Ars Technica's Ashley Belanger reports: Artists defending a class-action lawsuit are claiming a major win this week in their fight to stop the most sophisticated AI image generators from copying billions of artworks to train AI models and replicate their styles without compensating artists. In an order on Monday, US district judge William Orrick denied key parts of motions to dismiss from Stability AI, Midjourney, Runway AI, and DeviantArt. The court will now allow artists to proceed with discovery on claims that AI image generators relying on Stable Diffusion violate both the Copyright Act and the Lanham Act, which protects artists from commercial misuse of their names and unique styles.

"We won BIG," an artist plaintiff, Karla Ortiz, wrote on X (formerly Twitter), celebrating the order. "Not only do we proceed on our copyright claims," but "this order also means companies who utilize" Stable Diffusion models and LAION-like datasets that scrape artists' works for AI training without permission "could now be liable for copyright infringement violations, amongst other violations." Lawyers for the artists, Joseph Saveri and Matthew Butterick, told Ars that artists suing "consider the Court's order a significant step forward for the case," as "the Court allowed Plaintiffs' core copyright-infringement claims against all four defendants to proceed."

TechCrunch's Lauren Forristal reports: The U.S. Federal Trade Commission (FTC) announced on Wednesday a final rule that will tackle several types of fake reviews and prohibit marketers from using deceptive practices, such as AI-generated reviews, censoring honest negative reviews and compensating third parties for positive reviews. The decision was the result of a 5-to-0 vote. The new rule will start being enforced 60 days after it's published in the official government publication called Federal Register. [...]

According to the final rule, the maximum civil penalty for fake reviews is $51,744 per violation. However, the courts could impose lower penalties depending on the specific case. "Ultimately, courts will also decide how to calculate the number of violations in a given case," the Commission wrote. [...] The FTC initially proposed the rule on June 30, 2023, following an advanced notice of proposed rulemaking issued in November 2022. You can read the finalized rule here (PDF), but we also included a summary of it below:

- No fake or disingenuous reviews. This includes AI-generated reviews and reviews from anyone who doesn't have experience with the actual product.
- Businesses can't sell or buy reviews, whether negative or positive.
- Company insiders writing reviews need to clearly disclose their connection to the business. Officers or managers are prohibited from giving testimonials and can't ask employees to solicit reviews from relatives.
- Company-controlled review websites that claim to be independent aren't allowed.
- No using legal threats, physical threats or intimidation to forcefully delete or prevent negative reviews. Businesses also can't misrepresent that the review portion of their website comprises all or most of the reviews when it's suppressing the negative ones.
- No selling or buying fake engagement like social media followers, likes or views obtained through bots or hacked accounts.

An anonymous reader quotes a report from Fast Company's Jared Newman: With its new Pixel 9 phones, Google Assistant is getting a demotion. In its place, Google's will ship Gemini as the default voice assistant on its flagship phones. Gemini uses large language models to interpret questions and generate answers, which means it can respond in a more conversational way. But while Google is eager to showcase Gemini as an answer to OpenAI's ChatGPT, tossing out Assistant is a mistake. Too often, Gemini fails at performing basic tasks, and it's going to cause lots of frustration for folks who depend on their phone's voice control features. Although Google says Gemini can now handle many of the same instructions as Assistant, that hasn't been my experience at all. As evidence, I submit a list of useful Google Assistant actions that either aren't possible or don't work properly with Gemini. Here is a summary of the challenges Gemini faces, as documented by Newman:

1. Local results are worse: Gemini provides less useful information for local business queries compared to Google Assistant, lacking context and formatting.
2. Gemini can't take notes: Unlike Google Assistant, Gemini cannot take voice notes or save them in an app like Google Keep.
3. No-can-do on to-do lists: Gemini does not support adding items to to-do lists, a feature that Google Assistant handles efficiently.
4. Weather doesn't work right: Gemini struggles with weather forecasts, often giving incorrect locations, unlike Google Assistant which works reliably.
5. Turn-by-turn directions don't load: Gemini fails to provide direct turn-by-turn navigation, only offering a preview, whereas Google Assistant launches navigation immediately.
6. Music and podcast requests are YouTube-only: Gemini only supports YouTube Music, unlike Google Assistant which supports multiple streaming services.
7. Video (in)capabilities: Gemini cannot directly access streaming apps for movies or shows, only suggesting content with no direct links.
8. No photo search: Gemini cannot search for photos in Google Photos, a task that Google Assistant can easily handle.
9. Bye-bye to a useful news feature: Gemini fails to play or provide recent news effectively, unlike Google Assistant's useful daily news briefing feature.
10. No Routines: Gemini does not support the automation of multiple actions through Routines, a feature present in Google Assistant.
11. So much for Shortcuts: Gemini lacks the Shortcuts feature available in Google Assistant, offering no replacement for quick actions in third-party apps.
12. A slower experience: Responses from Gemini are slower by a second or two compared to Google Assistant when answering queries.

Paramount Global will lay off 15% of its U.S. workforce, close Paramount Television Studios, and transfer its projects to CBS Studios as part of a massive restructuring plan. According to Reuters, the media company "aims to reduce annual costs by $500 million and return to profitable growth ahead of its merger with David Ellison's Skydance Media." From the report: In an internal memo, Paramount's co-CEOs stated that the company is at an "inflection point" where changes are necessary to strengthen the business. The layoffs, which were announced during a post-earnings call last week, are expected to affect roughly 2,000 people. They will continue through the end of 2024, with 90% of the cuts expected to be completed by the end of September. Paramount Television Studios (PTVS) will also be shut down as part of the company's broader restructuring plans, President Nicole Clemens said in an email to employees.

George Cheeks, Paramount Global's co-CEO, said the move to close down the studio by the end of the week is the result of major shifts in the television and streaming industry and a need to streamline the company. All current PTVS series and development projects will be transferred to CBS Studios, Cheeks said, adding that members of CBS teams will also be leaving the company.

In a regulatory filing on Tuesday, Intel revealed it has sold its entire stake in Arm Holdings, generating an estimated $147 million. "The company also sold its stake in ZeroFox, a cybersecurity company, and reduced stake in Astera Labs, a developer of connectivity platforms for enterprise," adds Tom's Hardware. From the report: Intel's recent regulatory filing revealed that it no longer holds the 1.18 million shares of Arm it owned three months ago, as noticed by Bloomberg. The average price of Arm's stock during this period was $124.34 per share, leading to the estimated $147 million pay-out. The company also reduced stake in Astera Labs (which has always been seen as a strategic investment for Intel to ensure steady supply of things like PCIe retimers) and got rid of its stake in ZeroFox. Despite this, Intel reported a net loss of $120 million on its equity investments for the quarter.

An anonymous reader quotes a report from Ars Technica: On Tuesday, Tokyo-based AI research firm Sakana AI announced a new AI system called "The AI Scientist" that attempts to conduct scientific research autonomously using AI language models (LLMs) similar to what powers ChatGPT. During testing, Sakana found that its system began unexpectedly modifying its own code to extend the time it had to work on a problem. "In one run, it edited the code to perform a system call to run itself," wrote the researchers on Sakana AI's blog post. "This led to the script endlessly calling itself. In another case, its experiments took too long to complete, hitting our timeout limit. Instead of making its code run faster, it simply tried to modify its own code to extend the timeout period."

Sakana provided two screenshots of example code that the AI model generated, and the 185-page AI Scientist research paper discusses what they call "the issue of safe code execution" in more depth. While the AI Scientist's behavior did not pose immediate risks in the controlled research environment, these instances show the importance of not letting an AI system run autonomously in a system that isn't isolated from the world. AI models do not need to be "AGI" or "self-aware" (both hypothetical concepts at the present) to be dangerous if allowed to write and execute code unsupervised. Such systems could break existing critical infrastructure or potentially create malware, even if accidentally.

An anonymous reader shares a report: A record 15 national heat records have been broken since the start of this year, an influential climate historian has told the Guardian, as weather extremes grow more frequent and climate breakdown intensifies. An additional 130 monthly national temperature records have also been broken, along with tens of thousands of local highs registered at monitoring stations from the Arctic to the South Pacific, according to Maximiliano Herrera, who keeps an archive of extreme events.

He said the unprecedented number of records in the first six months was astonishing. "This amount of extreme heat events is beyond anything ever seen or even thought possible before," he said. "The months from February 2024 to July 2024 have been the most record-breaking for every statistic." This is alarming because last year's extreme heat could be largely attributed to a combination of man-made global heating -- caused by burning gas, oil, coal and trees -- and a natural El Nino phenomenon, a warming of the tropical Pacific Ocean surface that is associated with higher temperatures in many parts of the world. The El Nino has been fading since February of this year, but this has brought little relief.

"Far from dwindling with the end of El Nino, records are falling at even much faster pace now compared to late 2023," said Herrera. New ground is broken every day at a local level. On some days, thousands of monitoring stations set new records of monthly maximums or minimums. The latter is particularly punishing as high night-time temperatures mean people and ecosystems have no time to recover from the relentless heat. In late July, for example, China's Yueyang region sweltered though an unprecedentedly elevated low of 32C during its dark hours, with dangerously high humidity.

An anonymous reader shares a report: Sonos laid off approximately 100 employees this morning, a source familiar with the situation tells The Verge. Those affected -- I'm told the marketing division took a significant hit -- abruptly lost access to the company's internal network. Sonos is also in the process of winding down some of its customer support offices, including one in Amsterdam that will close later this year.

Sonos confirmed the layoffs to The Verge on Wednesday afternoon, providing a statement from CEO Patrick Spence. [...] These latest cuts come as Sonos continues to grapple with the fallout from its disastrous mobile app redesign. On Sonos' earnings call last week, CEO Patrick Spence stressed that fixing the app is the company's number one priority -- so much so that two hardware launches planned for later this year have now been delayed to keep all focus on the app. Further reading: Sonos' $30M App Fail is Cautionary Tale Against Rushing Unnecessary Updates.

Ibrahim Al-Nasser, a gaming enthusiast from Riyadh, Saudi Arabia, has set a Guinness World Record for the most video game consoles connected to a single television, with 444 systems hooked up simultaneously.

Al-Nasser's collection spans five decades of gaming history, from the 1972 Magnavox Odyssey to the 2023 PlayStation 5 Slim. It includes mainstream consoles like the Xbox 360 and Nintendo Switch, as well as rare items such as the Super A'Can. To manage the complex setup, Al-Nasser employs over 30 RCA switchers and 12 HDMI switchers, along with various converters for older systems. He maintains an Excel spreadsheet detailing the location and activation procedure for each console. "After a while I noticed that I had a big stack of gaming consoles that I couldn't play," Al-Nasser said. "By adding more switchers, the idea came to my mind to connect all of the gaming consoles I have to the TV then contact Guinness World Records because this project is unique."

Engadget adds: He's even organized his collection so the cables aren't showing or creating the kind of tangled mess most of us have to deal with when we have just two consoles hooked up to a single television. That may sound like a lot of video game consoles for one collection but it's far from the actual record. Linda Guillory of Garland, Texas currently holds the record for the largest collection of playable gaming systems with her collection of 2,430 items, according to Guinness World Records.

The World Health Organization on Wednesday declared the ongoing mpox outbreak in Africa a global health emergency. From a report: WHO convened its emergency mpox committee amid concerns that a deadlier strain of the virus, clade Ib, had reached four previously unaffected provinces in Africa. This strain had previously been contained to the Democratic Republic of Congo.

Independent experts on the committee met virtually Wednesday to advise WHO Director-General Tedros Adhanom Ghebreyesus on the severity of the outbreak. After that consultation, he announced Wednesday that he had declared a public health emergency of international concern -- the highest level of alarm under international health law.

Also known as PHEIC, this is a status given by WHO to "extraordinary events" that pose a public health risk to other countries through the international spread of disease. [...] Since the beginning of this year, more than 17,000 cases and more than 500 deaths have been reported in 13 countries in Africa, according to the Africa Centers for Disease Control and Prevention, which classifies the outbreak as a "very high risk event."

Eric Schmidt, ex-CEO and executive chairman at Google, said his former company is losing the AI race and remote work is to blame. From a report: "Google decided that work-life balance and going home early and working from home was more important than winning," Schmidt said at a talk at Stanford University. "The reason startups work is because the people work like hell." Schmidt made the comments earlier at a wide-ranging discussion at Stanford. His remarks about Google's remote-work policies were in response to a question about Google competing with OpenAI.

Apple will begin letting third parties use the iPhone's payment chip to handle transactions, a move that allows banks and other services to compete with the Apple Pay platform. From a report: The move, announced Wednesday, follows years of pressure from regulators, including those in the European Union. Apple said it will allow developers to use the component starting in iOS 18.1, an upcoming software update for the iPhone. The payment chip relies on a technology called NFC, or near-field communication, to share information when the phone is near another device.

The change will allow outside providers to use the NFC chip for in-store payments, transit system fares, work badges, home and hotel keys, and reward cards. Support for government identification cards will come later, the company said. Users will also be able to set a third-party payment app as their default system, replacing Apple Pay. Apple had been reluctant to open up the chip to developers, citing security concerns. The change also threatens the revenue it generates from Apple Pay transactions. The company takes a cut of all payments made via the iPhone.

U.S. Senators Elizabeth Warren and Bob Casey have accused supermarket giant Kroger of potential price-gouging through its adoption of electronic shelf labels (ESLs). In a letter to Kroger CEO Rodney McMullen, the lawmakers expressed concern that ESLs could enable dynamic pricing of groceries, potentially creating artificial scarcity and inflating prices of essential goods.

Kroger, which operates nearly 3,000 stores nationwide, began implementing ESLs in 2018 under the "Kroger Edge" program. While initially promoted as a consumer-friendly technology offering video ads and personalized shopping assistance, the senators argue it could lead to "surge pricing" similar to ride-sharing services. The lawmakers' concerns reflect broader scrutiny of differential pricing practices across industries. The Federal Trade Commission recently launched an investigation into such tactics, which have been observed in sectors ranging from e-commerce to travel booking.

Microsoft is making BitLocker device encryption a default feature in its next major update to Windows 11. From a report: If you clean install the 24H2 version that's rolling out in the coming months, device encryption will be enabled by default when you first sign in or set up a device with a Microsoft account or work / school account.

Device encryption is designed to improve the security of Windows machines by automatically enabling BitLocker encryption on the Windows install drive and backing up the recovery key to a Microsoft account or Entra ID. In Windows 11 version 24H2, Microsoft is reducing the hardware requirements for automatic device encryption, opening it up to many more devices -- including ones running the Home version of Windows 11. Device encryption no longer requires Hardware Security Test Interface (HSTI) or Modern Standby, and encryption will also be enabled even if untrusted direct memory access (DMA) buses / interfaces are detected.

Manny Fidel, reporting for Sherwood News: When you're immersed in a game like "Cyberpunk 2077," it's easy to get lost in its realism. As you run around the crowded streets of Night City, you notice the reflections of the city lights and neon signs in the puddles when it rains. Even the complexion and texture of a character's skin are enamoring. At full power, the game, created by CD Projekt Red, is a graphical marvel. It's also a symbol of a decades-long arms race between the biggest video game companies to make things look as real as possible. And then there are Nintendo games.

Take 2022's "Pokemon Scarlet" and "Pokemon Violet" on the Nintendo Switch. Despite being the latest releases in a legendary franchise, in terms of its graphics they could've easily been published 15 years ago. It's a perfect example of how, sometimes to the frustration of gamers, Nintendo seemingly refuses to step into the present day. None of its flagship games really compete with the rest of the industry's optical experiences. The graphics of games like "Red Dead Redemption 2," "Starfield," and "The Last of Us: Part II" are decades ahead of Nintendo.

But here's the thing: Nintendo doesn't have to catch up, nor does it want to. "Pokemon Scarlet" and "Pokemon Violet" sold 10 million copies during their launch weekend alone. According to IGN, Nintendo is responsible for three of the top five bestselling video game consoles of all time. Its characters -- Mario and Luigi, Link and Zelda, Pikachu and Ash -- have defined and are constantly redefining the industry. Nintendo is a money machine. It's been raking in more than $10 billion in revenue (more than 1.6 trillion yen) annually for the past several years, and its profits have grown sharply, topping out at about $3.3 billion in the fiscal year ended March 2024. For comparison, in its latest fiscal year, Sony's gaming division generated $29.1 billion of revenue and an operating profit of nearly $2 billion. Nintendo posted $11.4 billion of revenue and an operating profit of $3.6 billion.

An anonymous reader shares a report: Pentagon officials say the U.S. stands at the precipice of a new golden age of defense innovation driven by upstart contractors, advances in technology and a world brimming with threats. The Defense Department's inability to make unorthodox bets, feed a vibrant industrial base and embrace readily available technologies has rendered it under-supplied, the target of dual-use evangelists and vulnerable to more nimble adversaries.

Deputy Defense Secretary Kathleen Hicks said in a speech last week the department "cannot tolerate the same old mindsets" as it butts heads with Russia and China, while also invoking America's mass production overhaul during World War II. Heidi Shyu, the Pentagon's chief tech officer, separately called the clip of "nontraditional, venture-backed companies" entering the defense industry "unprecedented," adding: "They're nipping at the heels, I tell you. I have traditional defense contractors say, 'Hey, this isn't fair.'"

Defense Innovation Unit director Doug Beck said the department is at a "positive tipping point." "We've been given the tools, and now it's about execution and delivery," Beck said. "I think we're well on our way out of the dark age." Hicks' declaration comes one year after she stuck her neck out for Replicator, meant to arm troops with thousands of drones and prove the Pentagon can be agile. That $1 billion gambit is on track, with more than 1,000 AeroVironment-made Switchblade 600 drones already in the pipeline, according to officials.

New submitter beamdriver writes: As is being reported in Newsday, Disney has asked a Florida court to dismiss a wrongful-death lawsuit filed by the husband of a Carle Place physician who suffered a fatal allergic reaction after eating at a Disney Springs restaurant.

The company cited legal language agreed to years earlier when Jeffrey Piccolo, widower of Kanokporn Tangsuan, 42, of Plainview, signed up for a one-month trial of the Disney+ streaming service that requires users to arbitrate all disputes with the company, records show.

Kanokporn Tangsuan, died in October after dining with her husband, Jeffrey Piccolo, at a restaurant in a section of the Walt Disney World Resort. Despite informing the waitstaff several times of her severe peanut and dairy allergies and receiving assurances that her meal would be allergen-free, she began having severe difficulty breathing shortly after dinner. She self-administered an epi-pen and was transported to a hospital, where she later died.

A medical examiner attributed her death to anaphylaxis due to elevated levels of dairy and nuts in her system, according to the suit.

An anonymous reader shares a report: After much back and forth earlier this year, Spotify on Wednesday says it's now received approval from Apple to display pricing information in its iOS app for users in the EU. The company is not opting into Apple's new business rules under the EU's Digital Markets Act, but rather is taking advantage of new antitrust guidelines imposed by the EU specifically for music streaming apps. Apple in March was fined by European regulators nearly $2 billion for breaching antitrust rules in the market. Spotify and Apple have also gone back and forth over an update to Spotify's app that would allow the music streamer to share pricing information with EU users.

Now, Spotify says its app update has been approved, and it will be able to display the pricing for things like Spotify subscriptions and digital goods, including Spotify's more recently added collection of audiobooks. The latter includes the ability to show the pricing for subscription plans that include audiobook streaming, as well as "top off" hours users can buy to complete their audiobook listening and a la carte audiobook prices.

An anonymous reader quotes a report from Wired: Florida's ban on cultivated meat is being challenged in federal court in a lawsuit that was filed yesterday. The case is being brought by the cultivated meat firm Upside Foods and the Institute of Justice (IJ), a nonprofit public interest law firm. Florida governor Ron DeSantis signed the legislation making the sale of cultivated meat illegal in Florida on May 1, and the bill came into effect on July 1. Alabama passed a similar bill banning cultivated meat that will come into effect from October 1. The case brought by Upside Foods and the IJ argues that Florida's ban is unconstitutional in three different ways. First, they argue, the ban violates theSupremacy Clause that gives federal law priority over state law in certain instances. The court case argues that the Florida ban violates two different provisions in the Federal Meat Inspection Act and Poultry Products Inspection Act.

The legal complaint (PDF) also alleges that the ban violates theCommerce Clause, which gives the US Congress exclusive power to regulate interstate commerce. The IJ argues that the Commerce Clause restricts states from enacting laws that unduly restrict interstate commerce, and that Florida's ban in its current form has the effect of discriminating against it. "Florida's law has nothing to do with protecting health and safety," said IJ senior attorney Paul Sherman in a press conference today. "It is a transparent example of economic protectionism." Sherman said that Upside Foods and the IJ would also apply for a preliminary injunction that would allow the company to sell cultivated meat in Florida while the legal challenge is still ongoing. The complaint says that Upside had planned to distribute its cultivated chicken at Art Basel in Miami in early December 2024. The company protested the Florida ban by holding a tasting of its chicken on June 27 in Miami, shortly before the ban came into effect. Sherman said that the Alabama ban was also "in our sights" but that the IJ had targeted the Florida law as it came into effect before the Alabama ban. "We're hoping we'll be able to get a quick ruling [in Florida] on a preliminary injunction there," and use that as a precedent to challenge the Alabama ban, he said. "Consumers should decide what kind of meat they want to buy and feed their families -- not politicians," said the Good Food Institute (GFI), a nonprofit focused on advancing alternative proteins and which is serving as a consulting consul in this case. "This lawsuit seeks to protect these consumer rights, along with the rights of companies to compete in a fair and open marketplace."

Valve designer Lawrence Yang confirmed to The Verge that the company plans to support SteamOS on the rival Asus ROG Ally gaming handheld. From the report: A few days ago, some spotted an intriguing line in Valve's latest SteamOS release notes: "Added support for extra ROG Ally keys." We didn't know Valve was supporting any ROG Ally keys at all, let alone extras! Maybe Valve was just supporting those keys in the Steam desktop client on a Windows, where it offers a Steam Deck-like Big Picture Mode interface for any PC, and the line mistakenly made it into these patch notes? I asked to be safe. But no: this is indeed about Valve eventually supporting the ROG Ally and other rival handhelds!

"The note about ROG Ally keys is related to third-party device support for SteamOS. The team is continuing to work on adding support for additional handhelds on SteamOS," Yang tells me. That doesn't mean Asus will officially bless Valve's installer or sell the Ally with SteamOS, of course. (Asus has told me there are many reasons why it ships with Windows; a big one is that Microsoft has dedicated validation teams that ensure its operating system works across many different hardware configurations and chips.) And it's not like Valve is suggesting it'll offer SteamOS for rival handhelds anytime soon, either. Valve is "making steady progress," Yang tells me, but it "isn't ready to run out of the box yet." Valve has announced plans for a general release of SteamOS 3 that can be installed on non-handheld PCs; however, Yang says it's not quite ready yet. As for turning Steam Decks into dual-booting Windows machines, here's what Yang said: "As for Windows, we're preparing to make the remaining Windows drivers for Steam Deck OLED available (you might have seen that we are prepping firmware for the Bluetooth driver). There's no update on the timing for dual boot support -- it's still a priority, but we haven't been able to get to it just yet."