DRM

Big Copyright Win in Canada: Court Rules Fair Use Beats Digital Locks (michaelgeist.ca) 16

Michael Geist Pig Hogger (Slashdot reader #10,379) reminds us that in Canadian law, "fair use" is called "fair dealing" — and that Canadian digital media users just enjoyed a huge win. Canadian user rights champion Michael Geist writes: The Federal Court has issued a landmark decision on copyright's anti-circumvention rules which concludes that digital locks should not trump fair dealing. Rather, the two must co-exist in harmony, leading to an interpretation that users can still rely on fair dealing even in cases involving those digital locks.

The decision could have enormous implications for libraries, education, and users more broadly as it seeks to restore the copyright balance in the digital world. The decision also importantly concludes that merely requiring a password does not meet the standard needed to qualify for copyright rules involving technological protection measures.

Canada's 2012 "Copyright Modernization Act" protected anti-copying technology from circumvention, Geist writes — and Blacklock's Reports had then "argued that allowing anyone other than original subscriber to access articles constituted copyright infringement." The court found that the Blacklock's legal language associated with its licensing was confusing and that fair dealing applied here as well...

Blacklock's position on this issue was straightforward: it argued that its content was protected by a password, that passwords constituted a form of technological protection measure, and that fair dealing does not apply in the context of circumvention. In other words, it argued that the act of circumvention (in this case of a password) was itself infringing and it could not be saved by fair dealing. The Federal Court disagreed on all points...

For years, many have argued for a specific exception to clarify that circumvention was permitted for fair dealing purposes, essentially making the case that users should not lose their fair dealing rights the moment a rights holder places a digital lock on their work. The Federal Court has concluded that the fair dealing rights have remained there all along and that the Copyright Act's anti-circumvention rules must be interpreted in a manner consistent with those rights.

"The case could still be appealed, but for now the court has restored a critical aspect of the copyright balance after more than a decade of uncertainty and concern."
HP

Jury Finds Autonomy Founder Mike Lynch Not Guilty of Defrauding HP (bbc.co.uk) 28

The BBC reports that British tech tycoon Mike Lynch "has been cleared of fraud charges he faced in the U.S. over the $11bn (£8.6bn) sale of his software firm to Hewlett-Packard in 2011." A jury in San Francisco found him not guilty on all counts in a stunning victory for Mr Lynch, who had been accused of inflating the value of Autonomy, his company, ahead of its sale. Mr Lynch, who faced more than 20 years in prison if convicted, had denied the charges and took the stand to defend himself.

In his testimony, he maintained he had focused on technology not accounting, distancing himself from other executives, including the company's former chief financial officer who was already successfully prosecuted for fraud... Mr Lynch made £500m from the sale. Just a year later, HP wrote down the value of Autonomy by $8.8bn. Years of legal battles followed. The company's chief financial officer, Sushovan Hussain, was found guilty of fraud in 2018 and later sentenced to five years in prison...

Mr Lynch's team pushed the argument that HP had failed to properly vet the deal and mismanaged the takeover, while he testified he was uninvolved with the transactions being described.

Lynch's lawyers said the verdict "closes the book on a relentless 13-year effort to pin HP's well-documented ineptitude on Dr Lynch. Thankfully, the truth has finally prevailed."

Thanks to Slashdot reader Bruce66423 for sharing the news.
Youtube

For Video of Helicopter Shooting Fireworks at Lamborghini, YouTube Influencer Faces 10 Years in Prison (msn.com) 131

An anonymous reader shared this report from the Washington Post: A YouTuber who posted a Fourth of July video in which passengers on a low-flying helicopter shot fireworks at a speeding Lamborghini is facing a federal charge tied to the stunt.

Suk Min Choi, 24, who runs a YouTube channel under the name Alex Choi, was charged Thursday with causing the placement of an explosive or incendiary device on an aircraft, the Justice Department announced. He arranged to have the helicopter fly over the El Mirage Dry Lakebed near Los Angeles in June 2023 for a video titled "Destroying a Lamborghini With Fireworks," according to a complaint filed in the Central District Court of California. The video, released on July 4, shows scenes akin to an action film as Choi laughs while driving the Lamborghini and helicopter-launched fireworks ricochet off the car, enveloping it in sparks...

Choi faces up to 10 years in prison if convicted, according to the Justice Department.

More details from NBC Los Angeles: Federal authorities said radar data from the day of the video shoot showed that the helicopter left an airport in Pacoima, California, around 1:53 p.m. and turned toward El Mirage Lake, a dry lake in California, where the video was filmed. The helicopter's transponder was then turned off, according to the affidavit. The helicopter reappeared on the radar and flew back to the airport just before 9 p.m., the document says.

The pilot initially told an FAA inspector that he did not know anything about the El Mirage video, according to the affidavit. In a follow-up call, he told inspectors that he did not want Choi to know he was speaking with them and said "Choi was doing unsafe activities involving cars and aircraft." In January, the FAA issued an emergency order revoking the pilot's private pilot certification, the affidavit says.

The Courts

Yelp Can Sue Reputation Company For Promising To Suppress Bad Reviews (reuters.com) 8

Yelp can pursue a lawsuit accusing a reputation management company of fraudulently advertising its ability to remove "bad" reviews from the business review website. From a report: In a decision late Thursday night, U.S. District Judge William Alsup in San Francisco said Yelp can pursue trademark infringement and unfair competition claims against ReviewVio, which operates as Dandy. Yelp said ReviewVio's ads, which include the Yelp logo, harmed its reputation by suggesting that businesses could pay for artificially inflated star ratings.

This allegedly undercut honest businesses that will not pay to remove negative reviews, and undermined the usefulness of Yelp's website to consumers. Yelp also said it lost ad revenue from businesses that paid for "review gating," which the company prohibits, or incorrectly believed that Yelp endorsed the practice.

The Courts

Court Rules $17 Billion UK Advertising Lawsuit Against Google Can Go Ahead (reuters.com) 18

An anonymous reader quotes a report from Reuters: Google parent Alphabet must face a lawsuit worth up to $17.4 billion for allegedly abusing its dominance in the online advertising market, London's Competition Appeal Tribunal (CAT) ruled on Wednesday. The lawsuit, which seeks damages on behalf of publishers of websites and apps based in the United Kingdom, is the latest case to focus on the search giant's business practices. Ad Tech Collective Action is bringing the claim on behalf of publishers who say they have suffered losses due to Google's allegedly anti-competitive behavior.

Google last month urged the CAT to block the case, which it argued was incoherent. The company "strongly rejects the underlying allegations", its lawyers said in court documents. The CAT said in a written ruling that it would certify the case to proceed towards a trial, which is unlikely to take place before the end of 2025. The tribunal also emphasized the test for certifying a case under the UK's collective proceedings regime -- which is roughly equivalent to the United States' class action regime -- is relatively low.
"Google works constructively with publishers across the UK and Europe," Google legal director Oliver Bethell said in a statement. Bethell added: "This lawsuit is speculative and opportunistic. We'll oppose it vigorously and on the facts."
AI

NewsBreak, Most Downloaded US News App, Caught Sharing 'Entirely False' AI-Generated Stories 98

An anonymous reader quotes a report from Reuters: Last Christmas Eve, NewsBreak, a free app with roots in China that is the most downloaded news app in the United States, published an alarming piece about a small town shooting. It was headlined "Christmas Day Tragedy Strikes Bridgeton, New Jersey Amid Rising Gun Violence in Small Towns." The problem was, no such shooting took place. The Bridgeton, New Jersey police department posted a statement on Facebook on December 27 dismissing the article -- produced using AI technology -- as "entirely false." "Nothing even similar to this story occurred on or around Christmas, or even in recent memory for the area they described," the post said. "It seems this 'news' outlet's AI writes fiction they have no problem publishing to readers." NewsBreak, which is headquartered in Mountain View, California and has offices in Beijing and Shanghai, told Reuters it removed the article on December 28, four days after publication.

The company said "the inaccurate information originated from the content source," and provided a link to the website, adding: "When NewsBreak identifies any inaccurate content or any violation of our community standards, we take prompt action to remove that content." As local news outlets across America have shuttered in recent years, NewsBreak has filled the void. Billing itself as "the go-to source for all things local," Newsbreak says it has over 50 million monthly users. It publishes licensed content from major media outlets, including Reuters, Fox, AP and CNN as well as some information obtained by scraping the internet for local news or press releases which it rewrites with the help of AI. It is only available in the U.S. But in at least 40 instances since 2021, the app's use of AI tools affected the communities it strives to serve, with Newsbreak publishing erroneous stories; creating 10 stories from local news sites under fictitious bylines; and lifting content from its competitors, according to a Reuters review of previously unreported court documents related to copyright infringement, cease-and-desist emails and a 2022 company memo registering concerns about "AI-generated stories."
Five of the seven former NewsBreak employees Reuters spoke to said most of the engineering work behind the app's algorithm is carried out in its China-based offices. "The company launched in the U.S. in 2015 as a subsidiary of Yidian, a Chinese news aggregation app," notes Reuters. "Both companies were founded by Jeff Zheng, the CEO of Newsbreak, and the companies share a U.S. patent registered in 2015 for an 'Interest Engine' algorithm, which recommends news content based on a user's interests and location."

"NewsBreak is a privately held start-up, whose primary backers are private equity firms San Francisco-based Francisco Partners, and Beijing-based IDG Capital."
Facebook

Meta Withheld Information on Instagram, WhatsApp Deals, FTC Says (yahoo.com) 9

Meta Platforms withheld information from federal regulators during their original reviews of the Instagram and WhatsApp acquisitions, the US Federal Trade Commission said in a court filing as part of a lawsuit seeking to break up the social networking giant. From a report: In its filing Tuesday, however, the FTC said the case involves "information Meta had in its files and did not provide" during the original reviews. "At Meta's request the FTC undertook only a limited review" of the deals, the agency said. "The FTC now has available vastly more evidence, including pre-acquisition documents Meta did not provide in 2012 and 2014."

Meta said that it met all of its legal obligations during the Instagram and WhatsApp merger reviews. The FTC has failed to provide evidence to support its claims, a spokesperson said. "The evidence instead shows that Meta faces fierce competition and that Meta's significant investment of time and resources in Instagram and WhatsApp has benefited consumers by making the apps into the services millions of users enjoy today for free," spokesperson Chris Sgro said in a statement. "The FTC has done nothing to build its case over the past four years, while Meta has invested billions to build quality products."

The Courts

Jury Finds Boeing Stole Technology From Electric Airplane Startup Zunum 46

A federal court jury in Seattle has ruled against Boeing in a lawsuit brought by failed electric airplane startup Zunum and awarded $81 million in damages -- which the judge has the option to triple. From a report: Zunum alleged that Boeing, while ostensibly investing seed money to get the startup off the ground, stole Zunum's technology and actively undermined its attempts to build a business. It accused Boeing of "a targeted and coordinated campaign" to gain access to its "business plan, market and technological analysis, and other trade secrets and proprietary information," then using that to develop its own hybrid-electric plane design.

Zunum also accused Boeing of sabotaging its efforts to attract funding from aerospace suppliers Safran and United Technologies. The jury found that Boeing had misappropriated Zunum's trade secrets and breached its contract with the startup. It also found that Boeing's actions were "willful and malicious," which opens the door for the judge to award triple damages plus legal costs in a case that has already been running for more than four years.
The Internet

FCC Sued by Broadband Industry Groups Over Net Neutrality Rules (arstechnica.com) 34

Several broadband industry lobby groups have filed lawsuits against the Federal Communications Commission (FCC) in an attempt to overturn the recently approved net neutrality rules. The regulations, which prohibit blocking, throttling, and paid prioritization, are scheduled to take effect on July 22. The lawsuits were filed in various US appeals courts by groups representing cable, telecom, and mobile Internet service providers, including NCTA-The Internet & Television Association, USTelecom, CTIA-The Wireless Association, and several state-level associations. The groups argue that the FCC lacks the authority to reclassify broadband as a telecommunications service under Title II of the Communications Act of 1934 without explicit instructions from Congress.

In addition to the lawsuits, the industry groups have also petitioned the FCC for a stay of the rules, claiming that their members will suffer irreparable harm if the regulations take effect while litigation is pending. The FCC is expected to reject the petition, but the groups can then seek an injunction from appeals court judges to prevent enforcement. The industry's legal challenge is based on the Supreme Court's evolving approach to the "major questions" doctrine, which limits federal agencies' ability to make decisions on significant issues without clear congressional authorization. However, FCC Commissioner Geoffrey Starks maintains that the agency's authority to regulate broadband as a telecommunications service is "clear as day."
Piracy

Napster Sparked a File-Sharing Revolution 25 Years Ago (torrentfreak.com) 49

TorrentFreak's Ernesto Van der Sar recalls the rise and fall of Napster, the file-sharing empire that kickstarted a global piracy frenzy 25 years ago. Here's an excerpt from his report: At the end of the nineties, technology and the Internet were a playground for young engineers and 'hackers'. Some of them regularly gathered in the w00w00 IRC chatroom on the EFnet network. This tech-think-tank had many notable members, including WhatsApp founder Jan Koum and Shawn Fanning, who logged on with the nickname Napster. In 1998, 17-year-old Fanning shared an idea with the group. 'Napster' wanted to create a network of computers that could share files with each other. More specifically, a central music database that everyone in the world could access.

This idea never left the mind of the young developer. Fanning stopped going to school and flanked by his friend Sean Parker, devoted the following months to making his vision a reality. That moment came on June 1, 1999, when the first public release of Napster was released online. Soon after, the software went viral. Napster was quickly embraced by millions of users, who saw the software as something magical. It was a gateway for musical exploration, one that dwarfed even the largest record stores in town. And all for free. It sounds mundane today, but some equated it to pure technological sorcery. For many top players in the music industry, Napster's sorcery was pure witchcraft. At the time, manufacturing CDs with high profit margins felt like printing money and Napster's appearance threatened to ruin the party. [...]

At the start of 2001, Napster's user base reached a peak of more than 26.4 million worldwide. Yet, despite huge growth and backing from investors, the small file-sharing empire couldn't overcome the legal challenges. The RIAA lawsuit resulted in an injunction from the Ninth Circuit Court, which ordered the network to shut down. This happened during July 2001, little more than two years after Napster launched. By September that year, the case had been settled for millions of dollars. While the Napster craze was over, file-sharing had mesmerized the masses and the genie was out of the bottle. Grokster, KaZaa, Morpheus, LimeWire, and many others popped up and provided sharing alternatives, for as long as they lasted. Meanwhile, BitTorrent was also knocking on the door.
"Napster paved the way for Apple's iTunes store, to serve the demand that was clearly there," notes Ernesto. "This music streaming landscape was largely pioneered by a Napster 'fan' from Sweden, Daniel Ek."

"Like many others, Ek was fascinated by the 'all you can play' experience offered by file-sharing software, and that planted the seeds for the music streaming startup Spotify, where he still serves as CEO today. In fact, Spotify itself used file-sharing technology under the hood to ensure swift playback."
The Courts

Samsung Sues Oura Preemptively To Block Smart Ring Patent Claims (theverge.com) 26

An anonymous reader shares a report: Samsung isn't waiting around for Oura to file any patent claims over its forthcoming smart ring. Instead, it's preemptively filed its own suit against Oura, seeking a "declaratory judgment" that states the Galaxy Ring doesn't infringe on five Oura patents. The suit alleges that Oura has a pattern of filing patent suits against competitors based on "features common to virtually all smart rings." In particular, the suit references sensors, electronics, batteries, and scores based on metrics gathered from sensors. The case lists instances in which Oura sued rivals like Ultrahuman, Circular, and RingConn, sometimes before they even entered the US market. For those reasons, Samsung says in the suit that it anticipates being the target of an Oura suit.
Security

Law Student Claims Unfair Discipline After He Reported a Data Breach (computerweekly.com) 75

An anonymous Slashdot reader shared this report from Computer Weekly: A former student at the Inns of Court College of Advocacy (ICCA) says he was hauled over the coals by the college for having acted responsibly and "with integrity" in reporting a security blunder that left sensitive information about students exposed. Bartek Wytrzyszczewski faced misconduct proceedings after alerting the college to a data breach exposing sensitive information on hundreds of past and present ICCA students...

The ICCA, which offers training to future barristers, informed data protection regulator the Information Commissioner's Office of a breach "experienced" in August 2023 after Wytrzyszczewski alerted the college that sensitive files on nearly 800 students were accessible to other college users via the ICCA's web portal. The breach saw personal data such as email addresses, phone numbers and academic information — including exam marks and previous institutions attended — accessible to students at the college. Students using the ICCA's web portal were also able to access ID photos, as well as student ID numbers and sensitive data, such as health records, visa status and information as to whether they were pregnant or had children... After the college secured a written undertaking from Wytrzyszczewski not to disclose any of the information he had discovered, it launched misconduct proceedings against him. He had stumbled across the files in error, he said, and viewed a significant number to ensure he could report their contents with accuracy.

"The panel cleared Wytrzyszczewski and found it had no jurisdiction to hear the matter," according to the article.

But he "said the experience caused him to unenroll from the ICCA's course and restart his training at another provider."
Microsoft

Is the New 'Recall' Feature in Windows a Security and Privacy Nightmare? (thecyberexpress.com) 140

Slashdot reader storagedude shares a provocative post from the cybersecurity news blog of Cyble Inc. (a Ycombinator-backed company promising "AI-powered actionable threat intelligence").

The post delves into concerns that the new "Recall" feature planned for Windows (on upcoming Copilot+ PCs) is "a security and privacy nightmare." Copilot Recall will be enabled by default and will capture frequent screenshots, or "snapshots," of a user's activity and store them in a local database tied to the user account. The potential for exposure of personal and sensitive data through the new feature has alarmed security and privacy advocates and even sparked a UK inquiry into the issue. In a long Mastodon thread on the new feature, Windows security researcher Kevin Beaumont wrote, "I'm not being hyperbolic when I say this is the dumbest cybersecurity move in a decade. Good luck to my parents safely using their PC."

In a blog post on Recall security and privacy, Microsoft said that processing and storage are done only on the local device and encrypted, but even Microsoft's own explanations raise concerns: "Note that Recall does not perform content moderation. It will not hide information such as passwords or financial account numbers. That data may be in snapshots that are stored on your device, especially when sites do not follow standard internet protocols like cloaking password entry." Security and privacy advocates take issue with assertions that the data is stored securely on the local device. If someone has a user's password or if a court orders that data be turned over for legal or law enforcement purposes, the amount of data exposed could be much greater with Recall than would otherwise be exposed... And hackers, malware and infostealers will have access to vastly more data than they would without Recall.

Beaumont said the screenshots are stored in a SQLite database, "and you can access it as the user including programmatically. It 100% does not need physical access and can be stolen.... Recall enables threat actors to automate scraping everything you've ever looked at within seconds."

Beaumont's LinkedIn profile and blog say that starting in 2020 he worked at Microsoft for nearly a year as a senior threat intelligence analyst. And now Beaumont's Mastodon post is also raising other concerns (according to Cyble's blog post):
  • "Sensitive data deleted by users will still be saved in Recall screenshots... 'If you or a friend use disappearing messages in WhatsApp, Signal etc, it is recorded regardless.'"
  • "Beaumont also questioned Microsoft's assertion that all this is done locally."

The blog post also notes that Leslie Carhart, Director of Incident Response at Dragos, had this reaction to Beaumont's post. "The outrage and disbelief are warranted."


Government

Did the US Government Ignore a Chance to Make TikTok Safer? (yahoo.com) 59

"To save itself, TikTok in 2022 offered the U.S. government an extraordinary deal," reports the Washington Post. The video app, owned by a Chinese company, said it would let federal officials pick its U.S. operation's board of directors, would give the government veto power over each new hire and would pay an American company that contracts with the Defense Department to monitor its source code, according to a copy of the company's proposal. It even offered to give federal officials a kill switch that would shut the app down in the United States if they felt it remained a threat.

The Biden administration, however, went its own way. Officials declined the proposal, forfeiting potential influence over one of the world's most popular apps in favor of a blunter option: a forced-sale law signed last month by President Biden that could lead to TikTok's nationwide ban. The government has never publicly explained why it rejected TikTok's proposal, opting instead for a potentially protracted constitutional battle that many expect to end up before the Supreme Court... But the extent to which the United States evaluated or disregarded TikTok's proposal, known as Project Texas, is likely to be a core point of dispute in court, where TikTok and its owner, ByteDance, are challenging the sale-or-ban law as an "unconstitutional assertion of power."

The episode raises questions over whether the government, when presented with a way to address its concerns, chose instead to back an effort that would see the company sold to an American buyer, even though some of the issues officials have warned about — the opaque influence of its recommendation algorithm, the privacy of user data — probably would still be unresolved under new ownership...

A senior Biden administration official said in a statement that the administration "determined more than a year ago that the solution proposed by the parties at the time would be insufficient to address the serious national security risks presented. While we have consistently engaged with the company about our concerns and potential solutions, it became clear that divestment from its foreign ownership was and remains necessary."

"Since federal officials announced an investigation into TikTok in 2019, the app's user base has doubled to more than 170 million U.S. accounts," according to the article.

It also includes this assessment from Anupam Chander, a Georgetown University law professor who researches international tech policy. "The government had a complete absence of faith in [its] ability to regulate technology platforms, because there might be some vulnerability that might exist somewhere down the line."
Music

Spotify Says It Will Refund Car Thing Purchases (engadget.com) 28

If you contact Spotify's customer service with a valid receipt, the company will refund your Car Thing purchase. That's the latest development reported by Engadget. When Spotify first announced that it would brick every Car Thing device on December 9, 2024, it said that it wouldn't offer owners any subscription credit or automatic refund. From the report: Spotify has taken some heat for its announcement last week that it will brick every Car Thing device on December 9, 2024. The company described its decision as "part of our ongoing efforts to streamline our product offerings" (read: cut costs) and that it lets Spotify "focus on developing new features and enhancements that will ultimately provide a better experience to all Spotify users."

TechCrunch reports that Gen Z users on TikTok have expressed their frustration in videos, while others have complained directed toward Spotify in DMs on X (Twitter) and directly through customer support. Some users claimed Spotify's customer service agents only offered several months of free Premium access, while others were told nobody was receiving refunds. It isn't clear if any of them contacted them after last Friday when it shifted gears on refunds.

Others went much further. Billboard first reported on a class-action lawsuit filed in the US District Court for the Southern District of New York on May 28. The suit accuses Spotify of misleading Car Thing customers by selling a $90 product that would soon be obsolete without offering refunds, which sounds like a fair enough point. It's worth noting that, according to Spotify, it began offering the refunds last week, while the lawsuit was only filed on Tuesday. If the company's statement about refunds starting on May 24 is accurate, the refunds aren't a direct response to the legal action. (Although it's possible the company began offering them in anticipation of lawsuits.)
Editor's note: As a disgruntled Car Thing owner myself, I can confirm that Spotify is approving refund requests. You'll just have to play the waiting game to get through to a Spotify Advisor and their "team" that approves these requests. You may have better luck emailing customer service directly at support@spotify.com.
The Courts

Amazon Execs May Be Personally Liable For Tricking Users Into Prime Sign-Ups (arstechnica.com) 62

An anonymous reader quotes a report from Ars Technica: Yesterday, Amazon failed to convince a US district court to dismiss the Federal Trade Commission's lawsuit targeting the tech giant's alleged history of tricking people into signing up for Prime. The FTC has alleged that Amazon "tricked, coerced, and manipulated consumers into subscribing to Amazon Prime," a court order said, failing to get informed consent by designing a murky sign-up process. And to keep subscriptions high, Amazon also "did not provide simple mechanisms for these subscribers to cancel their Prime memberships," the FTC alleged. Instead, Amazon forced "consumers intending to cancel to navigate a four-page, six-click, fifteen-option cancellation process." In their motion to dismiss, Amazon outright disputed these characterizations of its business, insisting its enrollment process was clear, its cancellation process was simple, and none of its executives could be held responsible for failing to fix these processes when "accidental" sign-ups became widespread. Amazon defended its current practices, arguing that some of its Prime disclosures "align with practices that the FTC encourages in its guidance documents." But the judge apparently did not find Amazon's denials completely persuasive. Viewing the FTC's complaint "in the light most favorable to the FTC," Judge John Chun concluded that "the allegations sufficiently indicate that Amazon had actual or constructive knowledge that its Prime sign-up and cancellation flows were misleading consumers."

In his order (PDF), Chun also denied individual motions to dismiss from Amazon executives Russell Grandinetti, Neil Lindsay, and Jamil Ghani, who oversaw Prime operations. Executives had urged the court to dismiss the FTC's claims against them. They argued that the FTC "singled them out 'for an 'unprecedented sanction'" when the agency had "only recently started prosecuting companies for using 'dark patterns'" under Restore Online Shoppers' Confidence Act (ROSCA) and the FTC Act. They claimed that the FTC never alerted them to any wrongdoing before filing the lawsuit, so how could they have known they were violating the law? According to Chun, however, the FTC sufficiently alleged that each of these executives knew they were violating consumer protection laws when prioritizing profits over eliminating dark patterns triggering "accidental" or "nonconsensual" Prime sign-ups. Chun explained that executives may be "personally liable for corporate violations of the FTC Act if the individual 'participated directly in, or had the authority to control, the unlawful acts or practices at issue.'"

For example, when Lindsay -- who in 2016 had the "most responsibility for the Prime subscription program" -- was "asked about Amazon's use of dark patterns during the Prime enrollment process," Lindsay justified the dark patterns. "Lindsay explained that once consumers become Prime members -- even unknowingly -- they will see what a great program it is and remain members, so Amazon is 'okay' with the situation," Chun's order said. And when Grandinetti, who "oversaw the Prime subscription program" in 2018, was told that the sign-up process and auto-renew feature frustrated customers, he "vetoed any changes that would reduce enrollment." Because executives seemingly prioritized profits over reducing customer friction, the FTC alleged that reasonable customers got sucked into Prime without their consent. Sometimes customers understandably got confused by the "discrepancy in size, location, and color" of Amazon's disclosures, Chun suggested. Other times, confusion struck when Amazon tried to upsell customers on Prime at checkout -- pairing their enrollment with their other shopping experience.

Bitcoin

Former FTX Executive Ryan Salame Sentenced To 7.5 Years In Prison (apnews.com) 14

Former FTX executive Ryan Salame has been sentenced to more than seven years in prison, "the first of the lieutenants of failed cryptocurrency mogul Sam Bankman-Fried to receive jail time for their roles in the 2022 collapse of the cryptocurrency exchange," reports the Associated Press. From the report: Salame, 30, was a high-ranking executive at FTX for most of the exchange's existence and, up until its collapse, was the co-CEO of FTX Digital Markets. He pleaded guilty last year to illegally making unlawful U.S. campaign contributions and to operating an unlicensed money-transmitting business. The sentence of 7 1/2 years in prison, plus three years of supervised release, was more than the five to seven years prosecutors had asked Judge Lewis A. Kaplan to impose on Salame in their pre-sentencing memo.

While Salame was a high-level executive at FTX, he was not a major part of the government's case against Bankman-Fried at his trial earlier this year and did not testify against him. In a bid for leniency, Salame said during the sentencing hearing that he cooperated and even provided documents that aided prosecutors in their cross examination of Bankman-Fried, as well as in his own prosecution. Along with helping Bankman-Fried hide the holes in FTX's balance sheet that ultimately led to the exchange's failure, Salame was used as a conduit for Bankman-Fried to make illegal campaign contributions to help shape U.S. policy on cryptocurrencies. On the surface, Bankman-Fried mostly gave political contributions to Democrats and liberal-leaning causes, while Salame gave contributions to Republicans and right-leaning causes. But ultimately the funds that Salame used for those contributions came from Bankman-Fried.

The judge also chastised Salame for pulling $5 million in cryptocurrencies out of FTX as the exchange was failing. "You tried to withdraw tens of millions more," Kaplan said. "It was me first. I'm getting in the lifeboat first. To heck with all those customers."

The Courts

Lawyers To Plastic Makers: Prepare For 'Astronomical' PFAS Lawsuits (nytimes.com) 110

An anonymous reader quotes a report from the New York Times: The defense lawyer minced no words as he addressed a room full of plastic-industry executives. Prepare for a wave of lawsuits with potentially "astronomical" costs. Speaking at a conference earlier this year, the lawyer, Brian Gross, said the coming litigation could "dwarf anything related to asbestos," one of the most sprawling corporate-liability battles in United States history. Mr. Gross was referring to PFAS, the "forever chemicals" that have emerged as one of the major pollution issues of our time. Used for decades in countless everyday objects -- cosmetics, takeout containers, frying pans -- PFAS have been linked to serious health risks including cancer. Last month the federal government said several types of PFAS must be removed from the drinking water of hundreds of millions of Americans. "Do what you can, while you can, before you get sued," Mr. Gross said at the February session, according to a recording of the event made by a participant and examined by The New York Times. "Review any marketing materials or other communications that you've had with your customers, with your suppliers, see whether there's anything in those documents that's problematic to your defense," he said. "Weed out people and find the right witness to represent your company."

A wide swath of the chemicals, plastics and related industries are gearing up to fight a surge in litigation related to PFAS, or per- and polyfluoroalkyl substances, a class of nearly 15,000 versatile synthetic chemicals linked to serious health problems. [...] PFAS-related lawsuits have already targeted manufacturers in the United States, including DuPont, its spinoff Chemours, and 3M. Last year, 3M agreed to pay at least $10 billion to water utilities across the United States that had sought compensation for cleanup costs. Thirty state attorneys general have also sued PFAS manufacturers, accusing the manufacturers of widespread contamination. But experts say the legal battle is just beginning. Under increasing scrutiny are a wider universe of companies that use PFAS in their products. This month, plaintiffs filed a class-action lawsuit against Bic, accusing the razor company for failing to disclose that some of its razors contained PFAS. Bic said it doesn't comment on pending litigation, and said it had a longstanding commitment to safety.

The Biden administration has moved to regulate the chemicals, for the first time requiring municipal water systems to remove six types of PFAS. Last month, the Environmental Protection Agency also designated two of those PFAS chemicals as hazardous substances under the Superfund law, shifting responsibility for their cleanup at contaminated sites from taxpayers to polluters. Both rules are expected to prompt a new round of litigation from water utilities, local communities and others suing for cleanup costs. "To say that the floodgates are opening is an understatement," said Emily M. Lamond, an attorney who focuses on environmental litigation at the law firm Cole Schotz. "Take tobacco, asbestos, MTBE, combine them, and I think we're still going to see more PFAS-related litigation," she said, referring to methyl tert-butyl ether, a former harmful gasoline additive that contaminated drinking water. Together, the trio led to claims totaling hundreds of billions of dollars.
Unlike tobacco, used by only a subset of the public, "pretty much every one of us in the United States is walking around with PFAS in our bodies," said Erik Olson, senior strategic director for environmental health at the Natural Resources Defense Council. "And we're being exposed without our knowledge or consent, often by industries that knew how dangerous the chemicals were, and failed to disclose that," he said. "That's a formula for really significant liability."
Piracy

Nvidia Denies Pirate e-Book Sites Are 'Shadow Libraries' To Shut Down Lawsuit (arstechnica.com) 105

An anonymous reader quotes a report from Ars Technica: Some of the most infamous so-called shadow libraries have increasingly faced legal pressure to either stop pirating books or risk being shut down or driven to the dark web. Among the biggest targets are Z-Library, which the US Department of Justice has charged with criminal copyright infringement, and Library Genesis (Libgen), which was sued by textbook publishers last fall for allegedly distributing digital copies of copyrighted works "on a massive scale in willful violation" of copyright laws. But now these shadow libraries and others accused of spurning copyrights have seemingly found an unlikely defender in Nvidia, the AI chipmaker among those profiting most from the recent AI boom.

Nvidia seemed to defend the shadow libraries as a valid source of information online when responding to a lawsuit from book authors over the list of data repositories that were scraped to create the Books3 dataset used to train Nvidia's AI platform NeMo. That list includes some of the most "notorious" shadow libraries -- Bibliotik, Z-Library (Z-Lib), Libgen, Sci-Hub, and Anna's Archive, authors argued. However, Nvidia hopes to invalidate authors' copyright claims partly by denying that any of these controversial websites should even be considered shadow libraries.

"Nvidia denies the characterization of the listed data repositories as 'shadow libraries' and denies that hosting data in or distributing data from the data repositories necessarily violates the US Copyright Act," Nvidia's court filing said. The chipmaker did not go into further detail to define what counts as a shadow library or what potentially absolves these controversial sites from key copyright concerns raised by various ongoing lawsuits. Instead, Nvidia kept its response brief while also curtly disputing authors' petition for class-action status and defending its AI training methods as fair use. "Nvidia denies that it has improperly used or copied the alleged works," the court filing said, arguing that "training is a highly transformative process that may include adjusting numerical parameters including 'weights,' and that outputs of an LLM may be based, at least in part, on such 'weights.'"
"Nvidia's argument likely depends on the court agreeing that AI models ingesting published works in order to transform those works into weights governing AI outputs is fair use," notes Ars. "However, authors have argued that 'these weights are entirely and uniquely derived from the protected expression in the training dataset' that has been copied without getting authors' consent or providing authors with compensation."

"Authors suing Nvidia have taken the next step, linking the chipmaker to shadow libraries by arguing that 'these shadow libraries have long been of interest to the AI-training community because they host and distribute vast quantities of unlicensed copyrighted material. For that reason, these shadow libraries also violate the US Copyright Act.'"
United Kingdom

Britain Covered Up Tainted Blood Scandal That Killed Thousands, Report Finds (upi.com) 78

UPI reports that the British government covered up "a multi-decade tainted blood scandal, leading to thousands of related deaths, a report published Monday found." Britain's National Health Service allowed blood tainted with HIV and Hepatitis to be used on patients without their knowledge, leading to 3,000 deaths and more than 30,000 infections, according to the 2,527-page final report by Justice Brian Justice Langstaff, a former judge on the High Court of England and Wales. Langstaff oversaw a five-year investigation into the use of tainted blood and blood products in Britain's healthcare system between 1970 and 1991. The report blames multiple administrations over the time period for knowingly exposing victims to unacceptable risks...

In several cases, health officials lied about the risks to patients... The NHS also gave patients false reassurances, an attempt to "save face," failing victims "not once but repeatedly...." The situation could "largely, though not entirely, have been avoided," Langstaff found...

The British government on Monday began operating a support phone line for people and their families affected by the tainted blood scandal.

The article notes that Langstaff described the coverup as "subtle" but "pervasive" and "chilling in its implications...

"To save face and to save expense, there has been a hiding of much of the truth."

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

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