Longtime Slashdot reader sandbagger shares a report from The Verge: Early termination fees are "a bit like heroin for Adobe," according to an Adobe executive quoted in the FTC's newly unredacted complaint against the company for allegedly hiding fees and making it too hard to cancel Creative Cloud. "There is absolutely no way to kill off ETF or talk about it more obviously" in the order flow without "taking a big business hit," this executive said. That's the big reveal in the unredacted complaint, which also contains previously unseen allegations that Adobe was internally aware of studies showing its order and cancellation flows were too complicated and customers were unhappy with surprise early termination fees. In response to the quote, Adobe's general counsel and chief trust officer, Dana Rao, said that he was "disappointed in the way they're continuing to take comments out of context from non-executive employees from years ago to make their case."

Rao added that the person quoted was not on the leadership team that reports to CEO Shantanu Narayen and that whether to charge early termination fees would "not be their decision." The early termination fees in the FTC case represent "less than half a percent of our annual revenue," Rao told The Verge. "It doesn't drive our business, it doesn't drive our business decisions."

On Wednesday, Judge Nina Morrison ruled that cellphone searches at the border are "nonroutine" and require probable cause and a warrant, likening them to more invasive searches due to their heavy privacy impact. As reported by Reason, this decision closes the loophole in the Fourth Amendment's protection against unreasonable searches and seizures, which Customs and Border Protection (CBP) agents have exploited. Courts have previously ruled that the government has the right to conduct routine warrantless searches for contraband at the border. From the report: Although the interests of stopping contraband are "undoubtedly served when the government searches the luggage or pockets of a person crossing the border carrying objects that can only be introduced to this country by being physically moved across its borders, the extent to which those interests are served when the government searches data stored on a person's cell phone is far less clear," the judge declared. Morrison noted that "reviewing the information in a person's cell phone is the best approximation government officials have for mindreading," so searching through cellphone data has an even heavier privacy impact than rummaging through physical possessions. Therefore, the court ruled, a cellphone search at the border requires both probable cause and a warrant. Morrison did not distinguish between scanning a phone's contents with special software and manually flipping through it.

And in a victory for journalists, the judge specifically acknowledged the First Amendment implications of cellphone searches too. She cited reporting by The Intercept and VICE about CPB searching journalists' cellphones "based on these journalists' ongoing coverage of politically sensitive issues" and warned that those phone searches could put confidential sources at risk. Wednesday's ruling adds to a stream of cases restricting the feds' ability to search travelers' electronics. The 4th and 9th Circuits, which cover the mid-Atlantic and Western states, have ruled that border police need at least "reasonable suspicion" of a crime to search cellphones. Last year, a judge in the Southern District of New York also ruled (PDF) that the government "may not copy and search an American citizen's cell phone at the border without a warrant absent exigent circumstances."

Nvidia's new R555 Linux driver series has significantly improved their open-source GPU kernel driver modules, achieving near parity with their proprietary drivers. Phoronix's Michael Larabel reports: The NVIDIA open-source kernel driver modules shipped by their driver installer and also available via their GitHub repository are in great shape. With the R555 series the support and performance is basically at parity of their open-source kernel modules compared to their proprietary kernel drivers. [...] Across a range of different GPU-accelerated creator workloads, the performance of the open-source NVIDIA kernel modules matched that of the proprietary driver. No loss in performance going the open-source kernel driver route. Across various professional graphics workloads, both the NVIDIA RTX A2000 and A4000 graphics cards were also achieving the same performance whether on the open-source MIT/GPLv2 driver or using NVIDIA's classic proprietary driver.

Across all of the tests I carried out using the NVIDIA 555 stable series Linux driver, the open-source NVIDIA kernel modules were able to achieve the same performance as the classic proprietary driver. Also important is that there was no increased power use or other difference in power management when switching over to the open-source NVIDIA kernel modules.

It's great seeing how far the NVIDIA open-source kernel modules have evolved and that with the upcoming NVIDIA 560 Linux driver series they will be defaulting to them on supported GPUs. And moving forward with Blackwell and beyond, NVIDIA is just enabling the GPU support along their open-source kernel drivers with leaving the proprietary kernel drivers to older hardware. Tests I have done using NVIDIA GeForce RTX 40 graphics cards with Linux gaming workloads between the MIT/GPL and proprietary kernel drivers have yielded similar (boring but good) results: the same performance being achieved with no loss going the open-source route. You can view Phoronix's performance results in charts here, here, and here.

US presidential candidate, Robert F. Kennedy Jr., announced during his keynote Friday at the Bitcoin Conference that he would direct the US government to buy Bitcoin until the size of its Bitcoin reserves matched its gold reserves. At current prices, that equates to $615 billion worth of gold.
RFK Jr. said: "I will sign an executive order directing the US Treasury to purchase 550 Bitcoin daily until the US has built a reserve of at least 4,000,000 Bitcoins and a position of dominance that no other country will be able to usurp."
4 million Bitcoin is 19% of all Bitcoin that will ever exist.

Internet service providers are pushing back against the Biden administration's requirement for low-cost options even as they are attempting to secure funds from a $42.45 billion government broadband initiative. The Broadband Equity, Access, and Deployment program, established by law to expand internet access, mandates that recipients offer affordable plans to eligible low-income subscribers, a stipulation the providers argue infringes on legal prohibitions against rate regulation. ISPs claim that the proposed $30 monthly rate for low-cost plans is economically unfeasible, especially in hard-to-reach rural areas, potentially undermining the program's goals by discouraging provider participation.

Online education company 2U filed for Chapter 11 bankruptcy protection and is being taken private in a deal that will wipe out more than half of its $945 million debt [non-paywalled link]. From a report: 2U was a pioneer in the online education space, joining with schools including the University of Southern California, Georgetown University and the University of North Carolina at Chapel Hill to design and operate online courses in fields including nursing and social work. But it struggled in recent years amid new competition and changing regulations. It also had a highly leveraged balance sheet with looming loan-repayment deadlines. 2U closed Wednesday with a market value of about $11.5 million, down from more than $5 billion in 2018. In 2021, 2U bought edX, an online platform for classes that was founded by Harvard University and the Massachusetts Institute of Technology. The debt from that $800 million deal for edX proved debilitating to 2U, WSJ reports.

Open AI models that allow developers to customize them with few restrictions are more likely to promote competition, FTC Chair Lina Khan said, weighing in on a key debate within the industry. From a report: "There's tremendous potential for open-weight models to promote competition," Khan said Thursday in San Francisco at startup incubator Y Combinator. "Open-weight models can liberate startups from the arbitrary whims of closed developers and cloud gatekeepers."

"Open-weight" models disclose what an AI model picked up and was tweaked on during its training process. That allows developers to better customize them and makes them more accessible to smaller companies and researchers. But critics have warned that open models carry an increased risk of abuse and could potentially allow companies from geopolitical rivals like China to piggyback off the technology. Khan's comments come as the Biden administration is considering guidance on the use and safety of open-weight models.

Russia admitted that it's deliberately slowing YouTube's loading speeds and said it plans to throttle the download speeds on the Google platform by up to 70% by the end of next week. Russia is taking this stand in response to Google's refusal to comply with the demands of the Russian authorities, local lawmaker Alexander Khinshtein said. From a report: Khinshtein, the head of the State Duma's Information Policy Committee, claimed that the move is "not aimed against Russian users, but against the administration of a foreign resource that still believes that it can violate and ignore our legislation with impunity."

More students are getting high scores on Advanced Placement tests, long seen as a gateway to elite college admissions as well as a way to earn college credit during high school. From a report: Changes by the tests' maker in recent years have shifted scores upward. That has led to hundreds of thousands of additional students getting what's considered a passing score -- 3 or above on the 1-to-5 scale -- on exams in popular courses including AP U.S. History and AP U.S. Government.

The nonprofit behind the tests, College Board, says it updated the scoring by replacing its panel of experts with a large-scale data analysis to better reflect the skills students learn in the courses. Some skeptical teachers, test-prep companies and college administrators see the recent changes as another form of grade inflation, and a way to boost the organization's business by making AP courses seem more attractive.

"It is hard to argue with the premise of AP, that students who are talented and academically accomplished can get a head start on college," said Jon Boeckenstedt, the vice provost of enrollment at Oregon State University. "But I think it's a business move." The number of students cheering their higher AP scores could rise again next year. The College Board said it is still recalibrating several other subjects, including its most popular course, AP English Language, which attracts more than half a million test takers.

Air pollution breathed in during childhood is one of the factors in adult lung health, according to a new study. From a report: The origins of the study date back to 1992 when researchers began investigating the effects of air pollution on groups of children in California. Some of these children are now in their 40s. Dr Erika Garcia and colleagues from the University of Southern California decided to see how they were getting on. More than 1,300 people replied and filled in detailed questionnaires on their income, lifestyle (including smoking), homes and health. This was matched against their childhood health and the local air pollution when they were growing up.

The first finding was that people with higher childhood exposures to particle pollution and nitrogen dioxide had a higher likelihood of bronchitic symptoms as an adult. This relationship was strongest for those who had developed asthma and lung problems as children, meaning these people had a vulnerability that continued into adulthood. The second finding was unexpected: a relationship existed between childhood air pollution and adult bronchitic symptoms for people who did not have lung problems as children. This suggests the damage from air pollution in childhood may only manifest in adult life. Garcia said: "This was surprising. We thought air pollutant effects on childhood asthma or bronchitic symptoms would be a major pathway by which childhood air pollution exposure affects adult respiratory health."

Longtime Slashdot reader sandbagger shares a blog post from Meta Engineer Jordan Eldredge, with the caption: A biography of jazz trumpeter Chet Baker, weird images, a worm.exe, random images, encrypted files, a gift a dad in Thailand had made for his two-and-a-half-year-old son, and much more could be found when investigating corrupt WinAmp files. Who knew? "In January of 2021, I was exploring the corpus of skins I collected for the Winamp Skin Museum and found some that seemed corrupted, so I decided to explore them," writes Eldredge. "Winamp skins are actually just zip files with a different file extension, so I tried extracting their files to see what I could find. This ended up leading me down a series of wild rabbit holes..."

In all, Eldredge found more than 16 distinct types of items -- most of which are completely random but intriguing nonetheless. "It's so interesting how if you get a large enough number of things that were created by real people, you can end up finding all kinds of crazy stuff!" concludes Eldredge. "This was such an amazingly strange and interesting ride!"

Yesterday, the Energy Information Agency (EIA) released electricity generation numbers for the first five months of 2024, revealing that solar power generation increased by 25% compared to the same period last year. Ars Technica's John Timmer reports: The EIA breaks down solar production according to the size of the plant. Large grid-scale facilities have their production tracked, giving the EIA hard numbers. For smaller installations, like rooftop solar on residential and commercial buildings, the agency has to estimate the amount produced, since the hardware often resides behind the metering equipment, so only shows up via lower-than-expected consumption.

In terms of utility-scale production, the first five months of 2024 saw it rise by 29 percent compared to the same period in the year prior. Small-scale solar was "only" up by 18 percent, with the combined number rising by 25.3 percent. Most other generating sources were largely flat, year over year. This includes coal, nuclear, and hydroelectric, all of which changed by 2 percent or less. Wind was up by 4 percent, while natural gas rose by 5 percent. Because natural gas is the largest single source of energy on the grid, however, its 5 percent rise represents a lot of electrons -- slightly more than the total increase in wind and solar.

Overall, energy use was up by about 4 percent compared to the same period in 2023. This could simply be a matter of changing weather conditions that required more heating or cooling. But there have been several trends that should increase electricity usage: the rise of bitcoin mining, growth of data centers, and the electrification of appliances and transport. So far, that hasn't shown up in the actual electricity usage in the US, which has stayed largely flat for decades. It could be possible that 2024 is the year where usage starts going up again. Since the findings are based on data from before some of the most productive months of the year for solar power, solar production for the year as a whole could increase by much more than 25%. Overall, the EIA predicts solar production could rise by as much as 42% in 2024.

Lindsay Clark reports via The Register: Only 14 percent of Oracle Java subscribers plan to stay on Big Red's runtime environment, according to a study following the introduction of an employee-based subscription model. At the same time, 36 percent of the 663 Java users questioned said they had already moved to the employee-based pricing model introduced in January 2023. Shortly after the new model was implemented, experts warned that it would create a significant price hike for users adopting it. By July, global tech research company Gartner was forecasting that those on the new subscription package would face between two and five times the costs compared with the previous usage-based model.

As such, among the 86 percent of respondents using Oracle Java SE who are currently moving or plan to move all or some of their Java applications off Oracle environments, 53 percent said the Oracle environment was too expensive, according to the study carried out by independent market research firm Dimensional Research. Forty-seven percent said the reason for moving was a preference for open source, and 38 percent said it was because of uncertainty created by ongoing changes in pricing, licensing, and support. [...]

To support OpenJDK applications in production, 46 percent chose a paid-for platform such as Belsoft Liberica, IBM Semeru, or Azul Platform Core; 45 percent chose a free supported platform such as Amazon Corretto or Microsoft Build of OpenJDK; and 37 percent chose a free, unsupported platform. Of the users who have already moved to OpenJDK, 25 percent said Oracle had been significantly more expensive, while 41 percent said Big Red's licensing had made it somewhat more expensive than the alternative. The survey found three-quarters of Java migrations were completed within a year, 23 percent within three months.

The U.S. Department of Commerce is ignoring Kaspersky's latest proposal to address cybersecurity concerns, despite the Russian firm's efforts to prove its products are free from Kremlin influence. Kaspersky's new framework includes localizing data processing in the U.S. and allowing third-party reviews. However, the Commerce Department hasn't responded to the security firm, which was recently banned by the U.S. Kaspersky told The Register it's pursuing legal options.

UN: The UN Secretary-General's Call to Action on Extreme Heat brings together the diverse expertise and perspectives of ten specialized UN entities (FAO, ILO, OCHA, UNDRR, UNEP, UNESCO, UN-Habitat, UNICEF, WHO, WMO) in a first-of-its-kind joint product, underscoring the multi-sectoral impacts of extreme heat.

Earth is becoming hotter and more dangerous for everyone, everywhere. Billions of people around the world are wilting under increasingly severe heatwaves driven largely by a fossil-fuel charged, human-induced climate crisis. Extreme heat is tearing through economies, widening inequalities, undermining the Sustainable Development Goals, and killing people.

The Call for Action calls for an urgent and concerted effort to enhance international cooperation to address extreme heat in four critical areas: Caring for the vulnerable - Protecting workers - Boosting resilience of economies and societies using data and science - Limiting temperature rise to 1.5C by phasing out fossil fuels and scaling up investment in renewable energy. From earlier today: Monday Was Hottest Recorded Day on Earth: 'Uncharted Territory'.

Minnesota has become the second state to pass what it's calling a "Jetsons law," establishing rules for cars that can take to the sky. New Hampshire was the first to enact a "Jetsons" law. From a report: The new road rules in Minnesota address "roadable aircraft," which is basically any aircraft that can take off and land at an airfield but is also designed to be operated on a public highway. The law will let owners of these vehicles register them as cars and trucks, but they won't have to obtain a license plate. The tail number will suffice instead.

As for operation, flying cars won't be allowed to take off or land on public roadways, Minnesota officials declared (an exception is made in the case of emergency). Those shenanigans are restricted to airports. While the idea of a Jetsons-like sky full of flying cars is still firmly rooted in the world of science fiction, the concept of flying cars isn't quite as distant as it might seem (though it has some high-profile skeptics). United Airlines, two years ago, made a $10 million bet on the technology, putting down a deposit for 200 four-passenger flying taxis from Archer Aviation, a San Francisco-based startup working on the aircraft/auto hybrid.

A U.S. appeals court has ruled that the Federal Communications Commission's Universal Service Fund, which collects fees on phone bills to support telecom network expansion and affordability programs, is unconstitutional, potentially upending the $8 billion-a-year system.

The 5th Circuit Court's 9-7 decision, which creates a circuit split with previous rulings in the 6th and 11th circuits, found that the combination of Congress's delegation to the FCC and the FCC's subsequent delegation to a private entity violates the Constitution's Legislative Vesting Clause. FCC Chairwoman Jessica Rosenworcel criticized the ruling as "misguided and wrong," vowing to pursue all available avenues for review.

Southwest Airlines announced Thursday that it will get rid of open seating in a sweeping change from its decades-long practice. Instead, it will begin assigning seats and offer premium seating with extra leg room. From a report: Southwest CEO Bob Jordan said, "Our implementation of assigned and premium seating is part of an ongoing and comprehensive upgrade to the Customer Experience, one that research shows Customers overwhelmingly prefer."

The low-fare airline has had a tradition of open seating for more than 50 years. Customers taking longer flights preferred assigned seats, according to Southwest. Airlines can also charge more for assigned and premium seating, enabling them to boost profits.

World temperature reached the hottest levels ever measured on Monday, beating the record that was set just one day before, data suggests. From a report: Provisional data published on Wednesday by the Copernicus Climate Change Service, which holds data that stretches back to 1940, shows that the global surface air temperature reached 62.87F (17.15C), compared with 62.76F (17.09C) on Sunday.

Earlier this month, Copernicus found that global temperatures between July 2023 and July 2024 were the highest on record. The previous record before this week was set a year ago on 6 July. Before that, the previous recorded hottest day was in 2016, according to the Associated Press.

A little-known spyware maker based in Minnesota has been hacked, TechCrunch reports, revealing thousands of devices around the world under its stealthy remote surveillance. From the report: A person with knowledge of the breach provided TechCrunch with a cache of files taken from the company's servers containing detailed device activity logs from the phones, tablets, and computers that Spytech monitors, with some of the files dated as recently as early June.

TechCrunch verified the data as authentic in part by analyzing some of the exfiltrated device activity logs that pertain to the company's chief executive, who installed the spyware on one of his own devices. The data shows that Spytech's spyware -- Realtime-Spy and SpyAgent, among others -- has been used to compromise more than 10,000 devices since the earliest-dated leaked records from 2013, including Android devices, Chromebooks, Macs, and Windows PCs worldwide. Spytech is the latest spyware maker in recent years to have itself been compromised, and the fourth spyware maker known to have been hacked this year alone, according to TechCrunch's running tally.