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Defective Macs 'Knowingly Sold By Apple' In Stage Light Case - 9To5Mac:
A federal judge has ruled that Apple is assumed* to have knowingly sold defective Macs, in response to an application for a class action lawsuit against the company. The lawsuit is over the MacBook Pro “stage light” fault, in which the backlight takes on the appearance of stage lighting at the bottom of the screen before later failing completely.
*Update: Legal commentators have pointed out that the judge has not ruled that Apple did so, but in deciding that there is merit to the case, he in law assumes the allegations to be true.
The judge said the court would also consider allegations that Apple deleted forum posts complaining about the issue …
Apple at first denied warranty repairs on affected machines, before creating a Display Backlight Service Program to address it in the 13-inch model, but excluded the 15-inch model. The plaintiffs in the class action suit allege that Apple continued to sell 15-inch models that it knew were prone to this fault, without warning consumers.
[...] U.S. District Judge Edward Davila determined that the consumers’ allegations of Apple conducting intensive pre-release testing, which the consumers say was conducted by a team of “reliability engineers” who carried out stress tests and other procedures that would have alerted Apple to defects behind the display failures, sufficiently demonstrate that Apple was aware of the alleged defect.
[...] “The court finds that the allegations of pre-release testing in combination with the allegations of substantial customer complaints are sufficient to show that Apple had exclusive knowledge of the alleged defect,” the judge wrote in his opinion.
NASA Says There Are Still Easter Eggs on Its Mars Rover That Nobody Has Discovered:
NASA has been hinting that it hid two more Easter eggs on the Perseverance rover it’s currently steering around the surface of Mars — and that nobody has spotted them yet.
The space agency posted a few clues on Twitter, urging followers to investigate and uncover them before a big, on-theme Easter reveal this upcoming Sunday. NASA says that both hidden surprises can be seen in Perseverance’s collection of raw images. But because there are over 16,500 of those online, you may also need the hints that NASA has been dropping on Twitter throughout the week.
[...] “Hint on Easter egg #1: every vehicle has one. Hint on Easter egg #2: it’s in our nature,” NASA tweeted on Wednesday. On Friday, NASA followed up to mention that the second one is “‘wheely’ tricky to spot,” so, you know, do with that what you will.
Happy hunting!
Uber ordered to pay $1.1m to blind woman refused rides:
Uber has been ordered to pay $1.1m (£795,000) to a blind woman who was refused rides on 14 occasions.
Lisa Irving said on some occasions, drivers were verbally abusive, or harassed her about transporting her guide dog, Bernie, in the car. One driver allegedly cut her trip short after falsely claiming to have arrived at her destination.
An independent arbitrator ruled Uber's drivers had illegally discriminated against her due to her condition. It rejected Uber's claim that the company itself was not liable, because, it argued, its drivers had the status of contractors rather than employees.
Mrs Irving, from San Francisco, said she had worried about her safety after being stranded multiple times late at night due to being rejected by drivers. She also alleged that cancelled rides also led to her being late for work, which contributed to her being fired from her job. The behaviour from drivers continued despite her complaining to Uber, she said.
[...] "I'm sorry it came to this," Mrs Irving told the San Francisco Chronicle newspaper. "I would have preferred that my civil rights be respected. But it sends a strong message that this is not acceptable."
What kind of lowlife . . .
Quantum Motion unveils 9-second silicon qubit
Quantum Motion, a four-year-old UK-based startup is today announcing a quantum computing breakthrough, demonstrating that a stable qubit can be created on a standard silicon chip, similar to those used in smartphones.
[...] Even chipmaker Intel, which is testing a similar silicon-based approach in collaboration with Delft-based startup QuTech, talks about times of 1 second — and this is several orders of magnitude longer than what has been achieved by quantum companies using the superconducting approach.
[...] But more importantly, if the silicon approach works, the quantum computer industry would not have to build a new set of chip foundries — they could use the infrastructure that is already there. It would also be easier to combine quantum and classic computers if both use the same silicon chip and transistor architecture.
[...] Some of the quantum computing technologies may also be quite bulky when you scale up to multiple thousands of qubits. But in theory, a million of Quantum Motion's electron-spin qubits could be packed onto a 1cm square chip. You would still need the elaborate chandelier-like refrigerator to keep the chips at a fraction of a kelvin above absolute zero, but just one such refrigerator — similar in size to a server rack — can hold many chips.
Also at TechRadar.
Journal Reference:
Virginia N. Ciriano-Tejel, Michael A. Fogarty, Simon Schaal, et al. Spin Readout of a CMOS Quantum Dot by Gate Reflectometry and Spin-Dependent Tunneling [open], PRX Quantum (DOI: 10.1103/PRXQuantum.2.010353)
Amazon colluded with publishers to fix book prices, class-action suit alleges:
A small independent bookstore filed a class-action lawsuit against Amazon last week, alleging that the e-commerce giant colluded with the five major book publishers to fix wholesale prices and block other sellers "from competing on price or product availability."
The suit [(pdf)] seeks to compensate independent booksellers for Amazon's and publishers' practices and put an injunction on the alleged anticompetitive practices. The named plaintiff is Bookends and Beginnings, a physical and online bookstore located in Evanston, Illinois, just north of Chicago. Amazon, which got its start selling books during the dot-com boom, has dominated the retail book market in recent years, selling an estimated 90 percent of all e-books and over 40 percent of physical books.
[...] The class-action lawsuit seeks unspecified damages to compensate booksellers. In previous years, book publishers have paid tens of millions of dollars to settle price-fixing lawsuits, and Apple paid $450 million in a settlement after its appeal to the Supreme Court was denied.
LBRY, an MIT-licensed, decentralized protocol competing against the likes of YouTube, has an accompanying cryptocurrency. After a three year investigation, the SEC is now suing LBRY Inc, the developer, for $11 million. The SEC is making the accusation that the tokens amount to unregulated security, or tradable financial assets. The LBRY protocol is used by services like Odysee and others.
Apparently the SEC complaint fails to acknowledge steps LBRY has been taking to comply with the law. So far LBRY has spent more than $1 million in legal fees and that, despite multiple attempts to get advice on legal operation from the SEC, none were given.
The Securities and Exchange Commission today charged LBRY, a blockchain company, with conducting an unregistered offering of digital asset securities.
According to the SEC's complaint, from at least July 2016 to February 2021, LBRY, which offers a video sharing application, sold digital asset securities called "LBRY Credits" to numerous investors, including investors based in the US. The complaint alleges that LBRY did not file a registration statement for the offering, and that the offering failed to satisfy any exemption from registration. The complaint further alleges that by failing to file a registration statement, LBRY denied prospective investors the information required for such an offering to the public. As alleged, LBRY received more than $11 million in U.S. dollars, Bitcoin, and services from purchasers who participated in its offering.
The SEC's complaint, filed in the federal district court in New Hampshire, charges LBRY with violating the registration provisions of Sections 5(a) and 5(c) of the Securities Act of 1933. The SEC seeks permanent injunctive relief, disgorgement plus prejudgment interest, and civil penalties.
LBRY now has a FAQ for the lawsuit because, if the case is as they frame it, all cryptocurrency development will be profoundly affected by the outcome of this case.
Factory mix-up spoils 15 million doses of J&J COVID vaccine:
About 15 million doses of Johnson & Johnson's one-shot COVID-19 vaccine were ruined, and future vaccine shipments will be delayed. This all follows a mix-up at a manufacturing facility in Baltimore, according to multiple media reports.
Johnson & Johnson had partnered with Emergent BioSolutions to manufacture the active ingredient of its vaccine. But according to two US officials who spoke with Politico, workers at the West Baltimore facility mixed up the ingredients in Johnson & Johnson's vaccine with those for a different coronavirus vaccine. Emergent BioSolutions is also a manufacturing partner of AstraZeneca, according to The New York Times, which first reported the problem.
Concerns raised over safety of common food preservative:
A new study is raising questions over the safety of a commonly used food preservative found in hundreds of products. It's suspected the compound, tert-butylhydroquinone (known as tBHQ or E319), impairs effective immune system activity and the researchers are calling for greater surveillance of the immunological effects of food additives.
“The pandemic has focused public and scientific attention on environmental factors that can impact the immune system,” says lead author on the new study, Olga Naidenko. “Before the pandemic, chemicals that may harm the immune system’s defense against infection or cancer did not receive sufficient attention from public health agencies. To protect public health, this must change.”
[...] The study suggests the ToxCast data reveals a number of signs tBHQ influences immune activity. The researchers do, however, make clear these findings are based on animal and mechanistic studies. Further investigation needs to be done to better understand how this compound affects human immune parameters, including “defense against infection, anti-tumor immune responses, and autoimmune reactivity.”
Submitted via IRC for TheMightyBuzzard
Australian researchers have discovered the gene responsible for a particularly nasty form of hormone-sensitive breast cancer. They believe their work may also provide a genetic trail of breadcrumbs to hunt other cancers in future.
[...] Among them were estrogen receptor-positive (ER+) cancers called IntClust2, characterized by a section of DNA in chromosome 11 standing out, with one gene in particular, called AAMDC, a potential calling card for some of the most intractable forms of cancer known to humanity.
Formerly Homeless Man Moves Into the First 3D-Printed Tiny Home:
ICON’s 3D-printed tiny home has finally transitioned from prototype to reality — and the U.S.' first tiny home’s first resident has officially moved in. Tim Shea, 70, a previously homeless man, is the first person to live in a 3D-printed tiny house in the country, and his story proves how the 3D-printed tiny home is more than a feat in engineering and sustainability — it’s also a life-saving technology.
FEATURE-3D-printed homes build hope for U.S. affordable housing
WASHINGTON, Feb 15 (Thomson Reuters Foundation) - After years of homelessness and hard living, Tim Shea has swapped the sharp corners in his life for the round, flowing design of his new 3D-printed home in Austin, Texas.
In August, Shea became the first person in the United States to move into a 3D-printed home, according to Austin-based developer ICON, in what advocates say is a milestone in efforts to boost the national supply of affordable housing.
Patagonia, the fine article is from CNN, kinda South of the Border.
(CNN)Paleontologists in Argentina have identified a previously unknown species of dinosaur that would have used its huge claws, powerful bite and keen sense of hearing to hunt prey in Patagonia 80 million years ago.
The fossilized remains of Llukalkan aliocranianus include a superbly preserved and uncrushed braincase and were unearthed in the Bajo de la Carpa Formation in Argentina. Llukalkan means "the one who causes fear" in the language of the indigenous Mapuche, and aliocranianus is Latin for "unusual skull."
The “One Who Causes Fear” – Extremely Powerful New Meat-Eating Predator Discovered:
[...] Around 80 million years ago as tyrannosaurs ruled the Northern Hemisphere, this lookalike was one of 10 currently known species of abelisaurids flourishing in the southern continents.
A fearsome killer, Llukalkan was “likely among the top predators” throughout Patagonia, now in Argentina, during the Late Cretaceous due to its formidable size (up to five meters long), extremely powerful bite, very sharp teeth, huge claws in their feet and their keen sense of smell.
Journal Reference:
Federico A. Gianechini, Ariel H. Méndez, Leonardo S. Filippi, et al. A New Furileusaurian Abelisaurid from La Invernada (Upper Cretaceous, Santonian, Bajo De La Carpa Formation), Northern Patagonia, Argentina, Journal of Vertebrate Paleontology (DOI: 10.1080/02724634.2020.1877151)
Supreme Court's pro-Facebook ruling could unleash "flood" of robocalls:
A Supreme Court ruling today in favor of Facebook limits the reach of a 1991 US law that bans certain kinds of robocalls and texts. The court found that the anti-robocall law only applies to systems that have the ability to generate random or sequential phone numbers. Systems that lack that capability are thus not considered autodialers under the law, even if they can store numbers and send calls and texts automatically.
Advocates say the ruling will make it harder to block automated calls and texts, potentially unleashing a "flood" of new robocalls.
[...] "Companies will use autodialers that are not covered by the Supreme Court's narrow definition to flood our cellphones with even more unwanted robocalls and automated texts," said Margot Saunders, the group's senior counsel. The court ruling "interpreted the statute's definition of autodialer so narrowly that it applies to few or none of the autodialers in use today," the NCLC also said.
Judge equates encrypted chats with private thoughts in would-be kidnapping case:
Three men who allegedly plotted to kidnap Michigan governor Gretchen Whitmer will face charges of gang membership, felony firearm possession and providing material support for terrorist acts, but not making terrorist threats. According to a report from the Detroit News, the reason 12th District Court Judge Michael Klaeren dismissed that last charge stems from the way the group interacted with each other. Rather than coordinating out in the open on platforms like Facebook, Joseph Morrison, Pete Musico and Paul Bellar — along with four other men with ties to the Michigan militia group Wolverine Watchmen — used private, encrypted chats to communicate.
[...] "There has to be some form of intent here to incite mayhem," Klaeren said, before noting that using an encrypted communications service was not unlike "thinking the thought to yourself."
FDA slams “Real Water” linked to liver failure; water plant manager MIA
The Food and Drug Administration on Wednesday admonished Nevada-based company Real Water for being uncooperative in a multi-state health investigation linked to its “alkalized” water products. The company is accused of poisoning its customers, causing acute liver failure and other serious health problems in adults, children, and pets.
On March 16, the FDA and the Southern Nevada Health District announced that they were investigating cases of acute non-viral hepatitis (resulting in acute liver failure) in five infants and children, all of whom consumed the company’s alkaline water. The water was the only common link between the five children and infants. Since then, customers have filed several lawsuits making similar claims, including three Californian women who filed a federal lawsuit in Nevada March 22 seeking class-action status.
https://arstechnica.com/gadgets/2021/04/lineageos-18-1-brings-android-11-to-over-60-smartphones/
The Android community's biggest aftermarket distribution, LineageOS, is now up and running with Android 11. The new release is called "LineageOS 18.1," and builds for over 60 smartphones are hitting official servers for brands like OnePlus, Google, Xiaomi, Sony, Motorola, LG, and even some old Samsung devices.
New Lineage OS 18.1 contains, of course, all the Android 11 features from the Android Open Source Project (AOSP), like a new notification panel with a persistent media player, floating "bubble" notifications, one-time permissions, new emojis, a new autofill system for the keyboard, and more. All the Lineage apps now support dark mode, and a fork of the FOSS "Etar" calendar app replaces what Lineage calls the "stagnant and largely unmaintained" AOSP calendar. The FOSS app SeedVault has been included as a built-in backup solution, and Lineage's screen recorder and music apps have been revamped.