UrLogicFails

While this isn't news about new technology, I thought it was an interesting look about how predatory EULAs can still hurt us even years later in seemingly unrelated ways

Archive.org link

Some key excerpts:

After a doctor suffered a fatal allergic reaction at a Disney World restaurant, Disney is trying to get her widower’s wrongful death lawsuit tossed by pointing to the fine print of a Disney+ trial he signed up for years earlier.

Tangsuan was “highly allergic” to dairy and nuts, and they chose that particular restaurant in part because of its promises about accommodating patrons with food allergies, according to the lawsuit filed in a Florida circuit court.

They allegedly raised the issue upfront, inquired about the safety of specific menu items, had the server confirm with the chef that they could be made allergen-free and asked for confirmation “several more times” after that.

After about 45 minutes, Tangsuan “began having severe difficulty breathing and collapsed to the floor.”

“The medical examiner's investigation determined that [Tangsuan’s] cause of death was as a result of anaphylaxis due to elevated levels of dairy and nut in her system,” according to the lawsuit.

He is seeking more than $50,000 in damages and trial by jury “on all issues so triable.”

In late May, Disney’s lawyers filed a motion asking the circuit court to order Piccolo to arbitrate the case — with them and a neutral third party in private, as opposed to publicly in court — and to pause the legal proceedings in the meantime.

The reason it says Piccolo must be compelled to arbitrate? A clause in the terms and conditions he signed off on when he created a Disney+ account for a month-long trial in 2019.

Disney says Piccolo agreed to similar language again when purchasing park tickets online in September 2023. Whether he actually read the fine print at any point, it adds, is “immaterial.”

“Piccolo ignores that he previously created a Disney account and agreed to arbitrate ‘all disputes’ against ‘The Walt Disney Company or its affiliates’ arising ‘in contract, tort, warranty, statute, regulation, or other legal or equitable basis,’” the motion reads, arguing the language is broad enough to cover Piccolo’s claims.

“There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr. Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death,” [Piccolo's legal team] wrote in the 123-page filing.

They confirmed he did create a Disney+ account on his PlayStation in 2019, but he believes he canceled the subscription during the trial because he hasn’t found any charges associated with it after that point.

“In effect, WDPR is explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+,” they wrote.

The court has scheduled a hearing on Disney’s motion for October 2.

Archive link: http://archive.today/c0FEu

Some key highlights:

Dave & Buster’s [...] recently announced plans to let patrons place real-money bets on the company’s main attraction: its arcade games.

The suburban gaming den’s new betting operation is part of a partnership with Lucra Sports, a technology company that describes its product as “gamification services.” In practical terms, Lucra licenses its software to other businesses, allowing them to integrate certain kinds of betting into their existing apps and websites. Lucra deals in the kinds of bookie-free “peer to peer” bets—say, on the results of a night of bowling or a game of pickup basketball—that might have previously been sealed with a handshake.

The chain is expected to roll out all of this in the coming months, and it will be available only to adults

Beyond that, neither Dave & Buster’s nor Lucra Sports—which both declined to comment—is saying what kinds of betting will be allowed and at what scale.

Gambling on games of skill has a much easier time cruising past legal roadblocks.

Because of these legal distinctions, Lucra Sports—which has financial backing from a host of sports executives and professional athletes, including former Milwaukee Bucks owner Marc Lasry and former NFL player Emmanuel Sanders—says its services are legal on some level in 45 US states.

Even in their relatively milquetoast skill-game form, these kinds of betting services normalize something that feels a lot like traditional gambling as most Americans now experience it

Kids too young to grasp how football works or what betting on it might mean will soon be able to encounter a version of it at the arcade, potentially priming them to open their own betting accounts once they hit legal age.

That Dave & Buster’s would decide to dive in right now is best read as an indicator of just how nervous traditional entertainment industries have become about gambling and its capacity to devour their customer base and its disposable income. In its 2022 annual report, Dave & Buster’s identified the spread of legalized gambling as an existential threat, even as the company was continuing to grow and its stock price was soaring.

this move feels motivated more by the fear of being left behind while others profit than by a genuine belief in the value of the product itself.

The vision that’s dancing in executives’ heads, I have no doubt, is something akin to the opportunity to be a little Las Vegas in every American suburb. They should probably be more wary of the likelier—and grimmer—alternative: becoming something closer to most of the other casinos in America, where no parent would ever dream of throwing their kid’s birthday party.

Archive.org link

Some highlights I found interesting:

After Tinucci had cut between 15% and 20% of staffers two weeks earlier, part of much wider layoffs, they believed Musk would affirm plans for a massive charging-network expansion.

Musk, the employees said, was not pleased with Tinucci’s presentation and wanted more layoffs. When she balked, saying deeper cuts would undermine charging-business fundamentals, he responded by firing her and her entire 500-member team.

The departures have upended a network widely viewed as a signature Tesla achievement and a key driver of its EV sales.

Despite the mass firings, Musk has since posted on social media promising to continue expanding the network. But three former charging-team employees told Reuters they have been fielding calls from vendors, contractors and electric utilities, some of which had spent millions of dollars on equipment and infrastructure to help build out Tesla’s network.

Tesla's energy team, which sells solar and battery-storage products for homes and businesses, was tasked with taking over Superchargers and calling some partners to close out ongoing charger-construction projects, said three of the former Tesla employees.

Tinucci was one of few high-ranking female Tesla executives. She recently started reporting directly to Musk, following the departure of battery-and-energy chief Drew Baglino, according to four former Supercharger-team staffers. They said Baglino had historically overseen the charging department without much involvement from Musk.

Two former Supercharger staffers called the $500 million expansion budget a significant reduction from what the team had planned for 2024 - but nonetheless a challenge requiring hundreds of employees.

Three of the former employees called the firings a major setback to U.S. charging expansion because of the relationships Tesla employees had built with suppliers and electric utilities.

Archive.org link

Some key excerpts:

Court filings unsealed last week allege Meta created an internal effort to spy on Snapchat in a secret initiative called “Project Ghostbusters.” Meta did so through Onavo, a Virtual Private Network (VPN) service the company offered between 2016 and 2019 that, ultimately, wasn’t private at all.

It’s Meta’s in-house wiretapping tool to spy on data analytics from Snapchat starting in 2016, later used on YouTube and Amazon. This involved creating “kits” that can be installed on iOS and Android devices, to intercept traffic for certain apps, according to the filings. This was described as a “man-in-the-middle” approach to get data on Facebook’s rivals, but users of Onavo were the “men in the middle.”

Facebook ultimately shut down Onavo in 2019 after Apple booted the VPN from its app store.

Prosecutors also allege that Facebook violated the United States Wiretap Act, which prohibits the intentional procurement of another person’s electronic communications. Onavo could also be considered straight spyware, but also seems to fall under the definition of wiretapping, according to prosecutors.

The court filings show chats and emails that depict Zuckerberg as being directly involved in these communications.

Prosecutors allege Project Ghostbusters harmed competition in the ad industry, adding weight to their central argument that Meta is a monopoly in social media.

Archive link

Some key excerpts:

New York judge has scheduled an April 15 trial date in former President Donald Trump’s hush money case.

The judge earlier had scolded the former president’s lawyers as he weighed when to reschedule the trial after a last-minute document dump caused a postponement of the original date.

The hush money case, filed last year by prosecutors in Manhattan, has taken on added importance given that it’s the only one of the prosecutions against Trump that appears likely for trial in the coming months.

Trump has pleaded not guilty to charges that he falsified business records. Manhattan prosecutors say Trump did it as part of an effort to protect his 2016 campaign by burying what he says were false stories of extramarital sex.

Trump’s lawyers say the payments to Cohen were legitimate legal expenses, not cover-up checks.

Cohen pleaded guilty in 2018 to federal charges, including campaign finance violations related to the Daniels payoff.

Archive link: https://archive.ph/sVDYB

Some key excerpts:

Senator Bernie Sanders this week unveiled legislation to reduce the standard workweek in the United States from 40 hours to 32, without a reduction in pay

The law, if passed, would pare down the workweek over a four-year period, lowering the threshold at which workers would be eligible to receive overtime pay.

Senator Bill Cassidy, Republican of Louisiana, said at the hearing such a reduction would hurt employers, ship jobs overseas and cause dramatic spikes in consumer prices.

Mr. Sanders is far from the first to propose the idea, which has been floated by Richard Nixon, pitched by autoworkers and experimented with by companies ranging from Shake Shack to Kickstarter and Unilever’s New Zealand unit.

Representative Mark Takano, Democrat of California, introduced the 32-Hour Workweek Act in the House in 2021, and has reintroduced it as a companion bill to the one sponsored by Mr. Sanders in the Senate.

In proposing the legislation, Mr. Sanders cited a trial conducted by 61 companies in Britain in 2022, in which most of the companies that went down to a four-day workweek saw that revenues and productivity remained steady, while attrition dropped significantly. The study was conducted by a nonprofit, 4 Day Week Global, with researchers at Cambridge University, Boston College and a think tank, Autonomy.

Archive link: https://archive.ph/Tol6G

Some key excerpts:

All of the sites in Aylo's network, including Pornhub, YouPorn, and Brazzers, are blocked in Texas, their homepages replaced with a message about the company's rejection of age verification laws.

Pornhub has blocked access to its site in Texas during an ongoing legal battle with the state.

Texas Governor Greg Abbott signed HB 1181 into law in June, which would require not only verification of age through government ID, but for all adult sites to display in large font a message claiming to be from Texas Health and Human Services about pseudoscientific “dangers” of porn.

Today, Pornhub and all of the sites in Aylo’s network are inaccessible if you’re visiting them in Texas.

there’s a message about the company’s objection to age verification legislation:

“Dear user, as you may know, your elected officials in Texas are requiring us to verify your age before allowing you access to our website,” the message says. “Not only does this impinge on the rights of adults to access protected speech, it fails strict scrutiny by employing the least effective and yet also most restrictive means of accomplishing Texas’s stated purpose of allegedly protecting minors. While safety and compliance are at the forefront of our mission, providing identification every time you want to visit an adult platform is not an effective solution for protecting users online, and in fact, will put minors and your privacy at risk.”

Texas residents join users in Montana, North Carolina, Virginia, Louisiana, Arkansas, Mississippi, and Utah, all states where age verification laws have passed and Pornhub has blocked access in response. Ohio faces the possibility of being next.

Critics of these laws have highlighted the privacy and security risks of handing over one’s ID to websites in order to view legal entertainment online. Adult industry advocates propose device-level controls, as the blocked sites’ messages mention.

In August, Pornhub and several other porn sites sued to block the Texas age verification law from going into effect, and a judge granted a stay.

But Paxton appealed to the court’s injunction with the Fifth Circuit, and the law went into effect.

Archive.org link

Some key excerpts:

The House on Wednesday passed a bill that would lead to a nationwide ban of the popular video app TikTok if its China-based owner doesn’t sell, as lawmakers acted on concerns that the company’s current ownership structure is a national security threat.

The bill, passed by a vote of 352-65, now goes to the Senate, where its prospects are unclear.

The lawmakers contend that ByteDance is beholden to the Chinese government, which could demand access to the data of TikTok’s consumers in the U.S. any time it wants. The worry stems from a set of Chinese national security laws that compel organizations to assist with intelligence gathering.

House passage of the bill is only the first step. The Senate would also need to pass the measure for it to become law, and lawmakers in that chamber indicated it would undergo a thorough review. Senate Majority Leader Chuck Schumer, D-N.Y., said he’ll have to consult with relevant committee chairs to determine the bill’s path.

Opposition to the bill was also bipartisan. Some Republicans said the U.S. should warn consumers if there are data privacy and propaganda concerns, while some Democrats voiced concerns about the impact a ban would have on its millions of users in the U.S., many of which are entrepreneurs and business owners.

TikTok has long denied that it could be used as a tool of the Chinese government. The company has said it has never shared U.S. user data with Chinese authorities and won’t do so if it is asked. To date, the U.S. government also has not provided any evidence that shows TikTok shared such information with Chinese authorities. The platform has about 170 million users in the U.S.

Republican leaders have moved quickly to bring up the bill after its introduction last week. A House committee approved the legislation unanimously, on a 50-vote, even after their offices were inundated with calls from TikTok users demanding they drop the effort. Some offices even shut off their phones because of the onslaught.

As president, Trump attempted to ban TikTok through an executive order that called “the spread in the United States of mobile applications developed and owned by companies in the People’s Republic of China (China)” a threat to “the national security, foreign policy and economy of the United States.” The courts, however, blocked the action after TikTok sued, arguing such actions would violate free speech and due process rights.

Archive link: https://archive.ph/168Vn

There are now several games known to be getting delisted by WBD. I will link to the article with the list at the end

Some key highlights:

Warner Bros. Discovery, as part of its ongoing effort to stretch the definition of "entertainment company," recently told a solo indie developer it would be "retiring" his 2016 dreamlike puzzle adventure game Small Radios Big Televisions from the Steam and PlayStation stores. The developer, in response, has made it free to download for PC

Deery clarified that the game will be pulled in the next 60 days. Deery noted that Adult Swim Games "hasn't really been a thing for many years now" and that most of the people he worked with had moved on. "When you're working with purely digital products nothing is going to stay around for very long," Deery told Game Developer.

The reason given by Warner Bros. Discovery, as seen in the notice that Game Developer also reviewed, was "internal business changes." "Thank you for your contribution to our game library and understanding during this transition," the notice concludes. "We are available should you have any questions."

Warner Bros. Discovery executives said late last month during a financial call that its gaming business was due for a "tough" year-over-year comparison. That is largely due to Suicide Squad: Kill the Justice League

At a higher level, the merged Warner Bros. Discovery entity has shown no hesitation when it comes to folding known names and removing content. The firm killed the fully produced Batgirl and a Scooby-Doo film prior to release as a reported tax strategy.

It's hard to imagine how much it would cost to maintain storefront support for this sub-$20 game from 2016, but it was apparently too much for Warner Bros. Discovery.

The list of Adult Swim games can be found here: https://delistedgames.com/as-more-developers-confirm-it-looks-likely-that-all-adult-swim-games-titles-will-be-removed-by-may/ (Archive link: https://archive.ph/fjt3Q)

Archive link: https://archive.ph/WOlNl

The Swedish gaming company Embracer Group AB is canceling a video game in the beloved Deus Ex series after two years of development and will lay off a number of employees as part of an ongoing initiative to cut costs, according to people familiar with the moves.

Eidos, the Montreal, Canada-based studio behind the game, will instead focus on an original franchise. The canceled Deus Ex project, which had not yet been announced, was slated to enter production later this year, said the people, speaking anonymously because they are not authorized to talk to the press.

The company did not immediately respond to a request for comment. Following a period of massive expansion during the pandemic, Embracer Group has lately been making widespread layoffs, game cancellations and studio closures.

The sci-fi Deus Ex series has been critically acclaimed and sold more than 14 million units worldwide. It was acquired by Embracer in 2022.

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Nintendo Co. will launch a new game console this year with an 8-inch LCD screen, according to Omdia analyst Hiroshi Hayase.

The new device from the Kyoto-based games maker will be responsible for a doubling in shipments of so-called amusement displays in 2024, Hayase said in Tokyo on Friday. His research focuses on small and medium displays and he bases annual forecasts on checks with companies in the supply chain

cross-posted from: https://beehaw.org/post/11075469

Image transcription: A blue stylized shirt with the logo of The Wash from SpongeBob, a sticker of a squashed Plankton, a sticker resembling Squidward's "I really wish I weren't here right now" pin, a sticker resembling Mr. Krabs' mom's underwear, a keychain of Mr. Krabs, SpongeBob, and Patrick playing D&D, a BFF ring (which I didn't make), and a Chum Bucket bucket to hold everything.