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Scott Ertz TikTok sued over Blackout Challenge: Section 230 immunity challenged
(2024-09-01)
TikTok is known for a lot of things, but its bizarre trends and challenges have become its most controversial. From the more tame trends like the Cinnamon Challenge to incredibly dangerous trends like the Tide Pod Challenge, TikTok has promoted a number of odd things. One of the more dangerous trends was the Blackout Challenge in 2022, which led to several deaths. This week, a court ruled that Section 230 does not insulate the company from fault in relation to the deaths from the Blackout Challenge.

[heading" class="UpStreamLink">What was the Blackout Challenge?[/heading" class="UpStreamLink">
The 2022 Blackout Challenge on TikTok was a dangerous social media trend that encouraged participants to choke themselves with household items until they passed out, then film the experience and share it online. This challenge, which gained significant traction on the platform, led to numerous injuries and fatalities, particularly among young users. The challenge's popularity highlighted the risks associated with viral internet trends, especially those that involve self-harm or risky behavior.

Tragically, the Blackout Challenge was linked to the deaths of at least 20 children within an 18-month period. The challenge's spread raised serious concerns about the role of social media platforms in moderating harmful content and protecting vulnerable users. In response to these incidents, TikTok faced legal actions and increased scrutiny from regulators and parents, who demanded stricter content moderation and better safety measures to prevent such dangerous trends from proliferating. The Blackout Challenge serves as a stark reminder of the potential dangers of viral challenges and the need for greater awareness and intervention to protect users, especially minors.

[heading" class="UpStreamLink">A challenging lawsuit against TikTok[/heading" class="UpStreamLink">
In May 2022, Tawainna Anderson filed a lawsuit against TikTok and its parent company, ByteDance, following the tragic death of her 10-year-old daughter, Nylah. Nylah had attempted the dangerous Blackout Challenge. The lawsuit alleges that TikTok's algorithm promoted these harmful videos to young users, including Nylah, despite the known risks. Anderson's legal action claims that TikTok and ByteDance were aware of the challenge and failed to take adequate measures to prevent such content from being accessible to minors.

The case has drawn significant attention to the responsibilities of social media platforms in moderating content and protecting vulnerable users. Initially, a federal district court dismissed the lawsuit, citing Section 230 of the Communications Decency Act, which provides immunity to platforms for third-party content. However, when a service begins altering the content that it shows to users, it can lose its immunity under Section 230.

[heading" class="UpStreamLink">A legal reprieve in court[/heading" class="UpStreamLink">
This week, the Third Circuit Court of Appeals partially reversed this decision, allowing the lawsuit to proceed. The court ruled that TikTok's algorithm, which curates and recommends videos, could be considered the platform's own expressive activity, thus not protected under Section 230. This ruling could have far-reaching implications for how social media companies manage and recommend content, potentially leading to stricter regulations and greater accountability.

Social media companies have continued to try to hide behind Section 230, while actively promoting and demoting certain content. Section 230 is intended to protect platforms, defined as digital intermediaries that allow others to share speech and content. However, it does not protect publishers, defined as moderated content services. Publishers determine what content will be shown, what content will be not be shown, and the priority of that content. The court has said that, in this case, the prosecution can argue that TikTok's curated algorithm could disqualify it from Section 230 protections, allowing the case to move forward.
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Scott Ertz Yelp vs. Google: The antitrust battle over local search dominance
(2024-09-01)
Yelp has filed suit against Google once again, this time claiming that the company has continually abused its market position to dominate the locals market. This is not the first time the companies have fought in court over local data and search results, but this one appears to be looking to harm Google's trust more than getting them to stop stealing data.

[heading" class="UpStreamLink">Why has Yelp sued Google this time?[/heading" class="UpStreamLink">
Yelp recently filed an antitrust lawsuit against Google, accusing the tech giant of abusing its dominance in the local search and advertising markets. The lawsuit, filed in federal court in San Francisco on August 28, 2024, alleges that Google has been engaging in illegal self-preferencing practices. This means that Google is accused of favoring its own services and products in search results, thereby stifling competition and harming consumers. Yelp argues that these practices have significantly impacted its business and the broader market for local search services.

Yelp's CEO Jeremy Stoppelman described the lawsuit in a post on the company's website, saying,

Abandoning its stated mission to deliver the best information to users, Google has illegally abused its monopoly in general search to dominate the local search and local search advertising markets -- engaging in anticompetitive conduct that has degraded the quality of search results and demoted rivals to grow its market power.

[heading" class="UpStreamLink">Yelp and Google have battled before[/heading" class="UpStreamLink">
In 2009, Yelp sued Google claiming that the company was using its market dominance to allow it to steal content. The claim was around Google's local search results, just like this suit. However, the previous suit was because Google was taking Yelp's content and displaying it in its Local search results, but without any attribution.

If you weren't around for this, Google would show reviews for local businesses attached to their location-based results. these reviews were pulled from several sources, with Yelp being the primary source. The issue was that Google did not give attribution to the source of the review, nor did they link back to the original review within context. This meant that potential customers couldn't verify that the reviews were actually for the business in question, and Yelp was losing visitors and ad revenue. In the end, Google shut down its local search product and started over with Google Maps with business profiles.

[heading" class="UpStreamLink">Google's global legal troubles[/heading" class="UpStreamLink">
The lawsuit comes at a time when Google is already under scrutiny for its monopolistic practices in various markets. Google has been at the center of numerous global antitrust issues, facing significant scrutiny from regulatory bodies in both the United States and the European Union.

In the U.S., the Department of Justice filed a landmark antitrust lawsuit against Google in 2020, accusing the company of monopolizing the search and search advertising markets. This case, which went to trial in September 2023, alleges that Google used its dominant position to stifle competition and maintain its monopoly by engaging in exclusionary practices. The outcome of this trial could have far-reaching implications for the tech industry, potentially leading to stricter regulations and changes in how Google operates its core services.

In Europe, Google has faced multiple antitrust investigations and fines over the past decade. The European Commission has issued several rulings against Google, including a record €4.34 billion fine in 2018 for abusing its dominance with the Android operating system. Other cases have involved Google's practices related to its shopping service and online advertising platform, AdSense. These actions reflect ongoing concerns about Google's influence over digital markets and its impact on competition. As a result, Google continues to be under intense regulatory scrutiny worldwide, with potential new regulations and legal challenges on the horizon.

Yelp's legal action highlights the ongoing concerns about Google's influence over internet search and its potential to unfairly disadvantage competitors. If successful, this lawsuit could lead to significant changes in how Google operates its search and advertising services, potentially opening up more opportunities for competitors like Yelp. The outcome of this case will be closely watched by industry stakeholders and could have far-reaching implications for the tech industry as a whole.
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Scott Ertz Sony's Concord: A disastrous launch marred by lackluster content
(2024-09-01)
The entire gaming segment of the internet is talking about Sony's recently released multiplayer hero shooter Concord. Normally, this would be a good thing for a newly released videogame, but for Sony this could spell disaster. That's because the conversation is around the potential failure that is Concord.

[heading" class="UpStreamLink">What is Concord?[/heading" class="UpStreamLink">
Sony's new game, Concord, was billed as an exciting addition to the world of first-person shooters, developed by Firewalk Studios. Set in a vibrant sci-fi universe, Concord invites players to assemble their crew of Freegunner space outlaws and engage in thrilling 5v5 PvP battles across the galaxy. The game emphasizes teamwork and strategy, allowing players to handpick their roster from the crew of the Northstar, a group of misfits and adventurers working as guns-for-hire. With its character-driven gameplay and dynamic environments, Concord promises an immersive and action-packed experience for both PS5 and PC gamers.

The game was released on August 23, 2024, following a beta phase in July, giving players an early taste of its innovative gameplay. The game aims to stand out with its unique blend of fast-paced combat and deep narrative elements, offering a fresh take on the multiplayer FPS genre. Players can look forward to regular content updates, including new maps, characters, and cosmetic rewards, ensuring that the game remains engaging and evolving over time. With its combination of strategic team play and rich storytelling, Concord is set to make a significant impact in the gaming community.

[heading" class="UpStreamLink">Will Concord's impact be positive on the community?[/heading" class="UpStreamLink">
Apparently, no. The game's launch, by all public metrics, has been an absolute disaster. Many games every year don't sell well when they launch. This can be because of a lack of marketing budget, uninspired gameplay, or simply being a bizarre game. however, that is not the case with Concord.

On release day, Concord only had a peak of 697 concurrent players on Steam. That is less than Slime Rancher 2, an indie game by Monomi Park that released 2 years ago to 21,524 concurrent players, but had 714 concurrent players today. As of today, only a week later, the concurrent player count is 93 with an average player count of 190.

So, are the game's sales really that bad? It would appear that they are. According to Circana analyst Mat Piscatella speaking to IGN,

Concord ranked 147th in US PS5 daily active players across all titles, with fewer than 0.2% of Monday's active PS5 players playing the game.

[heading" class="UpStreamLink">A bad sign for Sony gamers[/heading" class="UpStreamLink">
The significance of this failure is different than most others because of the studio behind the game. Concord is a Sony first-party title developed by studio Firewalk Studios, meaning that it should be a Sony customer's dream. However, this has not helped the game.

Sony seems to have bungled this one all along. The marketing was not great, with many gamers not even knowing the game exists. Those who do know about it were not impressed by the game. Entering the incredibly crowded market of hero shooters this late required that the game truly differentiate itself. But the studio seems to have neglected to do that, giving players absolutely no reason to try out a new game in this crowded genre. Why switch from Overwatch to Concord if there is nothing special about the game? The answer from gamers seems to be there is no reason.

So, will Sony revamp the game or give up on it entirely? Only time will tell.
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Scott Ertz Amazon's Upgraded Alexa Plus: Release Date, Pricing, and New Features
(2024-09-01)
Last year, Amazon announced that an upgrade was coming to the company's digital assistant, Alexa. The move came at a strange time for the company, as Alexa's future was up in the air. The new upgrade will focus on producing answers that the company hopes will be more relevant using generative AI. Unlike the standard Alexa service, however, this one will not be made available for free. But, if the rumors are correct, this upcharged service will be available soon.

[heading" class="UpStreamLink">New Alexa features coming to the service[/heading" class="UpStreamLink">
Amazon is set to revolutionize its Alexa voice assistant with new generative AI features. This upgrade will allow Alexa to understand and respond to complex requests, maintaining the context of previous interactions for a more seamless user experience. Additionally, Alexa will be able to create custom chatbots, generate music, and offer immersive quizzes, expanding its utility beyond traditional voice commands.

Another significant change is the introduction of a premium version of Alexa, known as Alexa Plus, which will come with advanced AI-powered features for a monthly fee. This version promises to deliver more personalized and intelligent responses, catering to users who seek a more sophisticated virtual assistant. The current version of Alexa is said to be rebranded as "classic Alexa," ensuring that users still have access to familiar functionalities while offering an option to upgrade for enhanced capabilities. These updates mark a significant step forward in making Alexa a more integral part of daily life, providing users with a smarter, more interactive experience.

[heading" class="UpStreamLink">Alexa Plus to use Anthropic's Claude AI[/heading" class="UpStreamLink">
Amazon's decision to integrate Anthropic's Claude AI into Alexa Plus marks a significant shift from relying on its own AI technology. This move is aimed at enhancing the conversational abilities of Alexa, making it more intuitive and capable of handling complex queries. By leveraging Claude AI, Alexa Plus can provide more context-aware responses, maintaining the flow of conversation more naturally. This partnership is expected to elevate the user experience, offering a more sophisticated and interactive virtual assistant that can better understand and respond to user needs.

According to a report from Reuters, the company has eschewed its own technology because it simply didn't perform at a level that would work. The company does not deny these rumors that it is using other AI technology, but claims that it will also use its own technology.

Amazon uses many different technologies to power Alexa.

When it comes to machine learning models, we start with those built by Amazon, but we have used, and will continue to use, a variety of different models-including (Amazon AI model) Titan and future Amazon models, as well as those from partners-to build the best experience for customers.

[heading" class="UpStreamLink">When will the upgraded Alexa release?[/heading" class="UpStreamLink">
The upgraded Alexa, featuring new generative AI capabilities, is expected to be released in October 2024. However, this date might be delayed if the voice assistant does not meet certain internal benchmarks. The new Alexa Plus is anticipated to cost between $5 to $10 per month. Amazon plans to finalize the pricing and naming details by release.

Despite the introduction of a subscription fee, the free version of Alexa will remain available. Amazon faces challenges in convincing users to pay for a service that has traditionally been free, especially with competition from other AI offerings like ChatGPT and Windows Copilot. Analysts estimate that if 10% of Alexa's 100 million active users upgrade, Amazon could generate $600 million to $1.2 billion in annual sales. The upgraded Alexa aims to attract subscribers with features like AI-generated news summaries, a chatbot for children, and conversational shopping tools.
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Scott Ertz Kim Dotcom extradited to the US 12 years after Megaupload arrests
(2024-08-18)
After more than a decade, Megaupload founder Kim Dotcom may finally be extradited to the United States. The New Zealand Justice Minister Paul Goldsmith has officially signed an extradition order for the infamous site owner. However, the extradition is not guaranteed as Dotcom still has some options, and has vowed to continue fighting.

[heading" class="UpStreamLink">Who is Kim Dotcom?[/heading" class="UpStreamLink">
Kim Dotcom, born Kim Schmitz on January 21, 1974, is a German-Finnish internet entrepreneur and political activist known for his controversial ventures in the tech world. He first gained notoriety in the 1990s as a hacker in Germany, where he was convicted of computer fraud and data espionage. Dotcom later founded the file-hosting service Megaupload in 2005, which became immensely popular for sharing large files, including copyrighted content. However, in 2012, the U.S. Department of Justice shut down Megaupload and charged Dotcom with criminal copyright infringement, money laundering, and racketeering.

Following the shutdown of Megaupload, Dotcom faced a lengthy legal battle over his extradition to the United States. Residing in New Zealand at the time, he was arrested during a dramatic raid on his mansion in 2012. Despite multiple court rulings in favor of his extradition, Dotcom has consistently denied any wrongdoing and argued that the charges were politically motivated, driven by Hollywood studios.

Beyond his legal troubles, Dotcom has continued to be an influential figure in the tech industry. In 2013, he launched another cloud storage service called Mega, although he severed ties with the company in 2015. He also ventured into politics, founding the Internet Party in New Zealand, which aimed to promote digital rights and internet freedom. Despite his controversial past, Dotcom remains a vocal advocate for internet privacy and freedom, maintaining a significant presence on social media.

[heading" class="UpStreamLink">What comes next for Kim Dotcom?[/heading" class="UpStreamLink">
Following the recent signing of his extradition order by New Zealand's Justice Minister, Kim Dotcom faces a significant legal battle as he prepares to be sent to the United States to face charges. Dotcom has vowed to continue fighting the extradition, leveraging every possible legal avenue to delay or overturn the decision. His legal team is expected to file appeals and seek judicial reviews, which could potentially extend the process for several more years. This ongoing legal struggle underscores Dotcom's determination to avoid extradition and his belief that the charges against him are politically motivated.

If extradited, Dotcom will face trial in the U.S. on multiple charges, including conspiracy to commit racketeering, copyright infringement, and money laundering. The U.S. government alleges that his now-defunct file-sharing site, Megaupload, facilitated massive copyright violations, resulting in significant financial losses for content creators and copyright holders. The trial is expected to be highly publicized, given Dotcom's notoriety and the scale of the alleged crimes. A conviction could lead to substantial prison time and financial penalties, marking a dramatic turn in Dotcom's life and career.

Beyond the courtroom, Dotcom's extradition and potential trial will likely have broader implications for internet privacy and digital rights advocacy. Dotcom has been a vocal critic of government surveillance and a proponent of internet freedom, and his case could spark renewed debates on these issues. Additionally, the outcome of his trial may influence future policies and regulations regarding online content sharing and copyright enforcement. As Dotcom continues to fight his legal battles, his case remains a focal point in the ongoing discourse about the balance between intellectual property rights and internet freedom.
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