The Courts

Sam Altman Had a Bad Day In Court (businessinsider.com) 59

An anonymous reader quotes a report from Business Insider: As the trial between Elon Musk and OpenAI ended its second week, the Tesla CEO started scoring points against Sam Altman. His witnesses landed three solid punches in testimony about how Altman runs OpenAI as CEO, raising concerns about his dedication to AI safety, the nonprofit's mission, and his honesty as a leader of the organization. [...] This week, Musk's legal team called a parade of witnesses who questioned whether Altman was acting in the interest of the nonprofit. On Thursday, that included a former OpenAI safety researcher, who described a slow erosion of the company's safety teams, which prompted her to leave the company. Witnesses also shared stories about the company launching products without the proper safety reviews -- or the knowledge of the board. Rosie Campbell, a former AI safety researcher at OpenAI, testified that the company became more product-focused during her time there and moved away from the long-term safety work that had initially drawn her in. She said both long-term AI safety teams were eventually eliminated, and that she supported Altman's reinstatement only because she feared OpenAI might otherwise collapse into Microsoft: "It was my understanding at the time that the best way for OpenAI to not disintegrate and fall about would be for Sam to return." Still, Campbell's testimony wasn't entirely favorable to Musk. She also said xAI, Musk's AI company, likely had an inferior approach to safety than OpenAI.

Helen Toner, another former OpenAI board member, also testified about the board's concerns leading up to Altman's removal. She said the board was not primarily worried about ChatGPT's safety, but about Altman's leadership and investor relationships, saying, "The issues that we were concerned about in our decision to fire Sam were exacerbated by relationships with investors." Toner also described concerns that Altman was misrepresenting what others had said, telling the court, "We were concerned that Sam was inserting words into other people's mouths in order to get people to do what he wanted."

Meanwhile, Tasha McCauley, a former OpenAI board member, described a deep loss of trust in Altman and accused him of creating "chaos" and "crisis" inside the company. She said Altman fostered a "culture of lying and culture of deceit," including allegedly misleading others about whether GPT-4 Turbo needed internal safety review before launch.

Musk's lawyers then called to the stand David Schizer, a Columbia Law professor and nonprofit-governance expert, who framed Altman's alleged behavior as a serious governance problem for an organization that was supposed to be mission-driven. Asked about claims that products were launched without full board awareness or safety review, he said, "The board and CEO need to be partnering, working together, to make sure the mission is being followed," adding that "if the CEO is withholding that information, it's a big problem."

The day ended with the start of a Microsoft executive's deposition. Microsoft VP Michael Wetter said Azure had integrated OpenAI technology, that Microsoft saw strategic value in having AI developers build on Azure, and that a 2016 agreement allowed OpenAI to use Microsoft tools for free even though it could mean a loss of up to $15 million for Microsoft. Testimony ended early, with no court on Friday and the trial set to resume Monday.

Recap:
Sam Altman's Management Style Comes Under the Microscope At OpenAI Trial (Day Seven)
Brockman Rebuts Musk's Take On Startup's History, Recounts Secret Work For Tesla (Day Six)
OpenAI President Discloses His Stake In the Company Is Worth $30 Billion (Day Five)
Musk Concludes Testimony At OpenAI Trial (Day Four)
Elon Musk Says OpenAI Betrayed Him, Clashes With Company's Attorney (Day Three)
Musk Testifies OpenAI Was Created As Nonprofit To Counter Google (Day Two)
Elon Musk and OpenAI CEO Sam Altman Head To Court (Day One)
The Almighty Buck

CEOs Want Tariff Refunds As Earnings Take a Hit (cnbc.com) 103

Companies including Philips and Pandora say they plan to seek tariff reimbursements after the Supreme Court ruled Trump's sweeping duties illegal, with the U.S. potentially facing up to $175 billion in refunds. Many firms say tariffs hurt earnings, but CFO survey results suggest companies applying for refunds are unlikely to pass savings back to consumers through lower prices. CNBC reports: Companies across Europe are flagging disruption from tariffs as a factor contributing to a skewed earnings picture. "We will ask for a rebate of tariffs in line with the government policies," Roy Jakobs, CEO of healthtech firm Philips, told CNBC's "Squawk Box Europe" on Wednesday morning. "We have been saying that of course we prefer a world without tariffs, without trade barriers, because we want to serve patients." Philips included the cost of tariffs within its full-year guidance and did not assume the impact from any potential refunds. Danish jeweler Pandora also announced its intention to apply for a rebate on Wednesday, with CEO Berta de Pablos-Barbier telling CNBC that tariffs were a "headwind" to earnings in the first quarter. "We have no news yet, so we cannot count on any of that refund," she told CNBC's "Squawk Box Europe." "Let's wait and see."

De Pablos-Barbier noted that the biggest factor impacting Pandora's profit this quarter is the cost of silver, which more than quadrupled in the last 18 months. She reiterated the firm's pivot from pure silver to platinum as a way of reducing costs. BMW, Daimler, Renishaw, Smith & Nephew and Continental all flagged tariffs as negatively impacting results in a slew of earnings updates on Wednesday, but the companies did not say whether they are applying for rebates. Businesses often bear some of the cost of tariffs, with some costs passing on to consumers through price hikes. Tariffs have had an overall inflationary impact on the economy, economists have told CNBC.

Despite the refund process potentially covering more than 330,000 importers on roughly 53 million entries, per court documents, consumers are unlikely to benefit, according to the results of the latest CNBC CFO Council quarterly survey. Twelve of the 25 chief financial officers interviewed said their company plans to apply for tariff refunds, however, none intend to lower prices in response.

The Courts

Sam Altman's Management Style Comes Under the Microscope At OpenAI Trial (businessinsider.com) 19

Sam Altman's management style came under scrutiny on the seventh day of Elon Musk's high-stakes OpenAI trial, as former OpenAI figures Mira Murati, Shivon Zilis, and Helen Toner took the stand to testify about their experiences working with him. Their testimony resurfaced many of the criticisms that first emerged during Altman's brief ouster as CEO in 2023. An anonymous reader quotes a report from Business Insider: The first witness was Mira Murati, OpenAI's former chief technology officer and now founder of her own AI shop, Thinking Machines Lab. Jurors watched a recorded video deposition of Murati, who was also OpenAI's interim CEO after the board briefly ousted Sam Altman. Murati's testimony focused on her concerns about Altman's "difficult and chaotic" management style. She said Altman had trouble "making decisions on big controversial things." He also had a habit of telling people what they wanted to hear.

"My concern was about Sam saying one thing to one person and a completely different thing to another person, and that makes it a very difficult and chaotic environment to work with," said Murati. Murati said that her issue with Altman was not about safety, "it is about Sam creating chaos." She said she supported Altman's return to OpenAI because the company "was at catastrophic risk of falling apart" at the time of his ousting. "I was concerned about the company completely blowing up."

Zilis said she was upset that Altman rolled out ChatGPT without involving the board. "It wasn't just me but the entire board raised concern about that whole thing happening without any board communication," she said. Zilis said she was also concerned about a potential OpenAI deal with a nuclear energy startup called Helion Energy because both Altman and Greg Brockman were investors. Although the executives had disclosed the investment to the board, Zilis said the deal talk made her uneasy. It "felt super out of left field," she said. "How is it the case that we want to place a major bet on a speculative technology?"

In a video deposition, Helen Toner, a former member of OpenAI's board who resigned in 2023, said she first became aware of ChatGPT's release when an OpenAI employee asked another board member whether the board was aware of the development. [...] Toner also elaborated on why the board, including herself, voted to remove Altman as CEO in 2023. "There were a number of things -- the pattern of behavior related to his honesty and candor, his resistance of board oversight, as well as the concerns that two os his inner management team raised to the board about his management practices, his manipulation of board processes," said Toner.
Recap:
Brockman Rebuts Musk's Take On Startup's History, Recounts Secret Work For Tesla (Day Six)
OpenAI President Discloses His Stake In the Company Is Worth $30 Billion (Day Five)
Musk Concludes Testimony At OpenAI Trial (Day Four)
Elon Musk Says OpenAI Betrayed Him, Clashes With Company's Attorney (Day Three)
Musk Testifies OpenAI Was Created As Nonprofit To Counter Google (Day Two)
Elon Musk and OpenAI CEO Sam Altman Head To Court (Day One)
Piracy

Zuckerberg 'Personally Authorized and Encouraged' Meta's Copyright Infringement (variety.com) 76

Five major publishers and author Scott Turow have sued Meta and Mark Zuckerberg, alleging that Zuckerberg "personally authorized and actively encouraged" massive copyright infringement by using pirated books, journal articles, and web-scraped material to train Meta's Llama AI systems. Meta denies wrongdoing and says it will fight the case, arguing that courts have recognized AI training on copyrighted material as potentially fair use. Variety reports: "In their effort to win the AI 'arms race' and build a functional generative AI model, Defendants Meta and Zuckerberg followed their well-known motto: 'move fast and break things,'" the plaintiffs say in their lawsuit. "They first illegally torrented millions of copyrighted books and journal articles from notorious pirate sites and downloaded unauthorized web scrapes of virtually the entire internet. They then copied those stolen fruits many times over to train Meta's multibillion-dollar generative AI system called Llama. In doing so, Defendants engaged in one of the most massive infringements of copyrighted materials in history."

The suit was filed Tuesday (May 5) in the U.S. District Court for the Southern District of New York by five publishers (Hachette, Macmillan, McGraw Hill, Elsevier and Cengage) and Turow individually. The proposed class-action suit seeks unspecific monetary damages for the alleged copyright infringement. A copy of the lawsuit is available at this link (PDF). [...] the latest lawsuit alleges that Meta and Zuckerberg deliberately circumvented copyright-protection mechanisms -- and had considered paying to license the works before abandoning that strategy at "Zuckerberg's personal instruction." The suit essentially argues that the conduct described falls outside protections afforded by fair-use provisions of the U.S. copyright code.

The Courts

Brockman Rebuts Musk's Take On Startup's History, Recounts Secret Work For Tesla (cnbc.com) 44

An anonymous reader quotes a report from CNBC: OpenAI President Greg Brockman concluded his testimony on Tuesday, where he largely rebutted Elon Musk's account of the early years of the startup and negotiations that occurred at the company. Brockman testified that he never made any commitments to Musk about the company's corporate structure, and he never heard anyone else make them. He emphasized that OpenAI is still governed by a nonprofit. "This entity remains a nonprofit," Brockman said, referring to the OpenAI foundation. "It is the best-resourced nonprofit in the world." [...] Brockman, who spoke from the witness stand in federal court in Oakland, California, over the course of two days, also revealed that Musk had enlisted several OpenAI employees to do months of free work for him at Tesla, Musk's electric vehicle company. That work mainly included efforts to overhaul the company's approach to developing self-driving technology as part of the Autopilot team there in 2017. During his two days on the stand, Brockman answered questions about his personal financial ambitions, his understanding of OpenAI's structure and Musk's involvement at the company, which they co-founded with other executives in 2015.

In Musk's testimony last week, the Tesla and SpaceX CEO said that the time, money and resources he poured into OpenAI had been integral to the company's success. He repeatedly said that he helped recruit the company's top talent. Brockman said Tuesday that while Musk was helpful in convincing some employees to take the leap to join OpenAI, he was a polarizing figure for others. "Elon had a reputation of being an extremely hard driver," Brockman said. He added that "certain candidates were very attracted" by Musk's involvement at OpenAI, and that "certain candidates were very turned off." Musk testified last week that a former OpenAI researcher named Andrej Karpathy joined Tesla, but only after he had planned to leave the startup already. Brockman said that Musk, after he hired Karpathy, approached him with "an apology and a confession," about the hire, and that neither Musk nor Karpathy had told him the researcher planned to leave OpenAI before that. Musk was generally not very available for meetings and conversations, Brockman said, so he relied on employees, including Sam Teller and former OpenAI board member Shivon Zilis, as proxies.
Brockman testified that open sourcing OpenAI's technology was "not a topic of conversation" during Musk's time with the nonprofit, despite Musk's claims that it was supposed to be central to the organization. He also described tense 2017 negotiations over a possible for-profit arm, saying Musk became angry when equity stakes were discussed. "He said Musk declined the proposal during an in-person meeting, then tore a painting of a Tesla Model 3 car off the wall, and began storming out of the room," reports CNBC. He also demanded to know when the cofounders would leave the company.

Brockman further said Musk wanted control of OpenAI because he disliked situations where he lacked control, citing Zip2 and SolarCity as examples Musk had raised. He also testified that Musk partly wanted control to help fund his broader SpaceX ambition of building a "city on Mars."

CNBC notes the trial will resume at 8:30 a.m. PT on Wednesday, with Shivon Zilis expected to testify. She is the mother of four of Musk's children and a former OpenAI board member.

Recap:
OpenAI President Discloses His Stake In the Company Is Worth $30 Billion (Day Five)
Musk Concludes Testimony At OpenAI Trial (Day Four)
Elon Musk Says OpenAI Betrayed Him, Clashes With Company's Attorney (Day Three)
Musk Testifies OpenAI Was Created As Nonprofit To Counter Google (Day Two)
Elon Musk and OpenAI CEO Sam Altman Head To Court (Day One)
The Courts

Apple Agrees To Pay iPhone Owners $250 Million For Not Delivering AI Siri 37

Apple has agreed to a proposed $250 million settlement over claims that it misled iPhone buyers about the availability of Apple Intelligence and its upgraded Siri features. The settlement would cover U.S. buyers of the iPhone 16 lineup and iPhone 15 Pro models between June 10, 2024, and March 29, 2025. The Verge reports: The settlement will resolve a 2025 lawsuit, alleging Apple's advertisements created a "clear and reasonable consumer expectation" that Apple Intelligence features would be available with the launch of the iPhone 16. The lawsuit claimed Apple's products "offered a significantly limited or entirely absent version of Apple Intelligence, misleading consumers about its actual utility and performance."

Apple brought certain AI-powered features to the iPhone 16 weeks after its release, and delayed the launch of its more personalized Siri, which is now expected to arrive later this year. Last April, the National Advertising Division recommended that Apple "discontinue or modify" its "available now" claim for Apple Intelligence. Apple also pulled an iPhone 16 ad showing actor Bella Ramsey using the AI-upgraded Siri.
The Courts

OpenAI President Discloses His Stake In the Company Is Worth $30 Billion (apnews.com) 175

OpenAI president Greg Brockman's testimony dominated the fifth day of the trial for Elon Musk's lawsuit against the AI company. Brockman took the witness stand on Monday, disclosing that his stake in OpenAI is worth nearly $30 billion, despite not personally investing money in OpenAI. The judge also declined to admit a pretrial text in which Musk allegedly warned Brockman that he and Altman would become "the most hated men in America." From a report: Brockman's disclosure would put him on the Forbes list of the world's richest people, with wealth comparable to Melinda French Gates. [...] Late Sunday, OpenAI lawyers tried to admit as evidence a text message Musk sent to Brockman two days before the trial began. According to a court filing -- which did not include the actual text exchange -- Musk sent a message to Brockman to gauge interest in settlement.

When Brockman replied that both sides should drop their respective claims, Musk shot back, according to the filing, "By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be." Judge Yvonne Gonzalez Rogers, who is overseeing the trial, did not admit the text exchange as evidence.
Brockman acknowledged that he had promised to personally donate $100,000 to OpenAI's charity but never did. In explaining the delay, Brockman put the onus on Altman: "I asked Sam when I should donate this, and he said he would let me know," reports Business Insider.

The first witness to testify on Monday was Stuart Russell, an artificial intelligence expert who teaches computer science at the University of California, Berkeley. "The most memorable part of Russell's testimony was when he talked about how much Musk's legal team paid him," notes Business Insider. "He received an eye-popping $5,000 per hour for 40 hours of preparatory work. Expert witnesses in high-profile cases typically make between $500 to $1,000 per hour."

Recap:
Musk Concludes Testimony At OpenAI Trial (Day Four)
Elon Musk Says OpenAI Betrayed Him, Clashes With Company's Attorney (Day Three)
Musk Testifies OpenAI Was Created As Nonprofit To Counter Google (Day Two)
Elon Musk and OpenAI CEO Sam Altman Head To Court (Day One)
The Courts

Musk Concludes Testimony At OpenAI Trial (cnbc.com) 29

An anonymous reader quotes a report from CNBC: Elon Musk wrapped up his testimony on Thursday as the trial in his lawsuit against OpenAI CEO Sam Altman continued into its fourth day. OpenAI's attorney, William Savitt, cross-examined Musk in the morning. He asked Musk about the capped nature of Microsoft's investments in OpenAI, his involvement in negotiations about the company's structure, and whether he knew about the OpenAI nonprofit's recent initiatives. "I don't know what's going on at OpenAI," Musk testified.

Savitt also asked Musk about his competing artificial intelligence startup, xAI. While not the main focus of the case, Musk said it is "partly" true that xAI used some of OpenAI's models to train its own models, a process known as distilling. Musk also suggested that xAI has used OpenAI's technology to help build the company. Musk sued OpenAI, Altman, and Greg Brockman, the company's president, in 2024, alleging that they went back on their commitments to keep the artificial intelligence company a nonprofit and to follow its charitable mission. He claims that the roughly $38 million he donated to seed OpenAI, a company he co-founded, was used for unauthorized commercial purposes.

Once Musk wrapped up his testimony after roughly two hours of questioning on Thursday, his attorneys called Jared Birchall, who manages Musk's billions at his family office, as their next witness. Birchall testified about his knowledge of Musk's specific donations to OpenAI. Judge Yvonne Gonzalez Rogers oversaw the proceedings from federal court in Oakland, California. The trial will resume on Monday.
Recap:
Elon Musk Says OpenAI Betrayed Him, Clashes With Company's Attorney (Day Three)
Musk Testifies OpenAI Was Created As Nonprofit To Counter Google (Day Two)
Elon Musk and OpenAI CEO Sam Altman Head To Court (Day One)
Government

DOJ Sues Cloudera For Deliberately Excluding American Workers From Tech Jobs (zerohedge.com) 95

Longtime Slashdot reader schwit1 shares a report from ZeroHedge: The Justice Department on Tuesday sued Cloudera, accusing the enterprise data and artificial intelligence company of deliberately engineering a hiring process that excluded American workers from at least seven lucrative technology positions while the firm pursued permanent residency sponsorship for foreign workers on temporary visas. In a 14-page complaint filed with the Office of the Chief Administrative Hearing Officer, the department's Civil Rights Division alleges that Cloudera, from March 31, 2024, through at least January 28, 2025, instructed job candidates to submit applications to a dedicated email address, amerijobpostings@cloudera.com, that rejected all external messages with an automated bounce-back error. The company did not advertise the roles on its public careers website or accept applications through its standard portal, as it did for non-sponsorship positions.

Cloudera then attested to the Department of Labor that it could not locate any qualified U.S. workers for the roles, which paid between approximately $180,000 and $294,000 annually, according to the filing. The positions included a Product Manager role in Santa Clara, California, with a listed salary range of $170,186 to $190,000. The case marks one of the most detailed enforcement actions under the Justice Department's Protecting U.S. Workers Initiative, which was relaunched last year and has already produced 10 settlements targeting employers accused of discriminating against American workers in favor of temporary visa holders. "Employers cannot use the PERM sponsorship process as a backdoor for discriminating against U.S. workers," Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division said in a statement. "The Division will not hesitate to sue companies who intentionally deter U.S. workers from applying to American jobs."

The Courts

Elon Musk Says OpenAI Betrayed Him, Clashes With Company's Attorney (sfchronicle.com) 51

An anonymous reader quotes a report from the San Francisco Chronicle: Elon Musk returned to the witness stand Wednesday in Oakland federal court for a second day of testimony in his case against OpenAI, detailing his shift from being an enthusiastic supporter of the nonprofit to feeling betrayed. He also clashed repeatedly with OpenAI's attorney over questions that Musk believed were unfair. He said his feelings towards OpenAI CEO Sam Altman and President Greg Brockman shifted from a "phase one" of support, "phase two" of doubts, and finally "phase three, where I'm sure they're looting the nonprofit. We're currently in phase three," Musk said with a chuckle. Musk said he was a "fool" for giving OpenAI "$38 million of essentially free funding to create what would become an $800 billion company," of which he has no equity stake.

In his 2024 lawsuit, Musk alleged breach of charitable trust and unjust enrichment, arguing OpenAI abandoned its original nonprofit mission to benefit humanity to pursue financial gain. OpenAI's lawyer William Savitt argued Tuesday during his opening statement that the nonprofit entity remains in control of the for-profit public benefit corporation and is now one of the most well-funded nonprofits in the world. Musk is seeking to oust Altman from OpenAI's board and upwards of $134 billion in damages, which he said would be used to fund OpenAI's nonprofit mission. During cross-examination, Savitt clashed with Musk over questioning. Savitt asked whether Musk had contributed $38 million to OpenAI, rather than the $100 million that he later claimed to have invested on X. Musk said he also contributed his reputation to the company and came up with the idea for the name, leading Savitt to ask Musk to respond yes or no to "simple" questions.

"Your questions are not simple. They're designed to trick me, essentially," Musk said, adding that he had to elaborate or it would mislead the jury. He compared Savitt's questions to asking, "have you stopped beating your wife?" Judge Yvonne Gonzalez Rogers intervened, leading Musk to answer yes to the $38 million investment amount. The world's richest man said his doubts grew and by late 2022, he thought "wait a second, these guys are betraying their promise. They're breaking the deal." "I started to lose confidence that they were telling me the truth," Musk said. A turning point was co-defendent Microsoft's investment of billions of dollars into OpenAI, Musk said. On October 23, 2022, Musk texted Altman that he was "disturbed" to see OpenAI's valuation of $20 billion in the wake of the Microsoft deal. Musk called the deal a "bait and switch," since a nonprofit doesn't have a valuation. OpenAI had "for all intents and purposes" become primarily a for-profit company, Musk argued. Altman responded to Musk by text that "I agree this feels bad," saying that OpenAI had previously offered equity in the company but Musk hadn't wanted it at the time. Altman said the company was happy to offer equity in the future. Musk said it "didn't seem to make sense to me" to hold equity in what should be a nonprofit.
Musk also testified about former OpenAI board member Shivon Zilis, who lives with him, is the mother of four of his children, and served as a senior advisor at Neuralink. He denied that she shared sensitive OpenAI information with him. Court evidence showed Musk had encouraged her to stay close to OpenAI to "keep info flowing" and had approved Neuralink recruiting OpenAI employees, which he defended by saying workers are free to change jobs. "It's a free country," Musk said.

Recap:
Musk Testifies OpenAI Was Created As Nonprofit To Counter Google (Day Two)
Elon Musk and OpenAI CEO Sam Altman Head To Court (Day One)
The Courts

New Sam Bankman-Fried Trial Would Be Huge Waste of Court's Time, Judge Says (arstechnica.com) 38

A federal judge denied Sam Bankman-Fried's request for a new trial, calling his claims of DOJ witness intimidation "wildly conspiratorial" and unsupported by the record. Judge Lewis Kaplan said (PDF) the FTX founder's motion appeared tied to a pre-indictment plan to recast himself as a Republican victim of Biden's DOJ in hopes of gaining sympathy, leniency, or even a Trump pardon. Ars Technica reports: Bankman-Fried was sentenced to 25 years in prison in 2024 for "masterminding one of the largest financial frauds in American history," US District Judge Lewis Kaplan wrote in his order. He was convicted on all charges, including wire fraud, conspiracy to commit securities fraud, commodities fraud, and money laundering. There is already an appeal pending in another court, the judge noted. But Bankman-Fried filed a separate motion for a new trial, claiming that there were "newly discovered" witnesses and evidence that might have helped his defense, if Joe Biden's Department of Justice hadn't intimidated them into refusing to testify or, in one case, lying on the stand.

He also asked for a new judge, wanting Kaplan to recuse himself. However, Kaplan pointed out that "none of the witnesses" were "newly discovered." And more concerningly, Bankman-Fried offered no evidence that the witnesses could prove the "wildly conspiratorial" theory the FTX founder raised, claiming that their absence at the trial was a "product of government threats and retaliation," the judge wrote. Bankman-Fried's theory is "entirely contradicted by the record," Kaplan said. He emphasized that granting Bankman-Fried's request "would be a large waste of judicial resources as it could require another judge to familiarize himself or herself with an extensive and complicated record."

Additionally, all three witnesses that Bankman-Fried claimed could give crucial testimony in his defense were known to him throughout the trial, and he never sought to compel their testimony. And the "self-serving social-media posts" of one witness who now claims that he lied when testifying against Bankman-Fried -- "Ryan Salame, who pleaded guilty" -- must be met with "utmost suspicion," Kaplan said. "If one were to take Salame at his current word, he lied under oath when pleading guilty before this Court," Kaplan wrote. Even if taken seriously, "his out-of-court, unsworn statements could not come anywhere close to clearing the bar to warrant a new trial," Kaplan said, deeming Salame's credibility "highly questionable." Further, "even if these individuals had testified for Bankman-Fried, his protestations that one or more of them would have supported his claims that FTX was not insolvent and that his victims all were compensated fully in the bankruptcy proceedings are inaccurate or misleading," Kaplan concluded.

In the order, Kaplan's frustration seems palpable, as there may have been no need for him to rule on the motion at all after Bankman-Fried requested to withdraw it. But the judge said the ruling was needed after Bankman-Fried waited to file his withdrawal request until after the DOJ and the court wasted time responding and reviewing filings, the judge said. Troublingly, Bankman-Fried's request to withdraw his request without prejudice would have allowed him to potentially request a new trial after the appeal ended. Based on the substance of the filing, that risked wasting future court resources, Kaplan determined. To prevent overburdening the justice system, Kaplan deemed it necessary to deny Bankman-Fried's motion and request for recusal, rather than allow him to withdraw the filing without prejudice.

The Courts

Musk Testifies OpenAI Was Created As Nonprofit To Counter Google (cnbc.com) 83

Elon Musk testified on day two of his trial against OpenAI, saying he helped create the company as a nonprofit counterweight to Google and would not have backed it if the goal had been private profit. CNBC reports: Musk on Tuesday was the first witness called to testify in the trial. He spoke about his upbringing, his many companies, his role in founding OpenAI and his understanding of its structure. Musk said in his testimony that he was not opposed to the creation of a small for-profit subsidiary, "as long as the tail didn't wag the dog." Musk said he was motivated to start OpenAI to serve as a counterweight to Google. He got the idea after an argument he had with Google co-founder Larry Page, who called Musk a "speciesist for being pro-human," he testified. "I could have started it as a for profit and I chose not to," Musk said on the stand.

Earlier, attorneys for Musk and OpenAI presented their opening arguments to the jury. Musk's lead trial lawyer, Steven Molo, delivered the opening statement for the Tesla and SpaceX CEO. OpenAI lawyer William Savitt gave the opening statement for the AI company, Altman and Brockman. OpenAI has characterized Musk's lawsuit as a baseless "harassment campaign." The company said Monday in a post on X that it "can't wait to make our case in court where both the truth and the law are on our side."

During his testimony on Tuesday, Musk repeatedly emphasized that he founded OpenAI to serve as a counterweight to Google. He said he got the idea after an argument about AI safety with Google co-founder Larry Page, who Musk said called him "a speciesist for being pro-human." Musk said he was concerned Page was not taking AI safety seriously, so he wanted there to be an nonprofit, open source alternative to Google. "I could have started it as a for profit and I chose not to," Musk said on the stand.
Further reading: Elon Musk and OpenAI CEO Sam Altman Head To Court
The Almighty Buck

Apple Introduces a Cheaper Option For App Store Subscriptions (techcrunch.com) 9

Apple is adding a new App Store subscription option that lets developers offer lower monthly prices in exchange for a 12-month commitment. "This model will allow developers to offer discounted rates to customers in exchange for more predictable long-term revenue," reports TechCrunch. "This also caters to how many developers have already been marketing their annual subscriptions in their apps." From the report: Often, app developers will display the lower monthly price to highlight the discount the customer would receive if they purchase the annual subscription instead of the monthly option. If the user is on the fence about a longer-term commitment, the notion that they're getting a better deal can help to push them toward the annual option.

Now, Apple is essentially formalizing what these developers were already doing, which allows it to also craft a set of policies around how these subscription offers are to be displayed so as not to mislead customers about the true cost of the deals.

However, the option will not be available to developers in the United States or Singapore at launch. While Apple didn't offer an explanation for this, it's still in App Store litigation in the U.S. around the specifics of the court's ruling in its case with Epic Games around how Apple can charge for subscriptions. Apple likely doesn't want to complicate the matter further until that matter is finalized. Singapore, meanwhile, also has a sophisticated payments market with strong consumer rules, which is why it may have been left out of the initial release.

AI

Google and Pentagon Reportedly Agree On Deal For 'Any Lawful' Use of AI 35

Google has reportedly signed a classified agreement allowing the Pentagon to use its AI models for "any lawful government purpose." While the deal is said to discourage domestic mass surveillance and autonomous weapons without human oversight, it apparently does not give Google the power to block how the government actually uses its models. The Verge reports: The agreement was reported less than a day after Google employees demanded CEO Sundar Pichai block the Pentagon from using its AI amid concerns that it would be used in "inhumane or extremely harmful ways." If the agreement is confirmed, it would place Google alongside OpenAI and xAI, which have also made classified AI deals with the US government. Anthropic was also among that list until it was blacklisted by the Pentagon for refusing the Department of Defense's demands to remove weapon and surveillance-related guardrails from its AI models.

Citing a single anonymous source "with knowledge of the situation," The Information reports that the deal states that both parties have agreed that the search giant's AI systems shouldn't be used for domestic mass surveillance or autonomous weapons "without appropriate human oversight and control." But the contract also says it doesn't give Google "any right to control or veto lawful government operational decision-making," which would suggest the agreed restrictions are more of a pinky promise than legally binding obligations.
The Courts

Supreme Court Hears Case On How To Label Risks of Popular Weed Killer (npr.org) 85

An anonymous reader quotes a report from NPR: A divided U.S. Supreme Court on Monday heard a dispute over labels on the popular Roundup weed killer, which thousands of people blame for their cancers. How the Supreme Court rules could have implications for tens of thousands of lawsuits against Roundup maker Monsanto, which is now owned by Bayer. The case centers on who decides about warning labels on chemicals: the federal government -- or states or juries. [...] The justices will not be evaluating whether glyphosate causes cancer. Rather, they'll consider who should decide what appears on warning labels and whether states have a role to play after the EPA weighs in.

The current U.S. solicitor general backed Monsanto. Sarah Harris, his principal deputy, said the Environmental Protection Agency is in the driver's seat, not anyone in Missouri. "Missouri thus requires adding cancer warnings but federal law requires EPA to approve new warnings and tasks EPA with deciding what label changes would mitigate any health risks," Harris argued. "State law must give way." Several justices, including Brett Kavanaugh, appeared to agree with Monsanto's argument about the need for a single, uniform standard across the country.

But others, like Chief Justice John Roberts, wondered what would happen if the federal government moved more slowly than states did, who wanted to act quickly on information about new dangers. "Well, it does undermine the uniformity," Roberts said. "On the other hand, if it turns out they were right, it might have been good if they had an opportunity to do something, to call this danger to the attention of people while the federal government was going through its process," he said about states.

Justice Ketanji Brown Jackson asked about the emergence of new science, and the EPA's reviews. "There's a 15-year window between when that product has to be re-registered again and lots of things can happen in science, in terms of development about the product," she said. Bayer, which now owns Monsanto, only sells Roundup that contains glyphosate to farmers and businesses these days. Bayer has been pushing to resolve scores of the residential cases through a sweeping settlement, trying to put the costly claims behind it.

The Courts

Elon Musk and OpenAI CEO Sam Altman Head To Court (apnews.com) 125

An anonymous reader quotes a report from the Associated Press: Technology tycoons Elon Musk and Sam Altman are poised to face off in a high-stakes trial revolving around the alleged betrayal, deceit and unbridled ambition that blurred the bickering billionaires' once-shared vision for the development of artificial intelligence. The trial, which started Monday with jury selection, centers on the 2015 birth of ChatGPT maker OpenAI as a nonprofit startup primarily funded by Musk before evolving into a capitalistic venture now valued at $852 billion. The trial's outcome could sway the balance of power in AI -- breakthrough technology that is increasingly being feared as a potential job killer and an existential threat to humanity's survival. Those perceived risks are among the reasons that Musk, the world's richest person, cites for filing an August 2024 lawsuit that will now be decided by a jury and U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California.

The civil lawsuit accuses Altman, OpenAI's CEO, and his top lieutenant, Greg Brockman, of double-crossing Musk by straying from the San Francisco company's founding mission to be an altruistic steward of a revolutionary technology. The lawsuit alleges they shifted into a moneymaking mode behind his back. OpenAI has brushed off Musk's allegations as an unfounded case of sour grapes that's aimed at undercutting its rapid growth and bolstering Musk's own xAI, which he launched in 2023 as a competitor. Gonzalez Rogers questioned potential jurors Monday about their views on Musk, Altman and artificial intelligence. Some jurors said they had negative views of Musk, but most said they would still be able to treat him fairly and focus on the facts of the case. [...] "Part of this is about whether a jury believes the people who will testify and whether they are credible," Gonzalez Rogers said during a court hearing earlier this year while explaining why she believe the case merited a trial. The judge will make the final decision on the case, with the jury serving in an advisory role.
The latest development is that a jury has been seated. During selection, several prospective jurors expressed negative views of Elon Musk, but Judge Yvonne Gonzalez Rogers rejected attempts by Musk's lawyer to remove some of them solely on that basis, saying dislike of Musk does not automatically mean someone can't be fair.

The court is selecting nine jurors, and the case is expected to wrap by May 21, when it would go to the jury. Tomorrow, April 28th, will feature opening statements.
The Courts

Supreme Court Reviews Police Use of Cell Location Data To Find Criminals (nytimes.com) 38

An anonymous reader quotes a report from the New York Times: When the Call Federal Credit Union outside Richmond, Va., was robbed at gunpoint in 2019, the suspect took $195,000 from the bank's vault and fled before the police arrived. A detective interviewed witnesses and reviewed the bank's security footage. But with no leads, the officer relied on a so-called geofence warrant to sweep up location data from all the cellphones in the vicinity of the bank for the 30 minutes before and after the robbery. The data he gathered eventually led to the identification and conviction of Okello T. Chatrie, now 31, a Jamaican immigrant who came to the United States in 2017.

Geofence searches have become increasingly popular as a tool for law enforcement, but critics say they put at risk the personal data of everyday Americans and violate the Constitution. Mr. Chatrie challenged the use of a geofence warrant in his conviction, in a case that will be heard by the Supreme Court on Monday. The justices will examine how the Constitution's traditional protections apply to rapidly changing technology that has made it easier for the police to scoop up vast amounts of data to assemble a detailed look at a person's movements and activities.

It has been eight years since the court last took up a major Fourth Amendment case involving the expectations of privacy for the millions of people carrying cellphones in the digital age. In that 2018 case, the court ruled that the government generally needs a warrant to collect location data drawn from cell towers about the customers of cellphone companies. The court has also limited the government's ability to use GPS devices to track suspects' movements, and it has required that law enforcement get a warrant to search individual cellphones. In Mr. Chatrie's case, the government did obtain a warrant, but one that his legal team said was overly broad, violating Fourth Amendment protections against unreasonable searches.

Crime

Bank Robber Challenges Conviction Based on His Cellphone's Location Data (apnews.com) 131

An anonymous reader shared this report from the Associated Pres: Okello Chatrie's cellphone gave him away. Chatrie made off with $195,000 from the bank he robbed in suburban Richmond, Virginia, and eluded the police until they turned to a powerful technological tool that erected a virtual fence and allowed them collect the location history of cellphone users near the crime scene... Now the Supreme Court will decide whether geofence warrants violate the Fourth Amendment's ban on unreasonable searches... Chatrie's appeal is one of two cases being argued Monday...

Civil libertarians say that geofences amount to fishing expeditions that subject many innocent people to searches of private records merely because their cellphones happened to be in the vicinity of a crime. A Supreme Court ruling in favor of the technique could "unleash a much broader wave of similar reverse searches," law professors who study digital surveillance wrote the court... In Chatrie's case, the geofence warrant invigorated an investigation that had stalled. After determining that Chatrie was near the Call Federal Credit Union in Midlothian around the time it was robbed in May 2019, police obtained a search warrant for his home. They found nearly $100,000 in cash, including bills wrapped in bands signed by the bank teller. He pleaded guilty and was sentenced to nearly 12 years in prison. Chatrie's lawyers argued on appeal that none of the evidence should have been used against him. They challenged the warrant as a violation of his privacy because it allowed authorities to gather the location history of people near the bank without having any evidence they had anything to do with the robbery.

Prosecutors argued that Chatrie had no expectation of privacy because he voluntarily opted into Google's location history. A federal judge agreed that the search violated Chatrie's rights, but allowed the evidence to be used because the officer who applied for the warrant reasonably believed he was acting properly.

Government

Privacy Advocate Accuses US Government of Investing in AI-Powered Mass Surveillance (theconversation.com) 25

The Conversation published this warning from privacy/tech law/electronic surveillance attorney Anne Toomey McKenna (also an affiliated faculty member at Penn State's Institute for Computational and Data Sciences). The U.S. government "is able to purchase Americans' sensitive data because the information it buys is not subject to the same restrictions as information it collects directly. The federal government is also ramping up its abilities to directly collect data through partnerships with private tech companies. These surveillance tech partnerships are becoming entrenched, domestically and abroad, as advances in AI take surveillance to unprecedented levels... " Congressional funding is supercharging huge government investments in surveillance tech and data analytics driven by AI, which automates analysis of very large amounts of data. The massive 2025 tax-and-spending law netted the Department of Homeland Security an unprecedented US$165 billion in yearly funding. Immigration and Customs Enforcement, part of DHS, got about $86 billion. Disclosure of documents allegedly hacked from Homeland Security reveal a massive surveillance web that has all Americans in its scope. DHS is expanding its AI surveillance capabilities with a surge in contracts to private companies. It is reportedly funding companies that provide more AI-automated surveillance in airports; adapters to convert agents' phones into biometric scanners; and an AI platform that acquires all 911 call center data to build geospatial heat maps to predict incident trends. Predicting incident trends can be a form of predictive policing, which uses data to anticipate where, when and how crime may occur...

Meanwhile, the Trump administration's national policy framework for artificial intelligence, released on March 20, 2026, urges Congress to use grants and tax incentives to fund "wider deployment of AI tools across American industry" and to allow industry and academia to use federal datasets to train AI. Using federal datasets this way raises privacy law concerns because they contain a lifetime of sensitive details about you, including biographical, employment and tax information....

The author argues that it's now critical for Americans to know "why the laws you might think are protecting your data do not apply or are ignored." On March 18, 2026, FBI Director Kash Patel confirmed to Congress that the FBI is buying Americans' data from data brokers, including location histories, to track American citizens.... But in buying your data in bulk on the commercial market, the government is circumventing the Constitution, Supreme Court decisions and federal laws designed to protect your privacy from unwarranted government overreach... Supreme Court cases require police to get a warrant to search a phone or use cellular or GPS location information to track someone. The Electronic Communications Privacy Act's Wiretap Act prohibits unauthorized interception of wire, oral and electronic communications.

Despite some efforts, Congress has failed to enact legislation to protect data privacy, the use of sensitive data by AI systems or to restore the intent of the Electronic Communications Privacy Act. Courts have allowed the broad electronic privacy protections in the federal Wiretap Act to be eviscerated by companies claiming consent. In my opinion, the way to begin to address these problems is to restore the Wiretap Act and related laws to their intended purposes of protecting Americans' privacy in communications, and for Congress to follow through on its promises and efforts by passing legislation that secures Americans' data privacy and protects them from AI harms.

Thanks to long-time Slashdot reader sinij for sharing the article.
Crime

US Special Forces Soldier Arrested For Polymarket Bets On Maduro Raid (wired.com) 71

An anonymous reader quotes a report from Wired: The Department of Justice announced Thursday that it arrested Gannon Ken Van Dyke, an enlisted member of the US Army's special forces, for allegedly using "classified, nonpublic" information about the capture of Venezuelan president Nicolas Maduro to notch more than $400,000 in profits on Polymarket trades. A grand jury indicted him on five counts, including multiple violations of the Commodity Exchange Act. Van Dyke is the first person to be charged with insider trading on a prediction market in the United States. Lawmakers have been voicing concerns for months about the high likelihood that politicians and public servants could use nonpublic information to profit from trades on leading industry platforms like Polymarket and Kalshi, which have exploded in popularity over the past year. The arrest comes just weeks after Department of Justice prosecutors met with Polymarket about potential insider tradition violations. [...] After Van Dyke's arrest was made public, Polymarket posted a statement to social media noting that it had "identified a user trading on classified government information" and "referred the matter to the DOJ & cooperated with their investigation." The company declined to comment further.

According to court documents, Van Dyke has been an active duty US soldier since September 2008 and rose to the level of master sergeant in 2023. At the time of the alleged trading activity, he was stationed at Fort Bragg in Fayetteville, North Carolina and assigned to the Army's Special Operations Command Western Hemisphere Operations. [...] The complaint alleges that Van Dyke was involved in the planning and execution of Maduro's arrest and that he was aware that he wasn't authorized to share nonpublic information about US military operations. The complaint says that Van Dyke signed a nondisclosure agreement that forbade him from revealing sensitive or classified government information "by writing, word, conduct, or otherwise." The complaint also alleges Van Dyke saved a screenshot to his Google account "displaying the results of an artificial intelligence query" outlining how the US Special Forces maintains many classified files including "operational details that are not available to the public." [...] Van Dyke faces a maximum sentence of 60 years if convicted on all counts.

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