Fast food chain Wendy's announced it's adopting a similar approach to Uber's Surge Pricing policy by dynamically adjusting the prices of its menu items during peak demand periods at certain locations. The controversial strategy seeks to leverage real-time data to align pricing and demand, enhancing efficiency and potentially improving customer satisfaction. From a report: During a conference call earlier this month, Wendy's CEO Kirk Tanner said the fast-food chain would experiment with dynamic pricing as early as next year. "Beginning as early as 2025, we will begin testing more enhanced features like dynamic pricing and daypart offerings, along with AI-enabled menu changes and suggestive selling," he said. "As we continue to show the benefit of this technology in our company-operated restaurants, franchisee interest in digital menu boards should increase, further supporting sales and profit growth across the system."

Prices seesaw all the time on the sites of online retailers like Amazon that use algorithms and artificial intelligence to monitor competitors and glean insights into individual shoppers, adjusting prices depending on interest in the product or in the brand, said Timothy Webb, an assistant professor at the University of Delaware's hospitality and sport business management program. Coupons and other offers are also routinely dangled in mobile apps to encourage people to make purchases. "A lot of this stuff is already happening even if you don't realize that it is happening. If you have the Starbucks app and I have the Starbucks app, we probably have different offers," Webb said. "We might not be in the drive-through and they just increased the prices, but we are already paying different prices for the same products."

But, he says, Wendy's fans will likely see moderate, not massive, price swings during periods of peak demand. "It's not like $200 or $300 on a flight. This is a hypercompetitive industry. If Wendy's goes up $2 to $3 on a burger at dinner time, I would be shocked. People have too many options. They will just walk down the street and eat at Burger King instead," Webb said. "There will just be little price changes here."

Emanuel Maiberg reports via 404 Media: Dozens of Ghost kitchens, restaurants that serve food exclusively by delivery on apps like DoorDash and Grubhub, are selling food that they promote to customers with AI-generated images. It's common for advertisements to stage or edit pictures of food to make it look more enticing, but in these cases the ghost kitchens are showing people pictures of food that literally doesn't exist, and looks nothing like the actual items they're selling, sometimes because the faulty AI is producing physically impossible food items. [...] Some ghost kitchens exist as unmarked commercial kitchens with no actual restaurant you can visit that simply fulfill orders for a variety of brands that only exist on the food delivery services. Other ghost kitchens piggyback on existing, real restaurant kitchens to fulfill orders for those brands that exist only on food delivery apps.

[The food from a business on DoorDash called Pasta Lovers] actually comes from Tony's Pizzeria in North Brooklyn, which also fulfills orders for a cheesesteak brand called Philly Cheez, a hero sandwich brand called Hero Mania, and a wrap brand called That's A Wrap. All of these brands deliver food from different ghost kitchens across the country, and all of them feature the same type of AI-generated images to promote their food, some of which looks ridiculous. [...]

"We don't allow the use of AI-generated images and if we find a merchant is using any, we will remove those images from their menu," Grubhub, which also operates Seamless, told me in an email. However, at the time of writing the AI-generated images on Seamless I sent the company are still live on its site. "We know how important it is for diners to have realistic expectations of what they are ordering and should expect to receive, which is why we share image guidelines with our partners and our system reviews image submissions before they're allowed on our platform." "DoorDash is committed to showcasing realistic representations of meals that customers would receive when ordering online," DoorDash told me in an email. "Showcasing high-quality, accurate, and realistic menu images is crucial for maintaining customer trust and generating sales through DoorDash Marketplace." "This is all incredibly depressing," concludes Maiberg. "A local pizzeria can't get by unless it makes sandwiches for ghost kitchen brands, the people who make a living taking photographs of food are being displaced by AI tools, and gigantic food delivery apps are still making money by taking a cut from restaurants and screwing over gig delivery drivers."

"AI-generated images of food that people can order and eat finally brings us to a shockingly literal manifestation of Jean Baudrillard's Simulacra. Baudrillard would say the Spicy Philly Cheese from Philly Cheez is "never that which conceals the truth -- it is the truth which conceals that there is none."

Tumblr and Wordpress are preparing to sell user data to Midjourney and OpenAI, 404Media reported Tuesday, citing a source with internal knowledge about the deals and internal documents. From the report: The exact types of data from each platform going to each company are not spelled out in documentation we've reviewed, but internal communications reviewed by 404 Media make clear that deals between Automattic, the platforms' parent company, and OpenAI and Midjourney are imminent. The internal documentation details a messy and controversial process within Tumblr itself. One internal post made by Cyle Gage, a product manager at Tumblr, states that a query made to prepare data for OpenAI and Midjourney compiled a huge number of user posts that it wasn't supposed to. It is not clear from Gage's post whether this data has already been sent to OpenAI and Midjourney, or whether Gage was detailing a process for scrubbing the data before it was to be sent.

Dr. Ruth Gottesman, a longtime professor at the Albert Einstein College of Medicine, is making free tuition available to all students going forward. From a report: The 93-year-old widow of a Wall Street financier has donated $1 billion to a Bronx medical school, the Albert Einstein College of Medicine, with instructions that the gift be used to cover tuition for all students going forward. The donor, Dr. Ruth Gottesman, is a former professor at Einstein, where she studied learning disabilities, developed a screening test and ran literacy programs. It is one of the largest charitable donations to an educational institution in the United States and most likely the largest to a medical school.

The fortune came from her late husband, David Gottesman, known as Sandy, who was a protege of Warren Buffett and had made an early investment in Berkshire Hathaway, the conglomerate Mr. Buffett built. The donation is notable not only for its staggering size, but also because it is going to a medical institution in the Bronx, the city's poorest borough. The Bronx has a high rate of premature deaths and ranks as the unhealthiest county in New York. Over the past generation, a number of billionaires have given hundreds of millions of dollars to better-known medical schools and hospitals in Manhattan, the city's wealthiest borough.

While her husband ran an investment firm, First Manhattan, Dr. Gottesman had a long career at Einstein, a well-regarded medical school, starting in 1968, when she took a job as director of psychoeducational services. She has long been on Einstein's board of trustees and is currently the chair. In recent years, she has become close friends with Dr. Philip Ozuah, the pediatrician who oversees the medical college and its affiliated hospital, Montefiore Medical Center, as the chief executive officer of the health system. That friendship and trust loomed large as she contemplated what to do with the money her husband had left her.

OpenAI, Microsoft, Nvidia, and Jeff Bezos are all part of a pack of investors in a business "developing human-like robots," reports Bloomberg, "according to people with knowledge of the situation..."

At the startup — which is named "Figure" — engineers "are working on a robot that looks and moves like a human. The company has said it hopes its machine, called Figure 01, will be able to perform dangerous jobs that are unsuitable for people and that its technology will help alleviate labor shortages." Figure is raising about $675 million in a funding round that carries a pre-money valuation of roughly $2 billion, said the people, who asked not to be identified because the matter is private. Through his firm Explore Investments LLC, Bezos has committed $100 million. Microsoft is investing $95 million, while Nvidia and an Amazon.com Inc.-affiliated fund are each providing $50 million... Other technology companies are involved as well. Intel Corp.'s venture capital arm is pouring in $25 million, and LG Innotek is providing $8.5 million. Samsung's investment group, meanwhile, committed $5 million. Backers also include venture firms Parkway Venture Capital, which is investing $100 million, and Align Ventures, which is providing $90 million...

The AI robotics industry has been busy lately. Earlier this year, OpenAI-backed Norwegian robotics startup 1X Technologies AS raised $100 million. Vancouver-based Sanctuary AI is developing a humanoid robot called Phoenix. And Tesla Inc. is working on a robot called Optimus, with Elon Musk calling it one of his most important projects. Agility Robotics, which Amazon backed in 2022, has bots in testing at one of the retailer's warehouses. Bloomberg calls the investments in Figure "part of a scramble to find new applications for artificial intelligence."

Since 2010, billionaire tech investor Peter Thiel has offered to pay about 20 students $100,000 to drop out of school each year "to start companies or nonprofits," reports the Wall Street Journal. His program has now backed 271 people, and this year the applicant pool "is bigger than ever."

So how's it going? Some big successes include Vitalik Buterin, co-founder of Ethereum, the blockchain network; Laura Deming, a key figure in venture investing in aging and longevity; Austin Russell, who runs self-driving technologies company Luminar Technologies; and Paul Gu, co-founder of consumer lending company Upstart...

Thiel and executives of the fellowship acknowledge they have learned painful lessons along the way. Some applicants pursued ambitious ideas that turned out to be unrealistic, for example. "Asteroid mining is great for press releases but maybe we should have pushed back early on," he says. Others were better at applying to be Thiel fellows than they were starting businesses, it turned out... They've also learned that lone geniuses with brilliant ideas aren't usually the kinds of people who can build organizations. "It's a team sport to get something going and build on it, you can't just be a mad genius, you have to have some social skills and emotional intelligence," says Michael Gibson, an early leader of the organization who is co-founder of a venture fund that invests primarily in those who don't have a college degree...

Thiel hasn't attempted to build a better education system, which program officials acknowledge has made it harder to develop talent in the program... Thiel fellows say they don't receive much more than funding from the program and have limited contact with Thiel, though access to a network of former Thiel fellows can be useful. "Meeting some of the other members inspires you to think bigger," says Boyan Slat, a 2016 Thiel fellow who is chief executive of The Ocean Cleanup, a Netherlands-based nonprofit developing technologies to remove plastic from oceans. Slat says he has spoken to Thiel "three or four times."

As a result, Thiel and other staffers have concluded they can't grow beyond the 20 or so young people chosen as fellows each year. "If you scale the program," Thiel says, "you will have a lot more people who aren't quite ready, you would then have to be super-confident you can develop them" — which Thiel and his colleagues say they aren't skilled at doing... About a quarter of the Thiel fellows eventually returned to college to finish their degrees, suggesting that even the dropouts see enduring value in higher education.

Thiel says they "got way more out of it by going back" after launching their businesses.

"The other 75% didn't need a college degree," he says.

"One London resident watched on CCTV as a thief walked up to his £40,000 car and drove away," reports the Observer. "Now manufacturers say they are being drawn in to a hi-tech 'arms race' with criminals." [H]i-tech devices disguised as handheld games consoles are being traded online for thousands of pounds and are used by organised crime gangs to mimic the electronic key on an Ioniq 5, opening the doors and starting the engine. The device, known as an "emulator", works by intercepting a signal from the car, which is scanning for the presence of a legitimate key, and sending back a signal to gain access to the vehicle...

Hyundai says it is looking at measures to prevent the use of emulators "as a priority". But it is not the only carmaker whose vehicles appear to be vulnerable. An Observer investigation found that models by Toyota, Lexus and Kia have also been targeted... British motorists now face an increase in the number of thefts and rising insurance premiums... Car thefts are at their highest level for a decade in England and Wales, rising from 85,803 vehicles in the year to March 2012 to 130,270 in the year to March 2023 — an increase of more than 50%. Part of the reason, say experts, is the rise of keyless entry...

Kia did not respond to a request for comment. A spokesperson for Toyota, which owns Lexus, said: "Toyota and Lexus are continuously working on developing technical solutions to make vehicles more secure. Since introducing enhanced security hardware on the latest versions of a number of models, we have seen a significant drop-off in thefts. For older models we are currently developing solutions."
Another common attack requires entry to the vehicle first, according to the article, but then uses the vehicle's onboard diagnostic port to program "a new key linked to the vehicle..."

"Many owners of Ioniq 5s, which sell from around £42,000, now use steering locks to deter thieves."

"Crypto mines will have to start reporting their energy use in the U.S.," wrote the Verge in January, saying America's Energy department would "begin collecting data on crypto mines' electricity use, following criticism from environmental advocates over how energy-hungry those operations are."

But then "constitutional freedoms" group New Civil Liberties Alliance (founded with seed money from the Charles Koch Foundation) objected. And "on behalf of its clients" — the Texas Blockchain Council and Colorado bitcoin mining company Riot Platforms — the group said it "looks forward to derailing the Department of Energy's unlawful data collection effort once and for all."

While America's Energy department said the survey would take 30 minutes to complete, the complaint argued it would take 40 hours. According to the judge, the complaint "alleged three main sources of irreparable injury..."

- Nonrecoverable costs of compliance with the Survey
- A credible threat of prosecution if they do not comply with the Survey
- The disclosure of proprietary information requested by the Survey, thus risking disclosure of sensitive business strategy

But more importantly, the survey was implemented under "emergency" provisions, which the judge said is only appropriate when "public harm is reasonably likely to result if normal clearance procedures are followed."

Or, as Semafor.com puts it, the complaint was "seeking to push off the reporting deadline, on the grounds that the survey was rushed through...without a public comment period." The judge, Alan Albright, granted the request late Friday night, blocking the [Department of Energy's Information Administration] from collecting survey data or requiring bitcoin companies to respond to it, at least until a more comprehensive injunction hearing scheduled for Feb. 28. The ruling also concludes that the plaintiffs are "likely to succeed in showing that the facts alleged by the U.S. Energy Information Administration to support an emergency request fall far short of justifying such an action."
The U.S. Department of Energy is now...

• Restrained from requiring Plaintiffs or their members to respond to the Survey
• Restrained from collecting data required by the Survey
• "...and shall sequester and not share any such data that Defendants have already received from Survey respondents."

Thanks to long-time Slashdot reader schwit1 for sharing the news.

Kalyeena Makortoff reports via The Guardian: US regulators have accused a man of making $1.8 million by trading on confidential information he overheard while his wife was on a remote call, in a case that could fuel arguments against working from home. The Securities and Exchange Commission (SEC) said it charged Tyler Loudon with insider trading after he "took advantage of his remote working conditions" and profited from private information related to the oil firm BP's plans to buy an Ohio-based travel centre and truck-stop business last year.

The SEC claims that Loudon, who is based in Houston, Texas, listened in on several remote calls held by his wife, a BP merger and acquisitions manager who had been working on the planned deal in a home office 20ft (6 meters) away. The regulator said Loudon went on a buying spree, purchasing more than 46,000 shares in the takeover target, TravelCenters of America, without his wife's knowledge, weeks before the deal was announced on 16 February 2023. TravelCenters's stock soared by nearly 71% after the deal was announced. Loudon then sold off all of his shares, making a $1.8m profit.

Loudon eventually confessed to his wife, and claimed that he had bought the shares because he wanted to make enough money so that she did not have to work long hours anymore. She reported his dealings to her bosses at BP, which later fired her despite having no evidence that she knowingly leaked information to her husband. She eventually moved out of the couple's home and filed for divorce.

Google is shutting down the Google Pay app, as the standalone app has largely been replaced by Google Wallet. According to TechCrunch, Google Pay "will only be available in Singapore and India" after its shuts down in the United States. From the report: Users can continue to access the app's most popular features right from Google Wallet, which Google says is used five times more than the Google Pay app in the United States. After June 4, users will no longer be able to send, request or receive money through the U.S. version of the Google Pay app. Users have until that date to view and transfer their Google Pay balance to their bank account via the app. If you still have funds in your account after that date, you can view and transfer your funds to your bank from the Google Pay website.

Users who used the Google Pay app to find offers and deals can still so do using the new deals destination on Google Search, the company says. Google Wallet is the company's primary place for mobile payments in the United States, and will likely remain so. The app lets you use your phone to pay in stores, board a plane, ride transit, store loyalty cards, save driver's licenses and start your car via a digital key.

An anonymous reader shares a report: Beware the apes, Reddit told the world in its IPO documents, though not in such explicit terms. Put simply, the company warned potential investors that one of its subreddits, the infamous r/WallStreetBets, could make its stock price and volume extremely volatile -- and there's little Reddit can do about it. Reddit listed r/WallStreetBets as one of the possible risks to investing in the company in its S-1 form on Thursday, referencing the subreddit's role in the meme stock craze of 2021, where retail investors banded together to raise the price of struggling companies like GameStop and AMC. The goal of r/WallStreetBets back then was to screw over professional investors on Wall Street and make them lose money for betting against certain companies.

It's entirely possible that the everyday people on r/WallStreetBets, a subreddit of 15 million retail investors who refer to themselves as "apes" and "degenerates," and other online forums could do the same thing with Reddit's stock, the company stated. Reddit writes: "Given the broad awareness and brand recognition of Reddit, including as a result of the popularity of r/ wallstreetbets among retail investors, and the direct access by retail investors to broadly available trading platforms, the market price and trading volume of our Class A common stock could experience extreme volatility for reasons unrelated to our underlying business or macroeconomic or industry fundamentals."

The volatility could cause people to lose all or part of their investment, the company explained, if they are unable to sell their shares at or above the IPO price. The long-term effect of movements like those propelled by r/WallStreetBets is already documented, with the takeaway being that surges of interest and heavy investment don't necessarily bring success to companies over time.

An anonymous reader shares a report: When Google Wallet launched in 2022, Google kept the "GPay" app around in a handful of countries. The company announced today that the old Google Pay app is soon going away in the US. That app, which appears as "GPay" on your Android homescreen, was Google's previous vision for mobile payments and finance.

It was "designed around your relationships with people and businesses" with conversation-like threads serving as a purchase history, while keeping track of your spending was another big aspect. GPay will stop working in the US from June 4, 2024. It will remain available for users in India and Singapore as Google continues to "build for the unique needs in those countries." As part of the app going away, Google is shutting down peer-to-peer payments that let you send, request, or receive money from others in the US. Google's P2P offering never really took off.

AmiMoJo writes: Most of the UK companies that took part in the world's biggest ever four-day working week trial have made the policy permanent, research shows. Of the 61 organisations that took part in a six-month UK pilot in 2022, 54 (89%) are still operating the policy a year later, and 31 (51%) have made the change permanent. More than half (55%) of project managers and CEOs said a four-day week -- in which staff worked 100% of their output in 80% of their time -- had a positive impact on their organisation, the report found.

For 82% this included positive effects on staff wellbeing, 50% found it reduced staff turnover, while 32% said it improved job recruitment. Nearly half (46%) said working and productivity improved. The report's author, Juliet Schor, professor of sociology at Boston College, said the results showed "real and long lasting" effects. "Physical and mental health, and work-life balance are significantly better than at six months. Burnout and life satisfaction improvements held steady," she said.

jbmartin6 shares a report from Phys.Org: Threatening messages aimed to prevent digital piracy have the opposite effect if you're a man, a new study from the University of Portsmouth has found. According to the research, women tend to respond positively to this kind of messaging, but men typically increase their piracy behaviors by 18%. [...] This paper studies how effective anti-piracy messages are as a deterrent, examining the change in TV and film piracy intentions among 962 adults compared with their past behavior. The three messages examined in the study were verbatim copies of three real-world anti-piracy campaigns. Two of the campaigns used threatening messages to try to combat piracy and the third was educational in tone.

One of the threatening messages was from crime reduction charity, Crimestoppers, which focused on the individual's risk of computer viruses, identity fraud, money and data theft and hacking. The other message was based on a campaign by the French government, which used a "three strike" process, whereby infringers were given two written warnings before their internet access was terminated. The educational message was taken from the campaign "Get It Right from a Genuine Site," which focuses on the cost to the economy and to the individual creative people, and signposts consumers away from piracy sites and towards legal platforms such as Spotify or Netflix.

The study found that one threatening message influences women to reduce their piracy intentions by over 50%, but men increase their piracy behaviors. The educational messages had no effect on either men or women. "The research shows that anti-piracy messages can inadvertently increase piracy, which is a phenomenon known as psychological reactance," explained [lead author, Kate Whitman, from the University of Portsmouth's Centre for Cybercrime and Economic Crime]. "From an evolutionary psychology point of view, men have a stronger reaction to their freedom being threatened and therefore they do the opposite." Moreover, the study found that participants with the most favorable attitudes towards piracy demonstrated the most polarized changes in piracy intentions -- the threatening messages increased their piracy even more. The study has been published in the Journal of Business Ethics.

"I'm not so sure about the author's attribution of this difference to evolutionary psychology, so looking forward to some educational comments on that," adds Slashdot reader jbmartin6.

Sarah Perez reports via TechCrunch: The CEO of meditation app Insight Timer, Christopher Plowman, is frustrated. He doesn't think the teachers who leverage his app's marketplace to reach their students should have to share 30% of their income with Apple -- its commission on in-app purchases -- and for the past 12 months, Apple had also agreed. After Apple loosened its rules around in-app donations in 2022, Insight Timer took advantage of the option to adjust a digital donations feature that allowed Insight Timers' teachers to collect "tips" from their user profiles and during live events. Apple reviewed the app and approved its release on the App Store. Now the tech giant has changed its mind -- it wants to collect a commission from this content, and Insight Timer had no choice but to comply or have its iOS business shut down, Plowman says. [...]

In section 3.2.1 of Apple's App Review guidelines, the company explains that apps can route around Apple's in-app purchase if the app enables individual users to "give a monetary gift to another individual" and "100% of the funds" go to the receiver of the gift. Insight Timer capitalized on this option to allow its users to tip meditation teachers, healers, musicians, and others who use its app to teach classes on meditation, managing stress, finding happiness or spiritual enlightenment, and more. Insight Timer implemented the feature using Stripe as the payment provider on the back end, as the rule permits. Users can opt to donate funds to the teacher, but they don't have to. Insight Timer's main business is selling premium subscriptions to its app, which offer additional features, like offline listening, journaling, and unlimited access to its courses. Fifty percent of this revenue is shared with the teachers, so they don't have to rely on donations to fund their work. During the time the commission-free donations feature was live, Insight Timer's users donated roughly $100,000 per month to the app's teachers, Plowman says.

Apple appeared to have blessed this use case, as the tech giant went on to approve 47 more updates to Insight Timer's app over the course of a 12-month period. When a question arose, Insight Timer explained that these were donations -- it doesn't take a cut of that revenue -- and Apple would approve the app. Late last year, those approvals stopped. An app reviewer told Insight Timer that these donations were no longer considered monetary gifts -- they were now "digital content." That meant they were also now subject to Apple's commissions. This decision doesn't hurt Insight Timer's bottom line, as the app's main business is subscriptions. Instead, it hurts the community of teachers who generate additional funds via users' donations. Now, with Apple demanding 30% of that revenue, the teachers are getting a 30% pay cut overnight, so to speak.

Plowman says he went back and forth with Apple over this feature, trying to understand why the donations option that Apple had previously allowed -- 47 times! -- was now subject to commission. Apple compromised and said it would allow the donations' link on teachers' profiles to be subject to its commission-free rules, but all other donations -- from live events, from meditations themselves -- had to be commissioned. It wouldn't allow those links to point to the donation link on the teachers' profiles, either. "And I was like, well, what's the point of building an ice cream stand across the road if you won't let the customers cross the road to buy the ice cream?" Plowman argued. In the end, the two parties didn't reach any sort of resolution. Plowman was given until February to comply with Apple's decision, or his business would be shut out of the App Store.

Apple is rolling out an upgrade to its iMessage texting platform to defend against future encryption-breaking technologies. From a report: The new protocol, known as PQ3, is another sign that U.S. tech firms are bracing for a potential future breakthrough in quantum computing that could make current methods of protecting users' communications obsolete. "More than simply replacing an existing algorithm with a new one, we rebuilt the iMessage cryptographic protocol from the ground up," an Apple blog post published on Wednesday reads. "It will fully replace the existing protocol within all supported conversations this year."

The Cupertino, California-based iPhone maker says its encryption algorithms are state-of-the-art and that it has found no evidence so far of a successful attack on them. Still, government officials and scientists are concerned that the advent of quantum computers, advanced machines that tap in to the properties of subatomic particles, could suddenly and dramatically weaken those protections. Late last year, a Reuters investigation explored how the United States and China are racing to prepare for that moment, dubbed "Q-Day," both by pouring money into quantum research and by investing in new encryption standards known as post-quantum cryptography. Washington and Beijing have traded allegations of intercepting massive amounts of encrypted data in preparation for Q-Day, an approach sometimes dubbed "catch now, crack later." More on Apple's security blog.

Internet service provider Cox Communications has been cleared of a $1 billion jury verdict in favor of several major record labels that had accused it of failing to curb user piracy. "The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, ruled on Tuesday that the amount of damages was not justified and that a federal district court should hold a new trial to determine the appropriate amount," reports Reuters. From the report: A Virginia jury in 2019 found Cox, the largest unit of privately-owned Cox Enterprises, liable for its customers' violations of over 10,000 copyrights belonging to labels including Sony Music Entertainment, Warner Music Group, and Universal Music Group. The labels' attorney Matt Oppenheim said that the appeals court "affirmed the jury's verdict that Cox is a willful infringer," and that "the evidence of Cox's complete disregard for copyright law and copyright owners has not changed." "A second jury will get to hear that same compelling evidence, and we fully expect it will render a significant verdict," Oppenheim said.

More than 50 labels teamed up to sue Cox in 2018, in what was seen as a test of the obligations of internet service providers (ISPs) to thwart piracy. The labels accused Cox of failing to address thousands of infringement notices, cut off access for repeat infringers, or take reasonable measures to deter pirates. Atlanta-based Cox had told the 4th Circuit that upholding the verdict would force ISPs to boot households or businesses based on "isolated and potentially inaccurate allegations," or require intrusive oversight of customers' internet usage. Other ISPs, including Charter Communications, Frontier Communications and Astound Broadband, formerly RCN, have also been sued by the record labels.

Andrew Feinberg, writing for Slate: If you wanted to design a financial channel that would cause investors to underperform the stock market, you'd create CNBC, NBC's financial counterpart that runs on cable news and ostensibly tries to make viewers better investors. You'd make it sober and rational (well, there is Jim Cramer, but we'll get to him later), no need to feature anyone foaming at the mouth about stocks that could triple in six months or worried Cassandras warning that it's time to sell everything and burrow underground. And yet, you'd ensure that viewers stay engaged by keeping them on edge, worried and confused about what might happen next. Anxiety, you'd discover, is your friend, viewer hypervigilance your bread and butter.

In other words, CNBC makes viewers nervous in a very specific way. Nervous that they're about to lose money in a market downturn. Nervous that they might miss a hot trend or stock. Or uncertain that they're in the right sectors. Then an "expert" comes on and says, "Hey, you're in the wrong sectors -- it's time to leave tech for industrials, financials, and health care." In its sober, rational way, the network creates a sense of urgency. Although its tone is never like that of an infomercial, sometimes the message is similar. Act now. The problem is, hypervigilance is probably the worst quality most investors can have. "Sit on your ass," the late Charlie Munger advised investors, emphasizing that when it comes to investing, less is more. Feeling nervous leads to excessive trading. And "all the evidence shows that individual investors do worse the more they trade," says Jay Ritter, professor of finance at the University of Florida's Warrington College of Business. "Buying and selling something based on what you see on CNBC is not likely to be a successful strategy."

Capital One is buying Discover Financial (non-payalled source) in a deal that would marry two of the largest credit-card companies in the U.S. WSJ: The all-stock deal could be announced Tuesday, according to people familiar with the matter. Discover has a market value of $28 billion, and the takeover would be expected to value it at a premium to that. Buying Discover will give Capital One, a credit-card lender with a market value of a little over $52 billion, a network that would vastly increase its power in the payments ecosystem.

Card networks are critical to enabling transactions and setting fees that merchants pay when consumers shop with credit cards. Though much smaller than Visa and Mastercard, Discover is one of the few competitors to those companies in the U.S. and it is one of a small number of card issuers that also has a payments network. Capital One, the ninth-largest bank in the country and a major credit-card issuer, uses Visa and Mastercard for most of its cards. The bank plans to switch at least some of its cards to the Discover network, while continuing to use Visa and Mastercard on others. Those larger networks have more merchant acceptance abroad than Discover does. Update: Capital One has proposed to pay $35.3 billion for Discover in an all-stock deal.

Founders and investors who moved to Miami and elsewhere are returning to a boom in AI and an abundance of tech talent. From a report: In 2020, venture capitalist Keith Rabois urged startup founders to join him in ditching San Francisco for Miami, praising the city's safety, lower taxes and tech-friendly mayor. The self-proclaimed contrarian investor, who made a fortune backing companies such as Airbnb and DoorDash, once tweeted that San Francisco was "miserable on every dimension."

The hard pivot to Miami has faltered. Several of the startups that Rabois backed are relocating or opening offices elsewhere to better attract engineering talent. Late last year, he was pushed out of his old venture firm, Founders Fund, after falling out with some colleagues. Now, he plans to spend one week a month in San Francisco for a new employer, Khosla Ventures, and is busy renovating a house there. During the pandemic, scores of Silicon Valley investors and executives such as Rabois decamped to sunnier American cities, criticizing San Francisco's dysfunctional governance and high cost of living. Tech-firm founders touted their success at raising money outside the Bay Area and encouraged their employees to embrace remote work.

Four years later, that bet hasn't really worked out. San Francisco is once again experiencing a tech revival. Entrepreneurs and investors are flocking back to the city, which is undergoing a boom in artificial intelligence. Silicon Valley leaders are getting involved in local politics, flooding city ballot measures and campaigns with tech money to make the city safer for families and businesses. Investors are also pushing startups to return to the Bay Area and bring their employees back into the office. San Francisco has largely weathered the broader crunch in startup funding. Investment in Bay Area startups dropped 12% to $63.4 billion last year. By contrast, funding volumes for Austin, Texas, and Los Angeles, two smaller tech hubs, dropped 27% and 42%, respectively. In Miami, venture investment plunged 70% to just $2 billion last year.