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Disney abandons Disney+ arbitration defense in restaurant allergy death case

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Enlarge (credit: Getty Images | Gary Hershorn )

Disney said it is abandoning its motion to compel arbitration in a case filed by a man who alleges his wife died from anaphylaxis after a restaurant at a Disney complex failed to honor requests for allergen-free food.

Disney's motion to compel arbitration controversially cited the Disney+ streaming service's subscriber agreement, which includes a binding arbitration clause. The plaintiff's lawyer called the argument "absurd."

Disney confirmed this week that it will withdraw the motion, which it filed on May 31.

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Texas judge who bought Tesla stock won’t recuse himself from X v. Media Matters

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Enlarge (credit: Getty Images | SimpleImages)

A federal judge who bought more than $15,000 worth of Tesla stock has rejected a motion that could have forced him to recuse himself from a lawsuit that Elon Musk's X Corp. filed against the nonprofit Media Matters for America.

US District Judge Reed O'Connor of the Northern District of Texas bought Tesla stock valued between $15,001 and $50,000 in 2022, a financial disclosure report shows. He was overseeing two lawsuits filed by X and recused himself from only one of the cases.

Media Matters argued in a July court filing that Tesla should be disclosed by X as an "interested party" in the case because of the public association between Musk and the Tesla brand. O'Connor rejected the Media Matters motion in a ruling issued Friday.

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Court blocks net neutrality, says ISPs are likely to win case against FCC

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Enlarge / Federal Communication Commission Chairwoman Jessica Rosenworcel, then a commissioner, rallies against repeal of net neutrality rules in December 2017. (credit: Getty Images | Chip Somodevilla)

The Federal Communications Commission's hopes of enforcing net neutrality rules was dealt a major setback last week. A panel of appeals court judges blocked the regulations on Thursday in a ruling that said broadband providers are likely to win the case on the merits.

The US Court of Appeals for the 6th Circuit previously issued an administrative stay that delayed enforcement of the rules for a few weeks, which didn't necessarily indicate much about the judges' view of the lawsuit. But on Thursday, the judges issued an order that stays the net neutrality rules until the court makes a final ruling, and judges made it clear they believe the Internet service providers have a stronger case than the FCC.

"Because the broadband providers have shown that they are likely to succeed on the merits and that the equities support them, we grant the stay," a panel of three judges wrote in the unanimous ruling.

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AT&T can’t hang up on landline phone customers, California agency rules

AT&T can’t hang up on landline phone customers, California agency rules

Enlarge (credit: Getty Images | Joe Raedle )

The California Public Utilities Commission (CPUC) yesterday rejected AT&T's request to end its landline phone obligations. The state agency also urged AT&T to upgrade copper facilities to fiber instead of trying to shut down the outdated portions of its network.

AT&T asked the state to eliminate its Carrier of Last Resort (COLR) obligation, which requires it to provide landline telephone service to any potential customer in its service territory. A CPUC administrative law judge recommended rejection of the application last month, and the commission voted to dismiss AT&T's application with prejudice on Thursday.

"Our vote to dismiss AT&T's application made clear that we will protect customer access to basic telephone service... Our rules were designed to provide that assurance, and AT&T's application did not follow our rules," Commissioner John Reynolds said in a CPUC announcement.

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ISPs ask FCC for tax on Big Tech to fund broadband networks and discounts

Illustration of $100-dollar bills being sucked into a broadband network.

Enlarge (credit: Getty Images | Aurich Lawson)

Internet service providers are again urging the Federal Communications Commission to impose new fees on Big Tech firms and use the money to subsidize broadband network deployment and affordability programs. If approved, the request would force Big Tech firms to pay into the FCC's Universal Service Fund (USF), which in turn distributes money to broadband providers.

The request was made on June 6 by USTelecom, a lobby group for AT&T, Verizon, CenturyLink/Lumen, and smaller telcos. USTelecom has made similar arguments before, but its latest request to the FCC argues that the recent death of a broadband discount program should spur the FCC to start extracting money from Big Tech.

"Through focusing on the Big Tech companies who benefit most from broadband connectivity, the Commission will fairly allocate the burden of sustaining USF," USTelecom wrote in the FCC filing last week.

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Twitter URLs redirect to x.com as Musk gets closer to killing the Twitter name

An app icon and logo for Elon Musk's X service.

Enlarge (credit: Getty Images | Kirill Kudryavtsev)

Twitter.com links are now redirecting to the x.com domain as Elon Musk gets closer to wiping out the Twitter brand name over a year and half after buying the company.

"All core systems are now on X.com," Musk wrote in an X post today. X also displayed a message to users that said, "We are letting you know that we are changing our URL, but your privacy and data protection settings remain the same."

Musk bought Twitter in October 2022 and turned it into X Corp. in April 2023, but the social network continued to use Twitter.com as its primary domain for more than another year. X.com links redirected to Twitter.com during that time.

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Big Three carriers pay $10M to settle claims of false “unlimited” advertising

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Enlarge (credit: Verizon)

T-Mobile, Verizon, and AT&T will pay a combined $10.2 million in a settlement with US states that alleged the carriers falsely advertised wireless plans as "unlimited" and phones as "free." The deal was announced yesterday by New York Attorney General Letitia James.

"A multistate investigation found that the companies made false claims in advertisements in New York and across the nation, including misrepresentations about 'unlimited' data plans that were in fact limited and had reduced quality and speed after a certain limit was reached by the user," the announcement said.

T-Mobile and Verizon agreed to pay $4.1 million each while AT&T agreed to pay a little over $2 million. The settlement includes AT&T subsidiary Cricket Wireless and Verizon subsidiary TracFone.

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US Cellular is for sale, reportedly could be “carved up” by major carriers

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Enlarge (credit: Getty Images | SOPA Images )

T-Mobile is reportedly close to buying a portion of the regional carrier US Cellular, while Verizon has also held talks about buying some of US Cellular's assets. "T-Mobile is closing in on a deal to buy a chunk of the regional carrier for more than $2 billion, taking over some operations and wireless spectrum licenses, according to people familiar with the matter," The Wall Street Journal reported yesterday.

When contacted by Ars today, T-Mobile said it doesn't "comment on rumors and speculation." US Cellular also said it doesn't "comment on rumors or speculation."

T-Mobile is one of just three major nationwide carriers. There were four until T-Mobile bought Sprint in 2020. T-Mobile also completed an acquisition of prepaid carrier Mint Mobile less than two weeks ago.

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AT&T announces $7 monthly add-on fee for “Turbo” 5G speeds

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Enlarge (credit: Getty Images | Bloomberg)

AT&T is now charging mobile customers an extra $7 per month for faster wireless data speeds. AT&T says the Turbo add-on, available starting today, is "built to support high-performance mobile applications, like gaming, social video broadcasting and live video conferencing, with optimized data while customers are on the go."

While Turbo "boosts all the high-speed and hotspot data on a user's connection," AT&T said the difference will be more noticeable for certain kinds of applications. For example, gaming applications using Turbo will experience "less freezing or stuttering and lower latency," AT&T said.

The $7 charge is for each line. Adding Turbo to multiple lines on the same account requires paying the extra fee for each line. AT&T said that Turbo lets users "optimize their plan's high-speed (premium) and hotspot data allotments" and provides better data performance "even during busy times on the network."

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China orders Apple to remove Meta apps after “inflammatory” posts about president

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Enlarge / An Apple Store in Shanghai, China, on April 11, 2024. (credit: CFOTO/Future Publishing via Getty Images)

Apple said it complied with orders from the Chinese government to remove the Meta-owned WhatsApp and Threads from its App Store in China. Apple also removed Telegram and Signal from China.

"We are obligated to follow the laws in the countries where we operate, even when we disagree," Apple said in a statement quoted by several news outlets. "The Cyberspace Administration of China ordered the removal of these apps from the China storefront based on their national security concerns. These apps remain available for download on all other storefronts where they appear."

The Wall Street Journal paraphrased a person familiar with the matter as saying that the Chinese cyberspace agency "asked Apple to remove WhatsApp and Threads from the App Store because both contain political content that includes problematic mentions of the Chinese president [Xi Jinping]."

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Tesla drivers who sued over exaggerated EV range are forced into arbitration

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Enlarge / Tesla Superchargers. (credit: Getty Images | NurPhoto )

Tesla drivers who say the carmaker "grossly" exaggerated the ranges of its electric vehicles have lost their attempt to sue Tesla as a class. They will have to pursue claims individually in arbitration, a federal judge ruled yesterday.

Two related lawsuits were filed after a Reuters investigation last year found that Tesla consistently exaggerated the driving range of its electric vehicles, leading car owners to think something was broken when the actual driving range was much lower than advertised. Tesla reportedly created a "Diversion Team" to handle these complaints and routinely canceled service appointments because there was no way to improve the actual distance Tesla cars could drive between charges.

Several Tesla drivers sued in US District Court for the Northern District of California, seeking class-action status to represent buyers of Tesla cars.

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US lawmakers vote 50-0 to force sale of TikTok despite angry calls from users

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Enlarge (credit: Getty Images | Bloomberg)

The House Commerce Committee today voted 50-0 to approve a bill that would force TikTok owner ByteDance to sell the company or lose access to the US market.

The Protecting Americans from Foreign Adversary Controlled Applications Act "addresses the immediate national security risks posed by TikTok and establishes a framework for the Executive Branch to protect Americans from future foreign adversary controlled applications," a committee memo said. "If an application is determined to be operated by a company controlled by a foreign adversary—like ByteDance, Ltd., which is controlled by the People's Republic of China—the application must be divested from foreign adversary control within 180 days."

If the bill passes in the House and Senate and is signed into law by President Biden, TikTok would eventually be dropped from app stores in the US if its owner doesn't sell. It also would lose access to US-based web-hosting services.

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Tesla must face racism class action from 6,000 Black workers, judge rules

Aerial view of a Tesla factory shows a giant Tesla logo on the side of the building, and a parking lot filled with cars.

Enlarge / Tesla factory in Fremont, California, on September 18, 2023. (credit: Getty Images | Justin Sullivan )

Tesla must face a class-action lawsuit from nearly 6,000 Black people who allege that they faced discrimination and harassment while working at the company's Fremont factory, a California judge ruled.

The tentative ruling from Alameda County Superior Court "certifies a class defined as the specific approximately 5,977 persons self-identified as Black/African-American who worked at Tesla during the class period from November 9, 2016, through the date of the entry of this order to prosecute the claims in the complaint."

The tentative ruling was issued Tuesday by Judge Noël Wise. Tesla can contest the ruling at a hearing on Friday, but tentative rulings are generally finalized without major changes.

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Twitter security staff kept firm in compliance by disobeying Musk, FTC says

Elon Musk sits on stage while being interviewed during a conference.

Enlarge / Elon Musk at the New York Times DealBook Summit on November 29, 2023, in New York City. (credit: Getty Images | Michael Santiago )

Twitter employees prevented Elon Musk from violating the company's privacy settlement with the US government, according to Federal Trade Commission Chair Lina Khan.

After Musk bought Twitter in late 2022, he gave Bari Weiss and other journalists access to company documents in the so-called "Twitter Files" incident. The access given to outside individuals raised concerns that Twitter (which is currently named X) violated a 2022 settlement with the FTC, which has requirements designed to prevent repeats of previous security failures.

Some of Twitter's top privacy and security executives also resigned shortly after Musk's purchase, citing concerns that Musk's rapid changes could cause violations of the settlement.

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Court blocks $1 billion copyright ruling that punished ISP for its users’ piracy

A man, surrounded by music CDs, uses a laptop while wearing a skull-and-crossbones pirate hat and holding one of the CDs in his mouth.

Enlarge (credit: Getty Images | OcusFocus)

A federal appeals court today overturned a $1 billion piracy verdict that a jury handed down against cable Internet service provider Cox Communications in 2019. Judges rejected Sony's claim that Cox profited directly from copyright infringement committed by users of Cox's cable broadband network.

Appeals court judges didn't let Cox off the hook entirely, but they vacated the damages award and ordered a new damages trial, which will presumably result in a significantly smaller amount to be paid to Sony and other copyright holders. Universal and Warner are also plaintiffs in the case.

"We affirm the jury's finding of willful contributory infringement," said a unanimous decision by a three-judge panel at the US Court of Appeals for the 4th Circuit. "But we reverse the vicarious liability verdict and remand for a new trial on damages because Cox did not profit from its subscribers' acts of infringement, a legal prerequisite for vicarious liability."

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Musk claims Neuralink patient doing OK with implant, can move mouse with brain

A person's hand holidng a brain implant device that is about the size of a coin.

Enlarge / A Neuralink implant. (credit: Neuralink)

Neuralink co-founder Elon Musk said the first human to be implanted with the company's brain chip is now able to move a mouse cursor just by thinking.

"Progress is good, and the patient seems to have made a full recovery, with no ill effects that we are aware of. Patient is able to move a mouse around the screen by just thinking," Musk said Monday during an X Spaces event, according to Reuters.

Musk's update came a few weeks after he announced that Neuralink implanted a chip into the human. The previous update was also made on X, the Musk-owned social network formerly named Twitter.

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