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Bitcoin

Is Lending Your Bitcoins a Security? (bloomberg.com) 61

Matt Levine, writing at Bloomberg: Oh, sure, yes, absolutely. The rule in the U.S. is that an "investment contract," meaning "the investment of money in a common enterprise with a reasonable expectation of profits to be derived from the efforts of others," is a security, and generally can't be sold to the public without registering it with the Securities and Exchange Commission, delivering a prospectus with audited financial statements, etc. A Bitcoin lending program -- in which (1) a bunch of people pool their Bitcoins, (2) some manager or smart contract lends those Bitcoins to borrowers who pay interest, and (3) some or all of the interest is paid back to the people in the pool -- is pretty straightforwardly an investment contract and thus a security.

I have been saying this for months, though that's only because the SEC has also been saying it for months. But I admit that the SEC hasn't been saying it in a particularly clear way. There's not an SEC press release saying "FYI crypto lending programs are obviously securities." And I gather that there are a lot of crypto lending programs -- they're a staple feature of decentralized finance platforms -- and roughly none of them are registered with the SEC. The SEC and state regulators have brought enforcement actions against a few of them -- we've talked about BitConnect and BlockFi and Blockchain Credit Partners -- but I suppose each of those is distinctive in its own way, and there are about a zillion others that haven't been sued by the SEC. So you could reasonably look around and be like "oh sure we can pool people's Bitcoins and lend them and pass along the interest, that's not a security that should involve the SEC." You'd be wrong, but I get where you're coming from.

[...] Look, I get it. From the perspective of Coinbase, and of its customers, and frankly of most normal people interested in crypto:

People would like to lend their Bitcoins.
It doesn't feel like a security.
It's kind of annoying and archaic that a 1946 Supreme Court case says that it is?

But look at it from the SEC's perspective:

The SEC really doesn't like crypto.
The SEC is a regulatory agency that has a general tendency to want to do more regulating.
Popular tokens like Bitcoin and Ether are not securities and so not subject to SEC regulation, which leaves the SEC feeling antsy.
But crypto lending programs are pretty clearly securities subject to SEC regulation.
So for the SEC to say "crypto lending programs are securities and need to be regulated" serves the dual purposes of (1) expanding SEC jurisdiction over crypto and (2) stopping those programs.
Also it's pretty clearly justified by a 1946 Supreme Court case.

United States

SEC Threatens To Sue Coinbase Over Crypto Lending Programme (reuters.com) 30

The U.S. Securities and Exchange Commission (SEC) has threatened to sue Coinbase if the crypto exchange goes ahead with plans to launch a programme allowing users to earn interest by lending crypto assets, Coinbase said on Wednesday. From a report: The SEC has issued Coinbase with a Wells notice, an official way it tells a company that it intends to sue the company in court, Paul Grewal, the company's chief legal officer said in a blog post. He said Coinbase would delay the launch of its 'Lend' product until at least October as a result. Programmes that allow owners of cryptocurrencies to lend these in return for interest are becoming more common around the world, but some regulators, particularly in the United States have started to raise concerns, arguing that such products should comply with existing securities laws.
Bitcoin

Salvador Street Protest Breaks Out Against Bitcoin Adoption (reuters.com) 75

More than 1,000 people marched in El Salvador's capital on Tuesday to protest the adoption of bitcoin as legal tender, amid a bumpy initial rollout of systems to support the digital currency. Reuters reports: The protesters burned a tire and set off fireworks in front of the Supreme Court building around noon local time, as the government deployed heavily militarized police to the site of the protest. "This is a currency that's not going to work for pupusa vendors, bus drivers or shopkeepers," said a San Salvador resident who opposed the adoption of the cryptocurrency. Pupusas are a traditional Salvadoran corn-based food. "This is a currency that's ideal for big investors who want to speculate with their economic resources."

The protest came as El Salvador's government was rushing to iron out technological snags in bitcoin's first-day rollout. Earlier on Tuesday, Salvadorans trying to download the Chivo digital wallet found it was unavailable on popular app stores. Then Bukele tweeted that the government had temporarily unplugged it, in order to connect more servers to deal with demand. A group of people in Chivo tee-shirts at a stall to train people interested in using the app milled around waiting for it to be reconnected. It later appeared on Apple and Huawei's stores, and Bukele used Twitter to ask users to let him know how it was working.
El Salvador voted to adopt bitcoin as legal tender in June. Yesterday, one day before the Bitcoin Law was put in effect, the country bought roughly $20.9 million worth of bitcoin, sending the price of the currency above $52,000 for the first time since May.
Privacy

Lawsuits Accuse Siri, Alexa, and Google of Listening When They're Not Supposed To (yahoo.com) 99

"Tech companies have long encouraged putting listening devices in homes and pockets..." reports the Washington Post. "But some are growing concerned that these devices are recording even when they're not supposed to — and they're taking their fears to the courts." (Alternate URLs here and here.) On Thursday, a judge ruled that Apple will have to continue fighting a lawsuit brought by users in federal court in California, alleging that the company's voice assistant Siri has improperly recorded private conversations... [H]e ruled that the plaintiffs, who are trying to make the suit a class action case, could continue pursuing claims that Siri turned on unprompted and recorded conversations that it shouldn't have and passed the data along to third parties, therefore violating user privacy. The case is one of several that have been brought against Apple, Google and Amazon that involve allegations of violation of privacy by voice assistants...

The voice assistants are supposed to turn on when prompted — saying "Hey, Siri," for example — but the lawsuit alleges that plaintiffs saw their devices activate even when they didn't call out the wake word. That conversation was recorded without their consent and the information was then used to target advertisements toward them and sent on to third-party contractors to review, they allege... The lawsuits ask the companies to contend with what they do once they hear something they weren't intended to. Nicole Ozer, the technology and civil liberties director of the ACLU of California, said the suits are a sign that people are realizing how much information the voice technology is collecting.

"I think this lawsuit is part of people finally starting to realize that Siri doesn't work for us, it works for Apple," she said.

An Amazon spokesperson told the Post only a "small fraction" of audio is manually reviewed, and users can opt-out of those reviews or manage their recordings. Apple told the Post that isn't selling its Siri recordings, and that its recordings are not associated with an "identifiable individual." And Google pointed out that they don't retain audio recordings by default "and make it easy to manage your privacy preferences."

But there's still concerns. "A Washington Post investigation in 2019 found that Amazon kept a copy of everything Alexa records after it thinks it hears its name — even if users didn't realize," the Post adds. In a 2019 video, Post reporter Geoffrey A. Fowler even spliced together all of Amazon's recordings of his voice, into a spoken-word anthem titled "Your voice now belongs to Amazon. "Eavesdropping is an invasion," Fowler argues in the video, adding that Amazon "is putting its profits over our privacy. It's also a sign of a bold data grab that's going on in our increasingly connected homes."
The Courts

GitHub Files Court Brief Criticizing 'Vague Infringement Allegations' (github.blog) 24

"One project going dark — due to a DMCA takedown or otherwise — can impact thousands of developers," GitHub warns in a blog post this week: We saw that firsthand with both leftpad and mimemagic. That's why GitHub's designed its DMCA process to follow the law in requiring takedown requests to identify specific content. We want developers on our platform and elsewhere to have a clear opportunity to remove infringing code yet keep non-infringing code up for others to use, modify, and learn from.

Ensuring that software copyright allegations are specific and actionable benefits the entire developer ecosystem. That's why GitHub submitted a "friend of the court" brief in the SAS Institute, Inc. v. World Programming Ltd. case before a Federal Court of Appeals.

This case is the most recent in a ten-year litigation spanning both the UK and the US. SAS Institute has brought copyright and non-copyright claims against World Programming's software that runs code written in the SAS language, and the copyright claims drew comparison to the recent Google v. Oracle Supreme Court case. But this case is different from Google v. Oracle because here the alleged copyright infringement is based on a claim of "nonliteral" infringement. That means there is no allegation that specific lines of code were literally copied, but only that other aspects, like the code's overall structure and organization, were used. In nonliteral infringement claims, the questions arise: what aspects of the "nonliteral" features were taken and are they actually protected by copyright...?

GitHub believes that for claims involving nonliteral copying of software, it is critical that a copyright owner provide — as early as possible — examples that would allow a developer, a court, or a software collaboration platform like GitHub to identify what was claimed to be copied. Our brief helps educate the court why specificity is especially important for developers.... We urged the court to think about efficiency in dispute resolution to avoid FUD (fear, uncertainty, and doubt). The sooner infringement allegations can be made specific and clear, the sooner infringing code can be changed and non-infringing code can stay up. That should be the result for both federal lawsuits, as well as DMCA infringement notices.

AI

Only Humans, Not AI Machines, Can Get a US Patent, Judge Rules (bloomberg.com) 48

A computer using artificial intelligence can't be listed as an inventor on patents because only a human can be an inventor under U.S. law, a federal judge ruled in the first American decision that's part of a global debate over how to handle computer-created innovation. From a report: Federal law requires that an "individual" take an oath that he or she is the inventor on a patent application, and both the dictionary and legal definition of an individual is a natural person, ruled U.S. District Judge Leonie Brinkema in Alexandria, Virginia. The Artificial Inventor Project, run by University of Surrey Law Professor Ryan Abbott, has launched a global effort to get a computer listed as an inventor. Abbott's team enlisted Imagination Engines founder Stephen Thaler to build a machine whose main purpose was to invent. Rulings in South Africa and Australia have favored his argument, though the Australian patent office is appealing the decision in that country. "We respectfully disagree with the judgment and plan to appeal it," Abbott said in an email. "We believe listing an AI as an inventor is consistent with both the language and purpose of the Patent Act. Brinkema cited cases in which the U.S. Court of Appeals for the Federal Circuit, the nation's top patent court, rejected the idea of a corporation being an inventor.
Television

TV Streaming Service Locast Suspends Service After Court Ruling (theverge.com) 75

Locast has announced that it is suspending its TV streaming service starting today, following a court ruling earlier this week in a lawsuit from ABC, CBS, Fox, and NBC, which jointly sued the nonprofit service shortly after it launched. From a report: "As a non-profit, Locast was designed from the very beginning to operate in accordance with the strict letter of the law, but in response to the court's recent rulings, with which we respectfully disagree, we are hereby suspending operations, effective immediately," an email to Locast users sent out this morning reads. Locast was launched in 2019 as an internet-based alternative to over-the-air television, rebroadcasting local, free over-the-air signals over the internet to users in those areas. Unlike Aereo, a similar service that was shut down after a lawsuit ruled it was violating copyright by rebroadcasting over-the-air networks online, Locast relied on a loophole, using its status as a nonprofit to retransmit broadcasts. Further reading: Locast, a Free App Streaming Network TV, Would Love to Get Sued (2019).
EU

Top EU Court Plunges Dagger Into Controversial 'Zero Rating' Practice (fortune.com) 33

Europe's top court has struck what could be a mortal blow to the practice of zero rating -- where mobile operators exempt data associated with specific services, such as Spotify or Facebook, from counting towards users' overall data caps. From a report: In a Thursday ruling, the Court of Justice of the European Union ruled against the German providers Vodafone and Telekom, saying their "zero tariff" options broke the EU's net-neutrality law -- legislation designed to ensure that operators treat Internet traffic equally, without favoring certain online providers due to commercial considerations. This is not the first time the court has weighed in on the topic, but the ruling is its most definitive repudiation of the practice of zero rating.
Data Storage

Fired NY Credit Union Employee Nukes 21GB of Data In Revenge (bleepingcomputer.com) 123

Juliana Barile, the former employee of a New York credit union, pleaded guilty to accessing the financial institution's computer systems without authorization and destroying over 21 gigabytes of data in revenge after being fired. BleepingComputer reports: According to court documents, the defendant worked remotely as a part-time employee for the credit union until May 19, 2021, when she was fired. Even though a credit union employee asked the bank's information technology support firm to disable Barile's remote access credentials, that access was not removed. Two days later, on May 21, Barile logged on for roughly 40 minutes. The defendant deleted over 20,000 files and around 3,500 directories during that time, totaling roughly 21.3 gigabytes of data stored on the bank's share drive. The wiped included files related to customers' mortgage loan applications and the financial institution's anti-ransomware protection software.

Besides deleting documents with customer and company data, Barile also opened various confidential Word documents, including files containing board minutes for the credit union. Five days later, on May 26, she also told a friend via text messages how she was able to destroy thousands of documents on her former employer's servers, saying, "They didn't revoke my access so I deleted p drift lol. [..] I deleted their shared network documents." Although the New York credit union had backups of some of the data deleted by the defendant, it still had to spend more than $10,000 to restore the destroyed data following Barile's unauthorized intrusion.

Education

Judge Rules UC-Berkeley Must Freeze Its Enrollment To Assess Ecological Impact of Its Undergrads (slate.com) 88

schwit1 shares a report from Slate: Enrolling more students at one of America's best public universities might be bad for the environment. That's the conclusion of California Superior Court Judge Brad Seligman, who on Aug. 23 ordered the University of California-Berkeley to temporarily freeze the number of students it admits every year under the California Environmental Quality Act, putting crowded classrooms in the same category as heavy infrastructure like highways and airports. "Further increases in student enrollment above the current enrollment level at UC-Berkeley could result in an adverse change or alteration of the physical environment," the judge wrote (PDF).

How'd we get here? Under California law, universities are periodically required to prepare a long-term development plan that includes enrollment forecasts and an environmental impact study. In 2005, UCâ"Berkeley produced one projecting that its headcount would stabilize at about 33,500 students. Instead, the school ended up enrolling more than 42,000 by 2020, with plans to admit more still in the years to come. The university didn't think that welcoming more students to campus required it to perform a whole new environmental review. But a state appeals court in San Francisco disagreed in 2020, ruling (PDF) that increasing enrollment counted as a "project" that needed to be evaluated under the CEQA, just like building a stadium or dorm would be. In doing so, the judges sided with a local community group, Save Berkeley's Neighborhoods, which sued UC-Berkeley in 2019 and set the stage for last week's lower court decision officially hitting pause on the school's enrollment ambitions. California's flagship public university must now assess the ecological cost of its student body at once.

The Courts

Judge In Nokia and Apple Lawsuit Owned Apple Stock During Proceedings (appleinsider.com) 31

A federal judge was recently found to have owned Apple stock while presiding over a case brought against the tech giant by Nokia, though the discovery is unlikely to lead to further legal action. AppleInsider reports: Apple and Nokia were embroiled in a bitter patent dispute from 2009 to 2011, with both companies filing a series of legal complaints and regulatory challenges as competition in the smartphone market came to a head. The issue was ultimately settled in June 2011, and while terms of the agreement were kept confidential, Apple was expected to make amends with a one-time payment and ongoing royalties. According to a new court filing on Monday, a federal judge presiding over one of many scattershot legal volleys filed by Nokia owned stock in Apple when the suit was lodged in 2010. Judge William M. Conley of the U.S. District Court for the Western District of Wisconsin disclosed the potential conflict of interest in a letter to both parties dated Aug. 27.

"Judge Conley informed me that it has been brought to his attention that while he presided over the case he owned stock in Apple," writes Joel Turner, the court's chief deputy clerk. "His ownership of stock neither affected nor impacted his decisions in this case." It is unclear how many shares Judge Conley possessed during the case, but ownership of company stock in any capacity would have required his recusal under the Code of Conduct for United States Judges. An advisory from the Judicial Conference Codes of Conduct Committee explains that disqualifying factors should be reported "as soon as those facts are learned," even if the realization occurs after a judge issues a decision.

"The parties may then determine what relief they may seek and a court (without the disqualified judge) will decide the legal consequence, if any, arising from the participation of the disqualified judge in the entered decision," Advisory Opinion 71 reads, as relayed by Turner. Apple and Nokia are invited to respond to Conley's disclosure by Oct. 27 should they wish to seek redress, though the companies are unlikely to take action considering the case was not a lynchpin in Nokia's overarching strategy.

Biotech

Theranos Founder Elizabeth Holmes On Trial As Jury Selection Begins (arstechnica.com) 86

An anonymous reader quotes a report from Ars Technica, written by Tim De Chant: Nearly a decade ago, Theranos touted a revolutionary diagnostic device that could run myriad medical tests without having to draw blood through a needle. Today, the startup's founder, Elizabeth Holmes, goes to court, where she's facing 12 criminal counts for statements she made to investors and consumers about her company's technology. Holmes founded Theranos in 2003 after dropping out of Stanford University at the age of 19. Driven by her phobia of needles, Holmes wanted to create diagnostic tests that use blood from finger pricks rather than from needles. The idea caught on, attracting well-connected board members like Henry Kissinger and James Mattis, drawing over $400 million in investments from wealthy investors including Larry Ellison and Rupert Murdoch, and securing lucrative partnerships with Walgreens and Safeway. At its peak, Theranos was worth over $9 billion. But Theranos' myth started unwinding in 2015 when a Wall Street Journal investigation revealed that the company had been performing most of its tests on traditional blood diagnostic machines rather than its own "Einstein" device. The company's own employees doubted the machine's accuracy.

Holmes and [Ramesh "Sunny" Balwani, Theranos' president and chief operating officer] were indicted in June 2018, and soon Theranos was facing mounting civil and criminal investigations. The company settled a Securities and Exchange Commission probe and shut down shortly thereafter. The end of Theranos didn't halt the scrutiny of Holmes' and Balwani's behavior, though. Three rounds of indictments have brought the total to 10 counts of wire fraud and two counts of conspiracy to commit wire fraud. The latest indictment, which supersedes the previous two, was filed in June 2020. Both Holmes and Balwani have pleaded not guilty, and Balwani's trial will begin next year. The indictments aren't limited to claims about the company's proprietary diagnostic machine but also include what Holmes and Balwani allegedly said to investors about revenue and business deals. The prosecution says the pair told investors that Theranos would bring in over $100 million in revenue in 2014, helping the company break even, and hit $1 billion in 2015, amounts that exceeded the executives' actual expectations. Prosecutors also say that the pair falsely told investors that the company landed contracts with the Pentagon.

The road to trial has been filled with delays, first due to the COVID-19 pandemic and then again when Holmes became pregnant. Her child was born in July, around the time the trial was supposed to begin. If convicted, Holmes faces up to 20 years in prison. Today's proceedings kick off jury selection, in which prosecutors and defense attorneys will begin questioning over 100 potential jurors. [...] Opening statements are scheduled to begin on September 8, and the trial may run through mid-December. Holmes is expected to claim that Balwani, who was her boyfriend for much of Theranos' existence, was an abusive and controlling partner. A court filing released on Saturday revealed that Holmes is expected to take the stand during the trial and allege that he monitored her calls, texts, and emails and was physically violent, claims that Balwani denies. Her attorneys say these actions affected her "state of mind" when the alleged fraud took place.

Google

Google Play App Store Revenue Hit $11.2 Billion in 2019, Lawsuit Says (reuters.com) 9

Alphabet's Google generated $11.2 billion in revenue from its mobile app store in 2019, according to a court filing unsealed on Saturday, offering a clear view into the service's financial results for the first time. From a report: Attorneys general for Utah and 36 other U.S. states or districts suing Google over alleged antitrust violations with the app store also said in the newly unredacted filing that the business in 2019 had $8.5 billion in gross profit and $7 billion in operating income, for an operating margin of over 62%. The figures include sales of apps, in-app purchase and app store ads. Google told Reuters the data "are being used to mischaracterize our business in a meritless lawsuit."

The company and its accusers said in a separate filing on Saturday a trial in late 2022 is possible over whether Google abuses its alleged monopoly in app sales for Android devices. In its quarterly financial disclosures, Google groups Play app revenue with that of other services and accounts for the store's ad revenue as part of another broader category. Attorneys general, as well as mobile app developer Epic Games and others separately suing Google, have contended that it generates huge profits through the Play Store by taking 30% of the fee for every digital good sold inside an app. The plaintiffs say Google's cut is arbitrarily high, siphoning app developers' profits.

Government

Blue Origin's Stay of SpaceX's Moon Lander Contract Gets One-Week Extension Thanks to...PDF Files (mashable.com) 80

Earlier this month Jeff Bezos' Blue Origin sued NASA over a moon lander contract awarded to SpaceX.

Now Mashable reports that "America's next trip to the moon may suddenly be delayed a bit thanks to...PDFs?" A U.S. federal judge has granted the Department of Justice a week-long extension in its lawsuit with Jeff Bezos' space company Blue Origin. The reason? Large PDF files...

According to the DOJ, there is more than 7 GB of data related to the case. However, the U.S. Court of Federal Claims' online system allows for only files of up to 50 MB in size to be uploaded. This all amounts to "several hundred" PDFs, including other file formats that would be converted to PDFs. The DOJ says it also sought to convert multiple separate documents into individual PDF batches but explained that those larger files could cause the upload system to crash. "We have tried several different ways to create 50-megabyte files for more efficient filing, all without success thus far," the DOJ said.

Instead of using the online file system, the U.S. government will transfer the documents for the case to DVDs.

Futurism reports the situation was exacerbated "because the agency staff that could have fixed the issue were at the 36th Annual Space Symposium last week."

On Twitter, space reporter Joey Roullete notes the judge's ruling means an additional one-week stay before the awarding of SpaceX's contract..

Or, as Mashable puts it, "Space exploration is currently on hold thanks to a lawsuit and a slew of pesky PDF files."
The Courts

Elizabeth Holmes Might Accuse Ex-Boyfriend/Former Theranos Executive of Psychological Abuse (cnn.com) 116

Slashdot reader Charlotte Web quotes CNN: Elizabeth Holmes, the disgraced founder and former CEO of Theranos whose criminal trial is set to begin in a matter of days, is likely to defend herself by claiming she was the victim of a decade-long abusive relationship with her ex-boyfriend, also a former Theranos executive, court documents reveal.

According to the newly unsealed documents, Holmes plans to have an expert testify about the psychological, emotional and sexual abuse she experienced from Ramesh "Sunny" Balwani, who served as the company's COO, including the abusive tactics he allegedly used to "exert control" as well as the psychological impact. Balwani, according to a court filing, "adamantly denies" the claims. Holmes is also "likely to testify herself to the reasons why she believed, relied on, and deferred to Mr. Balwani," according to a filing from Holmes' attorney. In a separate filing from Balwani's attorneys, they acknowledge Holmes' plans to introduce evidence that Balwani verbally disparaged her, controlled what she ate, how she dressed, and who she interacted with, "essentially dominating her and erasing her capacity to make decisions." The filing calls the allegations "deeply offensive to Mr. Balwani" and "devastating personally to him...."

Balwani, a former software executive, joined Theranos in 2009, becoming Holmes' second-in-command. Nearly 20 years Holmes' senior, the pair had met in 2002 on a trip to Beijing through Stanford University's Mandarin program.

Balwani's case is slated to begin in 2022 after the completion of Holmes' trial.

Patents

Programmer Apologizes For Sending Letters Claiming Patent on Age-Old Web Standard (theregister.com) 56

"The director of a tiny UK company has apologised after sending letters to businesses suggesting they had infringed his patents that he claimed covered an age-old web standard," writes The Register.

LeeLynx shares their report: The tech in question is the content security policy (CSP) mechanism that websites use to protect their visitors from cross-site scripting (XSS) attacks and similar exploits that steal data and hijack accounts. Specifically, the cryptographic nonce [number-used-once] feature of CSP to stop unauthorized scripts from running. Datawing Ltd sent a number of letters to small businesses this month claiming to own one UK and one US patent on CSP and its use of a nonce.

After an initial wave of alarm and outrage on Twitter when the letters surfaced, The Register tracked down their author: a penitent William Coppock... "What a stupid plonker, all I've done," he sighed, adding that he has six children and has been diagnosed with cancer. Applying for the UK and US patents cost him his "life savings," he said, adding: "I didn't intend any harm to come to anyone. Maybe I've just got to sell or give this thing to Mozilla...."

[H]e denied to The Register that he was a patent troll. A law firm had checked over the letter and the "patent infringement outline" document before he sent them, he claimed. Coppock also apologised to all who received his letters and urged them to contact him if they had any questions about it.

We have asked the law firm Coppock named for comment on the advice he says it gave him and will update this article if we hear back from it.

IBM

After 18 Years, SCO's IBM Litigation May Be Settled for $14.5 Million (scribd.com) 151

Slashdot has confirmed with the U.S. Bankruptcy Court for the District of Delaware that after 18 years of legal maneuvering, SCO's bankruptcy case (first filed in 2007) is now "awaiting discharge."

Long-time Slashdot reader rkhalloran says they know the reason: Papers filed 26 Aug by IBM & SCOXQ in U.S. Bankruptcy Court in Delaware for a proposed settlement, Case 07-11337-BLS Doc 1501:

By the Settlement Agreement, the Trustee has reached a settlement with IBM that resolves all of the remaining claims at issue in the Utah Litigation (defined below). The Settlement Agreement is the culmination of extensive arm's length negotiation between the Trustee and IBM.

Under the Settlement Agreement, the Parties have agreed to resolve all disputes between them for a payment to the Trustee, on behalf of the Estates, of $14,250,000. For the reasons set forth more fully below, the Trustee submits the Settlement Agreement and the settlement with IBM are in the best interests of the Estates and creditors, are well within the range of reasonableness, and should be approved.

The proposed order would include "the release of the Estates' claims against IBM and vice versa" (according to this PDF attributed to SCO Group and IBM uploaded to scribd.com). And one of the reasons given for the proposed settlement? "The probability of the ultimate success of the Trustee's claims against IBM is uncertain," according to an IBM/SCO document on Scribd.com titled Trustee's motion: For example, succeeding on the unfair competition claims will require proving to a jury that events occurring many years ago constituted unfair competition and caused SCO harm. Even if SCO were to succeed in that effort, the amount of damages it would recover is uncertain and could be significantly less than provided by the Settlement Agreement. Such could be the case should a jury find that (1) the amount of damage SCO sustained as a result of IBM's conduct is less than SCO has alleged, (2) SCO's damages are limited by a $5 million damage limitation provision in the Project Monterey agreement, or (3) some or all of IBM's Counterclaims, alleging millions of dollars in damages related to IBM's Linux activities and alleged interference by SCO, are meritorious.

Although the Trustee believes the Estates would ultimately prevail on claims against IBM, a not insignificant risk remains that IBM could succeed with its defenses and/or Counterclaims

The U.S. Bankruptcy Court for the District of Delaware told Slashdot that the first meeting of the creditors will be held on September 22nd, 2021.
The Courts

Parents of Teens Who Stole $1 Million In Bitcoin Sued By Alleged Victim (zdnet.com) 48

An anonymous reader quotes a report from ZDNet, written by Charlie Osborne: The parents of two teenagers allegedly responsible for stealing $1 million in Bitcoin are being sued. According to court documents obtained by Brian Krebs, Andrew Schober lost 16.4552 in Bitcoin (BTC) in 2018 after his computer was infected with malware, allegedly the creation of two teenagers in the United Kingdom. The complaint (.PDF), filed in Colorado, accuses Benedict Thompson and Oliver Read, who were minors at the time, of creating clipboard malware. The malicious software, designed to monitor cryptocurrency wallet addresses, was downloaded and unwittingly executed by Schober after he clicked on a link, posted to Reddit, to install the Electrum Atom cryptocurrency application.

During a transfer of Bitcoin from one account to another, the malware triggered a Man-in-The-Middle (MiTM) attack, apparently replacing the address with one controlled by the teenagers and thereby diverting the coins into their wallets. According to court documents, this amount represented 95% of the victim's net wealth at the time of the theft. At today's price, the stolen Bitcoin is worth approximately $777,000. "Mr. Schober was planning to use the proceeds from his eventual sale of the cryptocurrency to help finance a home and support his family," the complaint reads. The pair, tracked down during an investigation paid for by Schober, are now adults and are studying computer science at UK universities. The mothers and fathers of Thompson and Read are named in the complaint. Emails were sent to the parents prior to the complaint requesting that the teenagers return the stolen cryptocurrency to prevent legal action from being taken. However, the requests, sent in 2018 and 2019, were met with silence.

Schober's complaint claims that the parents "knew or reasonably should have known" what their children were up to, and that they also failed to take "reasonable steps" in preventing further harm. In response (.PDF), the defendants do not argue the charge, but rather have requested a motion to dismiss based on two- and three-year statutes of limitation. "Despite his knowledge of his injury and the general cause thereof, Plaintiff waited to file his lawsuit beyond the two and three years required of him by the applicable statutes of limitations," court documents say. "For this reason, Plaintiff's claims against Defendants should be dismissed." However, Schober's legal team has argued (.PDF) that the teenagers were not immediately traced, and roughly a year passed between separately identifying Read and Thompson. Schober's lawyers have requested that the motion to dismiss is denied.

China

Chinese Authorities Say Overtime '996' Policy is Illegal (reuters.com) 127

China's Supreme People's Court said the overtime practice of "996", working 9 a.m. to 9 p.m. six days a week, is illegal, taking aim at the controversial policy that is common among many Chinese technology firms. From a report: China's top court and the Ministry of Human Resources and Social Security on Thursday published guidelines and examples on what constituted as overtime work, saying they were focusing on the issue as it had attracted widespread attention recently. While the authorities used a case involving a parcel delivery company to explain why "996" was illegal, working such hours had become a badge of honour for some Chinese companies and employees.

Silicon Valley heavyweights such as Sequoia Capital's Mike Moritz have highlighted it as a competitive advantage the country had over the United States. But a backlash surfaced in 2019, prompting a public debate about work hours in China's tech industry that has continued. Last month, TikTok owner ByteDance on Friday said that it would formally end its weekend overtime policy from Aug. 1, two weeks after its short-video rival Kuaishou announced a similar decision. The court and ministry's criticism of "996" also comes amid a wide ranging Beijing-led regulatory crackdown on country's technology giants that has targeted issues from monopolistic behaviour to consumer rights.

Businesses

Apple Will Now let App Store Developers Talk To Their Customers About Buying Direct (techcrunch.com) 19

Apple announced today it has reached a proposed settlement in a lawsuit filed against it by developers in the United States. The agreement, which is still pending court approval, includes a few changes, the biggest one being that developers will be able to share information on how to pay for purchases outside of their iOS app or the App Store -- which means they can tell customers about payment options that aren't subject to Apple commissions. The settlement also includes more pricing tiers and a new transparency report about the app review process. From a report: The class-action lawsuit was filed against Apple in 2019 by app developers Donald Cameron and Illinois Pure Sweat Basketball, who said the company engaged in anticompetitive practices by only allowing the downloading of iPhone apps through its App Store. In today's announcement, Apple said it is "clarifying that developers can use communications, such as emails, to share information about payment methods outside of their iOS app. As always, developers will not pay Apple a commission on any purchases taking place outside of their app or the App Stores."

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