Advertising

US Asks Judge To Break Up Google's Ad Tech Business (theguardian.com) 41

The U.S. government is seeking to break up Google's advertising technology business after a judge ruled the company holds an illegal monopoly over ad tools for publishers, marking the second such antitrust case following a similar request to divest Chrome. The Guardian reports: "We have a defendant who has found ways to defy" the law, US government lawyer Julia Tarver Wood told a federal court in Virginia, as she urged the judge to dismiss Google's assurance that it would change its behavior. "Leaving a recidivist monopolist" intact was not appropriate to solve the issue, she added. [...] The US government specifically alleged that Google controls the market for publishing banner ads on websites, including those of many creators and small news providers.

The hearing in a Virginia courtroom was scheduled to plan out the second phase of the trial, set for September, in which the parties will argue over how to fix the ad market to satisfy the judge's ruling. The plaintiffs argued in the first phase of the trial last year that the vast majority of websites use Google ad software products which, combined, leave no way for publishers to escape Google's advertising technology and pricing.

The district court judge Leonie Brinkema agreed with most of that reasoning, ruling last month that Google built an illegal monopoly over ad software and tools used by publishers, but partially dismissed the argument related to tools used by advertisers. The US government said it would use the trial to recommend that Google should spin off its ad publisher and exchange operations, as Google could not be trusted to change its ways. "Behavioral remedies are not sufficient because you can't prevent Google from finding a new way to dominate," Tarver Wood said.

Google countered that it would recommend that it agree to a binding commitment that it would share information with advertisers and publishers on its ad tech platforms. Google lawyer Karen Dunn did, however, acknowledge the "trust issues" raised in the case and said the company would accept monitoring to guarantee any commitments made to satisfy the judge. Google is also arguing that calls for divestment are not appropriate in this case, which Brinkema swiftly refused as an argument. The judge urged both sides to mediate, stressing that coming to a compromise solution would be cost-effective and more efficient than running a weeks-long trial.

It's funny.  Laugh.

Federal Judge Orders Lawyer to Remove Dragon Watermark from Court Filings 67

A Michigan federal magistrate judge has banned a lawyer from using a cartoon dragon watermark on legal filings, calling the practice "juvenile and impertinent." Judge Ray Kent of the Western District of Michigan issued the order on April 28 after receiving a complaint featuring a purple, suit-wearing dragon on every page.

"Each page of plaintiff's complaint appears on an e-filing which is dominated by a large multi-colored cartoon dragon dressed in a suit," Kent wrote. "The Court is not a cartoon." The watermark belongs to Jacob A. Perrone of Dragon Lawyers, who told The New York Times he purchased the image online for $20 because "people like dragons."

Perrone said it plans to continue using the logo in his practice but will tone it down in future court submissions.
IOS

Apple Updates App Store Guidelines To Allow Links To External Payments (9to5mac.com) 32

Apple has updated its App Store Guidelines to comply with a court order from the Epic Games lawsuit, now allowing U.S. apps to include external payment links and buttons without needing special approval. "The App Review Guidelines have been updated for compliance with a United States court decision regarding buttons, external links, and other calls to action in apps. These changes affect apps distributed on the United States storefront of the App Store," Apple said in an email to developers on Thursday night. 9to5Mac reports: Here are the full changes to the App Store Guidelines with today's revisions:

3.1.1: Apps on the United States storefront are not prohibited from including buttons, external links, or other calls to action when allowing users to browse NFT collections owned by others.
3.1.1(a): On the United States storefront, there is no prohibition on an app including buttons, external links, or other calls to action, and no entitlement is required to do so.
3.1.3: The prohibition on encouraging users to use a purchasing method other than in-app purchase does not apply on the United States storefront.
3.1.3(a): The External Link Account entitlement is not required for apps on the United States storefront to include buttons, external links, or other calls to action.
"We strongly disagree with the decision. We will comply with the court's order and we will appeal," Apple said in a statement to 9to5Mac yesterday.

Spotify, Patreon, Epic Games and others are already working to circumvent Apple's App Store fees.
The Almighty Buck

Patreon Will Update Its iPhone App To Sidestep Apple's Payment System (theverge.com) 21

Following a major court ruling limiting Apple's control over App Store payments, Patreon plans to update its iOS app to allow payments outside Apple's system, letting creators keep more of their earnings. Spotify and Proton are also preparing similar updates. The Verge reports: "This is a huge moment for creators and their businesses," [spokesperson Adiya Taylor] says. "The iOS app is the number one platform for fan engagement on Patreon, and we believe this ruling allows creators to get paid without giving Apple 30 percent. As a first step, we will submit an app update for review by Apple to enable payments outside of IAP so creators keep more from iOS based fan payments."

Last year, Patreon said it was forced to switch to Apple's in-app purchase system, which applied a 30 percent fee to all new memberships purchased in the app, or else risk "being removed from the App Store." "When we first announced rolling out Apple's IAP requirements last year, we shared that we used three principles to guide our decision in how we wanted to move forward: transparency, control, and stability," Taylor says. "Keeping with those principles, we're exploring further action we can take, and we'll continue to keep creators and fans posted on any changes to our experience." Taylor wasn't able to share a timeline for when the update might be rolled out.
Further reading: Epic Games Is Launching Webshops To Circumvent App Store Fees
Businesses

Apple Must Halt Non-App Store Sales Commissions, Judge Says (yahoo.com) 75

Apple violated a court order requiring it to open up the App Store to third-party payment options and must stop charging commissions on purchases outside its software marketplace, a federal judge said in a blistering ruling that referred the company to prosecutors for a possible criminal probe. From a report: U.S. District Judge Yvonne Gonzalez Rogers sided Wednesday with "Fortnite" maker Epic Games over its allegation that the iPhone maker failed to comply with an order she issued in 2021 after finding the company engaged in anticompetitive conduct in violation of California law.

Gonzalez Rogers also referred the case to federal prosecutors to investigate whether Apple committed criminal contempt of court for flouting her 2021 ruling. The U.S. attorney's office in San Francisco declined to comment. The changes the company must now make could put a sizable dent in the double-digit billions of dollars in revenue the App Store generates each year.
The judge's order [PDF]: Apple willfully chose not to comply with this Court's Injunction. It did so with the express intent to create new anticompetitive barriers which would, by design and in effect, maintain a valued revenue stream; a revenue stream previously found to be anticompetitive. That it thought this Court would tolerate such insubordination was a gross miscalculation. As always, the cover-up made it worse. For this Court, there is no second bite at the apple.

It Is So Ordered.

Google

Google's Sundar Pichai Calls US Remedies 'De Facto' Spinoff of Search (moneycontrol.com) 31

Alphabet CEO Sundar Pichai told a judge who found that Google illegally monopolizes online search that a Justice Department proposal to share search data with rivals would be a "de facto" divestiture of the company's search engine. From a report: If Google were required to share both its search data and the information on how it ranks results, rivals could reverse engineer "every aspect of our technology," Pichai testified on Wednesday.

"The proposal on data sharing is so far reaching, so extraordinary," Pichai said. It "feels like de facto divestiture of search" and its entire intellectual property and technology over 25 years of research, he said. During testimony in federal court in Washington, Pichai asserted that a package of antitrust remedies proposed by the government is too extreme and will undermine Google's ability to compete in the market.

Microsoft

Microsoft Vows Legal Fight Against US To Protect European Cloud Customers (ft.com) 49

Microsoft has pledged to take the US government to court if necessary [alternative source] to protect European customers' access to its cloud services, as concerns mount over potential technology disruptions under President Donald Trump. Brad Smith, Microsoft's president and vice-chair, announced five "digital commitments" to Europe on Wednesday, responding to regional anxieties following Trump's temporary suspension of military support to Ukraine.

"We as a company need to be a source of digital stability during a period of geopolitical volatility," Smith said. The commitments include contesting any government order to cease European cloud services through legal channels and establishing European oversight of its continental operations. Microsoft will increase its European data center capacity by 40% over the next two years, expanding in 16 countries with investments of "tens of billions of dollars" annually. The Seattle-based company, which derives more than a quarter of its business from Europe, becomes the first major American tech firm to proactively address European concerns amid escalating trade tensions.
Privacy

India Court Orders Proton Mail Block On Security Grounds (livelaw.in) 20

The Karnataka High Court on Tuesday directed India's government to block Switzerland-based email service Proton Mail, citing national security concerns and law enforcement challenges. Justice M Nagaprasanna ordered authorities to initiate proceedings under Section 69A of the Information Technology Act to ban the service, while mandating immediate blocking of "offending URLs" until final decisions are made.

The ruling followed a petition from M Moser Design Associates India, which claimed its female employees were targeted with obscene emails containing "AI-generated deepfake images" sent via Proton Mail. Petitioners argued Proton Mail operates servers outside India, making it inaccessible to law enforcement. The court noted several bomb threats to Indian schools were sent using the service, which has already been banned in Russia and Saudi Arabia. Additional Solicitor General Aravind Kamath, representing the government, said authorities would comply with the court's direction.
Crime

Fired Disney Employee Gets 3 Years in Prison For Hacking and Changing Menus (cnn.com) 71

A former Disney employee who hacked into the company's servers to alter its restaurant menus, including falsifying allergen information and printing profane language, has been sentenced to three years in prison. From a report: Michael Scheuer, a Florida resident, was sentenced last week in federal court and ordered to pay nearly $690,000 in restitution, with most of that going to Disney. He pled guilty in January to one count of computer fraud and one count of aggravated identity theft.

"Scheuer remains remorseful and apologetic to his former co-workers. We are grateful that the judge heard all of our arguments and mitigation when fashioning a sentence that was half of what the government was seeking," said David Haas, Scheuer's lawyer, in a statement to CNN.

Scheuer worked as a menu production manager for Disney and was fired last June for misconduct, according to the original complaint. He had access to, and also used, secure internal servers for creating and publishing menus for all of Disney's restaurants as part of his job at the company.

Chrome

Yahoo Wants To Buy Chrome (theverge.com) 72

Legacy search brand Yahoo has been working on its own web browser prototype, and says it would like to buy Google's Chrome if the company is forced by a court to sell it. From a report: The information came out during the fourth day of the Justice Department's remedies trial to rectify Google's search monopoly. The DOJ has -- among other proposals -- requested Judge Amit Mehta break up Google by requiring it sell its Chrome browser, which the agency says is a key distribution channel for its popular search engine that's amassed too much power for anyone else to compete. Yahoo isn't the only company interested in buying Chrome. While DuckDuckGo's CEO said they wouldn't be able to afford it, witnesses from Perplexity and OpenAI both expressed interest in the popular browser on the stand this week. Yahoo obviously isn't worth Chrome's estimated price tag of tens of billions of dollars. So the company is saying that its owner, the hedge fund giant Apollo, will help bankroll the purchase should the opportunity present itself.
Google

Google Gemini Has 350 Million Monthly Users, Reveals Court Hearing 30

Google revealed in court that its Gemini AI chatbot reached 350 million monthly active users worldwide as of March 2025 -- up from 9 million daily users in October 2024. TechCrunch reports: Usage of Google's AI offerings has exploded in the last year. Gemini had just 9 million daily active users in October 2024, but last month, the company reportedly logged 35 million daily active users, according to its data. Gemini still lags behind the industry's most popular AI tools, however.

Google estimates that ChatGPT had roughly 600 million monthly active users in March, according to the company's data shown in court. That puts ChatGPT on a similar user base to Meta AI, which CEO Mark Zuckerberg said in September was nearing 500 million monthly users.
Nintendo

Nintendo Seeks Discord User's Identity Following Major Pokemon Leak (polygon.com) 45

Nintendo has filed a request for subpoena in California's Northern District Court to compel Discord to reveal the identity of user "GameFreakOUT," the alleged source of last year's extensive Pokemon leak. The company is demanding the name, address, phone number, and email of the individual behind the "Teraleak," which contained claimed source code for upcoming title Pokemon Legends: Z-A, next-generation Pokemon games, builds of older titles, and numerous concept art and lore documents.

Court documents obtained by Polygon show Nintendo included a partially redacted Discord screenshot as evidence, where GameFreakOUT shared files in a server named "FreakLeak." The breach occurred around October 12, 2024, two days after Game Freak publicly acknowledged a hack affecting employee information without confirming game data theft.
The Courts

Shopify Must Face Data Privacy Lawsuit In US (reuters.com) 42

An anonymous reader quotes a report from Reuters: A U.S. appeals court on Monday revived a proposed data privacy class action against Shopify, a decision that could make it easier for American courts to assert jurisdiction over internet-based platforms. In a 10-1 decision, the 9th U.S. Circuit Court of Appeals in San Francisco said the Canadian e-commerce company can be sued in California for collecting personal identifying data from people who make purchases on websites of retailers from that state.

Brandon Briskin, a California resident, said Shopify installed tracking software known as cookies on his iPhone without his consent when he bought athletic wear from the retailer I Am Becoming, and used his data to create a profile it could sell to other merchants. Shopify said it should not be sued in California because it operates nationwide and did not aim its conduct toward that state. The Ottawa-based company said Briskin could sue in Delaware, New York or Canada. A lower court judge and a three-judge 9th Circuit panel had agreed the case should be dismissed, but the full appeals court said Shopify "expressly aimed" its conduct toward California.

"Shopify deliberately reached out ... by knowingly installing tracking software onto unsuspecting Californians' phones so that it could later sell the data it obtained, in a manner that was neither random, isolated, or fortuitous," Circuit Judge Kim McLane Wardlaw wrote for the majority. A spokesman for Shopify said the decision "attacks the basics of how the internet works," and drags entrepreneurs who run online businesses into distant courtrooms regardless of where they operate. Shopify's next legal steps are unclear.

Yahoo!

Yahoo Will Give Millions To a Settlement Fund For Chinese Dissidents (technologyreview.com) 13

An anonymous reader quotes a report from MIT Technology Review: A lawsuit to hold Yahoo responsible for "willfully turning a blind eye" to the mismanagement of a human rights fund for Chinese dissidents was settled for $5.425 million last week, after an eight-year court battle. At least $3 million will go toward a new fund; settlement documents say it will "provide humanitarian assistance to persons in or from the [People's Republic of China] who have been imprisoned in the PRC for exercising their freedom of speech." This ends a long fight for accountability stemming from decisions by Yahoo, starting in the early 2000s, to turn over information on Chinese internet users to state security, leading to their imprisonment and torture. After the actions were exposed and the company was publicly chastised, Yahoo created the Yahoo Human Rights Fund (YHRF), endowed with $17.3 million, to support individuals imprisoned for exercising free speech rights online.

The Yahoo Human Rights Fund was intended to support imprisoned Chinese dissidents. Instead, a lawsuit alleges that only a small fraction of the money went to help former prisoners. But in the years that followed, its chosen nonprofit partner, the Laogai Research Foundation, badly mismanaged the fund, spending less than $650,000 -- or 4% -- on direct support for the dissidents. Most of the money was, instead, spent by the late Harry Wu, the politically connected former Chinese dissident who led Laogai, on his own projects and interests. A group of dissidents sued in 2017, naming not just Laogai and its leadership but also Yahoo and senior members from its leadership team during the time in question; at least one person from Yahoo always sat on YHRF's board and had oversight of its budget and activities.

The defendants -- which, in addition to Yahoo and Laogai, included the Impresa Legal Group, the law firm that worked with Laogai -- agreed to pay the six formerly imprisoned Chinese dissidents who filed the suit, with five of them slated to receive $50,000 each and the lead plaintiff receiving $55,000. The remainder, after legal fees and other expense reimbursements, will go toward a new fund to continue YHRF's original mission of supporting individuals in China imprisoned for their speech. The fund will be managed by a small nonprofit organization, Humanitarian China, founded in 2004 by three participants in the 1989 Chinese democracy movement. Humanitarian China has given away $2 million in cash assistance to Chinese dissidents and their families, funded primarily by individual donors.

Censorship

Vercel Slams LaLiga Piracy Blocks As 'Unaccountable Internet Censorship' 20

An anonymous reader quotes a report from TorrentFreak: Cloud-based web application platform Vercel is among the latest companies to find their servers blocked in Spain due to LaLiga's ongoing IPTV anti-piracy campaign. In a statement, Vercel's CEO and the company's principal engineer slam "indiscriminate" blocking as an "unaccountable form of internet censorship" that has prevented legitimate customers from conducting their daily business. [...] US-based Vercel describes itself as a "complete platform for the web." Through the provision of cloud infrastructure and developer tools, users can deploy code from their computers and have it up and running in just seconds. Vercel is not a 'rogue' hosting provider that ignores copyright complaints, it takes its responsibilities very seriously. Yet it became evident last week that blocking instructions executed by Telefonica-owned telecoms company Movistar were once again blocking innocent users, this time customers of Vercel.

As the thread on X continued, Vercel CEO Guillermo Rauch was asked whether Vercel had "received any requests to remove illegal content before the blocking occurs?" Vercel Principal Engineer Matheus Fernandes answered quickly. Additional users were soon airing their grievances; ChatGPT blocked regularly on Sundays, a whole day "ruined" due to unwarranted blocking of AI code editor Cursor, blocking at Cloudflare, GitHub, BunnyCDN, the list goes on. In a joint statement last week, Vercel CEO Guillermo Rauch and Principal Engineer Matheus Fernandes cited the LaLiga/Telefonica court order and reported that ISPs are "blocking entire IP ranges, not specific domains or content." Among them, the IP addresses 66.33.60.129 and 76.76.21.142, "used by businesses like Spanish startup Tinybird, Hello Magazine, and others operating on Vercel, despite no affiliations with piracy in any form."
While clearly unhappy with how the company has been treated, Vercel says it's now working with LaLiga.

"We remain committed to providing fast, secure infrastructure for modern web applications. Likewise, we expect enforcement efforts to do the same: targeted, transparent, and technically sound. We are in contact with La Liga and are collaborating to remove illegal content in accordance with the court order. We're exploring mitigation strategies to restore access for Spanish users and continue to advocate for an open and permissionless web," Vercel concludes.
Facebook

At Trial, Instagram Co-founder Says Zuckerberg Withheld Resources Over 'Threat' Fears (nytimes.com) 20

An anonymous reader shares a report: Kevin Systrom, the co-founder of Instagram, testified on Tuesday in a landmark federal antitrust trial that he left Meta in 2018 because his company was denied resources. The government has argued that Meta purchased Instagram in 2012 as part of a "buy-or-bury strategy" to illegally cement its social media monopoly by killing off its rivals. Last week, current and former Meta executives testified that the social media giant, formerly known as Facebook, used its deep pockets to invest in Instagram after its purchase.

In testimony at the U.S. District Court of the District of Columbia, Mr. Systrom painted a different picture, saying he left Meta because Mark Zuckerberg, the chief executive, wasn't investing enough. At that time, Instagram had grown to 1 billion users, about 40 percent of Facebook's size, yet the photo-sharing app had only 1,000 employees compared to 35,000 employees at Facebook, he said. "We were by far the fastest growing team. We produced the most revenue and relative to what we should have been at the time, I felt like we should have been much larger," said Mr. Systrom, who is expected to testify for six hours.

Mr. Systrom said he found the decisions baffling. When asked by an F.T.C. lawyer why Mr. Zuckerberg might have decided to give Instagram fewer resources, Mr. Systrom said it was a consistent pattern during his tenure at Meta. "Mark was not investing in Instagram because he believed we were a threat to their growth," he said, referring to Mr. Zuckerberg's prioritization of Facebook.

Google

Google Pays Samsung 'Enormous Sums' for Gemini AI App Installs (msn.com) 27

Google pays Samsung an "enormous sum of money" every month to preinstall Google generative AI app, Gemini, on its phones and devices, according to court testimony, even though the company's practice of paying for installations has twice been found to violate the law. From a report: The company began paying Samsung for Gemini in January, according to Peter Fitzgerald, Google's vice president of platforms and device partnerships, who testified Monday in Washington federal court as part of the Justice Department's antitrust case. The contract, set to run at least two years, provides fixed monthly payments for each device that preinstalls Gemini and pays Samsung a percentage of the revenue Google earns from advertisements within the app, Fitzgerald told Judge Amit Mehta, who is overseeing the case.
Google

Google Says DOJ Breakup Would Harm US In 'Global Race With China' (cnbc.com) 55

Google has argued in court that the U.S. Department of Justice's proposal to break up its Chrome and Android businesses would weaken national security and harm the country's position in the global AI race, particularly against China. CNBC reports: The remedies trial in Washington, D.C., follows a judge's ruling in August that Google has held a monopoly in its core market of internet search, the most-significant antitrust ruling in the tech industry since the case against Microsoft more than 20 years ago. The Justice Department has called for Google to divest its Chrome browser unit and open its search data to rivals.

Google said in a blog post on Monday that such a move is not in the best interest of the country as the global battle for supremacy in artificial intelligence rapidly intensifies. In the first paragraph of the post, Google named China's DeepSeek as an emerging AI competitor. The DOJ's proposal would "hamstring how we develop AI, and have a government-appointed committee regulate the design and development of our products," Lee-Anne Mulholland, Google's vice president of regulatory affairs, wrote in the post. "That would hold back American innovation at a critical juncture. We're in a fiercely competitive global race with China for the next generation of technology leadership, and Google is at the forefront of American companies making scientific and technological breakthroughs."

Google

Google Faces Off With US Government in Attempt To Break Up Company in Search Monopoly Case (apnews.com) 47

Google is confronting an existential threat as the U.S. government tries to break up the company as punishment for turning its revolutionary search engine into an illegal monopoly. From a report: The drama began to unfold Monday in a Washington courtroom as three weeks of hearings kicked off to determine how the company should be penalized for operating a monopoly in search. In its opening arguments, federal antitrust enforcers also urged the court to impose forward-looking remedies to prevent Google from using artificial intelligence to further its dominance. "This is a moment in time, we're at an inflection point, will we abandon the search market and surrender them to control of the monopolists or will we let competition prevail and give choice to future generations," said Justice Department attorney David Dahlquist.

The proceedings, known in legal parlance as a "remedy hearing," are set to feature a parade of witnesses that includes Google CEO Sundar Pichai. The U.S. Department of Justice is asking a federal judge to order a radical shake-up that would ban Google from striking the multibillion dollar deals with Apple and other tech companies that shield its search engine from competition, share its repository of valuable user data with rivals and force a sale of its popular Chrome browser. Google's attorney, John Schmidtlein, said in his opening statement that the court should take a much lighter touch. He said the government's heavy-handed proposed remedies wouldn't boost competition but instead unfairly reward lesser rivals with inferior technology. "Google won its place in the market fair and square," Schmidtlein said.

Privacy

Judge Rules Blanket Search of Cell Tower Data Unconstitutional (404media.co) 34

An anonymous reader quotes a report from 404 Media: A judge in Nevada has ruled that "tower dumps" -- the law enforcement practice of grabbing vast troves of private personal data from cell towers -- is unconstitutional. The judge also ruled that the cops could, this one time, still use the evidence they obtained through this unconstitutional search. Cell towers record the location of phones near them about every seven seconds. When the cops request a tower dump, they ask a telecom for the numbers and personal information of every single phone connected to a tower during a set time period. Depending on the area, these tower dumps can return tens of thousands of numbers. Cops have been able to sift through this data to solve crimes. But tower dumps are also a massive privacy violation that flies in the face of the Fourth Amendment, which protects people from unlawful search and seizure. When the cops get a tower dump they're not just searching and seizing the data of a suspected criminal, they're sifting through the information of everyone who was in the location. The ruling stems from a court case involving Cory Spurlock, a Nevada man charged with drug offenses and a murder-for-hire plot. He was implicated through a cellphone tower dump that law enforcement used to place his device near the scenes of the alleged crimes.

A federal judge ruled that the tower dump constituted an unconstitutional general search under the Fourth Amendment but declined to suppress the evidence, citing officers' good faith in obtaining a warrant. It marks the first time a court in the Ninth Circuit has ruled on the constitutionality of tower dumps, which in Spurlock's case captured location data from over 1,600 users -- many of whom had no way to opt out.

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