An anonymous reader quotes a report from the New York Times: When Romeo Chicco tried to get auto insurance in December, seven different companies rejected him. When he eventually obtained insurance, it was nearly double the rate he was previously paying. According to a federal complaint filed this week seeking class-action status, it was because his 2021 Cadillac XT6 had been spying on him. Modern cars have been called "smartphones with wheels," because they are connected to the internet and packed with sensors and cameras. According to the complaint, an agent at Liberty Mutual told Mr. Chicco that he had been rejected because of information in his "LexisNexis report." LexisNexis Risk Solutions, a data broker, has traditionally kept tabs for insurers on drivers' moving violations, prior insurance coverage and accidents.

When Mr. Chicco requested his LexisNexis file, it contained details about 258 trips he had taken in his Cadillac over the past six months. His file included the distance he had driven, when the trips started and ended, and an accounting of any speeding and hard braking or accelerating. The data had been provided by General Motors -- the manufacturer of his Cadillac. In a complaint against General Motors and LexisNexis Risk Solutions filed in the U.S. District Court for the Southern District of Florida, Mr. Chicco accused the companies of violation of privacy and consumer protection laws. The lawsuit follows a report by The New York Times that, unknown to consumers, automakers have been sharing information on their driving behavior with the insurance industry, resulting in increased insurance rates for some drivers.

The Federal Trade Commission (FTC) filed a legal complaint against two companies based in Cyprus on Wednesday that it claims are behind a wave of malicious pop-ups that trick people into downloading a fake piece of antivirus software that generated tens of millions of dollars for its operators, according to court records. From a report: The scam also involved misrepresenting results on malware repository VirusTotal as infections on the user's own computer. (Update: after the publication of this piece the FTC announced that Restoro and Reimage will pay $26 million to settle the FTC's charges.)

The move is the latest from the FTC in a series of actions in the privacy and cybersecurity space. In January, the FTC banned a data broker called X-Mode from selling sensitive location data after I revealed it was harvesting location data from Muslim prayer and dating apps. In this case, the FTC says it went "undercover" against the two related companies, called Restoro and Reimage, to buy the deceiving software and have phone calls with company representatives. "Since at least January 2018, Defendants have operated a tech support scheme that has bilked tens of millions of dollars from consumers, particularly older consumers," the FTC's complaint reads. The complaint is seeking a permanent injunction against the two companies as well as monetary relief.

Sam Bankman-Fried should spend between 40 and 50 years in prison after being convicted for stealing $8 billion from customers of his now-bankrupt FTX cryptocurrency exchange, prosecutors said on Friday. From a report: "His life in recent years has been one of unmatched greed and hubris; of ambition and rationalization; and courting risk and gambling repeatedly with other people's money," federal prosecutors in Manhattan wrote. "And even now Bankman-Fried refuses to admit what he did was wrong." A jury found Bankman-Fried, 32, guilty in November on seven counts of fraud and conspiracy.

Lawyers for the former billionaire told U.S. District Judge Lewis Kaplan that a 5-1/4 to 6-1/2 year prison term would be appropriate. They said FTX clients would get most of their money back, and that Bankman-Fried did not set out to steal. Kaplan is scheduled to sentence Bankman-Fried on March 28 in Manhattan federal court. Bankman-Fried plans to appeal his conviction and sentence.

Apple reached a $490 million settlement of a class-action lawsuit brought by a group of investors who accused Chief Executive Officer Tim Cook of misleading them in 2018 about the company's sales prospects. From a report: Cook made false statements about the company's business in China that caused Apple stock to trade at artificially inflated prices, the investors said in their complaint, which alleged violation of securities laws. Lawyers disclosed the proposed settlement in a request for judicial approval filed Friday in federal court in Oakland, California. The settlement comes as Apple continues to face headwinds in China, where iPhone sales fell by a surprising 24% over the first six weeks of this year, according to independent research released earlier this month. Attorneys for the investors described the settlement as the third-largest securities class-action recovery in the district's history.

The Supreme Court clarified when public officials can block critical constituents from their personal profiles without violating their constitutional protections in a unanimous decision Friday. From a report: After hearing appeals of two conflicting rulings -- one filed against school board members in Southern California and another filed against the city manager of Port Huron, Mich. -- the justices provided no definitive resolution to the disputes and instead sent both cases back to lower courts to apply the new legal test. In a unanimous decision authored by Justice Amy Coney Barrett, the court said state officials cannot block constituents on their personal pages when they have "actual authority to speak on behalf of the State on a particular matter" and "purported to exercise that authority in the relevant posts."

"For social-media activity to constitute state action, an official must not only have state authority -- he must also purport to use it," Barrett wrote. The case marked the latest battle over public officials' social media presence when they mesh their official and personal roles. The 6th U.S. Circuit Court of Appeals, which heard the Michigan case, sided with the city manager, James Freed, who deleted comments on his Facebook page left by a resident and blocked several of the resident's profiles. The resident, Kevin Lindke, had criticized Freed over his handling of the COVID-19 pandemic, court filings indicate.

New emails from before the launch of the Epic Games Store in 2018 show just how angry Epic CEO Tim Sweeney was with the "assholes" at companies like Valve and Apple for squeezing "the little guy" with what he saw as inflated fees. "The emails, which came out this week as part of Wolfire's price-fixing case against Valve (as noticed by the GameDiscoverCo newsletter), confront Valve managers directly for platform fees Sweeney says are 'no longer justifiable,'" writes Ars Technica's Kyle Orland. "They also offer a behind-the-scenes look at the fury Sweeney and Epic would unleash against Apple in court proceedings starting years later. From the report: The first mostly unredacted email chain from the court documents, from August 2017 (PDF), starts with Valve co-founder Gabe Newell asking Sweeney if there is "anything we [are] doing to annoy you?" That query was likely prompted by Sweeney's public tweets at the time questioning "why Steam is still taking 30% of gross [when] MasterCard and Visa charge 2-5% per transaction, and CDN bandwidth is around $0.002/GB." Later in the same thread, he laments that "the internet was supposed to obsolete the rent-seeking software distribution middlemen, but here's Facebook, Google, Apple, Valve, etc." Expanding on these public thoughts in a private response to Newell, Sweeney allows that there was "a good case" for Steam's 30 percent platform fee "in the early days." But he also argues that the fee is too high now that Steam's sheer scale has driven down operating costs and made it harder for individual games to get as much marketing or user acquisition value from simply being available on the storefront.

Sweeney goes on to spitball some numbers showing how Valve's fees are contributing to the squeeze all but the biggest PC game developers were feeling on their revenues: "If you subtract out the top 25 games on Steam, I bet Valve made more profit from most of the next 1,000 than the developer themselves made. These guys are our engine customers and we talk to them all the time. Valve takes 30% for distribution; they have to spend 30% on Facebook/Google/Twitter [user acquisition] or traditional marketing, 10% on server, 5% on engine. So, the system takes 75% and that leaves 25% for actually creating the game, worse than the retail distribution economics of the 1990's." Based on experience with Fortnite and Paragon, Sweeney estimates that the true cost of distribution for PC games that sell for $25 or more in Western markets "is under 7% of gross." That's only slightly lower than the 12 percent take Epic would establish for its own Epic Games Store the next year.

The second email chain (PDF) revealed in the lawsuit started in November 2018, with Sweeney offering Valve a heads-up on the impending launch of the Epic Games Store that would come just weeks later. While that move was focused on PC and Mac games, Sweeney quickly pivots to a discussion of Apple's total control over iOS, the subject at the time of a lawsuit whose technicalities were being considered by the Supreme Court. Years before Epic would bring its own case against Apple, Sweeney was somewhat prescient, noting that "Apple also has the resources to litigate and delay any change [to its total App Store control] for years... What we need right now is enough developer, press, and platform momentum to steer Apple towards fully opening up iOS sooner rather than later." To that end, Sweeney attempted to convince Valve that lowering its own platform fees would hurt Apple's position and thereby contribute to the greater good: "A timely move by Valve to improve Steam economics for all developers would make a great difference in all of this, clearly demonstrating that store competition leads to better rates for all developers. Epic would gladly speak in support of such a move anytime!"

In a follow-up email on December 3, just days before the Epic Games Store launch, Sweeney took Valve to task more directly for its policy of offering lower platform fees for the largest developers on Steam. He offered some harsh words for Valve while once again begging the company to serve as a positive example in the developing case against Apple: "Right now, you assholes are telling the world that the strong and powerful get special terms, while 30% is for the little people. We're all in for a prolonged battle if Apple tries to keep their monopoly and 30% by cutting backroom deals with big publishers to keep them quiet. Why not give ALL developers a better deal? What better way is there to convince Apple quickly that their model is now totally untenable?" After being forwarded the message by Valve's Erik Johnson, Valve COO Scott Lynch simply offered up a sardonic "You mad bro?"

An anonymous reader quotes a report from The Verge: When Nintendo sued the developers of Yuzu out of existence on March 4th, it wasn't just an attack on the leading way to play Nintendo Switch games without a Switch. It was a warning to anyone building a video game emulator. Seven developers have now stepped away from projects, are shutting them down, or have left the emulation scene entirely. Of those that remain, many are circling the wagons, getting quieter and more careful, trying not to paint targets on their backs. Four developers declined to talk to The Verge, telling me they didn't want to draw attention. One even tried to delete answers to my questions after we'd begun, suddenly scared of attracting press.

Not everyone is so afraid. Four other emulator teams tell me they're optimistic Nintendo won't challenge them, that they're on strong legal footing, and that Yuzu may have been an unusually incriminating case. One decade-long veteran tells me everyone's just a bit more worried. But when I point out that Nintendo didn't have to prove a thing in court, they all admit they don't have money for lawyers. They say they'd probably be forced to roll over, like Yuzu, if the Japanese gaming giant came knocking. "I would do what I'd have to do," the most confident of the four tells me. "I would want to fight it... but at the same time, I know we exist because we don't antagonize Nintendo."

There's a new meme where Yuzu is the mythical Hydra: cut off one head, and two more take its place. It's partly true in how multiple forks of Yuzu (and 3DS emulator Citra) sprung up shortly after their predecessors died: Suyu, Sudachi, Lemonade, and Lime are a few of the public names. But they're not giving Nintendo the middle finger: they're treating Nintendo's lawsuit like a guidebook about how not to piss off the company. In its legal complaint, Nintendo claimed Yuzu was "facilitating piracy at a colossal scale," giving users "detailed instructions" on how to "get it running with unlawful copies of Nintendo Switch games," among other things. Okay, no more guides, say the Switch emulator developers who spoke to me. They also say they're stripping out some parts of Yuzu that made it easier to play pirated games. As Ars Technica reported, a forked version called Suyu will require you to bring the firmware, title.keys, and prod.keys from your Switch before you can decrypt and play Nintendo games. Only one of those was technically required before. (Never mind that most people don't have an easily hackable first-gen Switch and would likely download these things off the net.) The developer of another fork tells me he plans to do something similar, making users "fend for yourself" by making sure the code doesn't auto-generate any keys.

Most developers I spoke to are also trying to make it clear they aren't profiting at Nintendo's expense. One who initially locked early access builds behind a donation page has stopped doing that, making them publicly available on GitHub instead. The leader of another project tells me nothing will ever be paywalled, and for now, there's "strictly no donation," either. When I ask about the Dolphin Emulator, which faced a minor challenge from Nintendo last year, I'm told it publicly exposes its tiny nonprofit budget for anyone to scrutinize. But I don't know that these steps are enough to prevent Nintendo from throwing around its weight again, particularly when it comes to emulating the Nintendo Switch, its primary moneymaker. Since Yuzu's shut down, a slew of other emulators left the scene. The include (as highlighted by The Verge):

- The Citra emulator for Nintendo 3DS is gone
- The Pizza Boy emulators for Nintendo Game Boy Advance and Game Boy Color are gone
- The Drastic emulator for Nintendo DS is free for now and will be removed
- The lead developer of Yuzu and Citra has stepped away from emulation
- The lead developer of Strato, a Switch emulator, has stepped away from emulation
- Dynarmic, used to speed up various emulators including Yuzu, has abruptly ended development
- One contributor on Ryujinx, a Switch emulator, has stepped away from the project
- AetherSX2, a PS2 emulator, is finally gone (mostly unrelated; development was suspended a year ago)

theodp writes: Tech-backed nonprofit Code.org on Wednesday fired the latest salvo in its legal battle over $3 million in unpaid licensing fees for the use of Code.org's free [for non-commercial purposes] K-12 computer science curriculum by WhiteHat Jr., the learn-to-code edtech company with a controversial past that was bought for $300M in 2020 by Byju's, another edtech firm that received a $50M investment from Mark Zuckerberg's venture firm that still touts its ties to Zuckerberg on its Investors page.

In a filing in support of a motion for default judgement, Code.org founder and CEO Hadi Partovi wrote: "Whitehat's continued use of Code.org's platform and content without payment following Code.org's termination of the Agreement has caused, and is continuing to cause, irreparable injury to Code.org, because it undermines Code.org's charitable and nonprofit purpose of expanding access to computer science in schools and increasing participation by young women and students from other underrepresented groups and because it jeopardizes Code.org's status as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986. As a Section 501(c)(3) tax exempt organization, Code.org may not use its assets to benefit for-profit entities without receiving fair compensation."

According to the [proposed] default judgement, "Code.org is awarded the principal amount sued for of $3,000,000, along with attorneys' fees, costs, and expenses in an amount to be determined following Code.org's submission of an application, together with pre-judgment interest of $216,001.16, from May 26, 2023 to March 13, 2024, and any additional pre-judgment interest that may accrue until the date of judgment, calculated at the rate of 9% per annum pursuant to CPLR 5001 and 5004, plus any post-judgment interest at the statutory rate, for a total judgment in the amount of $[TBD]."

A judge in the UK High Court has declared that Australian computer scientist Craig Wright is not Satoshi Nakamoto, the creator of Bitcoin, marking the end of a years-long debate. From a report: "The evidence is overwhelming," said Honourable Mr. Justice James Mellor, delivering a surprise ruling at the close of the trial. "Dr. Wright is not the author of the Bitcoin white paper. Dr. Wright is not the person that operated under the pseudonym Satoshi Nakamoto. Dr. Wright is not the person that created the Bitcoin system. Nor is Dr. Wright the author of the Bitcoin software," he said.

The ruling brings to a close a six-week trial, in which the Crypto Open Patent Alliance, a nonprofit consortium of crypto companies, asked the court to declare that Wright is not Satoshi on the basis that he had allegedly fabricated his evidence and contorted his story repeatedly as new inconsistencies came to light. "After all the evidence in this remarkable trial, it is clear beyond doubt that Craig Wright is not Satoshi Nakamoto," claimed Jonathan Hough, legal counsel for COPA, as he began his closing submissions on Tuesday. "Wright has lied, and lied, and lied."

Roman Sterlingov, the founder of a $400 million crypto-mixing service called Bitcoin Fog, has been convicted of money laundering in a United State District Court on Tuesday. Other charges include money laundering conspiracy, operating an unlicensed money-transmitting business, and violations of the D.C. Money Transmitters Act. CoinTelegraph reports: Sterlingov, however, had argued throughout the trial that he was only a user of the service, and not its operator. His attorney, Tok Ekeland said in a March 12 X post that his team will appeal the verdict. According to evidence presented at the trial, Sterlingov operated Bitcoin Fog from October 2011 to April 2021, which acted as a money laundering service for "criminals seeking to hide their illicit proceeds from law enforcement."

The service moved over 1.2 million Bitcoin over the decade-long operation -- worth $400 million at the time of the transactions -- with the bulk of cryptocurrency coming from darknet marketplaces tied to narcotics, computer fraud abuse and identity theft, the government said. Bitcoin Fog also served distributors of child sexual abuse material. Evidence used to convict Sterlingov found that the "vast majority" of crypto deposited to his crypto exchange accounts came from "Bitcoin clusters" associated with Bitcoin Fog. "Evidence presented at trial clearly showed that the defendant laundered hundreds of millions of illicit funds from the dark web through Bitcoin Fog in an attempt to conceal the origin of those funds," said Internal Revenue Service (IRS) Criminal Investigation Chief Jim Lee.

Following the U.S. Supreme Court's decision to end affirmative action in college admissions, there has been increased scrutiny on legacy admissions -- the practice of giving special considerations to the relatives of alumni. Critics say this practice disproportionately benefits white students from wealthy backgrounds. Much of the discussion and research on legacy admissions focuses on Ivy League and other highly selective schools, but these colleges enroll only a small share of students. How widespread is the practice of legacy admissions? Is it common among public colleges? Brookings: In this report, we document the prevalence of legacy admissions, as reported by colleges, across higher education around the time of the SFFA decision. Legacy admissions were more often used at selective and private institutions, but a substantial minority of public and less selective institutions also considered legacy status in admissions. The use of legacy preferences appears to have been most common in the Northeast and South and least common in the West. There is substantial -- but incomplete -- overlap in the colleges that considered legacy status and those that practiced affirmative action (AA) prior to SFFA. A number of colleges, including some public colleges, said they considered relationships to alumni but not racial identity in admissions.

While most state flagships don't consider legacy status in admissions, half have at least one scholarship opportunity that is catered to legacy students. Because the data are available with a lag, we do not know how many colleges have changed their legacy admissions policies in response to the Court's decision on affirmative action, but press reports and our conversations with admissions representatives indicate that some colleges have changed course in the past few years, including at least five state flagships.

The effect of legacy preferences on who enrolls at a particular university may not be substantial overall. Many of the colleges that use legacy admissions are not that selective, and the scholarships for relatives of alumni are typically small. Still, even if the number of students directly displaced by legacies who had a leg up is ultimately not that large, the practice sends students the wrong signal about what's important and is contrary to the mission of a public university. In a recent survey, half of first-generation college students said they thought legacy admissions practices may have hurt their chances. Perceptions of an unfair admissions process might also make some students less likely to apply or undermine the perceived legitimacy of higher education, though we did not find research on this topic.

Epic Games, which makes the popular video game "Fortnite," on Wednesday accused Apple of violating an injunction governing its lucrative App Store, and asked a U.S. judge to hold Apple in contempt and end its "sham" compliance. From a report: A September 2021 injunction by U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California, let developers provide links and buttons that direct consumers to other means to pay for digital content.

In a filing with the California court, Epic alleged that Apple is in "blatant violation" of that injunction, despite the Cupertino, California-based company's assurance in a Jan. 16 court notice that it had "fully complied." Epic said Apple has imposed new rules and a new 27% fee on developers for some purchases, which taken together make the links "commercially unusable." The Cary, North Carolina-based developer also said Apple continues to "categorically prohibit" buttons, and still forbids some apps from telling users they have other purchasing options.

An anonymous reader quotes a report from Reuters: The New York Times has denied claims by OpenAI that it "hacked" the company's artificial intelligence systems to create misleading evidence of copyright infringement, calling the accusation as "irrelevant as it is false." The Times in a court filing on Monday said OpenAI was "grandstanding" in its request to dismiss parts of the newspaper's lawsuit alleging its articles were misused for artificial intelligence training. The Times sued OpenAI and its largest financial backer Microsoft in December, accusing them of using millions of its articles without permission to train chatbots to provide information to users.

The newspaper is among several prominent copyright owners including authors, visual artists and music publishers that have sued tech companies over the alleged misuse of their work in AI training. The Times' complaint cited several instances in which programs like OpenAI's popular chatbot ChatGPT gave users near-verbatim excerpts of its articles when prompted. OpenAI responded last month that the Times had paid an unnamed "hired gun" to manipulate its products into reproducing the newspaper's content. It asked the court to dismiss parts of the case, including claims that its AI-generated content infringes the Times' copyrights. "In the ordinary course, one cannot use ChatGPT to serve up Times articles at will," OpenAI said. The company also said it would eventually prove that its AI training made fair use of copyrighted content.

The Times replied on Monday that it had simply used the "first few words or sentences" of its articles to prompt ChatGPT to recreate them. "OpenAI's true grievance is not about how The Times conducted its investigation, but instead what that investigation exposed: that Defendants built their products by copying The Times's content on an unprecedented scale -- a fact that OpenAI does not, and cannot, dispute," the Times said.

Controversial eyeball scanning startup Worldcoin has failed to get an injunction against a temporary suspension ordered Wednesday by Spain's data protection authority, the AEPD. TechCrunch: The authority used emergency powers contained in the European Union's General Data Protection Regulation (GDPR) to make the local order, which can apply for up to three months. It said it was taking the precautionary measure against Worldcoin's operator, Tools for Humanity, in light of the sensitive nature of the biometric data being collected, which could pose a high risk to the rights and freedoms of individuals. It also raised specific concerns about risks to minors, citing complaints received.

Today a Madrid-based High Court declined to grant an injunction against the AEPD's order, saying that the "safeguarding of public interest" must be prioritized. As we reported Friday, the crypto blockchain biometrics digital identity firm shuttered scanning in the market shortly after the AEPD order -- which gave it 72 hours to comply. Today's court decision means Worldcoin's services remain suspended in Spain -- for up to three months.

Roughly $138 billion in U.S. student loan debt has now been cancelled, reports CNN. "That's about one-third of the $430 billion that would've been canceled under the president's one-time forgiveness plan, which was struck down by the Supreme Court last year."

It's 9% of all outstanding federal student loan debt, according to the article, "wiping out debts for about 3.9 million borrowers — by using a number of existing programs that aim to offer debt relief for certain groups of struggling borrowers..." What President Biden has been doing — before and after the Supreme Court ruling — is using existing student loan forgiveness programs to deliver relief to certain groups of borrowers, like public-sector workers (through the Public Service Loan Forgiveness program) and borrowers who were defrauded by their college (through the borrower defense to repayment program). His administration also made discharges for borrowers who are totally and permanently disabled. None of these programs expire, meaning they will help qualifying borrowers now and in the future. In some cases, Biden's administration has expanded the reach of these programs, making more borrowers eligible.

And in other cases, it has made an effort to correct past administrative errors made to borrowers' student loan accounts by conducting a one-time recount of borrowers' past payments. This effort helps make sure people receive the loan forgiveness they may already qualify for by having made at least 20 years of payments in an income-driven plan, which calculates monthly payment amounts based on a borrower's income and family size, rather than the amount owed. The recount is expected to be completed by July...

Last year, the administration created a new income-driven repayment plan. Known as SAVE, the new plan offers the most generous terms for low-income borrowers. Those who originally borrowed $12,000 or less will see their remaining debt canceled after making payments for at least 10 years... [The administration] is working on implementing another path toward a broad student loan forgiveness program, this time relying on a different legal authority in hopes that this attempt holds up in court. This proposal is currently making its way through a lengthy rulemaking process and has yet to be finalized.

As reported by 404 Media, the New York Times has issued hundreds of copyright takedown requests against Wordle clones "in which it asserts not just ownership over the Wordle name but over the broad concepts and mechanics of the word game, which includes its '5x6 grid' and 'green tiles to indicate correct guesses.'" From the report: The Times filed at least three DMCA takedown requests with coders who have made clones of Wordle on GitHub. These include two in January and, crucially, a new DMCA filed this week against Chase Wackerfuss, the coder of a repository called âoeReactle,â which cloned Wordle in React JS (JavaScript). The most recent takedown request is critical because it not only goes after Reactle but anyone who has forked Reactle to create a different spinoff game; an archive of the Reactle code repository shows that it was forked 1,900 times to create a diverse set of games and spinoffs. These include Wordle clones in dozens of languages, crossword versions of Wordle, emoji and bird versions of world, poker and AI spinoffs, etc.

"I write to submit a revised DMCA Notice regarding an infringing repository (and hundreds of forked repositories) hosted by Github that instruct users how to infringe The New York Times Co.'s ('The Times') copyright in its immensely popular Wordle game and create knock-off copies of the same. Unfortunately, hundreds of individuals have followed these instructions and published infringing Wordle knock-off games that The Times has spent the past month removing, including off of Github's websites," the DMCA takedown request against Reactle reads. "The Times's Wordle copyright includes the unique elements of its immensely popular game, such as the 5x6 grid, green tiles to indicate correct guesses, yellow tiles to indicate the correct letter but the wrong place within the word, and the keyboard directly beneath the grid. This gameplay is copied exactly in the repository, and the owner instructs others how to knock off the game and create an identical word game," it adds.

The DMCA request then says that GitHub must delete forks of the repository, which it writes were "infringing to the same extent as the parent repository" and which it says were made in what was "clearly bad faith." [...] The DMCA takedown requests are particularly notable because they come at a time when the New York Times is financially thriving, while many of its competitors are losing money, laying people off, and shutting down. The Times is thriving in part because Wordle, the crossword puzzle, and its recipe apps are juggernauts. The company has been aggressively expanding its "Games" business with Wordle, Connections, and a brand new word search game called Strands. The New York Times issued a statement in response: "The Times has no issue with individuals creating similar word games that do not infringe The Times's 'Wordle' trademarks or copyrighted gameplay. The Times took action against a GitHub user and others who shared his code to defend its intellectual property rights in Wordle. The user created a 'Wordle clone' project that instructed others how to create a knock-off version of The Times's Wordle game featuring many of the same copyrighted elements. As a result, hundreds of websites began popping up with knock-off 'Wordle' games that used The Times's 'Wordle' trademark and copyrighted gameplay without authorization or permission."

innocent_white_lamb shares a report from CBC News: In June, a Court of King's Bench judge ordered Swift Current farmer Chris Achter to pay more than $82,000 to a grain buyer with South West Terminal (SWT). The ruling stems from a text message when the buyer, Kent Mickleborough, asked Achter to confirm a flax contract that requested more than 85 tons of flax to be delivered in the fall at about $670 per ton. Achter responded with a thumbs-up emoji. The case hinges on whether the emoji confirmed the contract, or only confirmed receipt of it -- and whether an emoji can ever be used as a signature.

In his June decision ruling in SWT's favor, Justice Timothy Keene wrote, "This court readily acknowledges that a [thumbs-up] emoji is a non-traditional means to 'sign' a document but nevertheless under these circumstances this was a valid way to convey the two purposes of a 'signature.'" Achter is now appealing that ruling.

"Our position is that the emoji cannot be a signature, basically because it does not convey the intention to be bound by an agreement the same as a normal signature would," said Jean-Pierre Jordaan, counsel for the defendant, in court on Tuesday. The counsel for SWT disputed that. "Can a text message chain, with a clear offer and -- in our submissions -- a clear acceptance by thumbs up emoji, constitute a note or memorandum signed by the party to be charged, pursuant to section six of the Sale of Goods Act?" counsel posed. "Our answer to that question is yes; there is no magic in a signature." The three appeal judges reserved their decision for an undetermined date.

In a first-of-its-kind prosecution, a California man was arrested and charged Monday with allegedly smuggling potent, greenhouse gases from Mexico. From a report: Michael Hart, a 58-year-old man from San Diego, pleaded not guilty to smuggling hydrofluorocarbons, or HFCs -- commonly used in air conditioning and refrigeration -- and selling them for profit, in a federal court hearing Monday. According to the indictment, Hart allegedly purchased the HFCs in Mexico and smuggled them into the US in the back of his truck, concealed under a tarp and tools. He is then alleged to have sold them for a profit on sites including Facebook Marketplace and OfferUp. [...] Hart has pleaded not guilty to 13 charges including conspiracy, importation contrary to law and sale of merchandise imported contrary to law. The charges carry potential prison sentences ranging from five to 20 years.

HFCs, which are also used in building insulation, fire extinguishing systems and aerosols, are banned from import into the US without permission from the Environmental Protection Agency. These greenhouse gases are short-lived in the atmosphere," but powerful -- some are thousands of times more potent than carbon dioxide in the near-term. "The illegal smuggling of hydrofluorocarbons, a highly potent greenhouse gas, undermines international efforts to combat climate change," said David M. Uhlmann, the assistant administrator for the EPA's Office of Enforcement and Compliance Assurance. "Anyone who seeks to profit from illegal actions that worsen climate change must be held accountable," he added. "Today is a significant milestone for our country," said US Attorney Tara McGrath in a statement. "This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last."

Microsoft has filed a motion seeking to dismiss key parts of a lawsuit The New York Times filed against the company and Open AI, accusing them of copyright infringement. From a report: If you'll recall, The Times sued both companies for using its published articles to train their GPT large language models (LLMs) without permission and compensation. In its filing, the company has accused The Times of pushing "doomsday futurology" by claiming that AI technologies pose a threat to independent journalism. It follows OpenAI's court filing from late February that's also seeking to dismiss some important elements on the case.

Like OpenAI before it, Microsoft accused The Times of crafting "unrealistic prompts" in an effort to "coax the GPT-based tools" to spit out responses matching its content. It also compared the media organization's lawsuit to Hollywood studios' efforts to " stop a groundbreaking new technology:" The VCR. Instead of destroying Hollywood, Microsoft explained, the VCR helped the entertainment industry flourish by opening up revenue streams. LLMs are a breakthrough in artificial intelligence, it continued, and Microsoft collaborated with OpenAI to "help bring their extraordinary power to the public" because it "firmly believes in LLMs' capacity to improve the way people live and work."

An anonymous reader quotes a report from Ars Technica: Jack Teixeira, the National Guard airman who leaked confidential military documents on Discord, agreed Monday to plead guilty, promising to cooperate with officials attempting to trace the full extent of government secrets leaked. Under the plea deal, Teixeira will serve a much-reduced sentence, The Boston Globe reported, recommended between 11 years and 16 years and eight months. Previously, Teixeira had pleaded not guilty to six counts of "willful retention and transmission of national defense information," potentially facing up to 10 years per count. During a pretrial hearing, prosecutors suggested he could face up to 25 years, The Globe reported.

By taking the deal, Teixeira will also avoid being charged with violations of the Espionage Act, The New York Times reported, including allegations of unlawful gathering and unauthorized removal of top-secret military documents. According to prosecutors, it was clear that Teixeira, 22, was leaking sensitive documents -- including national security secrets tied to US foreign adversaries and allies, including Russia, China, Ukraine, and South Korea -- just to impress his friends on Discord -- some of them teenage boys. Investigators found no evidence of espionage. US District Judge Indira Talwani will decide whether or not to sign off on the deal at a hearing scheduled for September 27.