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The Courts

Court Rules Automakers Can Record and Intercept Owner Text Messages (therecord.media) 89

An anonymous reader quotes a report from The Record: A federal judge on Tuesday refused to bring back a class action lawsuit alleging four auto manufacturers had violated Washington state's privacy laws by using vehicles' on-board infotainment systems to record and intercept customers' private text messages and mobile phone call logs. The Seattle-based appellate judge ruled that the practice does not meet the threshold for an illegal privacy violation under state law, handing a big win to automakers Honda, Toyota, Volkswagen and General Motors, which are defendants in five related class action suits focused on the issue. One of those cases, against Ford, had been dismissed on appeal previously.

The plaintiffs in the four live cases had appealed a prior judge's dismissal. But the appellate judge ruled Tuesday that the interception and recording of mobile phone activity did not meet the Washington Privacy Act's standard that a plaintiff must prove that "his or her business, his or her person, or his or her reputation" has been threatened. In an example of the issues at stake, plaintiffs in one of the five cases filed suit against Honda in 2021, arguing that beginning in at least 2014 infotainment systems in the company's vehicles began downloading and storing a copy of all text messages on smartphones when they were connected to the system. An Annapolis, Maryland-based company, Berla Corporation, provides the technology to some car manufacturers but does not offer it to the general public, the lawsuit said. Once messages are downloaded, Berla's software makes it impossible for vehicle owners to access their communications and call logs but does provide law enforcement with access, the lawsuit said.

Privacy

Data Broker's 'Staggering' Sale of Sensitive Info Exposed in Unsealed FTC Filing (arstechnica.com) 30

One of the world's largest mobile data brokers, Kochava, has lost its battle to stop the Federal Trade Commission from revealing what the FTC has alleged is a disturbing, widespread pattern of unfair use and sale of sensitive data without consent from hundreds of millions of people. ArsTechnica: US District Judge B. Lynn Winmill recently unsealed a court filing, an amended complaint that perhaps contains the most evidence yet gathered by the FTC in its long-standing mission to crack down on data brokers allegedly "substantially" harming consumers by invading their privacy. The FTC has accused Kochava of violating the FTC Act by amassing and disclosing "a staggering amount of sensitive and identifying information about consumers," alleging that Kochava's database includes products seemingly capable of identifying nearly every person in the United States.

According to the FTC, Kochava's customers, ostensibly advertisers, can access this data to trace individuals' movements -- including to sensitive locations like hospitals, temporary shelters, and places of worship, with a promised accuracy within "a few meters" -- over a day, a week, a month, or a year. Kochava's products can also provide a "360-degree perspective" on individuals, unveiling personally identifying information like their names, home addresses, phone numbers, as well as sensitive information like their race, gender, ethnicity, annual income, political affiliations, or religion, the FTC alleged.

Beyond that, the FTC alleged that Kochava also makes it easy for advertisers to target customers by categories that are "often based on specific sensitive and personal characteristics or attributes identified from its massive collection of data about individual consumers." These "audience segments" allegedly allow advertisers to conduct invasive targeting by grouping people not just by common data points like age or gender, but by "places they have visited," political associations, or even their current circumstances, like whether they're expectant parents. Or advertisers can allegedly combine data points to target highly specific audience segments like "all the pregnant Muslim women in Kochava's database," the FTC alleged, or "parents with different ages of children."

Businesses

How a 'Refund Fraud' Gang Stole $700,000 From Amazon (404media.co) 49

An anonymous reader writes: The U.S. government has indicted alleged members of a criminal group that uses insiders at Walmart and other techniques to commit 'refund fraud' on a massive scale, according to recently unsealed court records. In short, the scam involves someone ordering an item from, say, Amazon -- which in this case says it lost $700,000 -- receiving the item, and then using one of various tricks to get their money back from the retailer. The person is then free to sell the item online, and the criminal group takes a fee.

The indictment as well as 404 Media's own research into refund fraud reveals a professionalized ecosystem of sellers and people providing various services as part of the wide-reaching scam. As well as malicious insiders, refund scammers take advantage of customer service representatives and online retailers' lax refund policies to get expensive items for free. This is not a crime whose only victims are giant retailers, who may garner little sympathy. Delivery drivers, who already have very difficult jobs, are often dinged for misdelivering or failing to deliver a package, which is something these types of scams often rely on.

Businesses

WeWork Files For Bankruptcy (techcrunch.com) 32

Flexible office-space firm WeWork has filed for Chapter 11 bankruptcy protection, listing over $18.6 billion of debts in a remarkable collapse for the once high-flying startup co-founded by Adam Neumann and bankrolled by SoftBank, BlackRock and Goldman Sachs. From a report: The New York-based firm, which raised over $22 billion and was valued at $47 billion at its peak, has listed assets of over $15 billion in the petition it filed in a New Jersey federal court.

WeWork chief executive David Tolley said about 90% of the company's lenders have agreed to convert their $3 billion of debt into equity. WeWork's bankruptcy filing is limited to locations in the U.S. and Canada, it said. WeWork India has emerged as one of the strongest units in the WeWork franchise, and is largely insulated from the bankruptcy as majority of it is owned by Embassy Group. The India unit makes money and doesn't need external capital to operate, the India head said in a statement today.

AI

OpenAI Offers To Pay For ChatGPT Customers' Copyright Lawsuits (theguardian.com) 27

Blake Montgomery reports via The Guardian: Rather than remove copyrighted material from ChatGPT's training dataset, the chatbot's creator is offering to cover its clients' legal costs for copyright infringement suits. OpenAI CEO Sam Altman said on Monday: "We can defend our customers and pay the costs incurred if you face legal claims around copyright infringement and this applies both to ChatGPT Enterprise and the API." The compensation offer, which OpenAI is calling Copyright Shield, applies to users of the business tier, ChatGPT Enterprise, and to developers using ChatGPT's application programming interface. Users of the free version of ChatGPT or ChatGPT+ were not included. [...] Getty Images, Shutterstock and Adobe have extended similar financial liability protection for their image-making software. The announcement was made at the company's first-ever developer conference today, where Altman said there are now 100 million weekly ChatGPT users. The company also announced a platform for making custom versions of ChatGPT for specific use cases -- no coding required.
The Courts

Epic Games Goes To Court To Challenge Google's App Store Practices (cnn.com) 63

Epic Games, the maker of the popular game "Fortnite," has launched a battle against Google in federal court in a closely watched antitrust showdown that could reshape how smartphone users get Android apps and pay for in-app content. From a report: Epic's lawsuit in the US District Court in California's Northern District targets the Google Play Store, focusing on Google's fees for in-app subscriptions and one-off transactions, along with other terms that app developers such as Epic say helped Google maintain an illegal monopoly in app distribution.

The legal battle follows a years-long debate about whether app store operators such as Google and Apple foster an open, competitive app ecosystem. The two companies argue their app stores help unlock billions in revenue for small businesses, while ensuring that Android and iOS users benefit from security oversight that the technology giants provide. The jury may hear high-profile witnesses testify from both sides, including Google CEO Sundar Pichai and Epic CEO Tim Sweeney.

The court fight traces back to 2020, when Epic launched Project Liberty, a plan to circumvent Apple and Google's app store terms. That move by Epic forced a confrontation with the tech giants. Epic updated the Fortnite app to encourage players to pay for in-app content directly through Epic's own website -- rather than through Apple and Google's in-app payment systems. That gambit triggered a violation of the app stores' developer terms. The move also prompted both app stores to remove the Fortnite app from their platforms.

AI

Artists May 'Poison' AI Models Before Copyright Office Can Issue Guidance (arstechnica.com) 66

An anonymous reader writes: Artists have spent the past year fighting companies that have been training AI image generators—including popular tools like the impressively photorealistic Midjourney or the ultra-sophisticated DALL-E 3—on their original works without consent or compensation. Now, the United States has promised to finally get serious about addressing their copyright concerns raised by AI, President Joe Biden said in his much-anticipated executive order on AI, which was signed this week. The US Copyright Office had already been seeking public input on AI concerns over the past few months through a comment period ending on November 15. Biden's executive order has clarified that following this comment period, the Copyright Office will publish the results of its study. And then, within 180 days of that publication—or within 270 days of Biden's order, "whichever comes later"—the Copyright Office's director will consult with Biden to "issue recommendations to the President on potential executive actions relating to copyright and AI."

"The recommendations shall address any copyright and related issues discussed in the United States Copyright Office's study, including the scope of protection for works produced using AI and the treatment of copyrighted works in AI training," Biden's order said. That means that potentially within the next six to nine months (or longer), artists may have answers to some of their biggest legal questions, including a clearer understanding of how to protect their works from being used to train AI models. Currently, artists do not have many options to stop AI image makers—which generate images based on user text prompts—from referencing their works. Even companies like OpenAI, which recently started allowing artists to opt out of having works included in AI training data, only allow artists to opt out of future training data. [...] According to The Atlantic, this opt-out process—which requires artists to submit requests for each artwork and could be too cumbersome for many artists to complete—leaves artists stuck with only the option of protecting new works that "they create from here on out." It seems like it's too late to protect any work "already claimed by the machines" in 2023, The Atlantic warned. And this issue clearly affects a lot of people. A spokesperson told The Atlantic that Stability AI alone has fielded "over 160 million opt-out requests in upcoming training." Until federal regulators figure out what rights artists ought to retain as AI technologies rapidly advance, at least one artist—cartoonist and illustrator Sarah Andersen—is advancing a direct copyright infringement claim against Stability AI, maker of Stable Diffusion, another remarkable AI image synthesis tool.

Andersen, whose proposed class action could impact all artists, has about a month to amend her complaint to "plausibly plead that defendants' AI products allow users to create new works by expressly referencing Andersen's works by name," if she wants "the inferences" in her complaint "about how and how much of Andersen's protected content remains in Stable Diffusion or is used by the AI end-products" to "be stronger," a judge recommended. In other words, under current copyright laws, Andersen will likely struggle to win her legal battle if she fails to show the court which specific copyrighted images were used to train AI models and demonstrate that those models used those specific images to spit out art that looks exactly like hers. Citing specific examples will matter, one legal expert told TechCrunch, because arguing that AI tools mimic styles likely won't work—since "style has proven nearly impossible to shield with copyright." Andersen's lawyers told Ars that her case is "complex," but they remain confident that she can win, possibly because, as other experts told The Atlantic, she might be able to show that "generative-AI programs can retain a startling amount of information about an image in their training data—sometimes enough to reproduce it almost perfectly." But she could fail if the court decides that using data to train AI models is fair use of artists' works, a legal question that remains unclear.

The Courts

14 Big Landlords Used Software To Collude on Rent Prices, DC Lawsuit Says (arstechnica.com) 52

DC's attorney general has sued 14 of the city's largest landlord firms, claiming they entered into agreements with a property management software firm to keep rent prices high in a city with a housing affordability crisis. From a report: The complaint, filed earlier today by Attorney General Brian Schwalb, focuses on the multifamily landlords' use of software from Texas-based firm RealPage, which suggests rental prices based on a pricing algorithm. Key to those models, according to the suit, is the data fed in from the landlords and the pressure RealPage puts on them to stick to the code-derived rental rates. "RealPage and the defendant landlords illegally colluded to artificially raise rents by participating in a centralized, anticompetitive scheme, causing District residents to pay millions of dollars above fair market prices," Schwalb said in a release tied to the complaint.

The collaboration "amounts to a District-wide housing cartel," Schwalb said, noting that "well over" 30 percent of buildings with five or more units use RealPage's software, along with 60 percent of 50-unit-plus buildings. Across a wider Washington-Arlington-Alexandria area, more than 90 percent of units in large buildings are subject to RealPage pricing, according to Schwalb's office. RealPage's rent management service, YieldStar, has come under increasing scrutiny in recent years. RealPage and the property management firms utilizing their software were the subject of a class-action suit filed in the Southern District of California in October 2022, alleging the "cartel" artificially inflated prices. The Department of Justice's Antitrust Division opened an investigation in November 2022 into RealPage's role in potential landlord collusion.

Crime

FTX Founder Sam Bankman-Fried Found Guilty of Fraud (yahoo.com) 135

Slashdot readers schwit1 and Another Random Kiwi share the breaking news that FTX founder Sam Bankman-Fried has been found guilty of fraud. From the Associated Press: FTX founder Sam Bankman-Fried's spectacular rise and fall in the cryptocurrency industry -- a journey that included his testimony before Congress, a Super Bowl advertisement and dreams of a future run for president -- hit a new bottom Thursday when a New York jury convicted him of fraud in a scheme that cheated customers and investors of at least $10 billion. After the monthlong trial, jurors rejected Bankman-Fried's claim during four days on the witness stand in Manhattan federal court that he never committed fraud or meant to cheat customers before FTX, once the world's second-largest crypto exchange, collapsed into bankruptcy a year ago.

"His crimes caught up to him. His crimes have been exposed," Assistant U.S. Attorney Danielle Sassoon told the jury of the onetime billionaire just before they were read the law by Judge Lewis A. Kaplan and began deliberations. Sassoon said Bankman-Fried turned his customers' accounts into his "personal piggy bank" as up to $14 billion disappeared. [...] U.S. Attorney Damian Williams told reporters after the verdict that Bankman-Fried "perpetrated one of the biggest financial frauds in American history, a multibillion dollar scheme designed to make him the king of crypto." "But here's the thing: The cryptocurrency industry might be new. The players like Sam Bankman-Fried might be new. This kind of fraud, this kind of corruption is as old as time and we have no patience for it," he said.

Businesses

Amazon Made $1 Billion Through Secret Price Raising Algorithm, Says FTC (reuters.com) 60

Amazon used a secret algorithm to boost prices to U.S. households by more than $1 billion, says the FTC in ia new court filing. "The FTC lawsuit was filed in September but many details were withheld until Thursday when a version of the lawsuit with fewer redactions was made public in U.S. District Court in Seattle," notes Reuters. From the report: Amazon, which has 1 billion items in its online superstore, created a "secret algorithm internally code named 'Project Nessie' to identify specific products for which it predicts other online stores will follow Amazon's price increases. ... Amazon used Project Nessie to extract more than a billion dollars directly from Americans' pocketbooks," the FTC said.

Amazon began testing the pricing algorithm in 2010 to see if other online retailers tracked its prices and to raise prices for products that were likely to be tracked by competitors, the complaint said. After outside retailers began matching or increasing their own prices, Amazon would continue to sell the product at an inflated price, the FTC alleged, which resulted in $1 billion in excess profit. Amazon paused the algorithm during its Prime Day sales events and the holiday shopping season when there was more media and customer attention on the online retailer, the FTC said.

"After the public's focus turned elsewhere, Amazon turned Project Nessie back on and ran it more widely to make up for the pause," the lawsuit said. Amazon in April 2018 used it to set prices for more than 8 million items purchased by customers that collectively cost almost $194 million, the complaint said, before pausing it in 2019. Amazon retail executive Doug Herrington in January 2022 asked about using "old friend Nessie, perhaps with some new targeting logic" to boost profits for Amazon's retail arm, the complaint said. The FTC complaint also accuses Amazon of seeking to hide information about operations from antitrust enforcers by using the Signal messaging app's disappearing message feature and said the company destroyed communications from June 2019 to early 2022.
Amazon also required sellers using its Prime feature to utilize its logistics and delivery services, leading to increased fees for sellers who used its fulfillment services from 27% in 2014 to 39.5% in 2018, as per the FTC. Furthermore, the complaint mentioned that Amazon treated Walmart.com differently, not allowing it to sell on its platform and allegedly deterring Walmart from offering discounts to shoppers who picked up their purchases from Walmart stores.

Further reading: Amazon Boosted Junk Ads and Deleted Messages To Thwart Antitrust Probe, FTC Says
Power

Pennsylvania Court Permanently Blocks Effort To Make Power Plants Pay For Greenhouse Gas Emissions (apnews.com) 189

An anonymous reader quotes a report from the Associated Press: Pennsylvania cannot enforce a regulation to make power plant owners pay for their planet-warming greenhouse gas emissions, a state court ruled Wednesday, dealing another setback to the centerpiece of former Gov. Tom Wolf's plan to fight global warming. The Commonwealth Court last year temporarily blocked Pennsylvania from becoming the first major fossil fuel-producing state to adopt a carbon-pricing program, and the new ruling makes that decision permanent. The ruling is a victory for Republican lawmakers and coal-related interests that argued that the carbon-pricing plan amounted to a tax, and therefore would have required legislative approval. Wolf, a Democrat, had sought to get around legislative opposition by unconstitutionally imposing the requirement through a regulation, they said. The court agreed in a 4-1 decision.

The regulation written by Wolf's administration had authorized Pennsylvania to join the multistate Regional Greenhouse Gas Initiative, which imposes a price and declining cap on carbon dioxide emissions from power plants. It would be up to Wolf's successor, Democratic Gov. Josh Shapiro, to decide whether to appeal the decision to the state Supreme Court. Shapiro's administration had no comment Wednesday on whether it would appeal, and Shapiro himself hasn't said publicly whether he would follow through on the plan to join the consortium, should the courts allow it. Still, Shapiro is "focused on addressing climate change, reducing emissions, and protecting public health while creating jobs and protecting consumers," Shapiro's administration said in a statement.

Iphone

Mass Lawsuit Against Apple Over iPhone Batteries Can Go Ahead, London Tribunal Rules (reuters.com) 20

Apple on Wednesday lost a bid to block a mass London lawsuit worth up to $2 billion which accuses the tech giant of hiding defective batteries in millions of iPhones. From a report: The lawsuit was brought by British consumer champion Justin Gutmann on behalf of around 24 million iPhone users in the United Kingdom. Gutmann is seeking damages from Apple on their behalf of up to 1.6 billion pounds ($1.9 billion) plus interest, with the claim's midpoint range being 853 million pounds. His lawyers argued Apple concealed issues with batteries in certain phone models by "throttling" them with software updates and installed a power management tool which limited performance.

Apple, however, said the lawsuit was "baseless" and strongly denied batteries in iPhones were defective, apart from in a small number of iPhone 6s models for which it offered free battery replacements. The company sought to get the case thrown out of court, but the Competition Appeal Tribunal (CAT) said Gutmann's case can proceed in a written ruling on Wednesday.

Businesses

Apple's App Charges Violate EU Antitrust Law, Dutch Agency Says (bloomberg.com) 50

Apple could be forced to scale back its App Store fees for developers after one of the European Union's antitrust watchdogs said its commissions violate the bloc's rules. From a report: In the latest twist in a long-running clash between the Dutch Authority for Consumers & Markets and the US tech giant, officials ruled that Apple's commission on certain app subscriptions are an abuse of the company's market power. In a confidential decision seen by Bloomberg, the Dutch regulator said Apple's rules unfairly target companies that offer subscription services, such as Match Group's dating app Tinder, which has to pay high commission rates on app sales, unlike ones that don't have paid digital content.

Apple harms such companies "by charging them an additional and inexplicably higher fee," according to the Dutch decision, which was sent in July. Apple had earlier offered to reduce app sale commission in the Netherlands from 30% to 27%, but the ACM's confidential findings state this offer doesn't go far enough. The decision could pave the wave for greater antitrust scrutiny across the 27-nation EU on the fairness of Apple's fee structure for different apps. The European Commission in Brussels is already investigating how Apple restricts apps from informing users of cheaper subscriptions outside the app store.

The Courts

Nokia Sues Amazon From US To India Over Streaming-Tech Patents (bloomberg.com) 9

Nokia sued Amazon in courts across three continents, alleging the e-commerce giant uses its technologies in streaming services and devices without authorization. From a report: The suits were filed in the US, Germany, India, the UK, and the European Unified Patent Court, Arvin Patel, Nokia's Chief Licensing Officer said in a statement on the company's website. Separately, a suit was also filed against HP in the US over video-related technologies, he said.
The Courts

Judge Pares Down Artists' AI Copyright Lawsuit Against Midjourney, Stability AI 41

Blake Brittain reports via Reuters: A judge in California federal court on Monday trimmed a lawsuit by visual artists who accuse Stability AI, Midjourney and DeviantArt of misusing their copyrighted work in connection with the companies' generative artificial intelligence systems. U.S. District Judge William Orrick dismissed some claims from the proposed class action brought by Sarah Andersen, Kelly McKernan and Karla Ortiz, including all of the allegations against Midjourney and DeviantArt. The judge said (PDF) the artists could file an amended complaint against the two companies, whose systems utilize Stability's Stable Diffusion text-to-image technology.

Orrick also dismissed McKernan and Ortiz's copyright infringement claims entirely. The judge allowed Andersen to continue pursuing her key claim that Stability's alleged use of her work to train Stable Diffusion infringed her copyrights. "Even Stability recognizes that determination of the truth of these allegations -- whether copying in violation of the Copyright Act occurred in the context of training Stable Diffusion or occurs when Stable Diffusion is run -- cannot be resolved at this juncture," Orrick said.

Orrick agreed with all three companies that the images the systems actually created likely did not infringe the artists' copyrights. He allowed the claims to be amended but said he was "not convinced" that allegations based on the systems' output could survive without showing that the images were substantially similar to the artists' work. The judge also dismissed other claims from the artists, including that the companies violated their publicity rights and competed with them unfairly, with permission to refile. Orrick dismissed McKernan and Ortiz's copyright claims because they had not registered their images with the U.S. Copyright Office, a requirement for bringing a copyright lawsuit.
Facebook

Meta Told To Stop Using Threads Name By Company That Owns UK Trademark (businessinsider.com) 60

Pete Syme reports via Insider: A British software company is giving Meta 30 days to stop using the name Threads in the UK because it owns the trademark. Threads Software Limited says its lawyers wrote to the Facebook and Instagram parent company on Monday. If Meta doesn't stop using the name Threads, Threads Software Limited says it will seek an injunction from the courts.

The British company trademarked Threads in 2012 for its intelligent messaging hub, which can store a company's emails, tweets, and voice over internet protocol phone calls in a cloud database. In a press release, it said it had declined the four offers that Meta's lawyers made to purchase its domain name "threads.app." Then when Meta launched Threads, its social media app designed to compete with Elon Musk's X, the British company says it was removed from Facebook.
John Yardley, the managing director of Threads Software Limited, said the business "faces a serious threat from one of the largest technology companies in the world."

"We recognize that this is a classic 'David and Goliath' battle with Meta," said Yardley. "And whilst they may think they can use whatever name they want, that does not give them the right to use the Threads brand name."
Google

Google CEO Tells Court Search Dominance Is Result of 'Fierce Competition' (wsj.com) 65

Google Chief Executive Sundar Pichai took the stand Monday in the tech giant's antitrust trial, a pivotal moment in a case that could result in major changes to the company's search engine. From a report: Pichai described Google's search dominance as the result of its innovation and early investment in its Chrome browser. "We realized early on that browsers are critical to how people are able to navigate and use the web," Pichai said during questioning by Google lawyer John Schmidtlein.

"It became very clear early on that if you make the user's experience better, they would use the web more, they would enjoy using the web more, and they would search more in Google as well," Pichai said. [...] The nonjury trial is being heard by U.S. District Judge Amit Mehta, who could ultimately order a breakup or other changes to Google's business practices. Schmidtlein, Google's lead counsel, questioned Pichai about the deal at the heart of the case: the search giant's contract with Apple that makes it the default search engine on Apple's Safari web browser. The Apple deal "makes it very, very seamless and easy for users to use our services," Pichai said. "We know that making it the default will lead to increased usage of our products and services, particularly Google search in this case. So there is clear value in that and that's what we were looking for."

United States

$127 Billion in US Student Loans Now Flagged for Cancellation - About 30% of Planned Amount (msn.com) 234

The Wall Street Journal reports that more than three million Americans have now had a total of $127 billion in student loans flagged for cancellation. (Which for 3 million would average out to over $40,000 apiece).

Interestingly, the article notes this happened despite a set back for forgiveness in America's highest court this June: The high court ruled that the Biden administration couldn't cancel hundreds of billions of dollars for tens millions of student-loan holders, reasoning that the authority for such a broad-based policy doesn't exist under the law. While that closed one path, Biden tapped a variety of different tools that no previous president had ever used to this extent. Since taking office in 2021, the Biden administration has arranged to cancel loans equal to around 30% of the total projected cost of its blocked mass cancellation plan.
Advertising

When Supermarket Freezer Doors Have Screens With Ads (computer.rip) 99

Long-time Slashdot reader theodp writes: Over at Computers Are Bad, J.B. Crawford [a senior professional services engineer at GitLab] offers a pretty epic takedown of the startup "Cooler Screens", which has replaced the formerly transparent cooler doors at Walgreens and other stores with six-foot, heat-generating 4K resolution digital screen doors that block the view of the merchandise that's behind them to enable IoT "contextual advertising".

"I find myself looking at a Walgreens cooler that just two years ago was covered in clear glass admitting direct inspection of which tall-boy teas were in stock," Crawford writes of his experience. "Today, it's an impenetrable black void. Some Walgreens employee has printed a sheet of paper, 'TEA' in 96-point Cambria, and taped it to the wall above the door...."

While Cooler Screens was first tested by Walgreens in 2018 and backed by Microsoft VC money, Cooler Screens is now suing Walgreens, claiming the pharmacy chain obstructed a nationwide rollout of the technology and demanded its removal from stores. Walgreens said in court documents that technical issues plagued the technology, making it difficult for customers to see what was available inside the coolers, the report said. According to Walgreens, the screens froze or went dark, showed incorrect products or prices, and even sparked and caught fire in some instances. Cooler Screens, on the other hand, blamed what it called Walgreens' aging and poorly maintained electrical and refrigeration infrastructure for the technical difficulties.

Still, Crawford notes that Kroger has announced it's adding Cooler Screens to 500 more of their stores, the result of a three-year pilot that apparently went better than Walgreens. But he isn't buying claims that "90%+ of consumers no longer prefer traditional glass cooler doors," and closes with a final observation, "I am nodding and appropriately chuckling when a stranger says 'remember when you could see through these?' as they fight against retail innovation to purchase one of the products these things were supposed to promote. You cannot say they aren't engaged, in a sense."

Earlier on Slashdot: Shoppers React as Grocers Replace Freezer Doors with Screens Playing Ads.
The Courts

It Took Seven Years But Over-40s Fired By HP Win $18 Million Settlement (theregister.com) 29

Brandon Vigliarolo reports via The Register: After over seven years of legal battles, a group of former HP employees who claim the venerable firm discriminated against older staff when culling jobs has won a $18 million settlement. Hewlett Packard's offshoots, HP and Hewlett Packard Enterprise (HPE) have agreed to cough up just over a day's combined profits for the last quarter to settle a class-action case brought by employees who were over 40 and got laid off when the company split in 2015. The group sued HP and HPE in 2016 claiming both the new entities and the old Hewlett Packard had unfairly targeted older employees for layoffs as far back as 2012.

Two classes were designated in the lawsuit -- 146 former staff accusing HP and HPE of age discrimination on US Age Discrimination in Employment Act (ADEA) grounds, and 212 accusing their former employer of the same based on California state labor laws. The settlement notice [PDF], which was filed in the US District Court for the Northern District of California in late September and preliminarily approved by a judge on Thursday, doesn't include any admission of guilt on HP or HPE's part -- quite the opposite, in fact. "Throughout the litigation, each Defendant has denied, and continues to deny, the allegations described above," lawyers for the plaintiffs wrote in the settlement notice. Nonetheless, the settlement notice was filed without opposition from HP and HPE. [...]

Judge Edward Davila determined the settlement was "fair, adequate and reasonable" yesterday, and will issue a final order later, a draft [PDF] of which was also filed with the court in September. If approved without changes, each of the 358 plaintiffs in the California case stand to earn $50,279 in gross individual recovery. Net of attorney's fees, costs and expenses, however, that total shrinks to a "minimum of $15,000," court filings indicate.

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