Kind of Bubble Is AI?' (locusmag.com) 100

"Of course AI is a bubble," argues tech activist/blogger/science fiction author Cory Doctorow.

The real question is what happens when it bursts?

Doctorow examines history — the "irrational exuberance" of the dotcom bubble, 2008's financial derivatives, NFTs, and even cryptocurrency. ("A few programmers were trained in Rust... but otherwise, the residue from crypto is a lot of bad digital art and worse Austrian economics.") So would an AI bubble leave anything useful behind? The largest of these models are incredibly expensive. They're expensive to make, with billions spent acquiring training data, labelling it, and running it through massive computing arrays to turn it into models. Even more important, these models are expensive to run.... Do the potential paying customers for these large models add up to enough money to keep the servers on? That's the 13 trillion dollar question, and the answer is the difference between WorldCom and Enron, or dotcoms and cryptocurrency. Though I don't have a certain answer to this question, I am skeptical.

AI decision support is potentially valuable to practitioners. Accountants might value an AI tool's ability to draft a tax return. Radiologists might value the AI's guess about whether an X-ray suggests a cancerous mass. But with AIs' tendency to "hallucinate" and confabulate, there's an increasing recognition that these AI judgments require a "human in the loop" to carefully review their judgments... There just aren't that many customers for a product that makes their own high-stakes projects betÂter, but more expensive. There are many low-stakes applications — say, selling kids access to a cheap subscription that generates pictures of their RPG characters in action — but they don't pay much. The universe of low-stakes, high-dollar applications for AI is so small that I can't think of anything that belongs in it.

There are some promising avenues, like "federated learning," that hypothetically combine a lot of commodity consumer hardware to replicate some of the features of those big, capital-intensive models from the bubble's beneficiaries. It may be that — as with the interregnum after the dotcom bust — AI practitioners will use their all-expenses-paid education in PyTorch and TensorFlow (AI's answer to Perl and Python) to push the limits on federated learning and small-scale AI models to new places, driven by playfulness, scientific curiosity, and a desire to solve real problems. There will also be a lot more people who understand statistical analysis at scale and how to wrangle large amounts of data. There will be a lot of people who know PyTorch and TensorFlow, too — both of these are "open source" projects, but are effectively controlled by Meta and Google, respectively. Perhaps they'll be wrestled away from their corporate owners, forked and made more broadly applicable, after those corporate behemoths move on from their money-losing Big AI bets.

Our policymakers are putting a lot of energy into thinking about what they'll do if the AI bubble doesn't pop — wrangling about "AI ethics" and "AI safety." But — as with all the previous tech bubbles — very few people are talking about what we'll be able to salvage when the bubble is over.

Thanks to long-time Slashdot reader mspohr for sharing the article.
Social Networks

As Reddit CEO Defends Their Controversial API Decision, It Dominates Reddit's Own 'Recaps' (fastcompany.com) 52

"Reddit CEO Steve Huffman says that he stands by the company's decision to charge for API access," writes the blog 9to5Mac, "despite the fact that it was massively unpopular, and led to the demise of the leading Reddit app, Apollo." In an interview with FastCo, Huffman is unrepentant about the API decision, but says it could have been better communicated... "[H]e defended the company's decision to limit free access to its API as a necessary measure to foil AI-training freeloaders. 'Reddit is an open platform, and we love that,' he told me. 'At the same time, we have been taken advantage of by some of the largest companies in the world.'"
The incident ended up reappearing in Reddit's own "recap" pages showing highlights from its popular subreddits. For its Technology subreddit, the official recap shows that two most popular posts were "Apollo for Reddit is shutting down" and "Reddit sparks outrage after a popular app developer said it wants him to pay $20 million a year for data access."

And Reddit's official recap also shows that discussion leading to the second-most popular comment of the entire year for the subreddit. "Users supply all the content, and reddit turns around with this huge fuck you to its users, without whom it's just another crappy link aggregator. No, reddit, fuck you and your money grab."

The first most-popular comment appeared in a related discussion, headlined "Reddit Threatens to Remove Moderators From Subreddits Continuing Apollo-Related Blackouts." The comment?

Reddit: You're fired!
Moderator: I don't even work here.


The topic also dominated the official recap for the Programming subreddit, where it was the subject of all three of the top comments — and all three of the year's top posts:

Ironically, FastCo headlined its interview "As the AI era begins, Reddit is leaning into its humanity." ("Rebellious moderators. Large language models' peril and promise. Maybe a long-awaited IPO. Amid it all, Reddit CEO Steve Huffman says the web megacommunity is on a roll.") Other work has addressed concerns that bubbled to the surface during the moderator dust-up, such as accessibility issues: "I told the team, 'Just show up and ship,'" Huffman says. The official Reddit apps are finally compatible with screen readers used by users with vision impairments, with full compliance with the World Wide Web Consortium's accessibility guidelines planned by the end of 2024.

As for AI's potential to transform the Reddit experience, Huffman is less prone to exuberant overpromising than the average tech company CEO. But the same attributes that led third-party assemblers of large language models to crave access to the company's corpus of information could help it leverage the technology to its own benefit... Rather than involving the most obvious AI functionality, like a Reddit chatbot, the examples he provides relate to moderation of problem content. For instance, the latitude that individual moderators have to govern their communities means that they can set rules that Huffman describes as "sometimes strict and sometimes esoteric." Newbies may run afoul of them by accident and have their posts yanked just as they're trying to join the conversation. In response, Reddit is currently prototyping an AI-powered feature called "post guidance." It'll flag rule-violating material before it's ever published: "The new user gets feedback, and the mod doesn't have to deal with it," says Huffman. He adds that Reddit will also use AI to crack down on willful bad behavior, such as bullying and hate speech, and that he expects progress on that front in 2024...

Members already engage in acts of commerce such as tipping Photoshop wizards to remove ex-boyfriends from images; he says the company plans to facilitate these transactions with a payment system "that will basically involve users sending money to users, whether it's rewarding them for content or paying for digital services or digital goods or [physical] services." "People are trying to start businesses on Reddit, but it wasn't really built for that," he adds. "So just trying to flesh out that ecosystem, I think that'll be very powerful."

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