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Amazon asks court to dismiss FTC lawsuit that accuses it of ‘monopolistic practices’

Amazon filed a motion on Friday in the Western Washington district court asking a judge to dismiss the Federal Trade Commission’s (FTC) antitrust lawsuit against it. The FTC along with 17 state attorneys general sued Amazon in September, alleging the company uses monopolistic practices that are unfair to both its competitors and consumers. Amazon is now arguing that the FTC did not provide evidence that its practices have driven up prices or harmed consumers, according to Bloomberg. The FTC’s lawsuit claims Amazon uses illegal tactics to crush its competition — like punishing sellers who list their products for better prices elsewhere by burying them in search results, and coercing sellers into using Amazon’s own fulfillment service by tying it to Prime eligibility. It also accuses Amazon of inflating prices from 2016-2018 using an algorithmic tool codenamed Project Nessie. These increases added up to more than $1 billion, according to the suit. In Amazon’s motion for dismissal, per AP, Amazon said it’s only engaging in “common retail practices” that “benefit consumers and are the essence of competition.” Amazon attorney Heidi Hubbard wrote that the suit “implausibly, and illogically, assumes that Amazon’s efforts to keep featured prices low on Amazon somehow raised consumer prices...
Alan Wake 2 to dispatch a new game plus mode on December 11

Alan Wake 2 won big at last night’s The Game Awards and the developer wasted no time to capitalize on that momentum. Remedy just announced that the game is getting free DLC next week, December 11, in the form of a New Game Plus mode. This has been a long-requested feature for fans of the title. Well, if by long-requested you mean within the past two months.
Alan Wake 2: The Final Draft will include a brand-new ending for the story, though you must first beat the game in the traditional way to access it. Remedy says this ending will “spark speculation and theories from dedicated fans.” The updates go beyond the last act, however, as The Final Draft will feature new lore videos and manuscript pages and, of course, tougher enemies. These enemies will populate a new Nightmare difficulty level. The baddies in the original game were already notorious bullet sponges, so we’ll see what happens with the DLC. Once you beat the game, you’ll be able to access New Game Plus. Also, you’ll have all of your weapons, charms and character upgrades from the first playthrough.
Alan Wake 2: The Final Draft will be available on all platforms, including PS5, Xbox...
Controversial AI image platform Civitai dropped by its cloud computing provider after reports of possible CSAM

OctoML says it has ended its business relationship with Civitai days after an investigation by 404 Media revealed the text-to-image platform was being used to generate images that “could be categorized as child pornography.” Civitai previously relied on OctoML’s OctoAI for image generation. While OctoML initially indicated it would continue working with Civitai and introduced new measures to curb the creation of harmful images, 404 Media reported on Saturday that it has now decided to cut ties with the platform altogether. According to 404 Media’s December 5 report, internal communications showed that OctoML was aware some Civitai users were creating sexually explicit material that included nonconsensual images of real people and pornographic depictions of children. In a followup report this weekend, the publication noted that OctoML rolled out a filter to block the generation of all NSFW content on Civitai before announcing its decision to pull out. Civitai also added new moderation methods in response to the investigation earlier this week, including a mandatory embedding called Civitai Safe Helper (Minor) that bars the model from generating images of children if “a mature theme or keyword is detected,” according to 404. Andreessen Horowitz-backed Civitai has previously come under scrutiny for its “bounties” feature that...
CRISPR-based gene editing therapy approved by the FDA for the first time

In a landmark decision, the FDA greenlit two new drugs for the treatment of sickle cell disease in patients 12 and older, one of which —Vertex’s drug Casgevy — is the first approved use of genome editing technology CRISPR in the US. Bluebird Bio’s Lyfgenia also is a cell-based gene therapy, however, it uses a different gene modification technique to deliver tweaked stem cells to the patient. Both approvals cultivate new pathways for the treatment of sickle cell disease, which is an inherited blood disorder that is characterized by red blood cells that can’t properly carry oxygen, which leads to painful vaso-occlusive crises (VOCs) and organ damage. The disease is particularly common among African Americans and, to a lesser extent, among Hispanic Americans. Bone marrow transplants are currently the only cure for sickle cell disease, but they require well-matched donors and often involve complications. #Breaking: The U.S. FDA approves our treatment for #SickleCellDisease. We are excited to make this treatment available to patients. Learn more: https://t.co/9k3p4c7Kyv pic.twitter.com/c5yeqvvv6n— Vertex Pharmaceuticals (@VertexPharma) December 8, 2023 While both drug approvals use gene editing techniques, Casgevy’s CRISPR/Cas9 genome editing works by cutting out or splicing in DNA in select areas. Patients first have blood drawn...
Beeper Mini team says a fix is ‘coming soon’ and promises to extend users’ free trials

The Beeper Mini team has apparently been working around the clock to resolve the outage affecting the new “iMessage on Android” app, and says a fix is “very close.” And once the fix rolls out, users’ seven-day free trials will be reset so they can start over fresh. Beeper Mini was released earlier this week, and seemed an especially promising entrant due to its unique approach to bridging the iMessage-Android gap. The app, reportedly the result of a 16-year-old’s work to reverse-engineer iMessage, routes messages directly through Apple’s own servers, making it more secure than some of the other options out there. But, only days after its release, Beeper Mini users on Friday found that they could no longer send and receive messages, sparking questions about whether Apple intervened and put a stop to it. In an update posted on social media, the team said it’s deregistered users’ phone numbers from iMessage while it works to fix the issue. That may not be the end of the immediate headaches caused by the outage, though. “Annoyingly, the iPhone Messages app ‘remembers’ that you were a blue bubble for 6-24 hours before falling back to SMS,” the Beeper Mini team wrote, “so it’s...
Beeper Mini’s iMessage integration is on the fritz

Beeper Mini, the chat app that reverse-engineered Apple’s iMessage for Android, is having problems. 9to5Google reported Friday the entire Beeper platform is seemingly broken right now, leading to the obvious speculation that Apple has stomped on the bootleg iMessage workaround. Beeper posted on X that it’s “investigating reports that sending/receiving is not working in
Beeper Mini.” Engadget contacted Beeper co-founder Eric Migicovsky by email to ask whether the outage could have been triggered on Apple’s end, and he suggested it’s possible. “We had overwhelming interest and excitement in
Beeper Mini this week!” Migicovsky wrote to Engadget. “As I tweeted,
Beeper Mini is experiencing an outage — sending and receiving is not working right now.” “If it's Apple, then I think the biggest question is — if Apple truly cares about the privacy and security of their own iPhone users, why would they try to kill a service that enables iPhones to send encrypted chats to Android users?” the founder and former Pebble CEO wrote to Engadget. “With their announcement of RCS support, it's clear that Apple knows they have a gaping hole here.
Beeper Mini is here today and works great. Why force iPhone users back to sending unencrypted SMS when they...
Fortnite Festival tries to bring back the heyday of music gaming

Between Fortnite’s propensity for big-name concerts and Epic’s purchase of Harmonix two years ago, the inclusion of some kind of music-making feature in the game was inevitable. What Epic is releasing today is actually far grander: an entirely new mode called Fortnite Festival, a social space where players can team up to perform their favorite songs or jam together on new mixes. There are two options, or stages, for users to play in the new mode. The main stage, or championship stage, is basically the Rock Band experience recreated inside Fortnite. You’ll form a band with friends and choose a song to perform. Then you play the song using the standard music game format where notes slide down vertical bars, hitting the correct button when the note reaches the bottom. Players can, of course, hear the song as they play it, which can be embarrassing if you’re not that good. Each performer earns points, which in turn leads to XP and character progression in the greater Fortnite ecosystem. While the main stage may be old-hat to anyone present during the zenith of music games in the 2000s, the jam stage draws from Harmonix’s more recent (and less popular) mixing titles, Dropmix and...
The Morning After: Battle of the chatbots, part two

Good morning. Do you want this customized PS5? You'll have to work the sunset years of your career at Sony then. That is, apparently, the only way. I'm also taking bets on which chatbot will be the chatbot we all depend on. It's like Yahoo (our parent company) or Google or Facebook. Who's going to get there first? This week's YouTube-coated cry for help features two of the biggest chatbot competitors, Google and Microsoft. And some Engadget editorial team in-fighting. This week: Google’s Gemini is the biggest threat yet to ChatGPT Microsoft upgrades its chatbot, too Lenovo’s huge handheld PC is here And read this: Researchers have made an under-the-skin implant to treat Type 1 diabetes. The new implantable device could change the way Type 1 diabetics receive insulin without the need for needles or pumps. A thread-like implant is an “islet device” derived from the cells that produce insulin in our bodies naturally. This secretes insulin through islet cells that form around it, while also receiving nutrients and oxygen from blood vessels to stay alive. However, the devices eventually need to be removed, so researchers are still working to extend their longevity before testing the devices, eventually, in patients. No sassy quip here –...
The EU has reached a historic regulatory agreement over AI development

Following a marathon 72-hour debate, European Union legislators Friday have reached a historic deal on its expansive AI Act safety development bill, the broadest-ranging and far-reaching of its kind to date, reports The Washington Post. Details of the deal itself were not immediately available. "This legislation will represent a standard, a model, for many other jurisdictions out there," Dragoș Tudorache, a Romanian lawmaker co-leading the AI Act negotiation, told The Washington Post, "which means that we have to have an extra duty of care when we draft it because it is going to be an influence for many others." Deal!#AIAct pic.twitter.com/UwNoqmEHt5— Thierry Breton (@ThierryBreton) December 8, 2023 The proposed regulations would dictate the ways in which future machine learning models could be developed and distributed within the trade bloc, impacting their use in applications ranging from education to employment to healthcare. AI development would be split between four categories depending on how much societal risk each potentially poses — minimal, limited, high, and banned. Banned uses would include anything that circumvents the user's will, targets protected social groups or provides real-time biometric tracking (like facial recognition). High risk uses include anything "intended to be used as a safety component of a product,” or...
The FTC is reportedly looking into Microsoft’s $13 billion OpenAI investment

OpenAI’s recent drama hasn’t only caught UK regulators’ attention. Bloomberg reported Friday that the Federal Trade Commission (FTC) is looking into Microsoft’s investment in the Sam Altman-led company and whether it violates US antitrust laws. FTC Chair Lina Khan wrote in a New York Times op-ed earlier this year that “the expanding adoption of AI risks further locking in the market dominance of large incumbent technology firms.” Bloomberg’s report stresses that the FTC inquiry is preliminary, and the agency hasn’t opened a formal investigation. But Khan and company are reportedly “analyzing the situation and assessing what its options are.” One complicating factor for regulation is that OpenAI is a non-profit, and transactions involving non-corporate entities aren’t required by law to be reported. In addition, Microsoft’s $13 billion investment doesn’t technically give it control over OpenAI in the eyes of the law, another factor in determining what action a governmental agency might be able to take. However, the recent ousting and re-hiring of Altman — and the integral role Microsoft played in reverting those chess pieces to its preferred positions — suggests the lack of control over the nonprofit is more a technicality than the relationship’s underlying essence. OpenAI CEO Sam Altman (left) and...

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