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The Linkielist

Couple admit laundering $4B of stolen Bitfinex Bitcoins

Ilya Lichtenstein and Heather Morgan on Thursday pleaded guilty to money-laundering charges related to the 2016 theft of some 120,000 Bitcoins from Hong Kong-based Bitfinex.

The Feds arrested Lichtenstein, 35, and Morgan, 33, in February 2022 following the US government’s tracing of about 95,000 of the stolen BTC – worth about $3.6 billion at the time and $2.8 billion today – to digital wallets controlled by the married couple.

The Justice Department at the time described the seizure as the largest ever and has since recovered an additional $475 million.

[…]

Lichtenstein admitted in court he gained access into Bitfinex’s network using unidentified tools and techniques. According to prosecutors, once inside, Lichtenstein proceeded to initiate more than 2,000 fraudulent transactions that sent 119,754 bitcoin from Bitfinex into a cryptocurrency wallet he controlled.

Thereafter, the Justice Department said, he tried to cover his tracks by deleting access credentials and log files, and then involved Morgan to help launder the stolen funds by transferring them through a maze of financial accounts. At one point Lichtenstein used some of the funds to buy gold coins, which were then buried by Morgan.

An affidavit [PDF] from IRS investigator Christopher Janczewski, which documents the basis of the US government’s case, traces the flow of stolen funds through multiple accounts associated with the defendants.

[…]

 

Source: Couple admit laundering $4B of stolen Bitfinex Bitcoins • The Register

‘Eventually it will just be a barcode, won’t it?’ Why Britain’s new stamps are causing outrage and upset

Royal Mail’s stamps are finally entering the digital world, with printed codes that can be used to track letters or linked to videos. Collectors, traditionalists and royalists are not amused

[…]

In February, Royal Mail introduced a new design for its standard stamps, which have changed so little since the launch of the Penny Black in 1840 that they are officially known as “definitives”. The new stamps – “plum purple” for first class, “holly green” for second – still feature the same regal profile introduced more than 50 years ago. But what is most bothering purists – and leading Johnson to the brink of direct action – is the addition next to the Queen of a digital barcode

The rectangular codes – which look like QR codes but are apparently not QR codes, which are a particular, and trademarked, kind of code – are designed to stop counterfeiting and to enable the tracking of all letters to improve efficiency. Correspondents will soon be able to share photo or video messages by linking digital content to their coded stamps. Recipients will view it via the Royal Mail app (currently the codes link to a short film featuring Shaun the Sheep and a plasticine postwoman).

The Penny Black, launched in 1840.
The first adhesive postage stamp … the Penny Black, launched in 1840. Photograph: PA

From 1 February 2023, only the new stamps will be accepted. Any old stamps must be used before then or traded in. Christmas and other themed special stamps will remain valid indefinitely. Swapping definitives, which can still be done after the deadline, is free but will involve downloading and printing a form, or requesting one by phone or letter, and posting it to Royal Mail along with the old stamps.

[…]

Since the launch of the Penny Black as the world’s first adhesive postage stamp, the sticky squares have become more than a simple proof of purchase: they are collectibles, artists’ canvases, tools of propaganda and cultural icons.

[… ]

In the first year of the Penny Black, the number of letters sent more than doubled – then doubled again by 1850. Letter writing stopped being an elite pursuit and the postal service became profitable. Dozens of countries swiftly copied Hill’s example. Stamps were as significant an innovation in communication as telephones or web-connected home computers would be.

The first stamp was also a triumph of design. There was no need to include a country name – there were no stamps anywhere else, after all. Instead, a portrait of Queen Victoria in profile was added. Monarchs and colours have come and gone, and perforations and self-adhesion arrived. But the definitives have changed little in 180 years. The current stamps, originally designed by the artist Arnold Machin, have used the same sculpted profile of Queen Elizabeth II for the past 55 years.

Yet I am not alone in barely using them; the pandemic has only hastened a postal freefall, from a peak of just over 20bn letters sent via Royal Mail in 2005 (in the same year, the proportion of UK households with the internet tipped over 50%), to fewer than 8bn in 2020-21. These figures include commercial post; the smaller number of cards and letters bearing sticky stamps is likely to be in steeper decline.

Two stamps issued in 1995, commemorating Sir Rowland Hill, who proposed the idea of the pre-paid stamp.
Sir Rowland Hill, the schoolmaster who proposed the idea of the pre-paid stamp, was commemorated with a special set of stamps in 1995. Photograph: Kay Roxby/Alamy

“They’re trying to attract the younger generation by throwing in a QR code and a video of Shaun the Sheep,” says Andrew Jackson, 58, a collector and trader who runs Tagula Blue Stamps. Like Jackson, Johnson wonders if the change signals the beginning of the end for stamps. “Eventually it will just be the barcode, won’t it?” she says.

[…]

Royal Mail now produces more than a dozen sets of special stamps a year in an attempt to create demand among collectors. This year they include pictures of cats, birds, the Rolling Stones and heroes of the Covid pandemic drawn by children.

Many state-owned postal services are much bolder. In Ukraine in April, queues formed outside post offices when Ukrposhta issued 1m stamps to commemorate the defiance of the soldier who refused to surrender an island soon after the Russian invasion. In the image, the solider is flipping the bird at the Moskva warship, which was later sunk, in a visual representation of the message he had radioed to the ship: “Russian warship, go fuck yourself.”

But the potential for stamps to punch above their weight is doing little to boost demand. Gentleman says he rarely uses more than a pack or two at Christmas, preferring email for everyday correspondence. He’s not sure about the aesthetic appeal of the coded stamps. “I find it difficult to enthuse over them,” he says.

Some critics have been blunter. “Arnold Machin’s profile of the Queen is one of the simplest, purest compositions in the world,” tweeted Samuel West, actor and stamp collector, in March, addressing his next sentence to Royal Mail: “You took one of the great iconic stamp designs, and you fucked it up.” The writer and broadcaster Victoria Coren Mitchell simply said: “THIS IS AWFUL!”

The implications were more practical for some. Many canny letter writers buy stamps in bulk to avoid being hit by future price rises. Royal Mail’s swap scheme is designed so that nobody loses out, but I gather many collectors find themselves in a bind. Old definitives might have a higher value because they are rare. But some of that value comes also because the stamps could theoretically be used. Swap them and you’d throw away all of that value. Keep them and you’d lose much of it anyway. “A lot of value is just going to be lost overnight,” says Gerard McCulloch, an Australian collector better known as the Punk Philatelist.

Meanwhile groups representing older people say that, as well as creating inconvenience, the change risks marginalising those who still rely on “snail mail”. These users are also affected most by price rises (first-class stamps went up by 10p to 95p in April). “It will be chicken and egg,” says Dennis Reed from the campaign group Silver Voices. “Less people will send letters so Royal Mail will say, ‘We won’t have as many collections or post boxes’ – and even fewer people will send letters.”

[…]

 

Source: ‘Eventually it will just be a barcode, won’t it?’ Why Britain’s new stamps are causing outrage and upset | Society | The Guardian

It’s poorly described but a lot of people have huge collections of pretty stamps which they actually use. The value of these will be wiped out.

Mercedes: Pay us again to unlock full accellaration on EQS and EQE – yes you already own the hardware.

Mercedes-Benz has new finalized pricing on its vexing “Acceleration Increase” subscription revealed last year that can eke out more electric performance — without any physical modification — from the automaker’s current EQE and EQS EV models, Car and Driver reports.

The updated Acceleration Increase pricing starts at $60 per month, or you can save about $120 and pay $600 per year instead. That pricing only applies to the AWD EQE 350 sedan and its SUV counterpart. Meanwhile, the pricier AWD EQS 450 car and SUV command a higher $90 per month (or $900 per year) rate for their own boost.

Mercedes-Benz had initially set the subscription at $1,200 per year, but now it’s been reduced a bit to a slightly-less-unreasonable rate. The automaker is also letting you pay a one-time fee of $1,950 on the EQE and $2,950 on the EQS to unlock the Acceleration Increase permanently.

The unlock increases acceleration and power output to the motors by 20 to 24 percent, according to Mercedes-Benz. The EQE’s 215kW total output increases to 260kW, and its 0–60 mph time decreases to 5.1 seconds (from 6) for the sedan and 5.2 seconds (from 6.2) on the SUV. Meanwhile, the EQS goes from 265kW to 330kW and decreases its 0–60 mph to 4.5 seconds (from 5.3) and 4.9 seconds (from 5.8) on the SUV.

For those who do choose the monthly subscription, they’d be paying the same as a full unlock in just under three years of owning either vehicle. It seems that Mercedes-Benz’s monthly subscription pricing model is designed for customers who are leasing the vehicle for a short period or only want to show off the performance temporarily while taking visiting friends or family on joy rides.

The era of automakers adding monthly subscriptions and microtransactions to vehicles is becoming a troubling trend. Tesla was early to selling such options when it offered a $3,250 unlock to use the full battery capacity of some older Model S vehicles. More recently, there have been cars with heated seats that are subject to software locks and subscriptions from Tesla and BMW, respectively.

The EQS and EQE aren’t the only artificially nerfed electric cars to offer paid unlocks. Polestar offers a $1,195 one-time fee for a boost, and Tesla also has a performance unlock for its EVs. But if you really want a quick EV and you’re willing to pay over $100,000 for an EQS already, you have quicker options in the Tesla Model S Plaid or the AMG version of the EQS.

Source: Mercedes-Benz’s EQS and EQE can be uncorked with a monthly fee – The Verge

How is this legal? You bought the car and the accellerative capacity already. But they will make you pay again to use it?

Tesla directors agree to return $735 million following claims they were massively overpaid

Elon Musk, Larry Ellison and other current and former members of Tesla’s board of directors will return $735 million to settle claims that they massively overpaid themselves, Reuters has reported. The deal wraps up a saga that started in 2020 stemming from a lawsuit filed by a police and firefighter retirement fund challenging stock options granted to Tesla’s board starting in 2017. Directors also agreed not to receive compensation for 2021, 2022 and 2023, and change the way compensation is calculated.

Tesla’s current board includes Elon Musk, his brother Kimbal, Fox News mogul James Murdoch, Airbnb co-founder Joe Gebbia and former Tesla CTO JB Straubel. The case is separate from a lawsuit filed by shareholders against a $56 billion compensation package awarded to CEO Elon Musk.

The Police and Fire Retirement System of the City of Detroit accused Tesla’s board of giving itself unfair and excessive compensation in the form of 11 million stock options between 2017 and 2020, saying it grossly exceeded norms for a corporate board. The $735 million settlement will be paid back to Tesla in what’s called a “derivative lawsuit” — the largest ever awarded by Delaware’s Court of Chancerty, according to Reuters.

Tesla argued that stock options were used to ensure Director’s incentives were aligned with investor goals. Tesla has yet to comment on the affair, but in court documents, said that it agreed to settle to eliminate the risk of future litigation.

Tesla CEO Elon Musk is fighting a separate lawsuit to defend his $56 billion pay package. It was brought by shareholder Richard Tornette, who claimed that “the largest compensation grant in human history” was given to Musk, even though he didn’t focus entirely on Tesla. In 2020, he received the first of 12 $700 million payments as part of that package.

Source: Tesla reportedly suspected Musk was using company funds to build a literal glass house

Spain antitrust watchdog fines Amazon, Apple $218 million for collusion and exclusion

Spain’s antitrust watchdog on Tuesday said it had imposed fines worth a total 194.1 million euros ($218.03 million) on Amazon (AMZN.O) and Apple (AAPL.O) for colluding to limit the online sale of devices from Apple and competitors in Spain.

The two contracts the companies signed on Oct. 31, 2018 granting Amazon the status of authorized Apple dealer included anti-competitive clauses that affected the online market for electronic devices in Spain, CNMC, as the watchdog is known, said in a statement.

Apple was fined 143.6 million euros and Amazon 50.5 million euros. The two companies have two months to appeal the decision.

[…]

“The two companies restricted without justification the number of sellers of Apple products on the Amazon website in Spain,” CNMC said.

More than 90% of the existing retailers who were using Amazon’s market place to sell Apple devices were blocked as a result, it added.

Amazon also reduced the capacity of retailers in the European Union based outside Spain to access Spanish customers, and restricted the advertising Apple’s competitors were allowed to place on its website when users searched for Apple products, the regulator said.

Following the deal between the two tech giants, the prices of Apple devices sold online rose in Spain, it added.

[…]

Source: Spain antitrust watchdog fines Amazon, Apple $218 million | Reuters

Yay the power of a monopoly!

UK buys 3 radar E-7 planes for 90% of the price of original 5, creating huge capability gap, shows how broken procurement is

The United Kingdom’s deal to buy three, rather than the previously planned five Boeing E-7A Wedgetail airborne early warning and control (AEW&C) aircraft for the Royal Air Force “represents extremely poor value for money” and “an absolute folly.” Those are among the conclusions of a report published today by the U.K. Defense Committee, a body that examines Ministry of Defense (MoD) expenditure, administration, and policy on behalf of the British parliament.

A computer-generated rendering of an E-7A Wedgetail in RAF service. <em>Crown Copyright</em>

A computer-generated rendering of an E-7A Wedgetail in RAF service. Crown Copyright

At the center of the report’s criticism of the procurement is the fact that, as a result of a contract stipulation, the MoD is having to pay for all five Northrop Grumman Multi-role Electronically Scanned Array (MESA) radars, even though only three aircraft — which will be designated Wedgetail AEW1 in RAF service — are being acquired. The report assesses that the total cost of the three-aircraft order will be $2.5 billion, compared to the $2.7 billion agreed for five of the radar planes.

“Even basic arithmetic would suggest that ordering three E-7s rather than five (at some 90 [percent] of the original acquisition cost) represents extremely poor value for money,” the report contends.

The E-7 procurement is one of three major defense deals dealt with by the report, which comes at the end of a six-month inquiry. The Type 26 anti-submarine warfare frigate for the Royal Navy and the Ajax armored fighting vehicle for the British Army also come in for criticism. Worryingly, the overall conclusion is that the U.K.’s defense procurement system is “broken” and that “multiple, successive reviews have not yet fixed it.”

[…]

The report suggests that the tiny fleet will be a “prize target” for aggressors. Not only will the AEW&C aircraft play a critical role in any high-end air campaign, but also planes of this type are increasingly under threat from long-range air defenses and are far from survivable in any kind of contested airspace.

The same report also warns that the initial operating capability for the RAF E-7s could be delayed by a further year to 2025. This is especially concerning considering that the RAF retired its previous E-3D Sentry AEW1 radar planes in 2021, leaving a massive capability gap.

[…]

Other problems are dogging the U.K.’s plans to field the E-7, the report explains, including the failure of Boeing and the British procurement arm, Defense Equipment and Support (DE&S), to agree on an in-service support contract. The report says that such a contract “should already have been successfully finalized long ago.”

[…]

Source: UK’s E-7 Radar Jet Deal Slammed As “Absolute Folly” In New Report

So procurement can’t argue that although the savings in initial procurement are minimal, the savings on the through life costs will be huge – because it has no idea what the through life costs of the platform are!

PPP fraud is ‘worst in history’: $200B stolen, splurged on Lamborghinis and bling

Tens of thousands of fraudsters splurged on Lamborghinis, vacation homes, private jet flights and Cartier jewelry by fleecing the PPP loan system in a $200 billion heist — and did it because the COVID loan scheme was so easy to milk.

Approximately $1.2 trillion was rushed through Congress in 2020 and 2021 in COVID bailout cash for businesses and spent on the Economic Injury Disaster Loan Program (EIDLP) and the Paycheck Protection Program (PPP) schemes.

But a new report from the Small Business Administration’s Office of Inspector General reveals an astonishing 17% vanished to fraud — an estimated total of $200 billion.

And the SBA says it estimates there are more than 90,000 “actionable leads,” while it has already prosecuted dozens — including a former New York Jets wide receiver, Josh Bellamy.

The spending spree on taxpayer dollars includes Donald Finley, owner of the now-shuttered Manhattan theme restaurant Jekyll & Hyde, who purchased a Nantucket home across from Dionis Beach with waterfront views with millions of dollars from PPP and EIDLP.

Finley faces up to 30 years in prison, and paying more than $3.2 million in restitution, plus a $1.25 million fine.

And experts say crooks created fake businesses or lied about their numbers of employees to get access to more free cash — because it was so simple to fleece the taxpayer.

“The fraud was so easy to commit. All of the information was self-reported and none of it was verified or checked,” Haywood Talcove of LexisNexis Risk Solutions told The Post.

“During the height of the pandemic, it was really hard to purchase [luxury] items like a Rolls-Royce, or a high-end Mercedes because you had people walking in with cash from the PPP program to purchase those items for whatever the dealer was asking,” Talcove said.

Justice might finally be catching up with some of the fraudsters: A total of 803 arrests have taken place as of May 2023 for pandemic fraud, the SBA said.

[…]

Source: PPP fraud is ‘worst in history’: $200B stolen, splurged on Lamborghinis and bling

Broadcom squeezed Samsung, now South Korea’s squeezing back

As the Commission explained in a Tuesday adjudicaiton, Broadcom and Samsung were in talks for a long-term supply agreement when the American chipmaker demanded the Korean giant sign or it would suspend shipments and support services.

Broadcom also wanted Samsung to commit to spending over $760 million a year, to make up the difference for any shortfalls, and not to buy from rivals.

With the market for the components it needs tight, Samsung reportedly signed. Then, when a certain viral pandemic cruelled its business, the giant conglomerate found itself having to buy parts it didn’t need. The chaebol estimates the deal cost it millions.

News of the deal eventually reached the regulator, which in 2022 asked Broadcom to propose a remedy – a common method of dispute resolution in South Korea.

Broadcom proposed a $15.5 million fund to stimulate South Korea’s small semiconductor outfits, plus extra support for Samsung.

On Tuesday, the Commission decided that’s not a reasonable restitution because it doesn’t include compensation for the impacted parties.

That’s bad news for Broadcom, because it means the regulator will now escalate matters – first by determining if the chipmaker broke local laws and then by considering a different penalty.

South Korea is protective of its local businesses – even giants like Samsung that are usually capable of fending for themselves. Broadcom reps will soon have some tricky-to-negotiate meetings on their agendas.

At least the corporation’s legal team has experience at this sort of thing. In 2018 it was probed by US authorities over contract practices, and in 2021 was forced to stop some anticompetitive practices. In 2022 it was in strife again – this time for allegedly forcing its customers to sign exclusive supply contracts.

The serial acquirer also lost a regulatory rumble over its attempted acquisition of Qualcomm, and is currently trying to explain why its proposed acquisition of VMware won’t harm competition.

Now it awaits South Korea’s wrath – and perhaps Samsung’s too.

Source: Broadcom squeezed Samsung, now South Korea’s squeezing back • The Register

How a 35-year-old weed smoker behind 10 million scam calls made his fortune

Millions of people get phone calls from scammers and wonder who is at the other end.

Now we know: rather than someone in a call centre far away, a “bright young man” living in a lush flat in London has been unmasked as the mastermind behind so many of these calls.

Tejay Fletcher’s trial exposed how criminals with a simple website bypassed police, phone operators and banks to facilitate “fraud on an industrial scale”, scamming victims out of £100m of their hard earned cash.

Fletcher, 35, who ran the website iSpoof.cc, was jailed for 13 years and four months earlier this week following his arrest in 2019 in what is the biggest anti-fraud operation mounted in the UK.

The website allowed criminals to disguise their phone numbers in a process known as “spoofing” and trick unsuspecting people to believe they were being called by their bank or other institutions.

[…]

In 2020, he co-founded iSpoof.cc, which he built into what he called “the most sophisticated client spoofing platform available”, allowing scammers to change the number or identity displayed when they made calls so they appeared to be calling from a trusted organisation, often a bank or a bank’s fraud department.

[…]

His website was used for a large proportion of fraudulent activity in the UK – but copycats have since taken its place, and others are still falling victim to these types of scams, experts have warned.

How victims were scammed

The number of people using iSpoof swelled to 69,000 at its peak, with as many as 20 people per minute targeted by callers using the site.

More than 10 million fraudulent calls were made using iSpoof in the year to August 2022 – 3.5 million of them in the UK, the prosecution said.  More than 200,000 victims in the UK – many of them elderly – lost £43m, while global losses exceeded £100m.

For a basic subscription fee of £150 a month, users got a set number of minutes to make automated bot calls using the website or app version. They could then pay extra for additional features

[…]

Often, victims would get an automated call prompting them to confirm a transaction on an account.

The website allowed them to intercept one-time passwords, which were “ironically” introduced by banks to increase their security measures, noted John Ojakovoh, prosecuting.

iSpoof offered scammers extra features that allowed victims to type in a telephone pincode after being prompted to do so by an automated call.

Users could also pay for the ability to monitor calls live, or place calls pretending to be from an establishment that had old card details on file and wanted new ones.

Scammers could control what the automated call would say to recipients and access tools such as voice recognition.

[…]

iSpoof had a channel on Telegram, a social media platform, which it used to communicate with its customers and promote itself, the prosecution said.

The Telegram channel also displayed advertisements from companies selling bank details.

Fletcher would use it to conduct “market research”, running polls to find out which features users wanted most.

[…]

Fletcher was not particularly tech-savvy, but he used a website called freelancer.com to hire programmers to make the “building blocks” of the site

[…]

His lawyer said he had initially set out to create a simple website, but his co-founder suggested ways the technology could be made more sophisticated, which spurred him on. In 2021, he and his co-founder “fell out” and Fletcher ousted him, replacing him with three other administrators that he appeared to be supervising.

[…]

When Fletcher assumed control of iSpoof, the profits received had a “meteoric rise” from 5 Bitcoin to 117, prosecutors said. Fletcher received 64.38 Bitcoin, worth just short of £2m.

How police cracked the case

Posing as iSpoof customers, police paid for a trial subscription in Bitcoin and tested the website. They traced the money they paid to iSpoof and eventually discovered that the “lion’s share” of the profits were going to Fletcher.

They obtained a copy of the website’s server, which revealed call logs that further incriminated Fletcher and the scammers using his website.

[…]

others are also being investigated. Some 120 suspected phone scammers have been arrested, 103 of them in London.

[…]

 

Source: How a 35-year-old weed smoker behind 10 million scam calls made his fortune

YouTube begins warning: ‘Ad blockers are not allowed’

YouTube has begun showing a pop-up to some viewers warning them that “ad blockers are not allowed” on the video-sharing site.

The banner, which you can see below, appears if the Google subsidiary reckons you’re using some kind of content blocker that prevents videos from being interrupted by or book-ended with adverts.

According to YouTube, this is an experiment and only a small number of watchers will see the pop-up when browsing YouTube.com. The box tells users, “it looks like you may be using an ad blocker,” and reminds them that “ads allow YouTube to stay free for billions of users worldwide.”

It also urges you to “go ad-free with YouTube Premium, and creators can still get paid from your subscription.”

There are two options presented: a button to “allow YouTube ads,” and a button to sign up for YouTube Premium, an ad-free subscription that costs $11.99 a month at least here in the United States.

Those who have seen the pop-up say they can ignore those options, and close the pop-up and continue blocking ads as usual – though for how long, who’s to say? There is a link to click if you’re not using an blocker and want to report a false detection.

Screenshot of Youtube's ad blocker warning

What the YouTube ad block warning looks like … Hat tip: Reddit

“One ad before each video was fine, but they got greedy and started playing multiple unskippable 30-second ads, that’s when I went for ad block,” as one viewer put it. “There is zero chance I am ever deactivating it or paying for Premium now, that ship has sailed.”

[…]

Source: YouTube begins warning: ‘Ad blockers are not allowed’ • The Register

Apple App Store Policies Upheld by Court in Epic Games Antitrust Challenge – Apple can continue monopoly and massive 30% charges in app store USA (but not in EU)

Apple Inc. won an appeals court ruling upholding its App Store’s policies in an antitrust challenge brought by Epic Games Inc.

Monday’s ruling by the US Ninth Circuit Court of Appeals affirmed a lower-court judge’s 2021 decision largely rejecting claims by Epic, the maker of Fortnite, that Apple’s online marketplace policies violated federal law because they ban third-party app marketplaces on its operating system. The appeals panel upheld the judge’s ruling in Epic’s favor on California state law claims.

The ruling comes as Apple has been making changes to the way the App Store operates to address developer concerns since Epic sued the company in 2020. The dispute began after Apple expelled the Fortnite game from the App Store because Epic created a workaround to paying a 30% fee on customers’ in-app purchases.

“There is a lively and important debate about the role played in our economy and democracy by online transaction platforms with market power,” the three-judge panel said. “Our job as a federal court of appeals, however, is not to resolve that debate — nor could we even attempt to do so. Instead, in this decision, we faithfully applied existing precedent to the facts.”

Apple hailed the outcome as a “resounding victory,” saying nine out of 10 claims were decided in its favor.

[…]

Epic Chief Executive Officer Tim Sweeney tweeted that although Apple prevailed, at least the appeals court kept intact the portion of the 2021 ruling that sided with Epic.

“Fortunately, the court’s positive decision rejecting Apple’s anti-steering provisions frees iOS developers to send consumers to the web to do business with them directly there. We’re working on next steps,” he wrote.

[…]

Following a three-week trial in Oakland, California, Rogers ordered the technology giant to allow developers of mobile applications steer consumers to outside payment methods, granting an injunction sought by Epic. The judge, however, didn’t see the need for third-party app stores or to push Apple to revamp policies over app developer fees.

[…]

US and European authorities have taken steps to rein in Apple’s stronghold over the mobile market. In response to the Digital Markets Act — a new series of laws in the European Union — Apple is planning to allow outside apps as early as next year as part of an update to the upcoming iOS 17 software update, Bloomberg News has reported.

[…]

Source: Apple App Store Policies Upheld by Court in Epic Games Antitrust Challenge – Bloomberg

It’s a pretty sad day when an antitrust court runs away from calling a monopoly a monopoly

Samsung to pay out $303M for memory patent infringement to Netlist.

Samsung Electronics has been stung for more than $303 million in a patent infringement case brought by US memory company Netlist.

Netlist, headquartered in Irvine, California, styles itself as a provider of high-performance modular memory subsystems. The company initially filed a complaint that Samsung had infringed on three of its patents, later amended to six [PDF]. Following a six-day trial, the jury found for Netlist in five of these and awarded a total of $303,150,000 in damages.

The exact patents in question are 10,949,339 (‘339), 11,016,918 (‘918), 11,232,054 (‘054), 8,787,060 (‘060), and 9,318,160 (‘160). The products that are said to infringe on these are Samsung’s DDR4 LRDIMM, DDR5 UDIMM, SODIMM, and RDIMM, plus the high-bandwidth memory HBM2, HBM2E and HBM3 technologies.

The patents appear to apply to various aspects of DDR memory modules. According to reports, Samsung’s representatives had argued that Netlist’s patents were invalid because they were already covered by existing technology and that its own memory chips did not function in the same way as described by the patents, but this clearly did not sway the jurors.

However, it appears that the verdict did not go all Netlist’s way because its lawyers had been arguing for more damages, saying that a reasonable royalty figure would be more like $404 million.

In the court filings [PDF], Netlist claims that Samsung had knowledge of the patents in question “no later than August 2, 2021” via access to Netlist’s patent portfolio docket.

The company states that Samsung and Netlist were initially partners under a 2015 Joint Development and License Agreement (JDLA), which granted Samsung a five-year paid-up license to Netlist’s patents.

Samsung had used Netlist’s technologies to develop products such as DDR4 memory modules and emerging new technologies, including DDR5 and HBM, Netlist said.

Under the terms of the agreement, Samsung was to supply Netlist certain memory products at competitive prices, but Netlist claimed Samsung repeatedly failed to honor these promises. As a result, Netlist claims, it terminated the JDLA on July 15, 2020.

Netlist alleged in its court filing that Samsung has continued to make and sell memory products “with materially the same structures” as those referenced in the patents, despite the termination of the agreement.

According to investor website Seeking Alpha, the damages awarded are for the infringement of Netlist technology covering only about five quarters. The website also said that Netlist now has the cash to not only grow its business but pursue other infringers of its technology.

Netlist chief executive CK Hong said in a statement that the company was pleased with the case. He claimed the verdict “left no doubt” that Samsung had wilfully infringed Netlist patents, and is “currently using Netlist technology without a license” on many of its strategic product lines.

Hong also claimed that it was an example of the “brazen free ride” carried out by industry giants against intellectual property belonging to small innovators.

“We hope this case serves as a reminder of this problem to policymakers as well as a wakeup call to those in the memory industry that are using our IP without permission,” he said.

We asked Samsung Electronics for a statement regarding the verdict in this case, but did not hear back from the company at the time if publication.

Netlist is also understood to have other cases pending against Micron and Google. Those against Micron are said to involve infringement of many of the same patents that were involved in the Samsung case. ®

Source: Samsung to pay out $303M for memory patent infringement • The Register

South Korea fines Google $32 mln for blocking games on competing platforms

South Korea’s antitrust regulator has fined Alphabet Inc’s (GOOGL.O) Google 42.1 billion won ($31.88 million) for blocking the release of mobile video games on a competitor’s platform.

The Korea Fair Trade Commission (KFTC) said on Tuesday that Google bolstered its market dominance, and hurt local app market One Store’s revenue and value as a platform, by requiring video game makers to exclusively release their titles on Google Play in exchange for providing in-app exposure between June 2016 and April 2018.

[…]

Game makers affected by Google’s action include Netmarble (251270.KS), Nexon (225570.KQ) and NCSOFT (036570.KS), as well as other smaller companies, the antitrust regulator added.

In 2021, Google was fined more than 200 billion won by the KFTC for blocking customised versions of its Android operating system.

($1 = 1,320.4200 won)

Source: South Korea fines Google $32 mln for blocking games on competing platform | Reuters

Monopoly for the monopolists is starting to break down

Cruz, Warren Intro America Act to Break Up huge advertisers

[…]

The Advertising Middlemen Endangering Rigorous Internet Competition Accountability Act, aka the AMERICA Act. Say what you will about government; Congress’ acronym acumen is untouchable. Introduced by Republican Sen. Mike Lee of Utah, the bill would prohibit companies from owning multiple parts of the digital ad ecosystem if they “process more than $20 billion in digital ad transactions.”

The bill would kneecap Google and Meta, the two biggest players in digital advertising by far, but its provisions seem designed to affect almost every big tech company from Apple to Amazon, too. Google, Meta, Amazon, and Apple did not respond to requests for comment.

The only thing longer than the name of the bill is the stunningly bipartisan list of Senators supporting it: Democrats Amy Klobuchar, Richard Blumenthal, and Elizabeth Warren, and Republicans Ted Cruz, Marco Rubio, Eric Schmitt, Josh Hawley, John Kennedy, Lindsey Graham, J.D. Vance, and Lee. As one observer put it on Twitter, it’s a list of cosponsors “who wouldn’t hold the elevator for each other.” Look at all these little Senators getting along. Isn’t that nice?

[…]

“If enacted into law, this bill would most likely require Google and Facebook to divest significant portions of their advertising businesses—business units that account for or facilitate a large portion of their ad revenue,” Sen. Lee said in a fact sheet about the bill. “Amazon may also have to make divestments, and the bill will impact Apple’s accelerating entry into third-party ads.”

[…]

When you see an ad online, it’s usually the result of a lightspeed bidding war. On one side, the demand side, you have companies who want to buy ads. On the other, the supply side, are apps and websites who have ad space to sell. Advertisers use demand-side tech to compete for the most profitable ad space for their products. Publishers, like Gizmodo.com, use supply-side tech, where they compete to sell the most profitable ads. Sometimes there’s a third piece of tech involved called an “exchange,” which is a service that connects demand-side platforms and supply-side platforms to arrange even more complicated auctions.

Your friends at Google operate the most popular demand-side platform. Google also owns the most popular supply-side platform, and it runs the most popular exchange. And Google is also a publisher, because it sells ad space on places like YouTube and Search. Meta likewise has its hands in multiple corners of the pie. Here’s an analogy: it’s like if the realtor you contracted to represent you in buying a house had also been contracted by the people selling the house. It would be hard to trust that anyone was getting a fair deal, wouldn’t it? That realtor would be in a unique position to jack up the prices for everyone and make extra cash. The dominance is quantifiable—Google itself estimates that it snatches a stunning 35% of every dollar spent on digital ads.

Some people think this is all a little unfair! Unfortunately for Google and Meta, more and more of those people work for the US government.

[…]

Source: Cruz, Warren Intro America Act to Break Up Google, Facebook

This only targets a specific part of the monopolies  / duopolies these companies hold, but it’s hugely bipartisan so we take what we can get.

OpenAI Levels Up, commercialises more With Newly Released GPT-4

[…]

On Tuesday, the company unveiled GPT-4, an update to its advanced AI system that’s meant to generate natural-sounding language in response to user input. The company claimed GPT-4 is more accurate and more capable of solving problems. It even inferred that ChatGPT performs better than most humans can on complicated tests. OpenAI said GPT-4 scores in the 90th percentile of the Uniform Bar Exam and the 99th percentile of the Biology Olympiad. GPT-3, the company’s previous version, scored 10th and 31st on those tests, respectively.

The new system is now capable of handling over 25,000 words of text, according to the company. GPT-3 was only capable of handling 2,048 linguistic tokens, or 1,500 words at a time. This should allow for “more long-from content creation.” That’s not to say some folks haven’t tried writing entire novels with earlier versions of the LLM, but this new version could allow text to remain much more cohesive.

Those who have been hanging on OpenAI’s every word have been long anticipating the release of GPT-4, the latest edition of the company’s large language model. OpenAI said it spent six months modifying its LLM to make it 82% less likely to respond to requests for “disallowed content” and 40% more likely to produce factual responses than previous versions. Of course, we don’t have access to OpenAI’s internal data that might show how often GPT-3 was liable to lie or showcase banned content. Few people outside OpenAI have been able to take the new system on a test run, so all these claims could very well just be mere puffery.

Folks looking to get access to GPT-4 either has to be one of the select few companies given early access, or join a waitlist for the GPT-4 API or be one of the lucky few selected ChatGPT Plus subscribers.

The new system also includes the ability to accept images as inputs, allowing the system to generate captions, or provide analyses of an image. The company used the example of an image with a few ingredients, and the system provided some examples for what food those ingredients could create. OpenAI CEO Sam Altman wrote on Twitter that the company was “previewing” its visual inputs but it will “need some time to mitigate the safety challenges.”

What else is GPT-4 good at?

In a Tuesday livestream, OpenAI showed off a few capabilities of GPT-4, though the company constantly had to remind folks to not explicitly trust everything the AI produces.

In the livestream, OpenAI President Greg Brockman showed how the system can complete relatively inane tasks, like summarizing an article in one sentence where every word starts with the same letter. He then showed how users can instill the system with new information for it to parse, adding parameters to make the AI more aware of its role.

The company co-founder said the system is relatively slow, especially when completing complex tasks, though it wouldn’t take more than a few minutes to finish up requests. In one instance, Brockman made the AI create code for an AI-based Discord bot. He constantly iterated on the requests, even inputting error messages into GPT-4 until it managed to craft what was asked. He also put in U.S. tax code to finalize some tax info for an imaginary couple.

All the while, Brockman kept reiterating that people should not “run untrusted code from humans or AI,” and that people shouldn’t implicitly trust the AI to do their taxes. Of course, that won’t stop people from doing exactly that, depending on how capable public models of this AI end up being. It relates to the very real risk of running these AI models in professional settings, even when there’s only a small chance of AI error.

“It’s not perfect, but neither are you,” Brockman said.

OpenAI is getting even more companies hooked on AI

OpenAI has apparently leveraged its recently-announced multi-billion dollar arrangement with Microsoft to train GPT-4 on Microsoft Azure supercomputers. Altman said this latest version of the company’s LLM is “more creative than previous models, it hallucinates significantly less, and it is less biased.” Still, he said the company was inviting more outside groups to evaluate GPT-4 and offer feedback.

Of course, that’s not to say the system isn’t already been put into use by several companies. Language learning app Duolingo announced Tuesday afternoon that it was implementing a “Duolingo Max” premium subscription tier. The app has new features powered by GPT-4 that lets AI offer “context-specific explanations” for why users made a mistake. It also lets users practice conversations with the AI chatbot, meaning that damn annoying owl can now react to your language flubs in real time.

Because that’s what this is really about, getting more companies to pay to access OpenAI’s APIs. Altman mentioned the new system will have even more customization of behavior, which will further allow developers to fine-tune AI for specific purposes. Other customers of GPT-4 include the likes of Morgan Stanley, Khan Academy, and the Icelandic government. The U.S. Chamber of Commerce recently said in 10 years, virtually every company and government entity will be up on this AI tech.

Though the company still said GPT-4 has “many known limitations” including social biases, hallucinations, and adversarial prompts. Even if the new system is better than before, there’s still plenty of room for the AI to be abused. Some ChatGPT users have flooded open submission sections for at least one popular fiction magazine. Now that GPT-4 can write even longer, It’s likely we’ll see even more long-form AI-generated content flooding the internet.

Source: OpenAI Levels Up With Newly Released GPT-4

OpenAI was supposed to be all about open source and stuff, but with this definitely being about increasing (paid) API access, it’s looking more and more like a massive money grab. Not really surprising but a real shame.

Mt. Gox creditors now have until March to register for payouts

obuaki Kobayashi, the trustee for the Mt. Gox bankruptcy, has announced that the deadline for repayment selection and registration of payee information for its creditors has been moved from Jan. 10 to Mar. 10.

According to Kobayashi, the change was made due to “various circumstances such as the progress by rehabilitation creditors in respect of the Selection and Registration.”

Mt. Gox was one of the leading Bitcoin exchanges in the early days of crypto but was forced to declare bankruptcy in 2014 after a supposed hack that led to the theft of 850,000 Bitcoin. Roughly 200,000 BTC has been recovered since the hack, and the repayment of Mt. Gox creditors has been a slow-motion development since the Civil Rehabilitation Plan was accepted by 99% of them on Oct. 20, 2021. As of July 6, 2022, the Mt. Gox trustee held close to 142,000 Bitcoins.

This latest announcement from Kobayashi means that the repayment to creditors will take even more time as the trustee looks to ensure that everyone who is owed funds can properly submit their claims.

Those who have yet to complete the necessary registration were encouraged to do so as soon as possible as rehabilitation creditors who do not complete their selection and registration by the new deadline will not be able to receive their repayment, the announcement said.

Some creditors may be required to bring the required documents to the head office of MtGox or a location designated by the Rehabilitation Trustee to receive repayment in Japanese yen.

According to the announcement, “The Rehabilitation Trustee will begin confirming the contents of your Selection and Registration, etc., after this point in time in order to make repayment as promptly as possible after March 10, 2023 (Japan time).”Creditors have the choice of receiving an early lump sum repayment, repayment for a portion of cryptocurrency rehabilitation claims in cryptocurrency, repayment by bank remittance, or repayment by remittance through a fund transfer service provider.

The new deadline is meant for those who have yet to complete the process while those that have already done so do not need to do anything further at this time. The update also requested that those who already completed the process abstain from making any revisions to their registration unless absolutely necessary to help make the confirmation process go as smoothly as possible.

The change in registration date also means that the repayment dates have been moved from their originally scheduled deadline of July 31 to Sept. 30 of this year. The release of the Mt. Gox Bitcoin remains a primary concern for many crypto traders, as some fear the release of a large number of tokens into the market will lead to a collapse in the price of Bitcoin.

Source: Mt. Gox creditors now have until March to register for payouts | Kitco News

Four-day week: ‘major breakthrough’ as most UK firms in trial extend changes

The vast majority of companies taking part in the world’s largest trial of a four-day week have opted to continue with the new working pattern, in a result hailed as evidence that it could work across the UK economy.

Of the 61 companies that entered the six-month trial, 56 have extended the four-day week, including 18 who have made it permanent.

The findings will be presented to MPs on Tuesday as part of a push urging politicians to give all workers in Britain a 32-hour week.

[…]

The UK pilot, which kicked off last June, has been promoted by 4 Day Week Global, a not-for-profit organisation founded in New Zealand, and overseen by the thinktank Autonomy and a team of academics.

Companies taking part were offered workshops and mentoring to help them rethink working practices. Staff were given the opportunity to remain on their existing salary, working across four days instead of five.

[…]

In total, about 2,900 employees across the UK have taken part in the pilot. Surveys of staff taken before and after found that 39% said they were less stressed, 40% were sleeping better and 54% said it was easier to balance work and home responsibilities.

The number of sick days taken during the trial fell by about two-thirds and 57% fewer staff left the firms taking part compared with the same period a year earlier.

[…]

Ryle, of the campaign, said: “The economy doesn’t need us to be working five days a week any more. It was 100 years ago, the shift to a five-day week, and the economy’s transformed since then.”

Source: Four-day week: ‘major breakthrough’ as most UK firms in trial extend changes | Work-life balance | The Guardian

Amazon Is Pocketing Half of Retailers’ Sales

Merchants on Amazon Marketplace are paying the company a commission fee of more than 50% of each sale. A new report by Marketplace Pulse revealed Amazon raised the total cost sellers are required to pay out toward storage fees at company warehouses, packaging and delivery, and advertising on the site.

The commission fee has gradually risen since 2016 according to the report, but sellers were not heavily impacted because of an influx of customers and a substantial increase in sales during the covid-19 pandemic. But the report said that sales plummeted when the lockdowns lifted and buyers turned to things like travel and dining out rather than online shopping. The residual effects meant that Amazon suffered its slowest sales growth since its inception.

Marketplace Pulse reported that Amazon receives a 15% transaction, or referral fee, from the sellers who also pay between 25% and 35% in Fulfillment fees and 15% toward advertising and promoting on the site.

The average fees Amazon collected last year rose to 51.8% from 35.2% in 2016

[…]

Source: Amazon Is Pocketing Half of Retailers’ Sales

Alphabet stock price drops $120b / 10% after Google Bard launch blunder

About 10 percent of Alphabet’s market value – some $120 billion – was wiped out this week after Google proudly presented Bard, its answer to Microsoft’s next-gen AI offerings, and the system bungled a simple question.

In a promotional video to show off Bard, a web search assistant to compete against Microsoft’s ChatGPT-enhanced Bing, the software answered a science question incorrectly, sending Alphabet’s share price down amid an overall lackluster launch by the Chocolate Factory.

[…]

In an example query-response offered by Google’s spinners, Bard was asked to explain discoveries made by NASA’s James Webb Space Telescope (JWST) at a level a nine-year-old would understand. Some of the text generated by the model, however, was wrong.

Bard claimed “JWST took the very first pictures of a planet outside of our own solar system,” yet the first image of just such an exoplanet, 2M1207b, was actually captured by the European Southern Observatory’s Very Large Telescope in 2004, according to NASA.

[…]

Source: Alphabet stock price drops after Google Bard launch blunder • The Register

This is a bit of a harsh reaction by the market considering that ChatGPT comes with all kinds of disclaimers saying don’t trust it (and you shouldn’t!) and Bing will also make mistakes. The problem is that these systems are created using very imperfect human input, so they never will be perfect. They need to be fact checked, just like the responses you get on the 1st page of a search engine. They are not perfect either. Expecting perfection is unrealistic and will never happen.

Microsoft will wipe free Teams business users’ data if they don’t upgrade to a paid tier

Now that Microsoft has launched its Teams Premium service, it’s shaking up the free offering for work — and not everyone will be happy. The company is retiring the existing Teams Free version for small business in favor of the similarly-titled Teams (free) on April 12th, and legacy data won’t carry over. Your office will have to pay for at least the Teams Essentials plan ($4 per user per month) to preserve chats, meetings, channels and other key info.

As Windows Central explains, the new Teams (free) tier will require a new account. Data in the old app, now rebadged as Teams Free (classic), will be deleted. Anything you haven’t saved by then will be gone, including shared files you haven’t downloaded.

We’ve asked Microsoft for comment. This won’t affect personal use, but it could prove to be a headache for small firms that previously relied on the free Teams to coordinate. They’ll either have to start paying or they’ll lose access to past discussions, not to mention deal with the headache of recreating their channel setups.

[…]

Source: Microsoft will wipe free Teams business users’ data if they don’t upgrade to a paid tier | Engadget

This freemium to paid business model hasn’t been seen in a little while…

AMD, NVidia are ‘undershipping’ chips to keep CPU, GPU prices elevated

[…]

AMD’s client PC sales also dropped dramatically—a whopping 51 percent year-over-year—but the company managed to eke out a small profit despite the sky falling. So why aren’t CPU and GPU prices falling too? In a call with investors Tuesday night, CEO Lisa Su confirmed that AMD has been “undershipping” chips for a while now to balance supply and demand (read: keep prices up).

“We have been undershipping the sell-through or consumption for the last two quarters,” Su said, as spotted by PC Gamer. “We undershipped in Q3, we undershipped in Q4. We will undership, to a lesser extent, in Q1.”

With the pandemic winding down and inflation ramping up, far fewer people are buying CPUs, GPUs, and PCs. It’s a hard, sudden reverse from just months ago, when companies like Nvidia and AMD were churning out graphic cards as quickly as possible to keep up with booming demand from cryptocurrency miners and PC gamers alike. Now that GPU mining is dead, shelves are brimming with unsold chips.

Despite the painfully high price tags of new next-gen GPUs, last-gen GeForce RTX 30-series and Radeon RX 6000-series graphics cards are still selling for very high prices considering their two-year-old status. Strategic under-shipping helps companies maintain higher prices for their wares.

[…]

AMD isn’t the only one doing it, either.

“We’re continuing to watch each and every day in terms of the sell-through that we’re seeing,” Nvidia CFO Colette Kress said to investors in November. “So we have been undershipping. We have been undershipping gaming at this time so that we can correct that inventory that is out in the channel.”

Since then, Nvidia has released the $1,200 GeForce RTX 4080 and $800 RTX 4070 Ti, two wildly overpriced graphics cards, and tried positioning them as enthusiast-grade upsells over the RTX 30-series, rather than treating them like the usual cyclical upgrades. AMD’s $900 Radeon RX 7900 XT offers similarly disappointing value and the company recently released a blog post also positioning its new GPUs as enthusiast-grade upsells.

[…]

We expect—hope?—that as stocks dwindle down and competition ramps up, sanity will return to graphics card prices, mirroring AMD and Intel’s recent CPU price adjustments. Just this morning, Intel announced that its Arc A750 graphics card was getting a price cut to $250, instantly making it an all-too-rare tempting target for PC gamers on a budget.

Source: AMD is ‘undershipping’ chips to keep CPU, GPU prices elevated | PCWorld

How The Friedman Doctrine Leads To The Enshittification Of All Things

We recently wrote about Cory Doctorow’s great article on how the “enshittification” of social media (mainly Facebook and Twitter) was helping to lower the “switching costs” for people to try something new. In something of a follow up-piece on his Pluralistic site, Doctorow explores the process through which basically all large companies eventually hit the “enshittification” stage, and it’s (1) super insightful (2) really useful to think about, and (3) fit with a bunch of other ideas I’ve been thinking about of late. The opening paragraph is one for the ages:

Here is how platforms die: first, they are good to their users; then they abuse their users to make things better for their business customers; finally, they abuse those business customers to claw back all the value for themselves. Then, they die.

He provides a lot more details about this process. In the beginning, companies need users and become successful by catering to their needs:

When a platform starts, it needs users, so it makes itself valuable to users. Think of Amazon: for many years, it operated at a loss, using its access to the capital markets to subsidize everything you bought. It sold goods below cost and shipped them below cost. It operated a clean and useful search. If you searched for a product, Amazon tried its damndest to put it at the top of the search results.

And, especially in the venture-backed world, this is often easier to do, because there isn’t much of a demand for profits (sometimes even for revenue), as the focus is on user growth. So, companies take all that VC cash and use it to subsidize things, and… that’s often really great for consumers.

But, eventually, these companies have to pay back the VCs in the form of selling out to a bigger company or, preferably, through a big IPO, taking the company public, giving it access to the public equity markets, and… then being at the whims of Wall Street. This is the part that Cory doesn’t mention in his piece, but which I’ve been thinking quite a lot about lately, and I do think is an important piece to the puzzle.

Once you go public, and you have that quarterly drumbeat from Wall Street where pretty much all that matters is revenue and profit growth. Indeed, it’s long forgotten now, but Jeff Bezos and Amazon actually were a rare company that kind of bucked that trend, and for a while at least, told Wall Street not to expect such things, as it was going to invest more and more deeply in serving its customers, and Wall Street punished Bezos for it. It’s long forgotten now, but Wall Street absolutely hated Amazon Prime, which locked in customer loyalty, but which they thought was a huge waste of money. The same was true of Amazon Web Services, which has become a huge revenue driver for the company.

But Wall Street is not visionary. Wall Street does not believe in long term strategy. It believes in hitting your short term ever increasing numbers every three months. Or it will punish you.

And this, quite frequently, leads to the process that Cory lays out in his enshittification gravity well. Because once you’ve gone public, even if you have executives who still want to focus on pleasing users and customers, eventually any public company is also going to have other executives, often with Wall Street experience, who talk about the importance of keeping Wall Street happy. They’ll often quote Milton Friedman’s dumbest idea: that the only fiduciary duty company executives have is to increase their profits for shareholders.

But one of the major problems with this that I’ve discussed for years is that even if you believe (ridiculously) that your only goal is to increase profits for shareholders, that leaves out one very important variable: over what time frame?

This goes back to something I wrote more than 15 years ago, talking about Craigslist. At the time, Craigslist was almost certainly the most successful company in the world in terms of profits per employee. It was making boatloads of cash with like a dozen employees. But the company’s CEO (who was not Craig, by the way) had mentioned that the company wasn’t focused on “maximizing revenue.” After all, most of Craigslist is actually free. There are only a few categories that charge, and they tend to be the most commercial ones (job postings). And this resulted in some arguing that the company lacked a capitalist instinct, and somehow this was horrible.

But, as I wrote at the time, this left out the variable of time. Because maximizing revenue in the short term (i.e., in the 3 month window that Wall Street requires) often means sacrificing long term sustainability and long term profits. That’s because if you’re only looking at the next quarter (or, perhaps, the next two to four quarters if we’re being generous) then you’re going to be tempted to squeeze more of the value out of your customers, to “maximize revenue” or “maximize profits for shareholders.”

In Cory’s formulation, then, this takes us to stage two of the enshittification process: abusing your users to make things better for your business customers. That’s because “Wall Street” and the whole “fiduciary duty to your shareholders” argues that if you’re not squeezing your customers for more value — or more “average revenue per user” (ARPU) — then you’re somehow not living up to your fiduciary duty. But that ignores that doing so often sucks for your customers, and it opens a window for them to look elsewhere and go there. If that’s a realistic option, of course.

Of course, many companies hang on through this stage, partly through inertia, but also frequently through the lack of as comprehensive a competitive ecosystem. And, eventually, they’ve reached a kind of limit in how much they’ve abused their users to please their business customers which, in turn, allows them to please Wall Street and its short-term focus.

So that brings us to Cory’s stage three of the enshittification. In which they start seeking to capture all of the value.

For years, Tim O’Reilly has (correctly) argued that good companies should “create more value than they capture.” The idea here is pretty straightforward: if you have a surplus, and you share more of it with others (users and partners) that’s actually better for your long term viability, as there’s more and more of a reason for those users, partners, customers, etc. to keep doing business with you. Indeed, in that link above (from a decade ago), O’Reilly provides an example that could have come straight out of Cory’s enshittification essay:

“Consider Microsoft,” O’Reilly told MIT researcher Andrew McAfee during an interview at SXSWi, “whose vision of a computer on every desk and in every home changed the world of computing forever and created a rich ecosystem for developers. As Microsoft’s growth stalled, they gradually consumed more and more of the opportunity for them- selves, and innovators moved elsewhere, to the Internet.”

And this is what happens. At some point, after abusing your users to please your business goals, you hit some fairly natural limits.

But Wall Street and the Friedman doctrine never stop screaming for more. You must “maximize” your profits for shareholders in that short term window, even if it means you’re going to destroy your shareholders in the long term. And thus, you see any excess value as “money left on the table,” or money that you need to take.

The legacy copyright industry is the classic example of this. We’ve provided plenty of examples over they years, but back when the record labels were struggling to figure out how to adapt to the internet, every few years some new solution came along, like music-based video games (e.g., Guitar Hero), and they’d be crazy successful, and make everyone lots of money… and then the old record label execs would come in and scream about how they should be getting all that money, eventually killing the golden goose that was suddenly giving them all this free money for doing nothing.

And, thus, that last leg of the enshittification curve tends to be when these legacy industries refuse to play nice with the wider ecosystem (often the ones enabling your overall business to grow) and seek to capture all the value for themselves, without realizing that this is how companies die.

Of course, one recent example of this is Elon killing off third party Twitter apps. While no one has officially admitted to it, basically everyone is saying it’s because those apps didn’t show ads to users, and Elon is so desperate for ad revenue, he figured he should kill off those apps to “force” users onto his enshittified apps instead.

But, of course, all it’s really doing is driving not just many of the Twitter power users away, but also shutting down the developers who were actually doing more to make Twitter even more useful. In trying to grab more of the pie, Elon is closing off the ability to grow the pie much bigger.

This is one of the reasons that both Cory and I keep talking about the importance of interoperability. It not only allows users to break out of silos where this is happening, but it helps combat the enshittification process. It forces companies to remain focused on providing value and surplus, to their users, rather than chasing Wall Street’s latest demands.

The temptation to enshittify is magnified by the blocks on interoperability: when Twitter bans interoperable clients, nerfs its APIs, and periodically terrorizes its users by suspending them for including their Mastodon handles in their bios, it makes it harder to leave Twitter, and thus increases the amount of enshittification users can be force-fed without risking their departure.

But, as he notes, this strategy only works for so long:

An enshittification strategy only succeeds if it is pursued in measured amounts. Even the most locked-in user eventually reaches a breaking-point and walks away. The villagers of Anatevka in Fiddler on the Roof tolerated the cossacks’ violent raids and pogroms for years, until they didn’t, and fled to Krakow, New York and Chicago

There are ways around this, but it’s not easy. Cory and I push for interoperability (including adversarial interoperability) because we know in the long run it actually makes things better for users, and creates incentives for companies and services not to treat their users as an endless piggybank that can be abused at will. Cory frames it as a “freedom to exit.”

And policymakers should focus on freedom of exit – the right to leave a sinking platform while continuing to stay connected to the communities that you left behind, enjoying the media and apps you bought, and preserving the data you created

But, there’s more that can be done as well, and it should start with pushing back on the Friedman Doctrine of maximizing shareholder profits as the only fiduciary duty. We’ve seen some movement against that view with things like B corps., that allow companies to explicitly state that they have more stakeholders than shareholders and will act accordingly. Or experiments like the Long Term Stock Exchange, which (at the very least) try to offer an alternative for a company to be public, but not tied to quarterly reporting results.

All of these things matter, but I do think keeping the idea of time horizons in there matters as well. It’s one thing to say “maximize profits,” but any time you hear that you should ask “over what time frame.” Because a company can squeeze a ton of extra money in the short term in a way that guarantees to lessen the future prospects for the companies. That’s what happens in the enshittification process, and it really doesn’t need to be an inevitable law for all companies.

Source: How The Friedman Doctrine Leads To The Enshittification Of All Things | Techdirt

Pet food retailer Zooplus hits out at Royal Canin’s ‘excessive’ price increases – and offers customers 10% off its competitors

[…]

Customers have been reporting steep price increases across a number of items from Royal Canin – with one saying her food had increased by £15 for a 10kg bag in less than a year.

Zooplus, an online pet food seller that stocks Royal Canin – among other brands – said it did not want to pass these price increases on to its customers, branding them “excessive”, and saying “value for money is important to us”.

The German retailer explained that people may find it difficult to buy Royal Canin products from its site and it has limited the number of items each household can purchase.

[…]

 

Source: Pet food retailer Zooplus hits out at Royal Canin’s ‘excessive’ price increases – and offers customers 10% off its competitors | UK News | Sky News

Moderna CEO: 400% price hike on COVID vaccine “consistent with the value”, Pfizer-BioNTech thinks so too

Moderna is considering raising the price of its COVID-19 vaccine by over 400 percent—from $26 per dose to between $110 and $130 per dose—according to a report by The Wall Street Journal.

Ars has reached out to Moderna for comment but has not yet received a response. The plan, if realized, would match the previously announced price hike for Pfizer-BioNTech’s rival COVID-19 vaccine.

The Journal spoke with Moderna CEO Stephane Bancel at the JP Morgan Healthcare Conference in San Francisco Monday, who said of the 400 percent price hike: “I would think this type of pricing is consistent with the value.”

Until now, the mRNA-based COVID-19 vaccines from Moderna and Pfizer-BioNTech have been purchased by the government and offered to Americans for free. In the latest federal contract from July, Moderna’s updated booster shot cost the government $26 per dose, up from $15–$16 per dose in earlier supply contracts, the Journal notes. Similarly, the government paid a little over $30 per dose for Pfizer-BioNTech’s vaccine this past summer, up from $19.50 per dose in contracts from 2020.

But now that the federal government is backing away from distributing the vaccines, their makers are moving to the commercial market—with price adjustments. Financial analysts had previously anticipated Pfizer would set the commercial price for its vaccine at just $50 per dose but were taken aback in October when Pfizer announced plans of a price between $110 and $130. Analysts then anticipated that Pfizer’s price would push Moderna and other vaccine makers to follow suit, which appears to be happening now.

Lawmakers have already lambasted Pfizer for the steep increase. In a letter sent last month to Pfizer CEO Albert Bourla, Senators Elizabeth Warren (D-Mass.) and Peter Welch (D-Vt.) called the price hike “pure and deadly greed” and accused the company of “unseemly profiteering.”

“We urge you to back off from your proposed price increases and ensure COVID-19 vaccines are reasonably priced and accessible to people across the United States,” they wrote.

The revelation that Moderna may match Pfizer’s price increase comes just a day after Moderna announced that its COVID-19 vaccine sales in 2022 totaled approximately $18.4 billion.

[…]

Source: Moderna CEO: 400% price hike on COVID vaccine “consistent with the value” | Ars Technica

US Moves To Bar Noncompete Agreements in Labor Contracts

In a far-reaching move that could raise wages and increase competition among businesses, the Federal Trade Commission on Thursday unveiled a rule that would block companies from limiting their employees’ ability to work for a rival. From a report: The proposed rule would ban provisions of labor contracts known as noncompete agreements, which prevent workers from leaving for a competitor or starting a competing business for months or years after their employment, often within a certain geographic area. The agreements have applied to workers as varied as sandwich makers, hair stylists, doctors and software engineers.

Studies show that noncompetes, which appear to directly affect roughly 20 percent to 45 percent of private-sector U.S. workers, hold down pay because job switching is one of the more reliable ways of securing a raise. Many economists believe they help explain why pay for middle-income workers has stagnated in recent decades. Other studies show that noncompetes protect established companies from start-ups, reducing competition within industries. The arrangements may also harm productivity by making it hard for companies to hire workers who best fit their needs.

The F.T.C. proposal is the latest in a series of aggressive and sometimes unorthodox moves to rein in the power of large companies under the agency’s chair, Lina Khan. “Noncompetes block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving businesses of a talent pool that they need to build and expand,” Ms. Khan said in a statement announcing the proposal. “By ending this practice, the F.T.C.’s proposed rule would promote greater dynamism, innovation and healthy competition.”

Source: US Moves To Bar Noncompete Agreements in Labor Contracts – Slashdot