60,000 Eastern Europeans to be flown in to pick fruit and veg – turns out they weren’t stealing jobs then, brexit!

Air Charter Service has told the BBC that the first flight will land on Thursday in Stansted carrying 150 Romanian farm workers.

The firm told the BBC that the plane is the first of up to six set to operate between mid-April and the end of June.

Government department Defra said it was encouraging people across the UK “to help bring the harvest in”.

British farmers recently warned that crops could be left to rot in the field because of a shortage of seasonal workers from Eastern Europe. Travel restrictions due to the coronavirus lockdown have meant most workers have stayed at home.

Several UK growers have launched a recruitment drive, calling for local workers to join the harvest to prevent millions of tonnes of fruit and vegetables going to waste. However concerns remain that they won’t be able to fulfil the demand on farms.

Source: Eastern Europeans to be flown in to pick fruit and veg – BBC News

‘Crime against humanity’: Trump (the man who mismanaged Corona most in!) condemned for WHO funding freeze

Leading health experts have labelled Donald Trump’s decision to cut funding to the World Health Organization (WHO) as a “crime against humanity” and a “damnable” act that will cost lives.

The move also drew a rebuke from the head of the United Nations, who said the WHO was “absolutely critical to the world’s efforts to win the war against Covid-19”.

Late on Tuesday Trump declared US funding would be put on hold for 60-90 days pending a review “to assess the World Health Organization’s role in severely mismanaging and covering up the spread of the coronavirus”. The US is the single largest contributor to the WHO.

Richard Horton, the editor-in-chief of the Lancet medical journal, wrote that Trump’s decision was “a crime against humanity … Every scientist, every health worker, every citizen must resist and rebel against this appalling betrayal of global solidarity.”

Antonio Guterres, the UN secretary general, said it was “not the time” to cut funding or to question errors. “Once we have finally turned the page on this epidemic, there must be a time to look back fully to understand how such a disease emerged and spread its devastation so quickly across the globe, and how all those involved reacted to the crisis,” said Guterres.

“The lessons learned will be essential to effectively address similar challenges, as they may arise in the future. But now is not that time … It is also not the time to reduce the resources for the operations of the World Health Organization or any other humanitarian organization in the fight against the virus.”

Echoing Guterres’s plea, Dr Amesh Adalja, a senior scholar at the Johns Hopkins University Center for Health Security, said the WHO did make mistakes and may need reform but that work needed to take place after the crisis had passed. “It’s not the middle of a pandemic that you do this type of thing,” he said.

Dr Nahid Bhadelia, an infectious disease doctor and associate professor at Boston University’s school of medicine, said the cut was “an absolute disaster. WHO is a global technical partner, the platform through which sovereign countries share data/technology, our eyes on the global scope of this pandemic.”

Laurie Garrett, a former senior fellow of the Council on Foreign Relations, said the decision was a “damnable” act by a “spiteful” Trump and would cost lives. “Meanwhile, WHO is the only lifeline most African, Latin American and Asia Pacific nations have.”

Lawrence Gostin, the director of the WHO centre on public health and human rights, predicted the US would ultimately lose out because other countries would step into the vacuum with increased funding. “In global health and amidst a pandemic, America will lose its voice,” said Gostin.

The WHO has come under fire over some aspects of its handling of the pandemic, and has been accused of being too deferential to China, considering the Communist party’s early suppression of information and punishment of whistleblowers. Much of the focus of the criticism has been on a 14 January tweet from the WHO that said “preliminary investigations conducted by the Chinese authorities have found no clear evidence of human-to-human transmission”. But WHO officials also told their counterparts in technical briefings on 10 and 11 January, and briefed the press on 14 January, that human-to-human transmission was a strong possibility given the experience of past coronavirus epidemics and urged suitable precautions.

The WHO has also been attacked over its continuing exclusion of Taiwan from membership because Beijing considers it to be Chinese territory. Trump’s decision to cut funding was welcomed in some quarters, including by the Hong Kong democracy activist Joshua Wong, who called the WHO an “arm of Chinese diplomacy”.

Trump’s pronouncement came amid sustained criticism of his failure to prepare for the epidemic, which has infected more than 600,000 people and killed more than 24,000 inside his country. The US is the worst affected country in the world in terms of infection numbers. On Wednesday it was reported that $1,200 relief cheques for as many as 70 million people could be delayed for several days because Trump wanted his name printed on them.

Source: ‘Crime against humanity’: Trump condemned for WHO funding freeze | World news | The Guardian

ICANN suffers split-personality disorder as deadline for .org sale decision draws close

With just seven days left until it has to make a decision on the $1.13bn sale of the .org registry to a private equity firm, DNS overseer ICANN appears in chaos.

In a series of communications from senior executives, ICANN has embarked on a public negotiation with potential buyer Ethos Capital over the sale of the domain, while at the same time aggressively questioning its corporate structure.

A blog post from ICANN’s CEO Goran Marby late last week highlighted revised “public interest commitments” (PICs) that Ethos Capital had published as a way to resolve ongoing concerns over the sale, and gave the clear signal that ICANN is intending to approve the deal on April 20.

There has been a clear negotiation between the two sides: Marby’s post came one day after an email from Ethos’ lawyer (since published [PDF] noted that the new changes were in direct response to a letter from ICANN sent just a few days earlier. “In making these changes, they specifically focused on changes that go to the clarity and enforceability of the PICs as you mentioned,” Ethos noted.

At the same time as it is moving forward on a deal, however, ICANN continues to dig [PDF] into Ethos Capital’s unusual corporate structure: something that critics say is no more a corporate shell game designed to hide the true owners of the company.

ICANN is also looking at its financing of the deal, which financial experts have warned is typical of a debt-leveraged buyout where a founding firm is saddled with debt after the financiers walk away with a healthy profit.

Debt pile

“Can you please provide more detail on PIR’s current plans with respect to the repayment of the $360m term loan at the maturity date in light of Ethos Capital’s ten plus investment horizon for PIR?,” reads just one of dozens of pointed questions in a letter from ICANN to the company nominally in charge of .org, Public Interest Registry (PIR).

Another makes it plain that ICANN believes information is being hidden: “ICANN has specifically requested that PIR provide the entities and individuals that will ‘control’ PIR post-transaction as that is defined in PIR’s registry agreements. PIR has provided some information regarding share ownership but has not provided the specific information regarding ‘control’.”

There are no less than six different companies involved on the Ethos side of the transaction, all of them based in Delaware, a common base for shell companies, and all but one was incorporated on the same day, October 24, 2019.

In addition to Ethos Capital LLC, which was incorporated in May – the day after ICANN made it clear it was planning to remove price caps on .org domains in a decision worth tens of millions of dollars – there is also Ethos Purpose GP, LLC, and then four “Purpose Domains” companies: Purpose Domains Direct, Feeder, Holdings and Investments.

ICANN has asked for the directors of each of these companies and the structural connections between them but from published letters from Ethos and ICANN is it clear that Ethos has been withholding specific pieces of information.

Public interest

In addition to this mixed message, ICANN has still not outlined its decision-making process despite repeat calls from the internet community, including the world’s governments, to do so.

There is an obvious public interest in the sale of millions of .org domains but ICANN has repeatedly failed to say how or whether it will factor that in its decision. At a recent public meeting its general counsel failed to use the term “public interest” when discussing how a decision would be made; an omission that prompted the Governmental Advisory Committee (GAC) to pointedly note [PDF] that the ICANN Board had told it that “all options remain open and that the Board will consider the public interest in its decision-making.”

However, when PIR argued that ICANN only had grounds to reject the sale on issues of “security, reliability, or stability of services,” ICANN pushed back saying that it would not accept “any artificial restriction,” and noted “the obvious importance to the public interest of its operation.”

ICANN changes tune however when other groups point to “public interest” as a key reason for denying the sale. In his most recent letter to the GAC [PDF], ICANN’s chair Maarten Bottermann said that the organization “will apply a standard of reasonableness in making its determination on whether to provide or withhold its consent to the request.”

In a second sentence, he then notes that “the ICANN Board will continue to consider the public interest in all its decision-making using the totality of the information received.”

The difference between “apply” and “consider” is not lost on those watching the process; nor is the fact that ICANN has failed to define the term “reasonableness,” despite it now being the main factor of consideration.

[…]

Source: ICANN suffers split-personality disorder as deadline for .org sale decision draws close • The Register

Amazon hiring 75,000 more workers as demand rises due to coronavirus, after hiring 100k more last month

Amazon is hiring an additional 75,000 workers at its facilities, on top of the 100,000 new positions it created last month, the company said Monday.

In March, the company said it would hire additional warehouse and delivery workers across the country amid a surge in online shopping during the coronavirus outbreak. Since then, Amazon said it has hired more than 100,000 new employees and, as a result, is staffing up even more to help fulfill orders.

“We continue to see increased demand as our teams support their communities, and are going to continue to hire, creating an additional 75,000 jobs to help serve customers during this unprecedented time,” the company said.

As it continues to hire more workers, Amazon has also raised employees’ hourly pay and doubled overtime pay for warehouse workers. Through the end of April, warehouse and delivery workers can earn an additional $2 per hour in the U.S., 2 pounds per hour in the U.K., and approximately 2 euros per hour in many EU countries. Amazon currently pays $15 per hour or more in some areas of the U.S. for warehouse and delivery jobs.

Amazon has announced several benefits changes on top of the pay increases. The company has allowed workers to take unlimited unpaid time off and provides two weeks of paid leave for workers who tested positive for the virus or are in quarantine.

Amazon said it expects to continue investing in pay increases, benefits and safety improvements for warehouse and delivery workers. The company previously expected to spend $350 million on pay increases, but now estimates it will spend more than $500 million on those efforts.

Despite the pay increases and benefits changes, Amazon workers from at least three facilities have staged protests to call for the company to better protect workers amid the coronavirus outbreak. A dozen workers told CNBC they felt Amazon needed to provide employees with paid time off, among other concerns.

Source: Amazon hiring 75,000 more workers as demand rises due to coronavirus

Suspicious senate stock sale spurt spurs scrutiny scheme: This website tracks which shares US senators are unloading mid-pandemic

In the wake of reports last month that four US senators sold stocks shortly after a classified briefing on January 24 about the risk posed by the novel coronavirus, Timothy Carambat, a mechanical and software engineer, created a website to make stock sales by every senator more visible.

In an email to The Register, Carambat, who runs a design firm based in Covington, Louisiana, called Industrial Object, explained he was motivated to create Senate Stock Watcher after news broke that Senators Richard Burr (R-NC), Dianne Feinstein (D-CA), James Inhofe (R-OK), and Kelly Loeffler (R-GA) had dumped stocks before most people in America understood the implications of the outbreak. It is illegal for senators to buy and sell shares using non-public information.

Burr, chairman of the Senate Intelligence Committee, has been sued for alleged securities fraud, a charge he has denied. It is said he unloaded up to $1.7m in stocks in mid-February, particularly in hotel groups that would be later hit hard by the virus pandemic, all while receiving daily confidential briefings about the impact of the bio-nasty – and reassuring the public everything would be fine.

“As public servants, there are some senators making alarmingly large money movements at what would seem to be very fortunate timing in the market,” Carambat said.

“I understand some senators were previously very accomplished businesspeople, but in my opinion, the level of access they have to information currently is highly privileged and it would only make sense to keep their own financial best interests at heart.”

Details about the stock sales in news reports prompted Carambat to look into the source of the data, which turned out to be the US Senate Financial Disclosures website.

Source: Suspicious senate stock sale spurt spurs scrutiny scheme: This website tracks which shares US senators are unloading mid-pandemic • The Register

Germany Flies in Seasonal Farm Workers Amid COVID-19 Efforts – yeah I thought they wanted to keep out the immigrants or something?

Two planeloads of Eastern European farmhands arrived Thursday in Berlin and Duesseldorf amid strict precautions to protect the country from the new coronavirus, as an ambitious German program to import thousands of seasonal agricultural workers got underway.

Seasonal workers had been caught up in the country’s ban on travel after the outbreak of the coronavirus. That left a massive deficit in personnel available to pick asparagus, which has already sprouted, and plant other crops in German fields, where some 300,000 such workers were employed last year.

Most came from Eastern European countries such as Romania, Bulgaria, Ukraine, and Hungary, where wages are much lower than in Germany, which is Europe’s largest economy.

Under the new program, workers need to fly to the country in controlled groups — to prevent the possible infection of others en route — and are subject to medical checks upon arrival. They then must live and work separately from other farmhands for two weeks, and wear protective gear.

Announcing the program, Agriculture Minister Julia Kloecker said it was a “pragmatic and goal-oriented solution” that would allow up to 40,000 seasonal workers into the country in April, and another 40,000 in May. She said the hope was to find an additional 20,000 over the two months among Germany’s own unemployed, students or resident asylum seekers.

“This is important and good news for our farmers,” she said. “Because the harvest doesn’t wait and you can’t delay sowing the fields.”

Ahead of time, interested workers have to register online and have their information checked by federal police. Farmers needing help register online with Eurowings, the airline contracted to bring the workers in, saying when they’re needed and where.

So far, 9,900 people had registered for April and another 4,300 for May.

Flights are then organized to bring in groups, and the first group of workers, 530 people from Romania, arrived on Thursday in Duesseldorf and Berlin, Eurowings said. Further flights were already planned to Duesseldorf, Karlsruhe, Leipzig, Nuremberg and Frankfurt.

Source: Germany Flies in Seasonal Farm Workers Amid COVID-19 Efforts | Time

Pandemic Shutdowns Will Help the Economy, Too

A study by economists Sergio Correia, Stephan Luck and Emil Verner suggests that the best way to save your economy is to save your people. The authors looked at the economic impact of the Spanish influenza pandemic of 1918 on different U.S. cities. They concluded that the earlier, more forcefully and longer cities responded, the better their economic recovery.
A faculty affiliate from the Harvard Department of Economics writes in Bloomberg: [C]ities that implemented aggressive social distancing and shutdowns to contain the virus came out looking better. Implementing these policies eight days earlier, or maintaining them for 46 days longer were associated with 4% and 6% higher post-pandemic manufacturing employment, respectively. The gains for output were similar. Likewise, faster and longer-lasting distancing measures were associated with higher post-pandemic banking activity…

[T]his is at least consistent with the arguments my Bloomberg Opinion colleagues Noah Smith and Michael Strain have already put forward for why easing distancing measures too early would be potentially devastating for the economy… [I]t looks like the things we should be doing to save lives are also what we should be doing to save the economy.

Source: Pandemic Shutdowns Will Help the Economy, Too – Slashdot

New York Stock Exchange Chairman Sold Millions in Stock Before Crash and after wife had been briefed about Covid-19 secretly

Jeffrey Sprecher, the chairman of the New York Stock Exchange, sold $3.5 million in stock on February 26, a month after his wife, Senator Kelly Loeffler of Georgia, received a closed-door briefing about the covid-19 threat. According to SEC filings, Sprecher sold $15.3 million more in stock on March 11, at the beginning of the crash that has seen trillions of dollars wiped from the financial markets. Both stock sales were of Intercontinental Exchange (known as ICE), the company that owns the NYSE, and of which Sprecher just happens to be CEO.

The revelations about Sprecher come from a new report by CBS News, which examined filings with the Securities and Exchange Commission (SEC). Loeffler’s own stock sales recently made headlines after it was revealed that she sold millions in stock the same day she received a closed-door January 26 briefing on the potential impact of the covid-19 pandemic. Loeffler denies having any knowledge of the sales done in her name.

What makes Sprecher’s stock sales a scandal? For one, they should have been reported as part of Loeffler’s financial disclosures, but were not. Senators have been required to give periodic financial disclosures since 2012 and those filings include any sales and purchases made by the politician’s spouse.

[…]

his wife had secret information about a global pandemic and both of them unloaded while she kept publicly saying everything was fine and dandy.

In fact, this was the video Loeffler posted to Twitter on March 10, the day before her husband unloaded $15.3 million worth of stock in his own company.

Sprecher and Loeffler are reportedly worth at least $500 million. Capitalism may be on its last legs during the covid-19 pandemic, but you can bet that millionaires and billionaires will do everything they can to keep it afloat. Even if a few million people have to die.

Source: New York Stock Exchange Chairman Sold Millions in Stock Before Crash

Two Senators Dumped Stock After Being Briefed About COVID-19; While Telling The World Things Were Going To Be Fine

Senator Richard Burr is a real piece of work. In 2012 he was one of only three Senators to vote against the STOCK Act. This was a law put in place following a 60 Minutes expose about how Congress was getting filthy stinkin’ rich off of insider trading, since Congress was exempt from insider trading laws. The bill did pass — Burr’s vote against notwithstanding — and President Obama signed into law. Unfortunately, the next year, Congress passed (and Obama signed) an amendment that rolled the rules back for staffers, though it still does apply to elected officials themselves.

So, it’s quite interesting to see the news that Senator Burr just sold off a “significant percentage” of his stock holdings, according to a ProPublica article detailing the sale. A big chunk of that stock sale? In the hospitality industry that has been so hard hit. He had a big chunk of stock in Wyndam Hotels and Extended Stay America, but sold those off just before everything went bad. The timing is interesting:

Soon after he offered public assurances that the government was ready to battle the coronavirus, the powerful chairman of the Senate Intelligence Committee, Richard Burr, sold off a significant percentage of his stocks, unloading between $628,000 and $1.72 million of his holdings on Feb. 13 in 33 separate transactions.

As the head of the intelligence committee, Burr, a North Carolina Republican, has access to the government’s most highly classified information about threats to America’s security. His committee was receiving daily coronavirus briefings around this time, according to a Reuters story.

Now, you might say that there might be another reason why he sold stuff off, but it certainly appears that Burr knew full well what was coming. And that’s because in another news bombshell from just a few hours earlier, a recording was leaked of Burr telling a private luncheon gathering that things were going to be bad — all at the same time he was insisting that the US was totally prepared for COVID-19. A month after he sold all that stock, and a few weeks after he told the private luncheon that the coronavirus was “much more aggressive in its transmission than anything that we have seen in recent history” and compared it “to the 1918 pandemic” he publicly was claiming that we had everything under control:

“Luckily, we have a framework in place that has put us in a better position than any other country to respond to a public health threat, like the coronavirus.”

He also said the same thing just days before selling all that stock:

Thankfully, the United States today is better prepared than ever before to face emerging public health threats, like the coronavirus, in large part due to the work of the Senate Health Committee, Congress, and the Trump Administration.

That op-ed also said:

The public health preparedness and response framework that Congress has put in place and that the Trump Administration is actively implementing today is helping to protect Americans. Over the years, this framework has been designed to be flexible and innovative so that we are not only ready to face the coronavirus today but new public health threats in the future.

And then he sold most of his stock earning somewhere between half a million and a million and a half dollars — most of which would have plunged in value if he’d kept it invested. And, the fact that such a large chunk was in the hospitality industry is telling: he would have likely realized were going to be hit hard by any form of lock down and the expected decline in travel due to the pandemic.

Hours after the Burr story broke, The Daily Beast highlighted how another Senator, the new Senator from Georgia, Kelly Loefler, sold off millions of dollars of stock the very day she was briefed about the COVID-19 threat. She literally tweeted that day:

And then she dumped tons of stock:

Loeffler assumed office on Jan. 6 after having been appointed to the seat vacated by retiring Sen. Johnny Isakson. Between then and Jan. 23 she did not report a single stock transaction from accounts owned by her individually or by her and her husband jointly.

Between Jan. 24 and Feb. 14, by contrast, Loeffler reported selling stock jointly owned with her husband worth between $1,275,000 and $3,100,000, according to transaction reports filed with Senate ethics officials.

For what it’s worth, it’s probably worth noting that Loeffler’s husband, Jeffrey Sprecher, is the chairman and CEO of the New York Stock Exchange. The stock sales included a bunch of retailers: Ross Stores, TJX (owners of TJ Maxx, Marshalls and a bunch of similar brands), and Autozone. All of those are struggling — TJX just announced it’s closing all its stores for at least two weeks.

Like Burr, Loeffler toed the Trumpian line that the country was all set to handle this pandemic that (spoiler alert!) it’s still not ready to handle:

Some might argue that while she didn’t have any transactions in the weeks leading up to that coronavirus briefing, and then sold a bunch of stock, she did make two purchases of stock in that period. But those really don’t help her case:

One of Loeffler’s two purchases was stock worth between $100,000 and $250,000 in Citrix, a technology company that offers teleworking software…

Yes, sold a bunch of other stock, but purchased stock in a company that enables telework, just weeks before practically the whole country moved to telework. The other purchase? Oracle. While Oracle stock has declined along with most of the rest of the market, given how much Oracle pushes itself as a “cloud” provider, you could see someone thinking it might get a boost as well.

Given all, a little other spelunking through the newly released financial disclosures for stocks sales in this period from three other Senators as well: Ron Johnson, Dianne Feinstein, and Jim Inhofe. The details of those sales don’t look quite as suspicious as the other two, but still might raise some eyebrows. Inhofe sold a bunch of Paypal, Intuit, and Apple stock. Feinstein sold a bunch of Allogene Therapeutics stock, a biotech firm doing cancer research — so it’s not clear that that’s related to pandemic info. Johnson made a bundle: between $5 million and $25 million in selling all of his share of a plastic extrusion company, Pacur, but that’s a private family company that he ran before becoming a Senator (his brother now runs the firm), and the sale was made to a private equity firm, and shows no evidence of being connected in any way to the pandemic (indeed, the company does plastic extrusion for medical devices, and you can see why that might suddenly be in more demand these days).

In a just world, someone would be looking into the Burr and Loeffler sales as insider trading. I’m not convinced that we’re in that world right now, though. In the meantime, as many of us are isolated at home, we can rest safe, knowing that Senator Burr and Senator Loeffler socked away a bunch of money while the rest of us suffer. The only surprising thing I will note, is that Burr, at least, is now receiving heavy criticism from both Democrats and Republicans, and even Tucker Carlson — usually a trusty voice repeating Trumpian talking points, has called for Burr to resign.

Of course, it’s worth highlighting one more point: profiting off the coming disaster is horrible and disgusting and awful. But it’s much, much worse to have spent weeks or even months knowing what disaster was about to befall the country and lying to the public about it.

Source: Two Senators Sold A Bunch Of Stock After Being Briefed About COVID-19; While Telling The World Things Were Going To Be Fine | Techdirt

NASA to launch 247 petabytes of data into AWS – but forgot about eye-watering cloudy egress costs before lift-off

NASA needs 215 more petabytes of storage by the year 2025, and expects Amazon Web Services to provide the bulk of that capacity. However, the space agency didn’t realize this would cost it plenty in cloud egress charges. As in, it will have to pay as scientists download its data.

That omission alone has left NASA’s cloud strategy pointing at the ground rather than at the heavens.

The data in question will come from NASA’s Earth Science Data and Information System (ESDIS) program, which collects information from the many missions that observe our planet. NASA makes those readings available through the Earth Observing System Data and Information System (EOSDIS).

To store all the data and run EOSDIS, NASA operates a dozen Distributed Active Archive Centers (DAACs) that provide pleasing redundancy. But NASA is tired of managing all that infrastructure, so in 2019, it picked AWS to host it all, and started migrating its records to the Amazon cloud as part of a project dubbed Earthdata Cloud. The first cut-over from on-premises storage to the cloud was planned for Q1 2020, with more to follow. The agency expects to transfer data off-premises for years to come.

NASA also knows that a torrent of petabytes is on the way. Some 15 imminent missions, such as the NASA-ISRO Synthetic Aperture Radar (NISAR) and the Surface Water and Ocean Topography (SWOT) satellites, are predicted to deliver more than 100 terabytes a day of data. We mention SWOT and NISAR because they’ll be the first missions to dump data directly into Earthdata Cloud.

The agency therefore projects that by 2025 it will have 247 petabytes to handle, rather more than the 32 it currently wrangles.

NASA thinks this is all a great idea: in its documentation for the migration, it said:

Researchers and commercial users of NASA Earth Science data will have increased opportunity to access and process large quantities of data quickly, allowing new types of research and analysis. Data that was previously geographically dispersed will now be accessible via the cloud, saving time and resources.

And it will – if NASA can afford to operate it.

And that’s a live question because a March audit report [PDF] from NASA’s Inspector General noticed EOSDIS hadn’t properly modeled what data egress charges would do to its cloudy plan.

“Specifically, the agency faces the possibility of substantial cost increases for data egress from the cloud,” the Inspector General’s Office wrote, explaining that today NASA doesn’t incur extra costs when users access data from its DAACs. “However, when end users download data from Earthdata Cloud, the agency, not the user, will be charged every time data is egressed.

“That means EDSIS wearing cloud egress costs. Ultimately, ESDIS will be responsible for both cloud costs, including egress charges, and the costs to operate the 12 DAACS.”

And to make matters worse, NASA “has not yet determined which data sets will transition to Earthdata Cloud nor has it developed cost models based on operational experience and metrics for usage and egress.

Scientific data may become less available to end users if NASA imposes limitations on the amount of data egress for cost control reasons

“As a result, current cost projections may be lower than what will actually be necessary to cover future expenses and cloud adoption may become more expensive and difficult to manage.”

There’s more. The watchdog concluded: “Collectively, this presents potential risks that scientific data may become less available to end users if NASA imposes limitations on the amount of data egress for cost control reasons.”

And to put a cherry on top, the report found the project’s organizers didn’t consult widely enough, didn’t follow NIST data integrity standards, and didn’t look for savings properly during internal reviews, in part because half of the review team worked on the project itself.

The result is three recommendations from the auditors:

  1. Once NISAR and SWOT are operational and providing sufficient data, complete an independent analysis to determine the long-term financial sustainability of supporting the cloud migration and operation while also maintaining the current DAAC footprint.
  2. Incorporate in appropriate agency guidance language specifying coordination with ESDIS and OCIO early in a mission’s life cycle during data management plan development.
  3. Ensure all applicable information types are considered during DAAC categorization, that appropriate premises are used when determining impact levels, and that the appropriate categorization procedures are standardized.

At least NASA seems to have bagged a good deal from AWS: The Register used Amazon’s cloudy cost calculator to tot up the cost of storing 247PB in the cloud giant’s S3 service. The promised pay-as-you-go price for us on the street was a staggering $5,439,526.92 per month, not taking into account the free tier discount of 12 cents. The audit, meanwhile, suggests an increased cloud spend of around $30m a year by 2025, on top of NASA’s $65m-per-year deal with AWS.

You don’t need to be a rocket scientist to learn about and understand data egress costs. Which left The Register wondering how an agency capable of sending stuff into orbit or making marvelously long-lived Mars rovers could also make such a dumb mistake.

It turns out NASA makes plenty: your humble vulture found this story after looking into Tuesday’s audit of the agency’s development work on its mobile launchers – the colossal vehicles designed to assemble, transport, and launch SLS and Orion rockets and capsules.

That audit found the project “has greatly exceeded its cost and schedule targets in developing ML-1. As of January 2020, modification of ML-1 to accommodate the SLS has cost $693 million — $308 million more than the agency’s March 2014 budget estimate — and is running more than 3 years behind schedule.” ®

Source: NASA to launch 247 petabytes of data into AWS – but forgot about eye-watering cloudy egress costs before lift-off

Tesla Told Employees to Show Up for Work on Wednesday Despite Shelter-in-Place Order

Electric car company Tesla asked employees to show up to work on Wednesday despite the ongoing coronavirus pandemic, including at its sprawling Fremont, California, production facility, according to emails obtained by CNBC.

[…]

According to CNBC, in an email to workers on Wednesday, Tesla North America HR leader Valerie Workman wrote the company had received “conflicting guidance from different levels of government.” But she suggested that many Tesla jobs are “essential,” mirroring the language of the shelter-in-place order and ignoring a clear directive from the Alameda County Sheriff’s Office that only “minimum basic operations” can continue.

“There are no changes in your normal assignment and you should continue to report to work if you are in an essential function: production, service, deliveries, testing and supporting groups as discussed with your manager,” Workman wrote. She added that Tesla workers would not be penalized for using paid time off if they do not feel well or are “reluctant to come to work.”

According to the Los Angeles Times, Tesla CEO Elon Musk—who is not a doctor or public health expert, but has fought claims of unsafe conditions at Tesla facilities for years—downplayed concerns about the virus in a Monday email to staff. Musk wrote “My frank opinion is that the harm from the coronavirus panic far exceeds that of the virus itself” and stated his belief that covid-19 cases “will not exceed 0.1% of the population.”

“I will personally be at work, but that’s just me,” Musk wrote. “I’d rather you were at home and not stressed, than at work and worried.”

Sgt. Ray Kelly, a spokesman for the Alamedia sheriff, told CNBC that “Our directive was clear” and trying to prevent a slump in production does not constitute an essential service. Many other automakers including General Motors, Ford, and Fiat Chrysler have temporarily suspended U.S. car production on a rotating basis.

According to Bloomberg, an Alameda County spokesperson said that Tesla is preparing to reduce staffing at the facility by 75 percent, though the company didn’t reply to their request for comment.

Update: 3/18/2010 at 9:25 p.m. ET: Per the LA Times, Tesla said it had 2,500 workers on site on Wednesday, about 25 percent of the factory’s normal workforce.

Kelly told the Times that the county “had a good conversation with Tesla today. They understand our position. The county explained they cannot continue their business as usual. They have to go on a minimum operations basis.”

Kelly added that as of Wednesday “it sounds like they’re still making cars,” but that “Tesla is not going to decide what the law is.” If the company continues production despite the workforce reduction the Fremont Police Department may get involved, he added.

Source: Tesla Told Employees to Show Up for Work on Wednesday Despite Shelter-in-Place Order

Tesla’s Removal Of Features On Used Cars Appears To Be In Violation Of Its Own Rules

Last month we reported about Tesla’s occasional practice of removing features like Autopilot and Ludicrous mode from used cars after they’d been purchased by people who bought the cars with those features enabled. While Tesla eventually restored the removed features to the subject of the original story, I’ve been in touch with a number of people with similar stories, and, perhaps even more importantly, with Tesla employees who have confirmed that often Tesla’s actions have been directly counter to the company’s own policies, at least as understood by Service Techs and help center workers.

It’s also worth mentioning that, while I have spoken with Tesla employees at call centers and seen correspondence from service techs about this issue, Tesla corporate has so far not responded to any of my inquiries, not from the previous story, and not from this one.

[…]

I called Tesla’s customer support line at its call center in Draper, Utah. I spoke with two different representatives, and asked each if a feature that was on and available on a used Tesla—I used Ludicrous Mode as an example for one and Autopilot as an example for the other—was a feature that would stay with the car, or if the feature would need to be re-purchased by the next owner.

Both representatives assured me that the features are connected to the car’s VIN, and remained with the car for “the life of the car.” I had them clarify that these features were not subscriptions and were more like installing features in any car, which they confirmed.

I wanted to hear from a Tesla Service Tech as well, right from a Tesla-owned dealership, and I was able to do so when another Tesla owner, Michele, reached out to tell me about issues she had with her purchased-new Model 3, and specifically getting her Autopilot system purchase registered with Tesla’s systems.

I asked her to email her local Tesla dealer (this one was in Santa Barbara) and find out exactly if those features she paid for could be sold with her car if she decided to sell it, and this was the response she got (emphasis mine):

Good Morning Michele,It looks like Tesla did a full-fleet audit of Autopilot which cause this on your vehicle since it was purchased through the service center and not online or the mobile app. Autopilot once purchased stays with the life of the vehicle.

So, we’ve got two very different stories coming from Tesla. On the one side we have what has been actually happening to buyers of used cars. On the other we have the responses I got from call center representatives and an official dealer service advisor are very clear that any feature that was ordered with the car, be it FSD or Autopilot or Ludicrous Mode, stays with that car, keyed to that car’s VIN, for the life of the car.

This fits with how cars have been bought and sold for over a century: the original buyer of the car picks a set of factory-installed options, and if those options are on the car at the time of sale, unless specifically addressed otherwise, those options are considered intergral parts of the car that is being sold.

That means that whatever price was agreed upon for the car is expected to include those options, and if the automaker decides to remove any of those features post-sale, that’s theft.

Again, this is in opposition to what we’ve seen in the examples sent to us directly and appearing in various forums online—Tesla has treated add-on features like FSD and Ludicrous mode as being non-transferable when the car is sold—such as in the cases mentioned here of Alec, Brad, and the used car dealer who bought a Model X for his father.

These both can’t be right. The way that makes the most sense and seems the most fair is to treat these features as any car features like air conditioning or heated seats have been treated. They’re part of the car. When you sell the car, they go with it. Period.

If Tesla does not want to employ this method, it needs to make that absolutely clear to potential buyers of used and new Teslas alike. If you’re buying a used Tesla, the features that need to be re-purchased should not be available on the car when it’s being sold, and if you’re buying a new Tesla, the customer has a right to know they cannot count on those expensive features being part of the car to maintain its resale value.

If Tesla wants to make Autopilot and Ludicrous mode a subscription-type service, then it needs to own up to it and accept its lumps for deciding to do something so craven and greedy. We don’t have to like it, but we’d have to accept it if they made it obvious this was how it worked.

As things are now, it’s confusion. Customers are told one thing very clearly and simply from service centers and help lines—features stay with the car for life—but some customers, without any clear pattern, are told the opposite, in what feels like a brazen attempt to extract thousands of dollars for the company from every Tesla sold used.

I’ve given Tesla plenty of chances to set the record straight here, and if it somehow decides to finally reach out, I’m happy to present its side here, and hopefully bring some clarity to this mess.

As it stands now, though, I’d encourage every Tesla potential buyer, new or used, to get everything clarified and in writing when it comes to your expensive options.

Source: Tesla’s Removal Of Features On Used Cars Appears To Be In Violation Of Its Own Rules

High Court in NL likes monopolies and destroys cusomter oversight decision to open KPN and VodafoneZiggo networks (copper and cable) to 3rd parties

KPN and VodafoneZiggo do not have to open their networks to third parties. That is what the Board of Appeal for Business has decided today.

This means that providers without their own network cannot enforce access to those networks for the provision of services.

The ACM had stipulated that KPN and VodafoneZiggo should both open up their fixed networks to other providers. This was laid down in the wholesale fixed access market analysis decision. This regulation took into consideration on 1 October 2018.

KPN and VodafoneZiggo are very strong in this market and can use that position according to the regulator to raise prices, adjust conditions to their advantage or slow down investments.

However, the CBb considers that ACM has not (sufficiently) proven the existence of such a joint market power. This eliminates the basis for the regulation imposed on KPN and VodafoneZiggo and therefore the access obligations are also lost.

The ACM is ‘disappointed’ by the ruling and is now studying its consequences.

Source: Hoogste rechter vernietigt besluit ACM over openstellen netwerken KPN en VodafoneZiggo – Emerce

Fake News sites pull in around $72m over the EU in advertising

Research Brief: Ad Tech Fuels Disinformation Sites in Europe – The Numbers and Players

The report shows how adverts for high street brands are inadvertently funding some of the most well-known sites for spreading disinformation in Europe.

Five companies account for 97% of ad revenues paid to EU disinformation sites: Google, Criteo, OpenX, Taboola and Xandr.

Source: Research – GDI

Universal to release movies online while they are in theaters, starting with ‘Trolls World Tour’

With the spreading coronavirus pandemic forcing movie theaters to close, Comcast is breaking with tradition and making a number of new movies available to watch at home.

Universal’s “Trolls World Tour” will be the first movie it will simultaneously debut online and in theaters on April 10. Other films that are currently in theaters, like “The Invisible Man,” “The Hunt” and “Emma” will be available for a 48-hour rental as soon as Friday with the suggested price of $19.99.

Typically, movie studios wait 90 days for a film to run in theaters before putting it out to home viewing, but the company will be releasing new films online while they are still in cinemas.

Notably, Universal has decided to implement this new policy for its low-to-mid-tier budgeted films. The budget for “Trolls World Tour” is half that figure, “Invisible Man” was around $7 million and “The Hunt” was around $14 million.

Meanwhile, the release of the upcoming “F9” was pushed from May 2020 to April 2021. The budget for “F9″ is likely on par of that of its predecessor “The Fate of the Furious,” which cost $250 million to make, excluding marketing.

“NBCUniversal will continue to evaluate the environment as conditions evolve and will determine the best distribution strategy in each market when the current unique situation changes,” Jeff Shell, CEO of NBCUniversal, said in a statement Monday.

“Trolls World Tour” is the sequel to Dreamworks and Universal’s animated hit from 2016 “Trolls.” With schools around the country closing and more people seeking to self-quarantine or being ordered to stay at home, “Trolls World Tour” wasn’t likely to draw big crowds. Many theaters that remain open in the U.S. have capped the number of people who can attend.

Making this kid’s film available online allows parents to keep their kids safe from the transmission of COVID-19, but also entertained.

Source: Universal to release movies online while they are in theaters, starting with ‘Trolls World Tour’

Apple hit with record-breaking $1.2 billion antitrust price fixing fine in France together with Ingram Micro ($79.2m) and Tech Data ($85m)

Apple has been hit with a record-breaking fine for antitrust practices. French competition authority Autorité de la Concurrence has found Apple and its wholesale distribution partners Ingram Micro and Tech Data guilty of running a cartel for Apple products, and has fined the companies €1.1 billion ($1.2 billion), €62.9 million ($70.2 million) and €76.1 million ($85 million) respectively.According to the authority, Apple and its partners agreed not to compete with one another and to prevent other distributors from competing on price, “thereby sterilizing the wholesale market for Apple products.” This subsequently meant that premium distributors had no choice but to keep prices high to match those of integrated distributors.Finally, the authority says that Apple “abused the economic dependence” of these premium distributors by subjecting them to unfair and unfavorable commercial conditions compared to its network of integrated distributors. The ruling takes into consideration all Apple products — including computers and tablets — except iPhones, which are frequently sold via separate carriers.Isabelle de Silva, president of the authority, said in a statement that “given the strong impact of these practices on competition in the distribution of Apple products via Apple premium resellers, the Authority imposes the highest penalty ever pronounced in a case. It is also the heaviest sanction pronounced against an economic player, in this case Apple, whose extraordinary dimension has been duly taken into account.”The ruling marks the conclusion of a case dating back years, stemming from a complaint by store chain eBizcuss, which prompted the competition authority to raid Apple offices in France back in 2013. Apple is certainly no stranger to antitrust complaints — most recently, France’s Competition and Fraud body fined Apple €25 million ($27.3 million) for intentionally slowing the performance of older iPhones.

Source: Apple hit with record-breaking $1.2 billion antitrust fine in France | Engadget

Why are workers getting smaller pieces of the pie?

It’s one of the biggest economic changes in recent decades: Workers get a smaller slice of company revenue, while a larger share is paid to capital owners and distributed as profits. Or, as economists like to say, there has been a fall in labor’s share of gross domestic product, or GDP.

A new study co-authored by MIT economists uncovers a major reason for this trend: Big companies that spend more on capital and less on workers are gaining market share, while smaller firms that spend more on workers and less on capital are losing market share. That change, the researchers say, is a key reason why the labor share of GDP in the U.S. has dropped from around 67 percent in 1980 to 59 percent today, following decades of stability.

“To understand this phenomenon, you need to understand the reallocation of economic activity across firms,” says MIT economist David Autor, co-author of the paper. “That’s our key point.”

To be sure, many economists have suggested other hypotheses, including new generations of software and machines that substitute directly for workers, the effects of international trade and outsourcing, and the decline of labor union power. The current study does not entirely rule out all of those explanations, but it does highlight the importance of what the researchers term “superstar firms” as a primary factor.

“We feel this is an incredibly important and robust fact pattern that you have to grapple with,” adds Autor, the Ford Professor of Economics in MIT’s Department of Economics.

The paper, “The Fall of the Labor Share and the Rise of Superstar Firms,” appears in advance online form in the Quarterly Journal of Economics.

[…]

For much of the 20th century, labor’s share of GDP was notably consistent. As the authors note, John Maynard Keynes once called it “something of a miracle” in the face of economic changes, and the British economist Nicholas Kaldor included labor’s steady portion of GDP as one of his often-cited six “stylized facts” of growth.

To conduct the study, the researchers scrutinized data for the U.S. and other countries in the Organization of Economic Cooperation and Development (OECD). The scholars used U.S. Economic Census data from 1982 to 2012 to study six economic sectors that account for about 80 percent of employment and GDP: manufacturing, retail trade, wholesale trade, services, utilities and transportation, and finance. The data includes payroll, total output, and total employment.

The researchers also used information from the EU KLEMS database, housed at the Vienna Institute for International Economic Studies, to examine the other OECD countries.

The increase in market dominance for highly competitive top firms in many of those sectors is evident in the data. In the retail trade, for instance, the top four firms accounted for just under 15 percent of sales in 1981, but that grew to around 30 percent of sales in 2011. In utilities and transportation, those figures moved from 29 percent to 41 percent in the same time frame. In manufacturing, this top-four sales concentration grew from 39 percent in 1981 to almost 44 percent in 2011.

At the same time, the average payroll-to-sales ratio declined in five of those sectors—with finance being the one exception. In manufacturing, the payroll-to-sales ratio decreased from roughly 18 percent in 1981 to about 12 percent in 2011. On aggregate, the labor share of GDP declined at most times except the period from 1997 to 2002, the final years of an economic expansion with high employment.

But surprisingly, labor’s share is not falling at the typical firm. Rather, reallocation of between firms is the key. In general, says Autor, the picture is of a “winner-take-most setting, where a smaller number of firms are accounting for a larger amount of economic activity, and those are firms where workers historically got a smaller share of the pie.”

A key insight provided by the study is that the dynamics within industry sectors has powered the drop in the labor share of GDP. The overall change is not just the result of, say, an increase in the deployment of technology in manufacturing, which some economists have suggested. While manufacturing is important to the big picture, the same phenomenon is unfolding across and within many sectors of the economy.

As far as testing the remaining alternate hypotheses, the study found no special pattern within industries linked to changes in trade policy—a subject Autor has studied extensively in the past. And while the decline in union power cannot be ruled out as a cause, the drop in labor share of GDP occurs even in countries where unions remain relatively stronger than they do in the U.S.

Source: Why are workers getting smaller pieces of the pie?

He then goes on to say:

“We shouldn’t presume that just because a market is concentrated—with a few leading firms accounting for a large fraction of sales—it’s a market with low productivity and high prices,” Autor says. “It might be a market where you have some very productive leading firms.” Today, he adds, “more competition is platform-based competition, as opposed to simple price competition. Walmart is a platform business. Amazon is a platform business. Many tech companies are platform businesses. Many financial services companies are platform businesses. You have to make some huge investment to create a sophisticated service or set of offerings. Once that’s in place, it’s hard for your competitors to replicate.”

With this in mind, Autor says we may want to distinguish whether market concentration is “the bad kind, where lazy monopolists are jacking up prices, or the good kind, where the more competitive firms are getting a larger . To the best we can distinguish, the rise of superstar firms appears more the latter than the former. These firms are in more innovative industries—their productivity growth has developed faster, they make more investment, they patent more. It looks like this is happening more in the frontier sectors than the laggard sectors.”

Still Autor adds, the paper does contain policy implications for regulators.

“Once a firm is that far ahead, there’s potential for abuse,” he notes. “Maybe Facebook shouldn’t be allowed to buy all its competitors. Maybe Amazon shouldn’t be both the host of a market and a competitor in that market. This potentially creates regulatory issues we should be looking at. There’s nothing in this paper that says everyone should just take a few years off and not worry about the issue.”

I’d completely disagree – platform businesses are behaving like monopolists, but you need to look beyond product price to understand that selling at a loss is called undercutting and there are many many other reasons that monopoly is a bad thing, as I explain below.

Apple pays piffling $500m to settle their performance decreases in old devices

Apple – which banked $55bn profit in its 2019 fiscal year – is willing to pay up to $500m to settle US claims that the company secretly slowed certain iPhone models to preserve battery life, according to a proposed class action settlement.

That’s about 18x more than the i-thing maker agreed to pay a month ago to settle a related legal claim in France.

On December 20, 2017, Apple revealed that it had implemented performance management code in iOS 10.2.1 and iOS 11.2 to prevent sudden shutdowns that could occur when age-diminished batteries failed to meet the requirements of apps demanding peak power from iPhone processors.

Source: Apple checks under the couch for $500m in spare change, offers it to make power-throttling gripes disappear • The Register

Dutch package post will raise prices during gift season and Black Friday

PostNL will raise prices during SinterKlaas, Christmas and Black Friday. They claim that the package post infrastructure is not sufficient to cope with this raise in demand at those periods and so someone – the webshops, the consumers – have to pay for this spike.

PostNL increased turnover with 32m to 471m in the last quarter, with a 10% increase in volume. Doesn’t this mean that the extra capacity should be paid for using regular pricing?

Source: Pakketten PostNL met Sint en kerst extra duur – Emerce

Netflix Loses Bid to Dismiss $25 Million Lawsuit Over ‘Black Mirror: Bandersnatch’ because someone feels they own the phrase: choose your own adventure

Chooseco LLC, a children’s book publisher, filed its complaint in January 2019. According to the plaintiff, it has been using the mark since the 1980s and has sold more than 265 million copies of its Choose Your Own Adventure books. 20th Century Fox holds options for movie versions, and Chooseco alleges that Netflix actively pursued a license. Instead of getting one, Netflix released Bandersnatch, which allows audiences to select the direction of the plot. Claiming $25 million in damages, Chooseco suggested that Bandersnatch viewers have been confused about association with its famous brand, particularly because of marketing around the movie as well as a scene where the main character — a video game developer — tells his father that the work he’s developing is based on a Choose Your Own Adventure book.

In reaction to the lawsuit, Netflix raised a First Amendment defense, particularly the balancing test in Rogers v. Grimaldi, whereby unless a work has no artistic relevance, the use of a mark must be misleading for it to be actionable.

U.S. District Court Judge William Sessions agrees that Bandersnatch is an artistic work even if Netflix derived profit from exploiting the Charlie Brooker film.

And the judge says that use of the trademark has artistic relevance.

“Here, the protagonist of Bandersnatch attempts to convert the fictional book ‘Bandersnatch’ into a videogame, placing the book at the center of the film’s plot,” states the ruling. “Netflix used Chooseco’s mark to describe the interactive narrative structure shared by the book, the videogame, and the film itself. Moreover, Netflix intended this narrative structure to comment on the mounting influence technology has in modern day life. In addition, the mental imagery associated with Chooseco’s mark adds to Bandersnatch’s 1980s aesthetic. Thus, Netflix’s use of Chooseco’s mark clears the purposely-low threshold of Rogers’ artistic relevance prong.”

Thus, the final question is whether Netflix’s film is explicitly misleading. Judge Sessions doesn’t believe it’s appropriate to dismiss the case prematurely without exploring factual issues in discovery.

“Here, Chooseco has sufficiently alleged that consumers associate its mark with interactive books and that the mark covers other forms of interactive media, including films,” continues the decision. “The protagonist in Bandersnatch explicitly stated that the fictitious book at the center of the film’s plot was a ‘Choose Your Own Adventure’ book. In addition, the book, the videogame, and the film itself all employ the same type of interactivity as Chooseco’s products. The similarity between Chooseco’s products, Netflix’s film, and the fictitious book Netflix described as a ‘Choose Your Own Adventure’ book increases the likelihood of consumer confusion.”

Netflix also attempted to defend its use of “Choose Your Own Adventure” as descriptive fair use. Here, too, the judge believes that factual exploration is appropriate.

Writes Sessions, “The physical characteristics and context of the use demonstrate that it is at least plausible Netflix used the term to attract public attention by associating the film with Chooseco’s book series.”

The decision adds that while Netflix contends that the phrase in question has been used by others to describe a branch of storytelling, that argument entails consideration of facts outside of Chooseco’s complaint, which at this stage must be accepted as true.

“Additionally, choose your own adventure arguably is not purely descriptive of narrative techniques — it requires at least some imagination to link the phrase to interactive plotlines,” writes Sessions. “Moreover, any descriptive aspects of the phrase may stem from Chooseco’s mark itself. In other words, the phrase may only have descriptive qualities because Chooseco attached it to its popular interactive book series. The Court lacks the facts necessary to determine whether consumers perceive the phrase in a descriptive sense or whether they simply associate it with Chooseco’s brand.”

Here’s the full decision allowing Chooseco’s Lanham Act and unfair competition claims to proceed.

The ruling may be surprising to some, particularly as there’s a line of cases where studios have escaped trademark claims over content. For example, see Warner Bros.’ win a few years ago over “Clean Slate” in The Dark Knight Rises. If Netflix and Chooseco can’t come to a settlement, many of these issues may be re-explored at the summary judgment round.

Source: Netflix Loses Bid to Dismiss $25 Million Lawsuit Over ‘Black Mirror: Bandersnatch’ | Hollywood Reporter

Wow, copyright law is beyond strange.

FTC finally wakes up: American watchdog to probe decade of Big Tech takeovers

An American biz watchdog has stepped up its probe into possible market abuse by Big Tech – Amazon, Apple, Facebook, Google and Microsoft – by demanding information on all acquisitions not reported to antitrust authorities in the past decade.

The FTC issued “special orders” to the big five on Tuesday requesting “the terms, scope, structure, and purpose of transactions that each company consummated between January 1, 2010 and December 31, 2019.” That will amount to information on hundreds of deals, the FTC said during a press conference.

If the federal regulator finds a pattern of wrongdoing or abuse of market dominance, it will use its full range of enforcement actions, from a warning all the way up to a “full divestiture of assets” i.e. breaking a company up, FTC chair Joe Simons warned.

The watchdog is adopting a “very broad definition” of the term acquisition including minority investments in companies, licensing transactions, rights to appoint someone to a board. Notably it will also treat data “as an asset that could have competitive effects.”

The goal behind the request is to help the FTC “deepen its understanding of large technology firms’ acquisition activity,” the regulator explained. But Simons was at pains to note that the information is not related to law enforcement actions and will not be shared with other agencies.

That’s relevant because the Department of Justice and a large number of state attorneys general are currently suing the same tech giants over anti-competitive behavior; the FTC data will not be shareable with them under the “unique” authority that the FTC is invoking, it stated.

However, Simons noted, if the FTC does find activity it feels is anti-competitive it will use it as a start point for further investigation; something that could result in the “unwinding” of deals made in the past decade.

Snuffing out competition

There have been numerous reports in the past 10 years of big tech giants buying out competitors that threaten their market and then shuttering them in order to maintain effective monopolies in specific markets.

Simons said the impetus behind today’s order was a series of hearings the FTC held at the tail-end of 2018 where a number of panelists warned large tech platforms were buying up “nascent” companies in order to shut them down.

He painted the special orders as a “follow-up” to those hearings. “We heard at the hearings that there were a lot of transactions by major tech platforms that are not reportable,” Simons said. “What we want to know is why they were not reportable and whether there is anything we should do about it.”

Under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act), companies are required to report acquisitions of other companies if the size of that acquisition is greater than $94m (the exact figure has changed over time; in 2010 it was $60m). There are, however, exemptions that tech giants may have used to make larger acquisitions without reporting them.

As a result, dozens and possibly hundreds of market-altering purchases have never been made public – and that’s how the tech giants like it. They will often refuse to even acknowledge if they have bought a company. Many of the deals come with a non-compete clause, Simons noted, pointing to possible market interference.

[…]

The investigation could result in a change to the current rules on reporting acquisitions, the regulator noted – something that would not require Congressional authority. It also dismissed concerns that the tech giants could question the FTC’s authority to even issue such orders – something that AT&T successfully did during a five-year legal battle over misleading consumers – saying that it “does not expect any meaningful challenge” to the orders.

The regulator even suggested that if it finds anti-competitive behavior as a result of its information requests it could issue an order in future that would require tech giants to provide full details of any and all future acquisitions.

Judging by the impact of the announcement on the companies’ stock prices, the FTC investigation is only expected to impact Facebook – no doubt because the agency made it clear that it now views user data as a competitive asset.

Source: Oh good, the FTC has discovered acqui-hires… American watchdog to probe decade of Big Tech takeovers • The Register

VMWare starts pricing more for CPU with > 32 cores

Pricing is being tweaked upwards where software is licensed on a per CPU basis. If the chip has more than 32 cores like, say, a 64 core AMD EPYC, then users will need to fork out for two CPU licences.

Both AMD and Intel will cheerfully sell punters chips with more than the requisite 32 cores, and utilising such chippery with the original per-CPU pricing was, in a very real way, a useful method of getting more bang for one’s buck from the software.

With Intel struggling to make enough of its high-end hardware to satisfy demand, AMD looked set to steal a march with the likes of the EPYC 7742. VMware’s pricing change will you make you think twice about the benefits of sticking a core-dense processor into a server with a view to keeping software costs down.

Virtzilla claims “the change moves VMware closer to the current software industry standard model of core-based pricing” and indeed, the likes of Microsoft (PDF) and Oracle (PDF) both use core-based pricing these days, although even the most determined apologist would struggle to suggest the move is aimed at anything other than boosting the bottom line.

Naturally, observers have been less than impressed by the move.

Source: Virtualization juggernaut VMware hits the CPU turbo button for licensing costs • The Register

Top Streamers Are Leaving Twitch Amidst Big Money And Shady Deals

Let’s say you’re an up-and-coming streamer. You’ve done it for a while and you make decent money, although you’re no Tyler “Ninja” Blevins. But you’re on your way there, or so you hope. A while back, you got the opportunity to sign with an agency that promised to help you set up deals to advertise brands on your streams. Today, that’s finally paying off. The agency calls you to offer a $10,000 deal. You don’t think twice. That’s a handsome chunk of change. Time to pop a bottle of champagne and celebrate. There’s just one problem. Turns out the agency pocketed $90,000.

The above hypothetical scenario is based on a true story told by former CEO of esports organization CLG and current CMO of streaming company N3rdfusion Devin Nash, who opted to keep the streamer and agency’s identities anonymous. According to Nash’s story, which echoes others that Kotaku heard in the course of reporting, the initial deal was $100,000 for a single streamer to represent a big brand. But the agency was in full control of negotiations, so it just conveniently omitted the part about the remaining $90,000, because hey, $10,000 sounds pretty good in isolation, right? So the agency drew up a limited partnership agreement, and that was that. Nash went on to tell Kotaku that the streamer didn’t even get to keep the full $10,000.

“[The agency] also took the ten percent they had contractually,” Nash said in a Discord voice call. “So they took $1,000 and also pocketed the $90,000. They made $91,000, the streamer made $9,000, and nobody was the wiser.”

Streaming is big business now, and that means big money. But it also means that the world of streaming is transforming, and streamers are having to learn on the fly how to do more than just entertain. They’re having to strike deals with companies, agencies, and now entire platforms. Toward the end of last year, the deals grew bigger than ever, with blue-haired Fortnite megastar Tyler “Ninja” Blevins jumping ship from Twitch to Microsoft-owned streaming platform Mixer in a high-profile exclusivity deal that was soon followed by countless others. The business of video game streaming is rapidly evolving into something that echoes Hollywood, with agents and managers negotiating on behalf of streamers who are increasingly treated like actors or TV shows, and who wind up on platforms that stand in for more traditional networks.

Source: Top Streamers Are Leaving Twitch Amidst Big Money And Shady Deals

There is much much more to this article under the link

Mozilla moves to monetize Thunderbird, transfers project to new subsidiary

The Mozilla Foundation announced today that it was moving the Thunderbird email client to a new subsidiary named the MZLA Technologies Corporation.

Mozilla said that Thunderbird will continue to remain free and open source, but by moving the project away from its foundation into a corporate entity they will be able to monetize the product and pay for its development easier than before.

Currently, Thunderbird is primarily being kept alive through charitable donations from the product’s userbase.

“Moving to MZLA Technologies Corporation will not only allow the Thunderbird project more flexibility and agility, but will also allow us to explore offering our users products and services that were not possible under the Mozilla Foundation,” said Philipp Kewisch, Mozilla Product Manager.

“The move will allow the project to collect revenue through partnerships and non-charitable donations, which in turn can be used to cover the costs of new products and services,” Kewisch added.

Source: Mozilla moves to monetize Thunderbird, transfers project to new subsidiary | ZDNet

Leaked AVAST Documents Expose the Secretive Market for Your Web Browsing Data: Google, MS, Pepsi, they all buy it – Really, uninstall it now!

An antivirus program used by hundreds of millions of people around the world is selling highly sensitive web browsing data to many of the world’s biggest companies, a joint investigation by Motherboard and PCMag has found. Our report relies on leaked user data, contracts, and other company documents that show the sale of this data is both highly sensitive and is in many cases supposed to remain confidential between the company selling the data and the clients purchasing it.

The documents, from a subsidiary of the antivirus giant Avast called Jumpshot, shine new light on the secretive sale and supply chain of peoples’ internet browsing histories. They show that the Avast antivirus program installed on a person’s computer collects data, and that Jumpshot repackages it into various different products that are then sold to many of the largest companies in the world. Some past, present, and potential clients include Google, Yelp, Microsoft, McKinsey, Pepsi, Sephora, Home Depot, Condé Nast, Intuit, and many others. Some clients paid millions of dollars for products that include a so-called “All Clicks Feed,” which can track user behavior, clicks, and movement across websites in highly precise detail.

Avast claims to have more than 435 million active users per month, and Jumpshot says it has data from 100 million devices. Avast collects data from users that opt-in and then provides that to Jumpshot, but multiple Avast users told Motherboard they were not aware Avast sold browsing data, raising questions about how informed that consent is.

The data obtained by Motherboard and PCMag includes Google searches, lookups of locations and GPS coordinates on Google Maps, people visiting companies’ LinkedIn pages, particular YouTube videos, and people visiting porn websites. It is possible to determine from the collected data what date and time the anonymized user visited YouPorn and PornHub, and in some cases what search term they entered into the porn site and which specific video they watched.

[…]

Until recently, Avast was collecting the browsing data of its customers who had installed the company’s browser plugin, which is designed to warn users of suspicious websites. Security researcher and AdBlock Plus creator Wladimir Palant published a blog post in October showing that Avast harvest user data with that plugin. Shortly after, browser makers Mozilla, Opera, and Google removed Avast’s and subsidiary AVG’s extensions from their respective browser extension stores. Avast had previously explained this data collection and sharing in a blog and forum post in 2015. Avast has since stopped sending browsing data collected by these extensions to Jumpshot, Avast said in a statement to Motherboard and PCMag.

[…]

However, the data collection is ongoing, the source and documents indicate. Instead of harvesting information through software attached to the browser, Avast is doing it through the anti-virus software itself. Last week, months after it was spotted using its browser extensions to send data to Jumpshot, Avast began asking its existing free antivirus consumers to opt-in to data collection, according to an internal document.

“If they opt-in, that device becomes part of the Jumpshot Panel and all browser-based internet activity will be reported to Jumpshot,” an internal product handbook reads. “What URLs did these devices visit, in what order and when?” it adds, summarising what questions the product may be able to answer.

Senator Ron Wyden, who in December asked Avast why it was selling users’ browsing data, said in a statement, “It is encouraging that Avast has ended some of its most troubling practices after engaging constructively with my office. However I’m concerned that Avast has not yet committed to deleting user data that was collected and shared without the opt-in consent of its users, or to end the sale of sensitive internet browsing data. The only responsible course of action is to be fully transparent with customers going forward, and to purge data that was collected under suspect conditions in the past.”

[…]

On its website and in press releases, Jumpshot names Pepsi, and consulting giants Bain & Company and McKinsey as clients.

As well as Expedia, Intuit, and Loreal, other companies which are not already mentioned in public Jumpshot announcements include coffee company Keurig, YouTube promotion service vidIQ, and consumer insights firm Hitwise. None of those companies responded to a request for comment.

On its website, Jumpshot lists some previous case studies for using its browsing data. Magazine and digital media giant Condé Nast, for example, used Jumpshot’s products to see whether the media company’s advertisements resulted in more purchases on Amazon and elsewhere. Condé Nast did not respond to a request for comment.

ALL THE CLICKS

Jumpshot sells a variety of different products based on data collected by Avast’s antivirus software installed on users’ computers. Clients in the institutional finance sector often buy a feed of the top 10,000 domains that Avast users are visiting to try and spot trends, the product handbook reads.

Another Jumpshot product is the company’s so-called “All Click Feed.” It allows a client to buy information on all of the clicks Jumpshot has seen on a particular domain, like Amazon.com, Walmart.com, Target.com, BestBuy.com, or Ebay.com.

In a tweet sent last month intended to entice new clients, Jumpshot noted that it collects “Every search. Every click. Every buy. On every site” [emphasis Jumpshot’s.]

[…]

One company that purchased the All Clicks Feed is New York-based marketing firm Omnicom Media Group, according to a copy of its contract with Jumpshot. Omnicom paid Jumpshot $2,075,000 for access to data in 2019, the contract shows. It also included another product called “Insight Feed” for 20 different domains. The fee for data in 2020 and then 2021 is listed as $2,225,000 and $2,275,000 respectively, the document adds.

[…]

The internal product handbook says that device IDs do not change for each user, “unless a user completely uninstalls and reinstalls the security software.”

Source: Leaked Documents Expose the Secretive Market for Your Web Browsing Data – VICE