Tag Archives: Business

Apple wins $250 in Masimo smartwatch patent case

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The legal battle between Apple and medical technology company Masimo rages on, with the bigger company — sorta, kinda — winning their latest face off. A federal jury has agreed with Apple that previous versions of Masimo's W1 and Freedom (pictured above) watches infringed on its design patents, according to Reuters. It only awarded Apple $250 in damages, which is the smallest amount that could be awarded for patent infringement, but the company's lawyers reportedly told the court that it wasn't after money anyway. 

What Apple, which is worth $3.5 trillion, wanted was an injunction on the sales of Masimo's current smartwatch models. However, the jury determined that those newer models don't violate Apple's intellectual property. That is why Masimo is also treating the jury's decision as a win, telling the news organization that it's thankful for the verdict that's "in favor of Masimo and against Apple on nearly all issues." Apparently, the ruling only affects a "discontinued module and charger." As for Apple, it told Reuters that it was "glad the jury's decision today will protect the innovations [it advances] on behalf of [its] customers."

Masimo sued Apple in 2021, accusing it of infringing on several of its light-based blood-oxygen monitoring patents, while the tech giant countersued a year later. A court sided with Masimo in 2023, forcing Apple to pause sales on its latest smartwatch models, as the US International Trade Commission blocked all Watch Series 9 and Ultra 2 imports into the country. The company appealed and was ultimately able to sell its watches in the country earlier this year by removing the technology from the units offered in the US. 

This article originally appeared on Engadget at https://www.engadget.com/big-tech/apple-wins-250-in-masimo-smartwatch-patent-case-150020340.html?src=rss

Cash App users can claim thousands of dollars in a data breach settlement

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Heads up if you’ve had a Cash App account over the last six years or so: you may now be able to claim thousands of dollars as a result of a class-action settlement. The company proposed the $15 million settlement earlier this year following two security incidents. If you're eligible to make a claim, you only have a few weeks to do so.

The first related breach took place in December 2021 when, according to Cash App, a former employee downloaded reports containing information on more than 8 million users. This included their full names, brokerage account numbers and, in some cases, the holdings and value of investment portfolios. Cash App disclosed the incident in April 2022.

The consolidated class-action complaint alleged that Cash App and parent company Block failed to enact sufficient security measures to prevent another data breach. This involved Cash App’s person-to-person payment services. According to the plaintiffs, “an unauthorized user accessed certain Cash App accounts in 2023 using recycled phone numbers." The complaint contended that Cash App and Block mishandled complaints related to both breaches and fraudulent transactions.

Cash App and Block have denied any wrongdoing, The New York Times reports. They say the settlement is not an admission of liability.

You may be eligible to make a claim if you had a Cash App account between August 23, 2018 and August 20 of this year. The settlement will cover up to $2,500 of out-of-pocket costs stemming from the breaches, as well as up to three hours worth of lost time at $25 per hour. Those who have sustained a monetary loss and haven’t yet been reimbursed can file a claim for that too.

If you plan to file a claim through the settlement website, you’ll need to do so by 2AM ET on November 19. A final court hearing in the case is set for December 16.

This article originally appeared on Engadget at https://www.engadget.com/big-tech/cash-app-users-can-claim-thousands-of-dollars-in-a-data-breach-settlement-194520756.html?src=rss

Cash App users can claim thousands of dollars in a data breach settlement

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Heads up if you’ve had a Cash App account over the last six years or so: you may now be able to claim thousands of dollars as a result of a class-action settlement. The company proposed the $15 million settlement earlier this year following two security incidents. If you're eligible to make a claim, you only have a few weeks to do so.

The first related breach took place in December 2021 when, according to Cash App, a former employee downloaded reports containing information on more than 8 million users. This included their full names, brokerage account numbers and, in some cases, the holdings and value of investment portfolios. Cash App disclosed the incident in April 2022.

The consolidated class-action complaint alleged that Cash App and parent company Block failed to enact sufficient security measures to prevent another data breach. This involved Cash App’s person-to-person payment services. According to the plaintiffs, “an unauthorized user accessed certain Cash App accounts in 2023 using recycled phone numbers." The complaint contended that Cash App and Block mishandled complaints related to both breaches and fraudulent transactions.

Cash App and Block have denied any wrongdoing, The New York Times reports. They say the settlement is not an admission of liability.

You may be eligible to make a claim if you had a Cash App account between August 23, 2018 and August 20 of this year. The settlement will cover up to $2,500 of out-of-pocket costs stemming from the breaches, as well as up to three hours worth of lost time at $25 per hour. Those who have sustained a monetary loss and haven’t yet been reimbursed can file a claim for that too.

If you plan to file a claim through the settlement website, you’ll need to do so by 2AM ET on November 19. A final court hearing in the case is set for December 16.

This article originally appeared on Engadget at https://www.engadget.com/big-tech/cash-app-users-can-claim-thousands-of-dollars-in-a-data-breach-settlement-194520756.html?src=rss

McDonald’s restaurants can finally repair their own McFlurry machines

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There are days where it feels like nothing will ever change and the best thing you can do is just learn to tolerate mediocrity. Today is not one of those days. Public Knowledge announced that the US Copyright Office granted an exemption request from the non-profit public interest group and the DIY repair site iFixit to allow McDonald’s franchise owners to hire a third-party to repair their McFlurry and soft service ice cream machines.

Franchise owners legally couldn’t hire any outside business to work on the machine because of the Digital Millennium Copyright Act (DMCA). McDonald’s soft serve ice cream machines have a digital lock and Section 1201 of the DMCA makes it illegal for anyone to bypass the lock on a copyrighted work even if no copyright infringement occurs. Only the original manufacturer of the machine can repair a copyrighted device with a digital lock. The recent exemption overrules the digital lock law.

If you’ve ever pulled up to a McDonald’s drive-thru window and couldn’t get an ice cream treat like a McFlurry, it probably wasn’t an anomaly. Franchises had to wait on the McDonald’s corporation to send an approved repair person to fix the machines. The problem caught the attention of the Federal Trade Commission in 2021 under a directive by President Joe Biden to draft new regulations to allow consumers to legally repair their own devices and hire third-parties to fix them. The FTC contacted McDonald’s franchise owners to learn more about the ice cream machines and the difficulties in repairing them.

iFixit did a teardown of a McDonald’s ice cream dispenser last year and found it had “lots of easily replaceable parts” but they couldn’t be fixed without earning the wrath of federal copyright laws. The teardown prompted the companyto work with Public Knowledge to obtain a copyright exemption to repair them. The repair website also compiled a video explaining the machine’s innerworkings in more detail.

This article originally appeared on Engadget at https://www.engadget.com/big-tech/mcdonalds-restaurants-can-finally-repair-their-own-mcflurry-machines-183006996.html?src=rss

McDonald’s restaurants can finally repair their own McFlurry machines

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There are days where it feels like nothing will ever change and the best thing you can do is just learn to tolerate mediocrity. Today is not one of those days. Public Knowledge announced that the US Copyright Office granted an exemption request from the non-profit public interest group and the DIY repair site iFixit to allow McDonald’s franchise owners to hire a third-party to repair their McFlurry and soft service ice cream machines.

Franchise owners legally couldn’t hire any outside business to work on the machine because of the Digital Millennium Copyright Act (DMCA). McDonald’s soft serve ice cream machines have a digital lock and Section 1201 of the DMCA makes it illegal for anyone to bypass the lock on a copyrighted work even if no copyright infringement occurs. Only the original manufacturer of the machine can repair a copyrighted device with a digital lock. The recent exemption overrules the digital lock law.

If you’ve ever pulled up to a McDonald’s drive-thru window and couldn’t get an ice cream treat like a McFlurry, it probably wasn’t an anomaly. Franchises had to wait on the McDonald’s corporation to send an approved repair person to fix the machines. The problem caught the attention of the Federal Trade Commission in 2021 under a directive by President Joe Biden to draft new regulations to allow consumers to legally repair their own devices and hire third-parties to fix them. The FTC contacted McDonald’s franchise owners to learn more about the ice cream machines and the difficulties in repairing them.

iFixit did a teardown of a McDonald’s ice cream dispenser last year and found it had “lots of easily replaceable parts” but they couldn’t be fixed without earning the wrath of federal copyright laws. The teardown prompted the companyto work with Public Knowledge to obtain a copyright exemption to repair them. The repair website also compiled a video explaining the machine’s innerworkings in more detail.

This article originally appeared on Engadget at https://www.engadget.com/big-tech/mcdonalds-restaurants-can-finally-repair-their-own-mcflurry-machines-183006996.html?src=rss

Of course telecom companies are suing the FTC to block the new ‘click-to-cancel’ rule

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An industry group representing telecom providers like Comcast and Charter has sued the FTC to block the recently-ratified “click-to-cancel” rule, as reported by Reuters. The NCTA, formerly known as the National Cable and Telecommunications Association, filed the suit with the 5th U.S. Circuit Court of Appeals in New Orleans on the grounds that the rule oversteps the FTC’s authority.

The Interactive Advertising Bureau, which represents the online advertising industry, and the Electronic Security Association, which represents the home security industry, are also involved in the lawsuit. The groups call the FTC ruling “arbitrary, capricious, and an abuse of discretion.” There’s also language in the suit that suggests that jumping through annoying hoops to cancel a subscription is actually helpful to consumers, according to USA Today. So this little mom and pop trade organization is just looking out for us, the little guy. I’m practically glowing with appreciation.

For news junkies, the lawsuit’s venue may have raised some eyebrows. The 5th U.S. Circuit Court of Appeals in New Orleans is widely considered to be the nation’s most right-leaning appeals court, so it’s where giant corporations and political entities like to drop suits like this.

Judges from this court temporarily banned the White House, FBI and the Surgeon General from urging social media companies to take down posts filled with misinformation. The court also invalidated a ban on bump stocks, limited access to the abortion pill mifepristone and made it difficult to fund the Consumer Financial Protection Bureau (CFPB.)

Several of these decisions were reversed by the Supreme Court, so the 5th Circuit is actually markedly more conservative than even SCOTUS. To that end, 12 of the 17 judges on the court were appointed by Republican presidents, with six being appointed by former President Trump. The NCTA and its industry partners have been accused by consumer advocacy groups of “venue shopping” by selecting a federal appeals court that would likely look favorably on the suit.

“The big businesses that deploy deceptive subscription models to trap customers are trying to sue their way out of this regulation to lower costs for millions of consumers,” Liz Zelnick, director for the watchdog group Accountable.US said in a statement published by USA Today. “We’ve seen this movie before, with big industry players venue shopping in a corporate-friendly jurisdiction regardless of the impact on Americans.”

The FTC ratified the “click-to-cancel” rule on October 16 in a vote that went down along party lines. Simply put, this ruling requires providers to make it as easy to cancel a subscription as it is to sign up for one. It prohibits companies from misrepresenting their recurring services and memberships.

“Too often, businesses make people jump through endless hoops just to cancel a subscription,” said Chair Lina Khan. “The FTC’s rule will end these tricks and traps, saving Americans time and money. Nobody should be stuck paying for a service they no longer want.”

This article originally appeared on Engadget at https://www.engadget.com/big-tech/of-course-telecom-companies-are-suing-the-ftc-to-block-the-new-click-to-cancel-rule-153728158.html?src=rss

EU fines LinkedIn $334 million for violating the GDPR

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LinkedIn is facing a €310 million ($334 million) fine in the EU after the Irish Data Protection Commission (DPC) determined it had improperly conducted behavioral analyses of its members' personal data for targeted advertising. This decision argues that LinkedIn violated the GDPR by not obtaining proper consent, demonstrating legitimate interest or showing a contractual necessity to process the data it and third-parties collected. 

The DPC also reprimanded LinkedIn and handed down an order for it to collect all data in a compliant manner. "The lawfulness of processing is a fundamental aspect of data protection law and the processing of personal data without an appropriate legal basis is a clear and serious violation of a data subjects’ fundamental right to data protection," DPC Deputy Commissioner Graham Doyle stated. 

The decision stems from a 2018 complaint by the French non-profit organisation, La Quadrature Du Net, and an initial inquiry examining whether LinkedIn processed the personal data of its users lawfully, fairly and transparently. The matter was originally raised with the French Data Protection Authority and then transferred to the DPC as LinkedIn's European base is Ireland. 

A LinkedIn spokesperson shared a statement with Engadget in response to the decision: "Today the Irish Data Protection Commission (IDPC) reached a final decision on claims from 2018 about some of our digital advertising efforts in the EU. While we believe we have been in compliance with the General Data Protection Regulation (GDPR), we are working to ensure our ad practices meet this decision by the IDPC's deadline."

Update, October 24 2024, 9:12AM ET: This article has been updated to include a statement from LinkedIn. 

This article originally appeared on Engadget at https://www.engadget.com/big-tech/eu-fines-linkedin-334-million-for-violating-the-gdpr-123053773.html?src=rss

Apple, Goldman Sachs fined $89 million for misleading Apple Card customers

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The Apple Card has landed Apple and Goldman Sachs in hot water. In a press release spotted by The Verge, the Consumer Financial Protection Bureau (CFPB) said it was fining the two companies a combined $89 million over practices involving the Apple Card.

The CFPB says Apple failed to send “tens of thousands” of disputed card transactions to Goldman Sachs. When it finally sent the transactions to the investment bank, Goldman Sachs failed to follow “numerous federal requirements for investigating the disputes,” according to the CFPB’s announcement.

Apple and Goldman are also accused of misleading customers about the Apple Card. Some consumers believed they could make interest-free payments to purchase an Apple device with the credit card but interest charges still showed up on their bill “because they were not automatically enrolled as expected.”

Apple is also accused of keeping its interest-free payment option off of its website if the customer wasn’t using a Safari browser. The CFPB also says Goldman Sachs misled customers about the application of some refunds that racked up additional interest charges.

The CFPB has ordered Goldman Sachs to pay at least $19.8 million in redress funds and a $45 million civil money penalty. The company is also required to present a “credible plan” to comply with laws before launching any new credit card product. Apple also received a $25 million civil money penalty that will go to the CFPB’s victims relief fund.

Apple and Goldman Sachs introduced the Apple Card in 2019, advertising it as a product that could “help customers lead a healthier financial life.”. Four years later, a report from the Wall Street Journal said that Goldman Sachs was starting to have doubts about the consumer lending industry and thought the venture may have been a mistake.

This article originally appeared on Engadget at https://www.engadget.com/big-tech/apple-goldman-sachs-fined-89-million-for-misleading-apple-card-customers-192538650.html?src=rss

A federal ban on fake online reviews is now in effect

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Be warned, online merchants who see no issue in publishing phony reviews from made-up customers: that practice is no longer allowed. A federal ban on fake online reviews has taken effect.

The Federal Trade Commission issued a final rule on the purchase and sale of online reviews back in August and it came into force 60 days after it was published in the Federal Register. The agency's commissioners voted unanimously in favor of the regulation.

The rule bans businesses from creating, buying or selling reviews and testimonials attributed to people who don't exist, including those that are AI generated. False celebrity endorsements aren't allowed and companies can't pay or otherwise incentivize genuine customers to leave positive or negative reviews.

Certain reviews and testimonials written by people who have close ties with a company without a disclaimer is a no-no. There are restrictions on soliciting reviews from close relatives of employees too.

The rule includes limitations on the suppression of negative reviews from customers. It also prohibits people from knowingly selling or buying fake followers and views to inflate the influence or importance of social media accounts for commercial purposes.

Fines for violating these measures could prove extremely costly. The maximum civil penalty for each infraction is currently $51,744.

“Fake reviews not only waste people’s time and money, but also pollute the marketplace and divert business away from honest competitors,” FTC Chair Lina Khan said when the rule was finalized. “By strengthening the FTC’s toolkit to fight deceptive advertising, the final rule will protect Americans from getting cheated, put businesses that unlawfully game the system on notice, and promote markets that are fair, honest and competitive.”

The rule is a positive move for consumers, with the idea that reviews should be more trustworthy in the future. In a separate victory for consumer rights, the FTC recently issued a final rule to make it as easy for people to cancel a subscription as it is to sign up for one.

This article originally appeared on Engadget at https://www.engadget.com/big-tech/a-federal-ban-on-fake-online-reviews-is-now-in-effect-191746690.html?src=rss

More than 10,500 artists sign open letter protesting unlicensed AI training

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Some of the biggest names in Hollywood, literature and music have issued a warning to the artificial intelligence industry. The Washington Post reports that more than 10,500 artists have signed an open protest letter objecting to AI developers’ “unlicensed use” of artists’ work to train their models.

“The unlicensed use of creative works for training generative AI is a major, unjust threat to the livelihoods of the people behind those works, and must not be permitted,” the one sentence letter reads.

The letter has support from some huge names across the film, television, music and publishing industries. Some of the more famous signatures include actors Julianne Moore, Rosario Dawson, Kevin Bacon and F. Murray Abraham, as well as former Saturday Night Live star Kate McKinnon, author James Patterson and Radiohead frontman Thom Yorke.

The unauthorized use of their work to train AI models has been an area of major concern among creatives. The SAG-AFTRA union and Writers Guild of America recently held industry-wide strikes demanding better protections for their work and livelihood against the use of AI in studio projects.

There are also several lawsuits currently in courts accusing some AI developers of using copyrighted content without permission or proper compensation.On Monday, The Wall Street Journal and The New York Post sued Perplexity AI for violating their copyright protections. Music labels like Universal, Warner and Sony sued the makers of the Suno and Uido AI music makers back in June for violating its copyright protections on a “massive scale.”

This article originally appeared on Engadget at https://www.engadget.com/ai/more-than-10500-artists-sign-open-letter-protesting-unlicensed-ai-training-174544491.html?src=rss