Longtime Slashdot reader SonicSpike shares a report from Politico: The creator of a video that used artificial intelligence to imitate Kamala Harris is suing the state of California after Gov. Gavin Newsom signed laws restricting the use of digitally altered political "deepfakes," alleging First and 14th Amendment violations. Christopher Kohls, who goes by the name "Mr Reagan" on X, has been at the center of a debate over the use of AI-generated material in elections since he posted the video in July, calling it a parody of a Harris campaign ad. It features AI-generated clips mimicking Harris' voice and saying she's the "ultimate diversity hire." The video was shared by X owner Elon Musk without calling it parody and attracted the ire of Newsom, who vowed to ban such content.

The suit (PDF), filed Tuesday in federal court, seeks permanent injunctions against the laws. One of the laws in question, the Defending Democracy from Deepfake Deception Act, specifies that it does not apply to satire or parody content. It requires large online platforms to remove or label deceptive, digitally altered media during certain periods before or after an election. Newsom spokesperson Izzy Gardon said in a statement that Kohls had already labeled the post as a parody on X. "Requiring them to use the word 'parody' on the actual video avoids further misleading the public as the video is shared across the platform," Gardon said. "It's unclear why this conservative activist is suing California. This new disclosure law for election misinformation isn't any more onerous than laws already passed in other states, including Alabama."

Joe_Dragon shares a report: Four more large Internet service providers told the US Supreme Court this week that ISPs shouldn't be forced to aggressively police copyright infringement on broadband networks. While the ISPs worry about financial liability from lawsuits filed by major record labels and other copyright holders, they also argue that mass terminations of Internet users accused of piracy "would harm innocent people by depriving households, schools, hospitals, and businesses of Internet access."

The legal question presented by the case "is exceptionally important to the future of the Internet," they wrote in a brief filed with the Supreme Court on Monday. The amici curiae brief was filed by Altice USA (operator of the Optimum brand), Frontier Communications, Lumen (aka CenturyLink), and Verizon. The brief supports cable firm Cox Communications' attempt to overturn its loss in a copyright infringement lawsuit brought by Sony. Cox petitioned the Supreme Court to take up the case last month.

Sony and other music copyright holders sued Cox in 2018, claiming it didn't adequately fight piracy on its network and failed to terminate repeat infringers. A US District Court jury in the Eastern District of Virginia ruled in December 2019 that Cox must pay $1 billion in damages to the major record labels. Cox won a partial victory when the US Court of Appeals for the 4th Circuit vacated the $1 billion verdict, finding that Cox wasn't guilty of vicarious infringement because it did not profit directly from infringement committed by users of its cable broadband network. But the appeals court affirmed the jury's finding of willful contributory infringement and ordered a new damages trial.

schwit1 shares a report from SpaceNews: The FAA announced Sept. 17 that it notified SpaceX of $633,009 in proposed fines for violating terms of its launch licenses during the June 2023 Falcon 9 launch of the Satria-1, or PSN Satria, broadband satellite and the July 2023 Falcon Heavy launch of Jupiter-3, or EchoStar-24, broadband satellite. Both launches were successful.

For the Satria-1 launch, the FAA said in its enforcement notice (PDF) to the company that SpaceX had requested in May 2023 changes to its communications plan to allow the use of a new launch control center at the company's "Hangar X" facility at the Kennedy Space Center and to skip a poll of launch controllers at two hours before liftoff. The FAA notified SpaceX shortly before the scheduled launch that it would not be able to approve those changes and modify the license in time, although the enforcement notice did not state why. SpaceX went ahead and used the Hangar X control center and skipped the "T-2 hours" poll for the launch. The agency concluded that violated two conditions of its launch license, which allowed for civil penalties of up to $283,009 each. The FAA said it planned to fine SpaceX a combined $350,000 for that launch.

A month later, SpaceX conducted the Falcon Heavy launch of Jupiter-3, but nine days before the launch the company requested a modification to its launch license to allow it to use a new tank farm for RP-1 fuel at KSC's Launch Complex 39A, according to a separate enforcement notice. The FAA notified SpaceX two days before the scheduled launch that the agency would not be able to modify the license in time, but SpaceX nonetheless used the new tank farm for the launch. The agency said it proposed to fine SpaceX the maximum $283,009 for that violation. Instead of participating in administrative procedures, SpaceX CEO Elon Musk said it would take the FAA to court. "SpaceX will be filing suit against the FAA for regulatory overreach," he posted on X.

An anonymous reader quotes a report from Ars Technica: The Senate Judiciary Committee is scheduled to consider two bills Thursday that would effectively nullify the Supreme Court's rulings against patents on broad software processes and human genes. Open source and Internet freedom advocates are mobilizing and pushing back. The Patent Eligibility Restoration Act (or PERA, S. 2140), sponsored by Sens. Thom Tillis (R-NC) and Chris Coons (D-Del.), would amend US Code such that "all judicial exceptions to patent eligibility are eliminated." That would include the 2014 ruling in which the Supreme Court held, with Justice Clarence Thomas writing, that simply performing an existing process on a computer does not make it a new, patentable invention. "The relevant question is whether the claims here do more than simply instruct the practitioner to implement the abstract idea of intermediated settlement on a generic computer," Thomas wrote. "They do not." That case also drew on Bilski v. Kappos, a case in which a patent was proposed based solely on the concept of hedging against price fluctuations in commodity markets. [...]

Another wrinkle in the PERA bill involves genetic patents. The Supreme Court ruled in June 2013 that pieces of DNA that occur naturally in the genomes of humans or other organisms cannot, themselves, be patented. Myriad Genetics had previously been granted patents on genes associated with breast and ovarian cancer, BRCA1 and BRCA2, which were targeted in a lawsuit led by the American Civil Liberties Union (ACLU). The resulting Supreme Court decision -- this one also written by Thomas -- found that information that naturally occurs in the human genome could not be the subject to a patent, even if the patent covered the process of isolating that information from the rest of the genome. As with broad software patents, PERA would seemingly allow for the patenting of isolated human genes and connections between those genes and diseases like cancer. [...] The Judiciary Committee is set to debate and potentially amend or rewrite PREVAIL and PERA (i.e. mark up) on Thursday.

Late last month, Brazilian Justice Alexandre de Moraes ordered X to suspend operations in Brazil after a months-long dispute with X owner Elon Musk. The conflict centered on Musk's refusal to appoint a legal representative in the country and his refusal to take down disinformation and far-right accounts. However, on Wednesday, X bypassed the court-ordered block by utilizing third-party cloud services, allowing many Brazilian users to access the platform without the need for a virtual private network (VPN). From a report: The number of Brazilians accessing X is unknown, according to [Abrint, the Brazilian Association of Internet and Telecommunications Providers]. "I believe the change was probably intentional. Why would X use a third-party service that ends up being slower than its own?" said Basilio Perez, a board member at Abrint.

Any revised order from Brazil's national telecommunications agency Anatel, which is responsible for implementing the court ruling, will need to be more specific, because blocking cloud access is complex and may jeopardize government agencies and financial services providers, Perez said.

Anatel has identified the problem and is working to first notify content delivery network providers, followed by telecom companies to block access again to X in Brazil, according to a person familiar with the situation. The same person said it is not clear how long it will take for the providers to comply with the order...

In a statement tweeted from X's global government affairs account, the company said the restoration of service was an "inadvertent and temporary" side-effect of switching network providers.

An anonymous reader shares a report: Last week, the FBI took control of a botnet made up of hundreds of thousands of internet-connected devices, such as cameras, video recorders, storage devices, and routers, which was run by a Chinese government hacking group, FBI director Christopher Wray and U.S. government agencies revealed Wednesday. The hacking group, dubbed Flax Typhoon, was "targeting critical infrastructure across the U.S. and overseas, everyone from corporations and media organizations to universities and government agencies," Wray said at the Aspen Cyber Summit cybersecurity conference on Wednesday.

"But working in collaboration with our partners, we executed court-authorized operations to take control of the botnet's infrastructure," Wray said, explaining that once the authorities did that, the FBI also removed the malware from the compromised devices. "Now, when the bad guys realized what was happening, they tried to migrate their bots to new servers and even conducted a [Distributed Denial of Service] attack against us."

Former MoviePass CEO Mitch Lowe pleaded guilty to securities fraud, admitting he misled investors about the viability of the company's $9.95-a-month movie subscription service, and faces up to five years in prison. His co-defendant, former Helios and Matheson CEO Ted Farnsworth, faces similar charges and is scheduled for trial in March 2025; Farnsworth has been in federal custody since August 2023 due to bond violations involving misuse of company funds. Variety reports: Farnsworth and Lowe were the architects of MoviePass' doomed all-you-can-watch offering, which resulted in hundreds of millions of dollars in investor losses in 2017 and 2018. Investigators found that Lowe tried to stem the losses by throttling the service, forcing high-volume users to reset their passwords and verify their tickets. The two men were charged in November 2022 on counts of wire fraud and securities fraud. According to Lowe's plea agreement, the government estimates the total losses from the scheme at $303 million -- though Lowe contends it is less than that. Lowe remains free on bond, and is due back in court in Miami on March 21 for a status conference. Lowe published a memoir in 2022 in which he reflected on the downfall of MoviePass, entitled "Watch and Learn: How I Turned Hollywood Upside Down with Netflix, Redbox, and Moviepass."

The New York Times looks at "a third-generation family firm" in Paraguay "with 280 workers that packages hot sauce, soy beans...and seven kinds of salt for sale in Paraguayan supermarkets."

Its mascot — on t-shirts, coffee cups, and "in heavy demand at Paraguayan weddings" — is a mouse named Mickey. 51-year-old Viviana Blasco — one of five siblings who run the business — told the Times that it all began back in 1935: Ms. Blasco's grandfather, Pascual, the son of Italian immigrants, saw an opportunity to spread some joy — and turn a profit. He opened a tiny shop selling fruit and homemade gelato. It was called Mickey... Pascual, she said, often vacationed in Buenos Aires — Argentina's cosmopolitan capital... "On one of his trips, he must have seen the famous mouse," Ms. Blasco said... A few years later, Pascual opened the Mickey Ice Cream Parlor, Café and Confectioners. By 1969, Mickey was selling rice, sugar and baking soda in packages now decorated with the eponymous mouse.
"Mickey resonates with Paraguayans' sense of nostalgia, said Euge Aquino, a TV chef and social media influencer who uses its ingredients to make comfort food like pastel mandi'o (yuca and beef empanadas)... Mickey's popularity, she said, also has a lot to do with the mascot handing out candy outside the factory gates every Christmas: a tradition dating back to 1983." By now, a "peaceful coexistence" reigns between Mickey and its United States doppelgänger, said Elba Rosa Britez, 72, the smaller company's lawyer. This truce was hard-won. In 1991, Disney filed a trademark violation claim with Paraguay's Ministry of Business and Industry that was rejected. The company then filed a lawsuit, but in 1995 a trademark tribunal ruled in Mickey's favor. There, one judge agreed that Paraguayans could easily confuse the Disney Mickey and the Paraguayan Mickey. But Disney didn't reckon on a "legal loophole," Ms Britez explained. The Mickey trademark had been registered in Paraguay since at least 1956 — and Pascual's descendants had since renewed it — without protest from the multinational. In 1998, Paraguay's Supreme Court issued its final ruling. Through decades of uninterrupted use, Mickey had acquired the right to be Mickey.

"I jumped for joy," Ms Britez said. Mickey's legal immunity in Paraguay, Ms. Blasco acknowledged, might not extend to selling its products abroad. "We've never tried."
"Some lining up to meet the mascot said Mickey's David-vs-Goliath triumph against Disney filled them with national pride..."

23andMe has agreed to pay $30 million to settle a lawsuit over a data breach that exposed the personal information of 6.4 million customers in 2023. BleepingComputer reports: The proposed class action settlement (PDF), filed Thursday in a San Francisco federal court and awaiting judicial approval, includes cash payments for affected customers, which will be distributed within ten days of final approval. "23andMe believes the settlement is fair, adequate, and reasonable," the company said in a memorandum filed (PDF) Friday.

23andMe has also agreed to strengthen its security protocols, including protections against credential-stuffing attacks, mandatory two-factor authentication for all users, and annual cybersecurity audits. The company must also create and maintain a data breach incident response plan and stop retaining personal data for inactive or deactivated accounts. An updated Information Security Program will also be provided to all employees during annual training sessions. "23andMe denies the claims and allegations set forth in the Complaint, denies that it failed to properly protect the Personal Information of its consumers and users, and further denies the viability of Settlement Class Representatives' claims for statutory damages," the company said in the filed preliminary settlement.

"23andMe denies any wrongdoing whatsoever, and this Agreement shall in no event be construed or deemed to be evidence of or an admission or concession on the part of 23andMe with respect to any claim of any fault or liability or wrongdoing or damage whatsoever."

Former FTX CEO Sam Bankman-Fried's legal team has filed an appeal challenging his conviction on seven felony counts and his 25-year prison sentence. They argue that he was not presumed innocent, that the jury received incomplete information about FTX user funds, and that the prosecution's narrative was biased. CoinTelegraph reports: In a Sept. 13 filing in the United States Court of Appeals for the Second Circuit, SBF's lawyers filed a 102-page brief claiming that the former FTX CEO was "never presumed innocent," subject to scrutiny that allegedly affected prosecutors, the presiding judge, and treatment by the media. Bankman-Fried's legal team announced in April -- a few weeks after a federal judge sentenced him to 25 years in prison -- that they intended to appeal. According to the appeal, SBF's lawyers alleged the jury was "only allowed to see half the picture" with FTX user funds, claiming prosecutors had "presented a false narrative" that the money was permanently lost and Bankman-Fried intentionally caused that loss. They also claimed that counsel for the FTX debtors worked with the US government in a way that was above and beyond "cooperation," providing information allegedly as an "arm of the prosecution."

"From day one, the prevailing narrative -- initially spun by the lawyers who took over FTX, quickly adopted by their contacts at the US Attorney's Office -- was that Bankman-Fried had stolen billions of dollars of customer funds, driven FTX to insolvency, and caused billions in losses," said the appeal. "Now, nearly two years later, a very different picture is emerging -- one confirming FTX was never insolvent, and in fact had assets worth billions to repay its customers. But the jury at Bankman-Fried's trial never got to see that picture." The legal team requested the appellate court grant SBF a new trial with a different judge. It's unclear whether the Second Circuit could rule to affirm Bankman-Fried's conviction in the US District Court for the Southern District of New York or reverse the decision and set the groundwork for a new trial.

Apple asked a court Friday to dismiss its three-year-old hacking lawsuit against spyware pioneer NSO Group, arguing that it might never be able to get the most critical files about NSO's Pegasus surveillance tool and that its own disclosures could aid NSO and its increasing number of rivals. From a report: A redacted version of the filing in San Francisco federal court cited a July article in the Guardian, which reported that Israeli officials had taken files from NSO's headquarters. The newspaper said the officials asked an Israeli court to keep the action secret even from those involved in an earlier, still pending hacking suit against NSO filed by Meta's WhatsApp. Israeli ministry of justice communications that were hacked showed that officials were concerned about sensitive information reaching Americans, the newspaper said.

"While Apple takes no position on the truth or falsity of the Guardian Story described above, its existence presents cause for concern about the potential for Apple to obtain the discovery it needs," the iPhone maker wrote in its filing Friday. Israeli officials have not disputed the authenticity of the documents but have denied interfering in the U.S. litigation.

A U.S. District Court judge on Thursday allowed New York-based startup Kalshi to legally offer betting on the outcome of the November Congressional elections (Warning: source paywalled; alternative source), despite opposition from the Commodity Futures Trading Commission (CFTC), which plans to appeal the decision due to concerns about potential market manipulation and public trust in the electoral process. Within minutes of the ruling, people began placing bets on Kalshi's website. It's currently the only legal opportunity for Americans to bet on U.S. elections under government regulation. Fortune reports: A startup company on Thursday began taking what amounts to bets on the outcome of the November Congressional elections after a judge refused to block them from doing so. The ruling by U.S. District Court Judge Jia Cobb in Washington permitted the only legally sanctioned bets on U.S. elections by an American jurisdiction. It enabled, at least temporarily, New York-based Kalshi to offer prediction contracts -- essentially yes-or-no bets -- on which party will win control of the Senate and the House in November. The company and its lawyer did not respond to requests for comment, but within 90 minutes of the judge's ruling, the bets were being advertised on the company's web site. Earlier in the day, the website had said they were "coming soon."

It was not clear how long such betting might last; the Commodity Futures Trading Commission, which last year prohibited the company from offering them, said it would appeal the ruling as quickly as possible. Contrasting his client with foreign companies who take bets from American customers on U.S. elections without U.S. government approval, Roth said Kalshi is trying to do things the right way, under government regulation. "It invested significantly in these markets," he said during Thursday's hearing. "They spent millions of dollars. It would be perverse if all that investment went up in smoke."

But Raagnee Beri, an attorney for the commission, said allowing such bets could invite malicious activities designed to influence the outcome of elections and undermine already fragile public confidence in the voting process. "These contracts would give market participants a $100 million incentive to influence the market on the election," she said. "There is a very severe public interest threat." She used the analogy of someone who has taken an investment position in corn commodities. "Somebody puts out misinformation about a drought, that a drought is coming," she said. "That could move the market on the price of corn. The same thing could happen here. The commission is not required to suffer the flood before building a dam."

An anonymous reader quotes a report from Ars Technica: Earlier this year, we got a look at something unusual: the results of an internal investigation conducted by Harvard Business School that concluded one of its star faculty members had committed research misconduct. Normally, these reports are kept confidential, leaving questions regarding the methods and extent of data manipulations. But in this case, the report became public because the researcher had filed a lawsuit that alleged defamation on the part of the team of data detectives that had first identified potential cases of fabricated data, as well as Harvard Business School itself. Now, the court has ruled (PDF) on motions to dismiss the case. While the suit against Harvard will go on, the court has ruled that evidence-backed conclusions regarding fabricated data cannot constitute defamation -- which is probably a very good thing for science.

The researchers who had been sued, Uri Simonsohn, Leif Nelson, and Joe Simmons, run a blog called Data Colada where, among other things, they note cases of suspicious-looking data in the behavioral sciences. As we detailed in our earlier coverage, they published a series of blog posts describing an apparent case of fabricated data in four different papers published by the high-profile researcher Francesca Gino, a professor at Harvard Business School. The researchers also submitted the evidence to Harvard, which ran its own investigation that included interviewing the researchers involved and examining many of the original data files behind the paper. In the end, Harvard determined that research misconduct had been committed, placed Gino on administrative leave and considered revoking her tenure. Harvard contacted the journals where the papers were published to inform them that the underlying data was unreliable.

Gino then filed suit alleging that Harvard had breached their contract with her, defamed her, and interfered with her relationship with the publisher of her books. She also added defamation accusations against the Data Colada team. Both Harvard and the Data Colada collective filed a motion to have all the actions dismissed, which brings us to this new decision. Harvard got a mixed outcome. This appears to largely be the result that the Harvard Business School adopted a new and temporary policy for addressing research misconduct when the accusations against Gino came in. This, according to the court, leaves questions regarding whether the university had breached its contract with her. However, most of the rest of the suit was dismissed. The judge ruled that the university informing Gino's colleagues that Gino had been placed on administrative leave does not constitute defamation. Nor do the notices requesting retractions sent to the journals where the papers were published. "I find the Retraction Notices amount 'only to a statement of [Harvard Business School]'s evolving, subjective view or interpretation of its investigation into inaccuracies in certain [data] contained in the articles,' rather than defamation," the judge decided.

More critically, the researchers had every allegation against them thrown out. Here, the fact that the accusations involved evidence-based conclusions, and were presented with typical scientific caution, ended up protecting the researchers. The court cites precedent to note that "[s]cientific controversies must be settled by the methods of science rather than by the methods of litigation" and concludes that the material sent to Harvard "constitutes the Data Colada Defendants' subjective interpretation of the facts available to them." Since it had already been determined that Gino was a public figure due to her high-profile academic career, this does not rise to the standard of defamation. And, while the Data Colada team was pretty definitive in determining that data manipulation had taken place, its members were cautious about acknowledging that the evidence they had did not clearly indicate Gino was the one who had performed the manipulation. Finally, it was striking that the researchers had protected themselves by providing links to the data sources they'd used to draw their conclusions. The decision cites a precedent that indicates "by providing hyperlinks to the relevant information, the articles enable readers to review the underlying information for themselves and reach their own conclusions."

A Google executive told colleagues the goal for the company's then-nascent online advertising business in 2009 was to "crush" rival advertising networks, according to evidence prosecutors presented at the tech titan's antitrust trial on Wednesday. From a report: The statements underscored the U.S. Department of Justice's claim that Google has sought to monopolize markets for publisher ad servers and advertiser ad networks, and tried to dominate the market for ad exchanges which sit in the middle. On the third day of the trial, prosecutors began to introduce evidence of how Google employees thought about the company's products at the time when the government alleges it set out to dominate the ad tech market.

"We'll be able to crush the other networks and that's our goal," David Rosenblatt, Google's former president of display advertising, said of the company's strategy in late 2008 or early 2009, according to notes shown in court. Google denies the allegations, saying it faces fierce competition from rival digital advertising companies. Rosenblatt came to Google in 2008 when it acquired his former ad tech company, DoubleClick, and left the following year. The notes of his talk showed him discussing the advantages of owning technology on both sides and the middle of the market. "We're both Goldman and NYSE," he said, he said, according to the notes, referring to one of the world's biggest stock exchanges at the time and one of its biggest market makers. "Google has created what's comparable to the NYSE or London Stock Exchange; in other words, we'll do to display what Google did to search," Rosenblatt said.

Bruce66423 shares a report: The European Union's top court ruled against Apple Tuesday in the tech company's protracted legal battle over contested back taxes in Ireland. The ruling means Apple will be forced to pay Ireland up to $14.4 billion in back taxes and represents the latest setback in Europe for the tech giant. Earlier this year, Apple became the first company to be accused of violating the EU's new major tech competition law. The tax case stretches back to 2016, when the European Commission (EC) ordered Apple repay Ireland roughly $14.4 billion of unpaid taxes.

The commission argued that the tech giant had received "illegal" tax benefits from Ireland over the course of two decades. Apple had housed its European headquarters in Ireland and paid a corporate tax rate of less than 1% in some years, which the EC argued gave Apple an unfair advantage over other companies. Apple and Ireland appealed the decision in 2019. The European Court of Justice on Tuesday overturned the lower court decision and upheld the EC's 2016 order. "Today is a big win for European citizens and for tax justice. The Court of Justice confirms ... that Ireland granted Apple unlawful aid which Ireland now has to recover," Margrethe Vestager, the EU competition chief, said in a statement Tuesday.

Europe's top court on Tuesday upheld a 2.4 billion euro ($2.65 billion) fine imposed on Google for abusing its dominant position by favoring its own shopping comparison service. From a report: The fine stems from an antitrust investigation by the European Commission, the executive arm of the European Union, which concluded in 2017. The commission said at the time that Google had favored its own shopping comparison service over those of its rivals. Google appealed the decision with the General Court, the EU's second-highest court, which also upheld the fine. Google then brought the case before the European Court of Justice, the EU's top court.

The ECJ on Tuesday dismissed the appeal and upheld the commission's fine. "We are disappointed with the decision of the Court," a Google spokesperson told CNBC on Tuesday. "This judgment relates to a very specific set of facts. We made changes back in 2017 to comply with the European Commission's decision. Our approach has worked successfully for more than seven years, generating billions of clicks for more than 800 comparison shopping services."

Vanuatu, Fiji, and Samoa have proposed a change to the International Criminal Court (ICC) to recognize ecocide as a crime, allowing for the prosecution of individuals responsible for significant environmental harm. If successful, the change would recognize ecocide as a crime alongside genocide and war crimes. The Guardian reports: Vanuatu, Fiji and Samoa have proposed a formal recognition by the court of the crime of ecocide, defined as "unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts." The proposal was tabled before the ICC in New York on Monday afternoon, and will have to be discussed in full at a later date. Holding full discussions on the proposal is a process likely to take some years, and will face fierce opposition, though much of it will be behind the scenes as most countries will not wish to openly speak out against it.

Philippe Sands KC, a prominent international lawyer and professor of law at University College London, acted as a co-chair of the independent expert panel for the legal definition of ecocide, convened by the Stop Ecocide Foundation. He told the Guardian he was "100% certain" that ecocide would eventually be recognized by the court. "The only question is when," he said. "I was skeptical at first, but now I am a true believer. There has already been real change, as some countries have put it in domestic law. I think this is the right idea at the right time." Belgium recently adopted ecocide as a crime, and the EU has changed some of its guidance on international crime to include it as a "qualified" offense. Mexico is also considering such a law. [...]

Getting to the point where the ICC will consider the proposal has taken years. Stop Ecocide International has been campaigning on the issue since 2017, and Vanuatu made the first call for the crime to be recognized by the ICC in 2019. Although it could take as long as a decade from now before anyone is charged with ecocide even if the changes were implemented by the ICC, the proposal tabled on Monday was vital to gaining broader acceptance of the concept, according to [Jojo Mehta, a co-founder of the Stop Ecocide International campaigning group, which is an observer to the ICC]. "There has been growing progress, as people are increasingly aware of the threat of climate [breakdown]," she said. "People are saying that this much harm to the planet is just not acceptable."

An anonymous reader quotes a report from the New York Times: For years, Google has faced complaints about how it dominates the online advertising market. Many of the concerns stem from the internet giant's suite of software known as Google Ad Manager, which websites around the world use to sell ads on their sites. The technology conducts split-second auctions to place ads each time a user loads a page. The dominance of that technology has landed Google in federal court. On Monday, Judge Leonie Brinkema of the U.S. District Court for the Eastern District of Virginia will preside over the start of a trial in which the Department of Justice accuses the company of abusing control of its ad technology and violating antitrust law (Warning: source may be paywalled; alternative source).

It would be Google's second antitrust trial in less than a year. In August, a federal judge ruled in a separate case that Google had illegally maintained a monopoly in online search, a major victory for the Justice Department. The new trial is the latest salvo by federal antitrust regulators against Big Tech, testing a century-old competition law against companies that have reshaped the way people shop, communicate and consume information. Federal regulators have also filed antitrust lawsuits against Apple,Amazon and Meta, which owns Facebook, Instagram and WhatsApp, saying those companies have also abused their power. Google's vice president for regulatory affairs, Lee-Anne Mulholland, said in a blog post on Sunday that the Justice Department was "picking winners and losers in a highly competitive industry."

"With the cost of ads going down and the number of ads sold going up, the market is working," she said. "The DOJ's case risks inefficiencies and higher prices -- the last thing that America's economy or our small businesses need right now."

For the first time, a U.S. court has ordered the exposure of identities behind anime leaker accounts on X following complaints from producers of Jujutsu Kaisen and Demon Slayer. The order was revealed by Japanese anti-piracy organization CODA (Content Overseas Distribution Association). CBR reports: The order to disclose their identities was issued on Aug. 20 and served on Aug. 30, meaning that these Jujutsu Kaisen and Demon Slayer leakers will be forced to out themselves, lest they face further legal troubles. Several CODA member companies, which include Kodansha (Attack on Titan), Toei Animation (One Piece) and more collected evidence on these accounts; CODA's report states that it has also received other inquiries about other anime and is preparing for further action. "We will continue to work with the rights holders of the victims to take strict action based on the information of the account owners that comes to light, and will demand severe punishment for these leak accounts," it concludes.

AT&T has filed a lawsuit against Broadcom, alleging that Broadcom is refusing to honor an extended support agreement for VMware software unless AT&T purchases additional subscriptions it doesn't need. The company warns the consequences could risk massive outages for AT&T's customer support operations and critical federal services, including the U.S. President's office. The Register reports: A complaint [PDF] filed last week in the Supreme Court of New York State explains that AT&T holds perpetual licenses for VMware software and paid for support services under a contract that ends on September 8. The complaint also alleges that AT&T has an option to extend that support deal for two years -- provided it activates the option before the end of the current deal. AT&T's filing claims it exercised that option, but that Broadcom "is refusing to honor" the contract. Broadcom has apparently told AT&T it will continue to provide support if the comms giant "agrees to purchase scores of subscription services and software." AT&T counters that it "does not want or need" those subscriptions, because they:

- Would impose significant additional contractual and technological obligations on AT
- Would require AT&T to invest potentially millions to develop its network to accommodate the new software;
- May violate certain rights of first refusal that AT&T has granted to third parties;
- Would cost AT&T tens of millions more than the price of the support services alone.

[...] The complaint also suggests Broadcom's refusal to extend support creates enormous risk for US national security -- some of the ~8,600 servers that host AT&T's ~75,000 VMs "are dedicated to various national security and public safety agencies within the federal government as well as the Office of the President." Other VMs are relied upon by emergency responders, and still more "deliver services to millions of AT&T customers worldwide" according to the suit. Without support from Broadcom, AT&T claims it fears "widespread network outages that could cripple the operations of millions of AT&T customers worldwide" because it may not be able to fix VMware's software.