Author name: Kris Guyer

drugmakers-can-keep-making-off-brand-weight-loss-drugs-as-fda-backpedals

Drugmakers can keep making off-brand weight-loss drugs as FDA backpedals

The judge in the case, District Judge Mark Pittman, granted the FDA’s request, canceling an October 15 hearing, and ordering the parties to submit a joint status report on November 21.

Drugmakers respond

The move was celebrated by the Outsourcing Facilities Association (OFA), which filed the lawsuit.

“We believe that this is a fair resolution in light of the agency’s rash decision to take the drug off of the list at a time when the agency has acknowledged ‘supply disruptions,’ which immediately created a major access issue for patients everywhere,” OFA Chairperson Lee Rosebush said in a statement. “Most important, should the FDA repeat its removal decision when a shortage still genuinely exists, we will return to court.”

The move is also likely to please patients who have come to rely on cheaper, more readily available compounded versions of the drugs. For some, compounded products may have been their only access to tirzepatide.  Still, those drugs are not without risk. The FDA has repeatedly emphasized that compounded drugs are not FDA-approved and do not go through the same safety, efficacy, and quality reviews. And the agency has warned of dosing errors and other safety concerns with compounded versions.

The one party that is certainly unhappy with the FDA’s move is Eli Lilly, which had reportedly sent cease-and-desist letters to compounders. In an emailed statement to Ars, a spokesperson for Lilly said that there was sufficient supply of the company’s drug and continued use of compounded versions is unwarranted. “Nothing changes the fact that, as FDA has recognized, Mounjaro and Zepbound are available and the shortage remains ‘resolved,'” the spokesperson said.

Lilly also noted the FDA’s safety concerns about the compounded versions, adding that its own examination of some compounded products found impurities, bacteria, strange coloring, incorrect potency, puzzling chemical structures, and, in one case, a product that was just sugar alcohol.

“All doses of Lilly’s FDA-approved medicines are available and it is important that patients not be exposed to the risks in taking untested, unapproved knockoffs,” the spokesperson said.

In terms of the supply “disruptions” the FDA mentioned and that some patients and pharmacies have reportedly experienced, Lilly said that the supply chain was complex and there are many reasons why a given pharmacy may not have a specific dose at hand, such as limited refrigerated storage space.

Drugmakers can keep making off-brand weight-loss drugs as FDA backpedals Read More »

reports:-tesla’s-prototype-optimus-robots-were-controlled-by-humans

Reports: Tesla’s prototype Optimus robots were controlled by humans

Don’t ask me, I’m just a robot

Perhaps the strongest indication that human assistance was in play at the event was the Optimus units’ ability to carry on quick, extemporaneous conversations with human attendees. While AI models have shown rapid advances in naturalistic vocal communications recently, the smoothness and intonation of the Optimus conversations—and their ability to make out questions among a noisy crowd of humans—strongly suggested a human helping behind the scenes.

When Scoble confronted one Optimus robot directly about their autonomy (or lack thereof), the human operator played coy. “I can’t disclose just how much [is controlled by AI],” the unit said in a video posted by Scoble. “That’s something you’ll have to find out later.”

4. Bartender Optimus confirming he’s remote controlled pic.twitter.com/hRAPtutqcd

— Min Choi (@minchoi) October 12, 2024

Other human controllers were more forthcoming under direct questioning from partygoers, though. In one video from the event a drink-serving Optimus unit admits, “Today, I’m assisted by a human. I’m not yet fully autonomous.”

Misdirection

Musk very pointedly avoided discussing the autonomy of the current Optimus prototypes during his “We, Robot” remarks. Instead, he simply pointed out that “the Optimus robots will walk among you… I mean, it’s a wild experience just to have humanoid robots, and they’re there, just in front of you.”

But that introduction came after lengthy remarks in which Musk extrapolated from the “rapid progress” in Optimus prototypes to a future where affordable, fully autonomous Optimus robots would be able to do “anything you want.” Given that juxtaposition, it’s no wonder even some experts were willing to believe the partying prototypes on display were operating largely on their own.

“Fooled me,” Deepwater Asset Management Managing Partner Gene Munster admitted on social media after hearing reports of Optimus’ teleoperation. That admission came just hours after Munster posted about how the event was “just the start of mega AI use cases.” In reality, when it comes to fully autonomous humanoid robots, Optimus seems to still largely be approaching the starting line.

Reports: Tesla’s prototype Optimus robots were controlled by humans Read More »

eleven-things-to-know-about-in-the-windows-11-2024-update

Eleven things to know about in the Windows 11 2024 Update


A look at some of the changes and odds and ends in this year’s Windows release.

The Windows 11 2024 Update, also known as Windows 11 24H2, started rolling out last week. Your PC may have even installed it already!

The continuous feature development of Windows 11 (and Microsoft’s phased update rollouts) can make it a bit hard to track exactly what features you can expect to be available on any given Windows PC, even if it seems like it’s fully up to date.

This isn’t a comprehensive record of all the changes in the 2024 Update, and it doesn’t reiterate some basic but important things like Wi-Fi 7 or 80Gbps USB4 support. But we’ve put together a small list of new and interesting changes that you’re guaranteed to see when your version number rolls over from 22H2 or 23H2 to 24H2. And while Microsoft’s announcement post spent most of its time on Copilot and features unique to Copilot+ PCs, here, we’ll only cover things that will be available on any PC you install Windows 11 on (whether it’s officially supported or not).

Quick Settings improvements

The Quick Settings panel sees a few nice quality-of-life improvements. The biggest is a little next/previous page toggle that makes all of the Quick Settings buttons accessible without needing to edit the menu to add them. Instead of clicking a button and entering an edit menu to add and remove items from the menu, you click and drag items between pages. The downside is that you can’t see all of the buttons at once across three rows as you could before, but it’s definitely more handy if there are some items you want to access sometimes but don’t want to see all the time.

A couple of individual Quick Settings items see small improvements: a refresh button in the lower-right corner of the Wi-Fi settings will rescan for new Wi-Fi networks instead of making you exit and reopen the Wi-Fi settings entirely. Padding in the Accessibility menu has also been tweaked so that all items can be clearly seen and toggled without scrolling. If you use one or more VPNs that are managed by Windows’ settings, it will be easier to toggle individual VPN connections on and off, too. And a Live Captions accessibility button to generate automatic captions for audio and video is also present in Quick Settings starting in 24H2.

More Start menu “suggestions” (aka ads)

Amid apps I’ve recently installed and files I’ve recently opened, the “recommended” area of the Start menu will periodically recommend apps to install. These change every time I open the Start menu and don’t seem to have anything to do with my actual PC usage. Credit: Andrew Cunningham

One of the first things a fresh Windows install does when it connects to the Internet is dump a small collection of icons into your Start menu, things grabbed from the Microsoft Store that you didn’t ask for and may not want. The exact apps change from time to time, but these auto-installs have been happening since the Windows 10 days.

The 24H2 update makes this problem subtly worse by adding more “recommendations” to the lower part of the Start menu below your pinned apps. This lower part of the Start menu is usually used for recent files or newly (intentionally) installed apps, but with recommendations enabled, it can also pull recommended apps from the Microsoft Store, giving Microsoft’s app store yet another place to push apps on you.

These recommendations change every time you open the Start menu—sometimes you’ll see no recommended apps at all, and sometimes you’ll see one of a few different app recommendations. The only thing that distinguishes these items from the apps and files you have actually interacted with is that there’s no timestamp or “recently added” tag attached to the recommendations; otherwise, you’d think you had downloaded and installed them already.

These recommendations can be turned off in the Start menu section of the Personalization tab in Settings.

Context menu labels

Text labels added to the main actions in the right-click/context menu. Credit: Andrew Cunningham

When Windows 11 redesigned the right-click/context menu to help clean up years of clutter, it changed basic commands like copy and paste from text labels to small text-free glyphs. The 2024 Update doesn’t walk this back, but it does add text labels back to the glyphs, just in case the icons by themselves didn’t accurately communicate what each button was used for.

Windows 11’s user interface is full of little things like this—stuff that was changed from Windows 10, only to be changed back in subsequent updates, either because people complained or because the old way was actually better (few text-free glyphs are truly as unambiguously, universally understood as a text label can be, even for basic commands like cut, copy, and paste).

Smaller, faster updates

The 24H2 update introduces something that Microsoft calls “checkpoint cumulative updates.”

To recap, each annual Windows update also has a new major build number; for 24H2, that build number is 26100. In 22H2 and 23H2, it was 22621 and 22631. There’s also a minor build number, which is how you track which of Windows’ various monthly feature and security updates you’ve installed. This number starts at zero for each new annual update and slowly increases over time. The PC I’m typing this on is running Windows 11 build 26100.1882; the first version released to the Release Preview Windows Insider channel in June was 26100.712.

In previous versions of Windows, any monthly cumulative update that your PC downloads and installs can update any build of Windows 11 22H2/23H2 to the newest build. That’s true whether you’re updating a fresh install that’s missing months’ worth of updates or an actively used PC that’s only a month or two out of date. As more and more updates are released, these cumulative updates get larger and take longer to install.

Starting in Windows 11 24H2, Microsoft will be able to designate specific monthly updates as “checkpoint” updates, which then become a new update baseline. The next few months’ worth of updates you download to that PC will contain only the files that have been changed since the last checkpoint release instead of every single file that has been changed since the original release of 24H2.

If you’re already letting Windows do its update thing automatically in the background, you probably won’t notice a huge difference. But Microsoft says these checkpoint cumulative updates will “save time, bandwidth, and hard drive space” compared to the current way of doing things, something that may be more noticeable for IT admins with dozens or hundreds of systems to keep updated.

Sudo for Windows

A Windows version of the venerable Linux sudo command—short for “superuser do” or “substitute user do” and generally used to grant administrator-level access to whatever command you’re trying to run—first showed up in experimental Windows builds early this year. The feature has formally been added in the 24H2 update, though it’s off by default, and you’ll need to head to the System settings and then the “For developers” section to turn it on.

When enabled, Sudo for Windows (as Microsoft formally calls it) allows users to run software as administrator without doing the dance of launching a separate console window as an administrator.

By default, using Sudo for Windows will still open a separate console window with administrator privileges, similar to the existing runas command. But it can also be configured to run inline, similar to how it works from a Linux or macOS Terminal window, so you could run a mix of elevated and unelevated software from within the same window. A third option, “with input disabled,” will run your software with administrator privileges but won’t allow additional input, which Microsoft says reduces the risk of malicious software gaining administrator privileges via the sudo command.

One thing the runas command supports that Sudo for Windows doesn’t is the ability to run software as any local user—you can run software as the currently-logged-in user or as administrator, but not as another user on the machine, or using an account you’ve set up to run some specific service. Microsoft says that “this functionality is on the roadmap for the sudo command but does not yet exist.”

Protected print mode

Enabling the (currently optional) protected print mode in Windows 11 24H2. Credit: Andrew Cunningham

Microsoft is gradually phasing out third-party print drivers in Windows in favor of more widely compatible universal drivers. Printer manufacturers will still be able to add things on top of those drivers with their own apps, but the drivers themselves will rely on standards like the Internet Printing Protocol (IPP), defined by the Mopria Alliance.

Windows 11 24H2 doesn’t end support for third-party print drivers yet; Microsoft’s plan for switching over will take years. But 24H2 does give users and IT administrators the ability to flip the switch early. In the Settings app, navigate to “Bluetooth & devices” and then to “Printers & scanners” and enable Windows protected print mode to default to the universal drivers and disable compatibility. You may need to reconnect to any printer you had previously set up on your system—at least, that was how it worked with a network-connected Brother HL-L2340D I use.

This isn’t a one-way street, at least not yet. If you discover your printer won’t work in protected print mode, you can switch the setting off as easily as you turned it on.

New setup interface for clean installs

When you create a bootable USB drive to install a fresh copy of Windows—because you’ve built a new PC, installed a new disk in an existing PC, or just want to blow away all the existing partitions on a disk when you do your new install—the interface has stayed essentially the same since Windows Vista launched back in 2006. Color schemes and some specific dialog options have been tweaked, but the interface itself has not.

For the 2024 Update, Microsoft has spruced up the installer you see when booting from an external device. It accomplishes the same basic tasks as before, giving you a user interface for entering your product key/Windows edition and partitioning disks. The disk-partitioning interface has gotten the biggest facelift, though one of the changes is potentially a bit confusing—the volumes on the USB drive you’re booted from also show up alongside any internal drives installed in your system. For most PCs with just a single internal disk, disk 0 should be the one you’re installing to.

Wi-Fi drivers during setup

Microsoft’s obnoxious no-exceptions Microsoft account requirement for all new PCs (and new Windows installs) is at its most obnoxious when you’re installing on a system without a functioning network adapter. This scenario has come up most frequently for me when clean-installing Windows on a brand-new PC with a brand-new, as-yet-unknown Wi-Fi adapter that Windows 11 doesn’t have built-in drivers for. Windows Update is usually good for this kind of thing, but you can’t use an Internet connection to fix not having an Internet connection.

Microsoft has added a fallback option to the first-time setup process for Windows 11 that allows users to install drivers from a USB drive if the Windows installer doesn’t already include what you need. As a failover, would we prefer to see an easy-to-use option that didn’t require Microsoft account sign-in? Sure. But this is better than it was before.

To bypass this entirely, there are still local account workarounds available for experts. Pressing Shift + F10, typing OOBEBYPASSNRO in the Command Prompt window that opens, and hitting Enter is still there for you in these situations.

Boosted security for file sharing

The 24H2 update has boosted the default security for SMB file-sharing connections, though, as Microsoft Principal Program Manager Ned Pyle notes, it may result in some broken things. In this case, that’s generally a good thing, as they’re only breaking because they were less secure than they ought to be. Still, it may be dismaying if something suddenly stops functioning when it was working before.

The two big changes are that all SMB connections need to be signed by default to prevent relay attacks and that Guest access for SMB shares is disabled in the Pro edition of Windows 11 (it had already been disabled in Enterprise, Education, and Pro for Workstation editions of Windows in the Windows 10 days). Guest fallback access is still available by default in Windows 11 Home, though the SMB signing requirement does apply to all Windows editions.

Microsoft notes that this will mainly cause problems for home NAS products or when you use your router’s USB port to set up network-attached storage—situations where security tends to be disabled by default or for ease of use.

If you run into network-attached storage that won’t work because of the security changes to 24H2, Microsoft’s default recommendation is to make the network-attached storage more secure. That usually involves configuring a username and password for access, enabling signing if it exists, and installing firmware updates that might enable login credentials and SMB signing on devices that don’t already support it. Microsoft also recommends replacing older or insecure devices that don’t meet these requirements.

That said, advanced users can turn off both the SMB signing requirements and guest fallback protection by using the Local Group Policy Editor. Those steps are outlined here. That post also outlines the process for disabling the SMB signing requirement for Windows 11 Home, where the Local Group Policy Editor doesn’t exist.

Windows Mixed Reality is dead and gone

Several technology hype cycles ago, before the Metaverse and when most “AI” stuff was still called “machine learning,” Microsoft launched a new software and hardware initiative called Windows Mixed Reality. Built on top of work it had done on its HoloLens headset in 2015, Windows Mixed Reality was meant to bring in app developers and the PC makers and allowed them to build interoperable hardware and software for both virtual reality headsets that covered your eyes entirely and augmented reality headsets that superimpose objects over the real world.

But like some other mid-2010s VR-related initiatives, both HoloLens and Windows Mixed Reality kind of fizzled and flailed, and both are on their way out. Microsoft officially announced the end of HoloLens at the beginning of the month, and Windows 11 24H2 utterly removes everything Mixed Reality from Windows.

Microsoft announced this in December of 2023 (in a message that proclaims “we remain committed to HoloLens”), though this is a shorter off-ramp than some deprecated features (like the Android Subsystem for Windows) have gotten. Users who want to keep using Windows Mixed Reality can continue to use Windows 23H2, though support will end for good in November 2026 when support for the 23H2 update expires.

WordPad is also dead

WordPad running in Windows 11 22H2. It will continue to be available in 22H2/23H2, but it’s been removed from the 2024 update. Credit: Andrew Cunningham

We’ve written plenty about this already, but the 24H2 update is the one that pulls the plug on WordPad, the rich text editor that has always existed a notch above Notepad and many, many notches below Word in the hierarchy of Microsoft-developed Windows word processors.

WordPad’s last update of any real substance came in 2009, when it was given the then-new “ribbon” user interface from the then-recent Office 2007 update. It’s one of the few in-box Windows apps not to see some kind of renaissance in the Windows 11 era; Notepad, by contrast, has gotten more new features in the last two years than it had in the preceding two decades. And now it has been totally removed, gone the way of Internet Explorer and Encarta.

Photo of Andrew Cunningham

Andrew is a Senior Technology Reporter at Ars Technica, with a focus on consumer tech including computer hardware and in-depth reviews of operating systems like Windows and macOS. Andrew lives in Philadelphia and co-hosts a weekly book podcast called Overdue.

Eleven things to know about in the Windows 11 2024 Update Read More »

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Over 86% of surveyed health care providers are short on IV fluids

Trucks and Gatorade

Federal officials, meanwhile, are working with Baxter to help support increasing supplies, setting up temporary imports, and expediting consideration of any shelf-life extension requests.

In a letter earlier this week, Department of Health and Human Services Secretary Xavier Becerra told health care leaders that the department is “working tirelessly to mitigate the sterile solutions supply chain disruptions” and, beyond the current crisis, is also working to diversify the supply chain so it is less reliant on a single plant.

For now, though, “HHS is encouraging all providers and health systems, regardless of whether they have experienced a disruption in their supply, to take measures to conserve these critical products,” the letter read. Some hospitals have already reported giving patients Gatorade and Pedialyte to conserve IV fluid supplies.

In one bright spot in the current disruptions, fears that Hurricane Milton would disrupt another IV fluid manufacturing plant in Florida were not realized this week. B. Braun Medical’s manufacturing site in Daytona Beach was not seriously impacted by the storm, the company announced, and production resumed normally Friday. Prior to the storm, with the help of the federal government, B. Braun reportedly moved more than 60 truckloads of IV fluid inventory north of Florida for safekeeping. That inventory will be returned to the Daytona facility, according to reporting by the Associated Press.

Over 86% of surveyed health care providers are short on IV fluids Read More »

climate-change-boosted-milton’s-landfall-strength-from-category-2-to-3

Climate change boosted Milton’s landfall strength from Category 2 to 3

Using this simulated data set, called IRIS, the researchers selected for those storms that made landfall along a track similar to that of Milton. Using these, they show that the warming climate has boosted the frequency of storms of Milton’s intensity by 40 percent. Correspondingly, the maximum wind speeds of similar storms have been boosted by about 10 percent. In Milton’s case, that means that, in the absence of climate change, it was likely to have made landfall as a Category 2 storm, rather than the Category 3 it actually was.

Rainfall

The lack of full meteorological data caused a problem when it came to analyzing Milton’s rainfall. The researchers ended up having to analyze rainfall more generally. They took four data sets that do track rainfall across these regions and tracked the link between extreme rainfall and the warming climate to estimate how much more often extreme events occur in a world that is now 1.3° C warmer than it was in pre-industrial times.

They focus on instances of extreme one-day rainfall within the June to November period, looking specifically at 1-in-10-year and 1-in-100-year events. Both of these produced similar results, suggesting that heavy one-day rainfalls are about twice as likely in today’s climates, and the most extreme of these are between 20 and 30 percent more intense.

These results came from three of the four data sets used, which produced largely similar results. The fourth dataset they used suggested a far stronger effect of climate change, but since it wasn’t consistent with the rest, these results weren’t used.

As with the Helene analysis, it’s worth noting that this work represents a specific snapshot in time along a long-term warming trajectory. In other words, it’s looking at the impact of 1.3° C of warming at a time when our emissions are nearly at the point where they commit us to at least 1.5° C of warming. And that will tilt the scales further in favor of extreme weather events like this.

Climate change boosted Milton’s landfall strength from Category 2 to 3 Read More »

5th-circuit-rules-isp-should-have-terminated-internet-users-accused-of-piracy

5th Circuit rules ISP should have terminated Internet users accused of piracy


ISP Grande loses appeal as 5th Circuit sides with Universal, Warner, and Sony.

Illustration of a laptop with the skull-and-crossbones pirate symbol on the screen.

Credit: Getty Images | natatravel

Music publishing companies notched another court victory against a broadband provider that refused to terminate the accounts of Internet users accused of piracy. In a ruling on Wednesday, the conservative-leaning US Court of Appeals for the 5th Circuit sided with the big three record labels against Grande Communications, a subsidiary of Astound Broadband.

The appeals court ordered a new trial on damages because it said the $46.8 million award was too high, but affirmed the lower court’s finding that Grande is liable for contributory copyright infringement.

“Here, Plaintiffs [Universal, Warner, and Sony] proved at trial that Grande knew (or was willfully blind to) the identities of its infringing subscribers based on Rightscorp’s notices, which informed Grande of specific IP addresses of subscribers engaging in infringing conduct. But Grande made the choice to continue providing services to them anyway, rather than taking simple measures to prevent infringement,” said the unanimous ruling by three judges.

Rightscorp is a copyright-enforcement company used by the music labels to detect copyright infringement. The company monitors torrent downloads to find users’ IP addresses and sends infringement notices to Internet providers that serve subscribers using those IP addresses.

“The evidence at trial demonstrated that Grande had a simple measure available to it to prevent further damages to copyrighted works (i.e., terminating repeat infringing subscribers), but that Grande never took it,” the 5th Circuit ruling said. “On appeal, Grande and its amici make a policy argument—that terminating Internet services is not a simple measure, but instead a ‘draconian overreaction’ that is a ‘drastic and overbroad remedy’—but a reasonable jury could, and did, find that Grande had basic measures, including termination, available to it. And because Grande does not dispute any of the evidence on which Plaintiffs relied to prove material contribution, there is no basis to conclude a reasonable jury lacked sufficient evidence to reach that conclusion.”

Grande’s pre-lawsuit policy: No terminations

The ruling described how Grande implemented a new policy on copyright infringement in 2010, a year after being purchased by a private equity firm:

Under Grande’s new policy, Grande no longer terminated subscribers for copyright infringement, no matter how many infringement notices Grande received. As Grande’s corporate representative at trial admitted, Grande “could have received a thousand notices about a customer, and it would not have terminated that customer for copyright infringement.”

Further, under Grande’s new policy, Grande did not take other remedial action to address infringing subscribers, such as suspending their accounts or requiring them to contact Grande to maintain their services. Instead, Grande would notify subscribers of copyright infringement complaints through letters that described the nature of the complaint and possible causes and advised that any infringing conduct is unlawful and should cease. Grande maintained that policy for nearly seven years, until May 2017.

The record labels sued Grande in April 2017. “It was not until after Plaintiffs initiated this lawsuit that Grande resumed terminating subscribers for copyright infringement,” the ruling said.

In November 2022, the labels were awarded $46,766,200 in statutory damages by a jury in US District Court for the Western District of Texas. But the District Court will have to hold a new damages trial following this week’s appeals court ruling.

Back in 2020, we wrote about the voir dire questions that record labels intended to ask prospective jurors in their case against Grande. One of those questions was, “Have you ever read or visited Ars Technica or TorrentFreak?”

Damages to be reduced

Although the 5th Circuit agreed that Grande is liable for contributory copyright infringement, judges found that the lower court “erred in granting JMOL [judgment as a matter of law] that each of the 1,403 songs in suit was eligible for a separate award of statutory damages.” The damages were $33,333 per song.

The 5th Circuit remanded the case to the district court for a new trial on damages. Record labels can expect a lower payout because the appeals court said they can’t obtain separate damages awards for multiple songs on the same album.

“The district court determined that each of Plaintiffs’ 1,403 sound recordings that was infringed entitled Plaintiffs to an individual statutory damages award,” the 5th Circuit said. “Grande contends that the text of the Copyright Act requires a different result: Whenever more than one of those recordings appeared on the same album, Plaintiffs are entitled to only one statutory damages award for that album, regardless of how many individual recordings from the album were infringed. Grande has the better reading of the text of the statute.”

The Copyright Act says that “all the parts of a compilation or derivative work constitute one work,” the court said. In the Grande case, record labels sought damages for each song but conceded that “each album constitutes a compilation.”

“In sum, the record evidence indicates that many of the works in suit are compilations (albums) comprising individual works (songs),” the 5th Circuit court wrote. “The statute unambiguously instructs that a compilation is eligible for only one statutory damage award, whether or not its constituent works are separately copyrightable.”

Larger battle could head to Supreme Court

The Grande case is part of a larger battle between ISPs and copyright holders. The industries are waiting to learn whether the Supreme Court will take up a challenge by cable firm Cox Communications, which wants to overturn a ruling in a similar copyright infringement lawsuit brought by Sony.

The US Court of Appeals for the 4th Circuit affirmed a jury’s finding that Cox was guilty of willful contributory infringement, though it also vacated a $1 billion damages award because it found that “Cox did not profit from its subscribers’ acts of infringement.” Cox and other ISPs argue that copyright-infringement notices sent on behalf of record labels aren’t reliable and that forcing ISPs to disconnect users based on unproven piracy accusations will cause great harm.

A Supreme Court brief filed by Altice USA, Frontier Communications, Lumen (aka CenturyLink), and Verizon said the 4th Circuit ruling “imperils the future of the Internet” by “expos[ing] Internet service providers to massive liability if they do not carry out mass Internet evictions.” Cutting off a subscriber’s service would hurt other residents in a home “who did not infringe and may have no connection to the infringer,” they wrote.

Cox told the Supreme Court that ISPs “have no way of verifying whether a bot-generated notice is accurate. And no one can reliably identify the actual individual who used a particular Internet connection for an illegal download. The ISP could connect the IP address to a particular subscriber’s account, but the subscriber in question might be a university or a conference center with thousands of individual users on its network, or a grandmother who unwittingly left her Internet connection open to the public. Thus, the subscriber is often not the infringer and may not even know about the infringement.”

Cox asked the Supreme Court to decide whether the 4th Circuit “err[ed] in holding that a service provider can be held liable for ‘materially contributing’ to copyright infringement merely because it knew that people were using certain accounts to infringe and did not terminate access, without proof that the service provider affirmatively fostered infringement or otherwise intended to promote it.”

Record labels also petitioned the Supreme Court because they want the original $1 billion verdict reinstated. Digital rights groups such as the Electronic Frontier Foundation (EFF) have backed Cox, saying that forcing ISPs to terminate subscribers accused of piracy “would result in innocent and vulnerable users losing essential Internet access.”

Photo of Jon Brodkin

Jon is a Senior IT Reporter for Ars Technica. He covers the telecom industry, Federal Communications Commission rulemakings, broadband consumer affairs, court cases, and government regulation of the tech industry.

5th Circuit rules ISP should have terminated Internet users accused of piracy Read More »

in-a-rare-disclosure,-the-pentagon-provides-an-update-on-the-x-37b-spaceplane

In a rare disclosure, the Pentagon provides an update on the X-37B spaceplane

“When it’s close to the Earth, it’s close enough to the atmosphere to turn where it is,” she said. “Which means our adversaries don’t know—and that happens on the far side of the Earth from our adversaries—where it’s going to come up next. And we know that that drives them nuts. And I’m really glad about that.”

Breaking the silence

The Pentagon rarely releases an update on the X-37B spaceplane in the middle of a mission. During previous flights, military officials typically provided some basic information about the mission before its launch, then went silent until the X-37B returned for landing. The military keeps specifics about the spaceplane’s activities in orbit a secret.

This made the Space Force’s announcement Thursday somewhat of a surprise. When the seventh flight of the X-37B launched, there were indications that the spacecraft would soar into a much higher orbit than it did on any of its six prior missions.

In February, a sleuthing satellite tracking hobbyist spotted the X-37B in orbit by observing sunlight reflected off of the spacecraft as it flew thousands of miles above Earth. Follow-up detections confirmed the discovery, allowing amateur observers to estimate that the X-37B was flying in a highly elliptical orbit ranging between roughly 300 and 38,600 miles in altitude (186-by-23,985 miles). The orbit was inclined 59.1 degrees to the equator.

On its previous missions, the X-37B was confined to low-Earth orbit a few hundred miles above the planet. When it became apparent that the latest mission was cruising at a significantly higher altitude, analysts and space enthusiasts speculated on what the secret spaceplane was doing and how it would come back to Earth. A direct reentry into the atmosphere from the spaceplane’s elliptical orbit would expose the craft’s heat shield to hotter temperatures than any of its previous returns.

Now, we have an answer to the latter question.

As for what it’s doing up there, the Space Force said the spaceplane on this mission has “conducted radiation effect experiments and has been testing space domain awareness technologies in a highly elliptical orbit.” The orbit brings the X-37B through the Van Allen radiation belts and crosses several orbital regimes populated by US and foreign communications, navigation, and surveillance satellites.

Military officials have said previous X-37B flights have tested a Hall-effect ion thruster and tested other experimental space technologies without elaborating on their details. X-37Bs have also secretly deployed small military satellites in orbit.

In a rare disclosure, the Pentagon provides an update on the X-37B spaceplane Read More »

trump-wants-cbs-license-revoked;-fcc-chair-explains-that-isn’t-going-to-happen

Trump wants CBS license revoked; FCC chair explains that isn’t going to happen

“The First Amendment and the Communications Act expressly prohibit the Commission from censoring broadcast matter,” the FCC website says. “Our role in overseeing program content is very limited. We license only individual broadcast stations. We do not license TV or radio networks (such as CBS, NBC, ABC or Fox) or other organizations that stations have relationships with, such as PBS or NPR, except if those entities are also station licensees.”

Trump’s call to punish CBS came about a month after he expressed anger at ABC News debate moderators by saying that ABC should have its license taken away. Rosenworcel criticized Trump in that instance as well.

Rerun from 2017

In October 2017, when Trump was president, he criticized NBC and wrote that “network news has become so partisan, distorted and fake that licenses must be challenged and, if appropriate, revoked.” Democrats on the FCC and in Congress immediately rebuked Trump.

Then-FCC Chairman Ajit Pai, a Republican who was Trump’s selection to chair the agency, weighed in six days later. Pai didn’t make any direct reference to Trump, but said, “I believe in the First Amendment. The FCC under my leadership will stand for the First Amendment. And under the law, the FCC does not have the authority to revoke a license of a broadcast station based on the content of a particular newscast.”

Earlier this week, Rosenworcel criticized a legal threat that Florida state government officials issued to broadcast TV stations over the airing of a political ad that criticized abortion restrictions in Florida’s Heartbeat Protection Act.

“The right of broadcasters to speak freely is rooted in the First Amendment,” Rosenworcel said. “Threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech.”

Trump wants CBS license revoked; FCC chair explains that isn’t going to happen Read More »

alleged-switch-modder-takes-on-nintendo’s-legal-might-without-a-lawyer

Alleged Switch modder takes on Nintendo’s legal might without a lawyer

When faced with a legal threat from Nintendo, most alleged modders, ROM pirates, and/or emulator makers will simply give in to a cease-and-desist demand, reach an out of court settlement, or plead guilty rather than hiring legal representation for what could be a lengthy, costly trial. Then there’s Ryan Daly, alleged owner of ModdedHardware.com, who has apparently decided to represent himself as a recent lawsuit brought against him by the Switch maker moves forward.

Nintendo says it first approached Daly in March about his site (currently password-protected but archived here) and its sales of modded Switch consoles, console modding services, and piracy-enabling devices such as the MIG Switch card that were pre-installed with popular Nintendo games. At that time, Daly agreed “both verbally and in signed writing” to refrain from these infringing sales, according to Nintendo. It was only after months of Daly continuing those sales and largely ignoring further contact from Nintendo that the company says it was forced to file its June lawsuit in a Seattle federal court.

In that initial lawsuit, Nintendo said it “received a communication from a lawyer purporting to represent [Daly]” in June, followed by a message days later that Daly “was in the process of obtaining new counsel.” That search for new counsel has seemingly not moved forward, as last week Daly filed a pro se response to Nintendo’s allegations, representing himself without any outside legal advice (thanks, TorrentFreak).

Alleged Switch modder takes on Nintendo’s legal might without a lawyer Read More »

winamp-really-whips-open-source-coders-into-frenzy-with-its-source-release

Winamp really whips open source coders into frenzy with its source release

As people in the many, many busy GitHub issue threads are suggesting, coding has come a long way since the heyday of the Windows-98-era Winamp player, and Winamp seems to have rushed its code onto a platform it does not really understand.

Winamp flourished around the same time as illegal MP3 networks such as Napster, Limewire, and Kazaa, providing a more capable means of organizing and playing deeply compressed music with incorrect metadata. After a web shutdown in 2013 that seemed inevitable in hindsight, Winamp’s assets were purchased by a company named Radionomy in 2014, and a new version was due out in 2019, one that aimed to combine local music libraries with web streaming of podcasts and radio.

Winamp did get that big update in 2022, though the app was “still in many ways an ancient app,” Ars’ Andrew Cunningham wrote then. There was support for music NFTs added at the end of 2022.

In its press release for the code availability, the Brussels-based Llama Group SA, with roughly 100 employees, says that “Tens of millions of users still use Winamp for Windows every month.” It plans to release “two major official versions per year with new features,” as well as offering Winamp for Creators, intended for artists or labels to manage their music, licensing, distribution, and monetization on various platforms.

Winamp really whips open source coders into frenzy with its source release Read More »

reports:-china-hacked-verizon-and-at&t,-may-have-accessed-us-wiretap-systems

Reports: China hacked Verizon and AT&T, may have accessed US wiretap systems

Chinese government hackers penetrated the networks of several large US-based Internet service providers and may have gained access to systems used for court-authorized wiretaps of communications networks, The Wall Street Journal reported Saturday. “People familiar with the matter” told the WSJ that hackers breached the networks of companies including Verizon, AT&T, and Lumen (also known as CenturyLink).

“A cyberattack tied to the Chinese government penetrated the networks of a swath of US broadband providers, potentially accessing information from systems the federal government uses for court-authorized network wiretapping requests,” the WSJ wrote. “For months or longer, the hackers might have held access to network infrastructure used to cooperate with lawful US requests for communications data, according to people familiar with the matter.”

These “attackers also had access to other tranches of more generic Internet traffic,” according to the WSJ’s sources. The attack is being attributed to a Chinese hacking group called Salt Typhoon.

The Washington Post reported on the hacking campaign yesterday, describing it as “an audacious espionage operation likely aimed in part at discovering the Chinese targets of American surveillance.” The Post report attributed the information to US government officials and said an investigation by the FBI, other intelligence agencies, and the Department of Homeland Security “is in its early stages.”

The Post report said there are indications that China’s Ministry of State Security is involved in the attacks.

Verizon reportedly working with FBI

Verizon reportedly set up a war room at its facility in Ashburn, Virginia, where it is working with personnel from the FBI, Microsoft, and Google subsidiary Mandiant.

Reports: China hacked Verizon and AT&T, may have accessed US wiretap systems Read More »

scotus-denial-ends-saga-of-shkreli’s-infamous-5,000%-drug-price-scheme

SCOTUS denial ends saga of Shkreli’s infamous 5,000% drug price scheme

The legal saga over Martin Shkreli’s infamous 5,000 percent price hike of a life-saving anti-parasitic drug has ended with a flat denial from the highest court in the land.

On Monday, the Supreme Court rejected Shkreli’s petition to appeal an order to return $64.6 million in profits from the pricing scheme of Daraprim, a decades-old drug used to treat toxoplasmosis. The condition is caused by a single-celled parasite that can be deadly for newborns and people with compromised immune systems, such as people who have HIV, cancer, or an organ transplant.

Federal prosecutors successfully argued in courts that Shkreli orchestrated an illegal anticompetitive scheme that allowed him to dramatically raise the price of Daraprim overnight. When Shkreli and his pharmaceutical company, Vyera (formerly Turing), bought the rights to the drug in 2015, the price of a single pill jumped to $750 after being priced between $13.50 and $17.50 earlier that year. And Shkreli quickly came to epitomize callous greed in the pharmaceutical industry.

In a lawsuit filed in 2021, the Federal Trade Commission and seven state attorneys general accused Shkreli of building a “web of anticompetitive restrictions to box out the competition.” In January of 2022, US District Court Judge Denise Cote agreed, finding that Shkreli’s conduct was “egregious, deliberate, repetitive, long-running, and ultimately dangerous.”

SCOTUS denial ends saga of Shkreli’s infamous 5,000% drug price scheme Read More »