Biden Won’t Stop a Potential Ban On Importing Apple Watches

Medical device maker AliveCor announced today that President Biden has upheld an International Trade Commission ruling that could result in a potential import ban on the Apple Watch over its EKG feature. The Verge reports: Back in December, the ITC issued a final determination (PDF) that Apple had infringed on AliveCor’s wearable EKG tech. In the ruling, the ITC recommended a limited exclusion order and a cease-and-desist order for Apple Watch models with EKG features. If enforced, that would mean that Apple would no longer be able to import Apple Watch with EKG capabilities into the US for sale. According to Apple spokesperson Hannah Smith, the company will appeal the ITC’s decision to the Federal Circuit.

A veto from Biden would have rendered the issue moot. According to The Hill, while presidents generally don’t interfere with ITC rulings, in 2013, former President Obama vetoed a similar import ban after the ITC ruled that iPhones and iPads infringed on Samsung tech. It’s possible that Apple was hoping for history to repeat itself, as it reportedly amped up lobbying last week ahead of Biden’s decision.
https://www.theverge.com/2023/1/11/23550036/the-apple-watchs-blood-oxygen-feature-is-at-the-center-of-a-potential-import-ban
Biden’s decision doesn’t mean every Apple Watch from the Series 4 to the Apple Watch Ultra (excluding both generations of the SE) is about to disappear off shelves. Apple’s Smith told The Verge the ITC’s ruling doesn’t have any real impact at the moment. That’s because the Patent Trial and Appeal Board recently ruled that AliveCor’s EKG tech isn’t actually patentable, and AliveCor would have to win its appeal (PDF) to that ruling for any potential ban to take effect. However, AliveCor isn’t the only medical tech company that’s seeking an import ban on the Apple Watch via the ITC. Masimo also sued Apple for allegedly infringing on five of its pulse oximetry patents. Last month, an ITC judge also ruled in Masimo’s favor and will decide whether a potential import ban is warranted in May. If so, that import ban would impact any Apple Watch with an SpO2 sensor (i.e., the Series 6 or later, excluding the SE.)

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Microsoft To Test Bing Chat Tones, Allows Longer Chat Sessions

Microsoft will start testing Bing Chat tones, enabling users to switch between receiving answers that are either more creative or more focused on their queries. Once the new option is available, you can choose between precise, balanced, or creative replies from Redmond’s AI-powered Bing chat bot. BleepingComputer reports: We are “going to begin testing an additional option that lets you choose the tone of the Chat from more Precise — which will focus on shorter, more search focused answers — to Balanced, to more Creative — which gives you longer and more chatty answers,” the Bing Team said. “The goal is to give you more control on the type of chat behavior to best meet your needs.”

Microsoft also says chat limits (5 chat turns per session and a total of 50 per day) that were introduced on Friday to address Bing Chat’s confusing and, at times, aggressive replies have now been expanded to allow for a more “natural daily use of Bing.” Starting today, the number of chat turns has been increased to six per session, to 60 chats per day. Next, Redmond plans to increase the daily cap to 100 total chats and ensure that normal searches will no longer count against the total number of chats.

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Tumblr iOS Revenue Increased 125% Since Launching Its Parody of Paid Verification

Tumblr’s parody of paid verification has already delivered the social network and blogging platform a 125% boost in iOS in-app purchase revenue since November, according to a new analysis of the app’s in-app consumer spending. TechCrunch reports: The company, now operated by WordPress.com owner Automattic following its 2019 acquisition, launched its response to Twitter’s paid verification hustle with the addition of its own purely cosmetic double blue checks — a sort of tongue-in-cheek rebuttal to the idea that subscription-based verification had any real value. As it turns out, at least some Tumblr users were willing to pay — though perhaps not for clout, but because in-jokes have proven to be a more successful monetization strategy for the blogging network than some of its more legitimate attempts to make money, such as its creator-focused subscription, Post+. After being met with community backlash, at one point Post+ was being outperformed from a monetization perspective by crabs — a goofy paid feature that let users send animated dancing crabs to each other’s dashboards.

According to new data from app intelligence firm Sensor Tower provided to TechCrunch, consumer spending on Tumblr’s iOS app increased since November 2022’s double-blue check launch, now totaling $263,000 in net revenue. While that’s not a significant figure in the grand scheme of things by any means, it still represents a 125% jump in spending compared with the prior three-month total of August through October 2022. When looking at more long-term trends, Tumblr’s revenue remains up — but not by as much. Sensor Tower says the in-app purchase revenue on iOS is up 19%, compared with the prior ten months ahead of the blue check’s launch (January through October 2022).

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A Second Hellboy Reboot is Officially on the Way

An anonymous reader shares a report: Almost two decades after the release of the Guillermo del Toro-directed Hellboy, the character is getting yet another reboot. Millennium Media has confirmed that Hellboy: The Crooked Man will enter production next month in Bulgaria, Deadline reports. Casting for the titular character (originally played by Ron Perlman and then David Harbour) is yet to be announced, but the new film will be directed by Brian Taylor, best known for the Jason Statham action movie Crank.

Perhaps most interesting is that the comics’ original creator Mike Mignola has written the script for the upcoming film alongside Chris Golden. Both were reported to have worked on the script for the 2019 reboot by The Hollywood Reporter, though Andrew Cosby ultimately ended up with sole credit for writing the screenplay. The 2019 reboot is widely considered to have been both a commercial and critical failure, bringing in roughly $55 million at the box office on a budget of $50 million.

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UK ‘Barking Up Wrong Tree’ Trying To Get Over-50s Back To Work, Report Finds

Rishi Sunak’s government is “barking up the wrong tree” by trying to get people in retirement back to work to fix chronic staff shortages, according to a report that warns long-term sickness and pressure on the NHS is having a bigger impact on the jobs market. From a report: The sharp rise in economic inactivity — when working-age adults are neither in work nor looking for a job — is more likely to be driven by people waiting for treatment as the health service struggles to cope, as well as by people who permanently live in poorer health, according to the consultancy LCP. “There is a real risk of the government barking up the wrong tree when it comes to the growth in economic inactivity,” the report says.

It comes as the work and pensions secretary, Mel Stride, enters the final stages of an urgent review of options to boost workforce participation before next month’s budget. The government has so far focused on addressing early retirement, with the chancellor, Jeremy Hunt, urging the over-50s to get off the golf course. Official figures published last week showed early retirement explains none of the increase in inactivity since the start of the pandemic. While the number of people who are economically inactive is more than half a million higher than in February 2020, the number who have quit the labour market due to retirement has fallen. Sir Steve Webb, the former pensions minister who co-authored the LCP report, said rising long-term sickness was much more significant.

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Top Chinese Scientists Sketch Out Plans To Thwart US Chip Curbs

Key members of China’s most influential scientific body have outlined the country’s plan to circumvent US chip sanctions for the first time, codifying Beijing’s view of how it could win a crucial technological conflict with Washington. From a report: Two of the country’s senior academics wrote that Beijing should amass a portfolio of patents that govern the next generation of chipmaking, from novel materials to new techniques. That should propel its semiconductor ambitions while giving China the clout to push back against US sanctions designed to hamstring its semiconductor sector, Luo Junwei and Li Shushen wrote in the bulletin of the Chinese Academy of Sciences.

The article, published to a social media account affiliated with the academy, offers a rare glimpse into how Beijing thinks about and might react to the Biden administration’s escalating hostilities over semiconductors. The academy advises China’s top decision makers and the article echoes remarks by President Xi Jinping calling for victory in developing core technologies. It comes as the country’s new technology overseer outlined his vision for moving past American sanctions, stressing the need to modernize and rectify weak links in its supply chain. China has a plan to develop next-generation chip materials that it put in place in 2020 as a reaction to Trump-era restrictions. Yet that national strategy has yet to yield a technological edge on the world’s leading chipmakers. Washington has implemented a series of measures limiting exports of technology such as chipmaking gear and artificial intelligence processors to China, part of a broader set of technology sanctions.

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11 US States are Now Considering ‘Right to Repair’ Laws for Farming Equipment

Colorado farmer Danny Wood had a problem with his Steiger 370 tractor, reports the Associated Press:
The tractor’s manufacturer doesn’t allow Wood to make certain fixes himself, and last spring his fertilizing operations were stalled for three days before the servicer arrived to add a few lines of missing computer code for $950. “That’s where they have us over the barrel, it’s more like we are renting it than buying it,” said Wood, who spent $300,000 on the used tractor.

Wood’s plight, echoed by farmers across the country, has pushed lawmakers in Colorado and 10 other states to introduce bills that would force manufacturers to provide the tools, software, parts and manuals needed for farmers to do their own repairs — thereby avoiding steep labor costs and delays that imperil profits….

The manufacturers argue that changing the current practice with this type of legislation would force companies to expose trade secrets. They also say it would make it easier for farmers to tinker with the software and illegally crank up the horsepower and bypass the emissions controller — risking operators’ safety and the environment…. “I know growers, if they can change horsepower and they can change emissions they are going to do it,” said Russ Ball, sales manager at 21st Century Equipment, a John Deere dealership in Western states.
The bill’s proponents acknowledged that the legislation could make it easier for operators to modify horsepower and emissions controls, but argued that farmers are already able to tinker with their machines and doing so would remain illegal.

The article quotes Wood’s representative in Congress, who also argues that local dealerships in rural areas would be impacted by the legislation. “I do sympathize with my farmers,” he’s quoted as saying, but added “I don’t think it’s the role of government to be forcing the sale of their intellectual property.”

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Ask Slashdot: Should Production Networks Avoid Windows 11?

Slashdot reader John Smith 2294 is an IT consultant and system administrator “who started in the days of DEC VAX/VMS,” now maintaining networks for small to medium businesses and non-profits. And they’re sharing a concern with Slashdot.

“I object to Windows 11 insisting on an outlook.com / Microsoft Account OS login.”
Sure there are workarounds, but user action or updates can undo them. So I will not be using Windows 11 for science or business any more…. I will be using Win10 refurbs for as long as they are available, and then Mac Mini refurbs and Linux. My first Linux Mint user has been working happily for two months now and I have not heard a word from them.

So, as an IT Admin responsible for business or education networks of 20 users or more, will you be using Windows 11 on your networks or, like me, is this the end of the road for Windows for you too?
I’d thought their concern would be about Windows is sending user data to third parties. But are these really big enough reasons for system adminstrators to be avoiding Windows 11 altogether?

Share your thoughts and experiences in the comments. Should production networks avoid Windows 11?

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The Washington Post Says There’s ‘No Real Reason’ to Use a VPN

Some people try to hide parts of their email address from online scrapers by spelling out “at” and “dot,” notes a Washington Post technology newsletter. But unfortunately, “This spam-fighting trick doesn’t work. At all.” They warn that it’s not just a “piece of anti-spam fiction,” but “an example of the digital self-protection myths that drain your time and energy and make you less safe.

“Today, let’s kill off four privacy and security bogus beliefs, including that you need a VPN to stay safe online. (No, you probably don’t.)
Myth No. 3: You need a VPN to stay safe online.
…for most people in the United States and other democracies, “There is no real reason why you should use a VPN,” said Frédéric Rivain, chief technology officer of Dashlane, a password management service that also offers a VPN…. If you’re researching sensitive subjects like depression and don’t want family members to know or corporations to keep records of your activities, Rivain said you might be better off using a privacy-focused web browser such as Brave or the search engine DuckDuckGo. If you use a VPN, that company has records of what you’re doing. And advertisers will still figure out how to pitch ads based on your online activities.

P.S. If you’re concerned about crooks stealing your info when you use WiFi networks in coffee shops or airports and want to use a VPN to disguise what you’re doing, you probably don’t need to. Using public WiFi is safe now in most circumstances, my colleague Tatum Hunter has reported.
“Many VPNs are also dodgy and may do far more harm than good,” their myth-busting continues, referring readers to an earlier analysis by the Washington Post (with some safe recommendations).

On a more sympathetic note, they acknowledge that “It’s exhausting to be a human on the internet. Companies and public officials could be doing far more to protect you.”

But as it is, “the internet is a nonstop scam machine and a little paranoia is healthy.”

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Judge Slaps Sanctions on Seattle for Deleting Thousands of Texts Between Top Officials

A federal judge has levied crippling sanctions against the city of Seattle for deleting thousands of text messages between high-ranking officials, including the former mayor and police chief, during the three-week Capitol Hill Organized Protest — a ruling that will undermine the city’s defense against a lawsuit filed by business owners and residents affected by the high-profile protests. From a report: In a pair of lengthy orders Jan. 13, U.S. District Judge Thomas Zilly sent the so-called Hunters Capital lawsuit to trial on two of five claims, dismissing three others. He also ordered the city to pay the attorneys fees for those who showed city leaders destroyed significant evidence about their decision-making during CHOP, including their move to abandon the Police Department’s East Precinct. The judge found significant evidence that the destruction of CHOP evidence was intentional and that officials tried for months to hide the text deletions from opposing attorneys. “The Court finds substantial circumstantial evidence that the city acted with the requisite intent necessary to impose a severe sanction and that the city’s conduct exceeds gross negligence,” he wrote. For that reason, Zilly said that when the case goes to trial he’ll instruct the jury that it may presume the text messages were detrimental to the city’s legal position and that there’s significant circumstantial evidence they were deleted intentionally.

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