Month: May 2025

Blake Brittain, Reuters:

In the first court hearing on a key question for the AI industry, U.S. District Judge Vince Chhabria grilled lawyers for both sides over Meta’s request for a ruling that it made “fair use” of books by Junot Diaz, comedian Sarah Silverman and others to train its Llama large language model.

Worth noting Thompson Reuters, Reuters’ parent company, just won a similar case.

Kate Knibbs, Wired:

US District Court Judge Vince Chhabria spent several hours grilling lawyers from both sides after they each filed motions for partial summary judgment, meaning they want Chhabria to rule on specific issues of the case rather than leaving each one to be decided at trial. The authors allege that Meta illegally used their work to build its generative AI tools, emphasizing that the company pirated their books through “shadow libraries” like LibGen. The social media giant is not denying that it used the work or that it downloaded books from shadow libraries en masse, but insists that its behavior is shielded by the “fair use” doctrine, an exception in US copyright law that allows for permissionless use of copyrighted work in certain cases, including parody, teaching, and news reporting.

So let me get this straight: if an artist makes a song sharing only a similar vibe with another one, that is copyright infringement, but if a massive corporation downloads illicit copies of a bunch of books to enrich its A.I. training, that is fair use? Perhaps copyright law is entirely the wrong domain for both of these issues.

The Irish Data Protection Commission:

The decision, which was made by the Commissioners for Data Protection, Dr Des Hogan and Mr Dale Sunderland, and has been notified to TikTok, finds that TikTok infringed the GDPR regarding its transfers of EEA User Data to China and its transparency requirements. The decision includes administrative fines totalling €530 million and an order requiring TikTok to bring its processing into compliance within 6 months. The decision also includes an order suspending TikTok’s transfers to China if processing is not brought into compliance within this timeframe.

It turns out data use expectations can be consistent and it is possible to penalize violators when there are privacy laws. This seems preferable over ad hoc responses.

Online privacy isn’t just something you should be hoping for – it’s something you should expect. You should ensure your browsing history stays private and is not harvested by ad networks.

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Michael Lopp:

In a hypothetical future world where all I ever knew was sitting in the back of a robot car, I would not appreciate the work involved because I’d never had the opportunity to learn to drive. This might be fine for many humans on the planet, but not for me. I learned how to drive on Highway 17, a scary mountain freeway that required me to become a competent driver as quickly as possible. I remember those lessons, they made me… me.

I liked learning to drive.

Better yet, I like learning. It gives me appreciation of the craft.

A great essay, in large part because I do not know that there is a perfect answer to any of the questions posed — and that is okay. That is basically where Lopp ends up at the end. There is, in an uncharitable reading, an element of young people today no longer know how to write a cheque as though that is essential. Maybe it is not inherently worthwhile to know how to drive or write a standardized corporate letter.

But we learn these things both for the end and for the means of getting there. A teacher is not assigning essay writing to high school students because they are expecting profound conclusions. The purpose of that exercise is to teach research skills, citing sources of information, structuring an argument, and writing persuasively. These are all skills with broad uses. As a formerly delinquent high school essay-writer, it took a long time for me to understand why this would become important or useful.

The shortcuts we have today seem useful, in the sense they can get you closer to a finished product with seemingly less work than before. They have their uses. But they are also missing an undervalued emotional quality and, at the heart of it, curiosity.

Tim Hardwick

Apple has filed an emergency motion asking the Ninth Circuit Court of Appeals to pause key parts of a recent ruling that dramatically changes how the App Store operates, following a contempt finding in its long-running legal battle with Fortnite maker Epic Games.

As expected. I will bet Apple is going to try and take this part of the case to the Supreme Court, even though it did not have much luck in the first attempt.

Maggie Miller, Politico:

Israeli spyware company NSO Group was ordered by a U.S. federal court on Tuesday to pay WhatsApp and its parent company Meta almost $170 million in damages after its cyber tools were used to hack around 1,400 WhatsApp accounts.

I remain confused why Apple thought this case was not worth fighting.

Meta:

In this specific case, we know we have a long road ahead to collect awarded damages from NSO and we plan to do so. Ultimately, we would like to make a donation to digital rights organizations that are working to defend people against such attacks around the world. Our next step is to secure a court order to prevent NSO from ever targeting WhatsApp again.

[…]

Finally, we’re publishing (unofficial) transcripts of deposition videos that were shown in open court so that these records are available to researchers and journalists studying these threats and working to protect the public. We intend to add official court transcripts once they become available.

If Meta so desperately wants to make this donation, it could do so at any time.

Also, while the deposition transcripts are nice to have and certainly contain revealing moments, they are incomplete. Huge chunks of time are missing. This is perhaps for confidentiality or because Meta only wants to publish salient portions, but I would prefer if more were available. Context matters.

Anyway, good for Meta for seeing this through to the end. I am sure it will spend its winnings wisely.

Micah Lee:

Despite their misleading marketing, TeleMessage, the company that makes a modified version of Signal used by senior Trump officials, can access plaintext chat logs from its customers.

In this post I give a high level overview of how the TeleMessage fake Signal app, called TM SGNL, works and why it’s so insecure. Then I give a thorough analysis of the source code for TM SGNL’s Android app, and what led me to conclude that TeleMessage can access plaintext chat logs. Finally, I back up my analysis with as-of-yet unpublished details about the hack of TeleMessage.

TeleMessage suspended its service after NBC News reported a completely different breach to the one Lee and 404 Media reported Sunday. It is horribly bad form to speculate, but if two separate attackers publicly demonstrated their ability to download archived chats without permission, it seems plausible an eager state actor could have also done so. To be clear, there is no evidence for this; all I am saying is it would not surprise me.

Signal is secure. TeleMessage is certainly not.

While TeleMessage has been in the news for its association with various U.S. government agencies, it has a large customer base. You have heard of many of its users. How many of them, do you think, are still comfortable trusting it to capture their internal communications for record-keeping purposes?

Sarah Perez, TechCrunch:

In the updated version released on Monday (version 125.5.0), users now have the option of making a purchase via the web, where they can choose to pay with other payment methods, including credit cards, Venmo, and PayPal, as well as with Apple Pay.

The option to use Apple’s own in-app purchases method, meanwhile, is shown only in very small text below the larger, bold “Join” button. This change will likely direct more customers to pay via Patreon’s website instead of through Apple’s in-app purchases.

Patreon’s app, for many years, supported web-based payment options, until Apple decided it no longer could.

Matt Birchler’s summary of Apple’s stance on in-app payments is maybe the most cogent I have read:

Apple’s logic around “safety and security” for allowed payment methods was:

- it’s safe enough to enter your credit card in an app to buy physical goods

- it’s safe enough to enter you card into an app to buy digital goods you enjoy on other devices

- it’s unsafe to enter your card in an app to buy digital goods you enjoy on that device

I am jealous of the simplicity and clarity in these four lines.

This nonsense remains true outside the U.S. and the other regions that have mandated, to varying degrees, a revision to Apple’s payment terms. It makes no sense at all — but, of course, nothing about this really does. It is all reverse justification — a way for Apple to absorb a slice of an economy it feels it is owed for little reason other than because. A common thing I now see and hear from people whose work is supported by Patreon — plug — is advising people to subscribe outside the app to avoid giving Apple a cut. The sooner Apple’s “post-PC” devices are treated less like permanent extensions of the company which we are graciously allowed to use, the better it will be for all of us.

Last week, I published some thoughts on Meta’s eventual repositioning as a kind of television channel stocked with generated material for any given user:

Then TikTok came around and did away with two expectations: that you should have to work to figure out what you want to be entertained by, and that your best source of entertainment is your friend group. Meta is taking it a step further: what if the best source of entertainment is generated entirely for them? I find that thought revolting. The magic of art and entertainment is in the humanity of it. Thousands of years of culture is built on storytelling and it is not as though this model has been financially unsuccessful. That is not the lens through which I view art, but it is obviously relevant to Meta’s goals.

I have one small addition to this: there is also humanity in the mistakes we make in creating art. Take any of the examples pointed out by Todd Vaziri recently. Notice how human they are: a period-correct prop license plate covering a more modern one falls off; a camera crew visible in a reflection. These are evidence of the human hands responsible for this art.

Compare this to the mistakes common in generated A.I. images and video, which only serves to underscore the lack of human involvement. When there are errors, they are sometimes human-esque, or at least plausibly so; however, much of the time, they are unnerving.

Bruce Schneier and Nathan E. Sanders wrote, for IEEE Spectrum in January, a pretty good overview of what this is like from a mostly text perspective:

To the extent that AI systems make these human-like mistakes, we can bring all of our mistake-correcting systems to bear on their output. But the current crop of AI models — particularly LLMs — make mistakes differently.

AI errors come at seemingly random times, without any clustering around particular topics. LLM mistakes tend to be more evenly distributed through the knowledge space. A model might be equally likely to make a mistake on a calculus question as it is to propose that cabbages eat goats.

However, the ways mistakes appear in generated visual material is difficult for me to rationalize in the same way. They are unnerving in straightforward videos generated from reality-based prompts, and noticeable even in those intended to be unsettling. It is like if surrealism were expressed through a fungus-infected mind made of Play-Doh.

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Earlier this week, Joseph Cox of 404 Media noticed a photograph of U.S. official Mike Waltz — previously — using a third-party Signal client from TeleMessage. The whole point of TeleMessage is that it captures and archives messages from third-party messaging apps, including WhatsApp and Signal. Both services are known for being end-to-end encrypted — a degree of protection that disappears when you store messages outside their apps.

And, so.

Joseph Cox, 404 Media, and Micah Lee:

A hacker has breached and stolen customer data from TeleMessage, an obscure Israeli company that sells modified versions of Signal and other messaging apps to the U.S. government to archive messages, 404 Media has learned. The data stolen by the hacker contains the contents of some direct messages and group chats sent using its Signal clone, as well as modified versions of WhatsApp, Telegram, and WeChat. TeleMessage was recently the center of a wave of media coverage after Mike Waltz accidentally revealed he used the tool in a cabinet meeting with President Trump.

I remember when people used to pretend to care, for political gain, about the storage and retention of sensitive government information.

Davey Alba, Bloomberg:

Google can train its search-specific AI products, like AI Overviews, on content across the web even when the publishers have chosen to opt out of training Google’s AI products, a vice-president of product at the company testified in court on Friday.

That’s because Google’s controls for publishers to opt out of AI training only cover work by Google DeepMind, the company’s AI lab, and not any other organization at the company, said Eli Collins, a Google DeepMind vice-president.

This confirms reporting by Alba and Julia Love last year: if publishers want to appear in Google Search, they have to be okay with some amount of A.I. training. If they had a choice, however, it seems unlikely to me they would take it. In court, the Department of Justice showed Collins a document regarding Gemini training:

According to that document, Google removed 80 billion of 160 billion “tokens” — snippets of content — after filtering out the material that publishers had opted out of allowing Google to use for training its AI. The document also listed search “sessions data,” or data collected during a period of time in which a user interacted with Google Search, as well as YouTube videos, as data that could augment Google’s AI models.

Half. Half of the data Google uses to train its A.I. models was removed when publishers were made aware they could opt out. That does not mean the other half have affirmatively opted in, of course, but it means at least half of publishers do not approve of Google’s desire to absorb their corpus of information without payment and with scant credit.

Joe Rossignol, MacRumors:

The Information today cited multiple sources who said that at least one new iPhone model launching in 2027 will have a truly edge-to-edge display. The device’s front camera and Face ID system would both be placed under the screen.

I know the Dynamic Island was a clever way of transforming a necessary hardware compromise into a signature feature, albeit an imperfect one. This is a fun visual design problem to have: a hardware improvement to the iPhone will, in time, render some well-considered software obsolete. I imagine this all-screen iPhone will be self-evidently cool and, so, the Dynamic Island just goes away. But I am curious.

If you were listening out of context to something Mark Zuckerberg said in a recent interview with Dwarkesh Patel, you might think he is deeply concerned about meaningful personal friendships:

There’s this stat that I always think is crazy: the average American, I think, has I think it’s fewer than three friends. Three people that they’d consider friends. And the average person has demand for meaningfully more — I think it’s like fifteen friends, or something. […] The average person wants more connectivity — uh, connection — than they have.

For what it is worth, I tried to find the source for these numbers. The “three friends” figure correlates with the findings and phrasing of a 2021 American Enterprise Institute survey (PDF), though other surveys have found broadly similar numbers. In 2023, Pew Research found 39% of Americans say they have one to three close friends, while 38% say they have five or more. Recent YouGov polling finds over 52% saying they have one to three, while 22% say they have four or five.

The second appears to come from the work of Robin Dunbar. The accuracy of this number is disputed.

Still, it sounds like Zuckerberg simply cares about the number of friends people say they have compared to the number they want. And, so, you would think the CEO of the world’s biggest social networks would be concerned about making sure we maintain the real-life connections we already have, and perhaps finding new ones. Alas, the technological solutions along those lines sound pretty boring unless they are marketed based on their quaint vintage appeal.

That is not what Zuckerberg is being interviewed to promote. This line of questioning is bookended by questions about artificial general intelligence and DeepSeek. And, in fairness, I did not quote Patel’s question which prompted this response:

On this point of A.I.-generated content or A.I. interactions, already people have meaningful relationships with A.I. therapists, A.I. friends, you know, maybe more. And this is just gonna get more intense as these A.I.s get more unique and more personable — more intelligent, more spontaneous, and funny, and so forth. […] People are going to have relationships with A.I.s. How do we make sure these are healthy relationships?

Zuckerberg barely answers this. Instead, he pivots to more comfortable territory about how Meta’s vision of A.I. will increase the number of entirely generated “friends” people can have. Or, in the words of Paul Fairie:

The average American has 3 eggs, but has demand for 15. So here are 12 photographs of eggs. I am a business man.

Zuckerberg acknowledges “I think there are all these things that are better about physical connections when you can have them,” but his primary complaints with A.I. relationships are how technologically primitive they are.

My goal is not to dump on anyone except Henry Blodget who may have found some kind of personal fulfilment in some A.I. program. That is not my place and I have no idea where to begin. What is notable to me is the role Meta plays in manipulating the experience of real-world friendships.

Kyle Chayka, the New Yorker:

[…] The people we follow and the messages they post increasingly feel like needles in a digital haystack. Social media has become less social.

Facebook’s founder, Mark Zuckerberg, admitted as much during more than ten hours of testimony, over three days last week, in the opening phase of the Federal Trade Commission’s antitrust trial against Facebook’s parent company, Meta. The company, Zuckerberg said, has lately been involved in “the general idea of entertainment and learning about the world and discovering what’s going on.” This under-recognized shift away from interpersonal communication has been measured by the company itself. During the defense’s opening statement, Meta displayed a chart showing that the “percent of time spent viewing content posted by ‘friends’” has declined in the past two years, from twenty-two per cent to seventeen per cent on Facebook, and from eleven per cent to seven per cent on Instagram.

What “friends” mean in this context is different from how it is used by Zuckerberg and in the surveys above. Also, the rest of this material is not necessarily A.I.-generated. Even so, 7–17% of users’ time is spent viewing stuff they say they want to see, and that is not necessarily because they have elected to view it less. That is driven to a considerable degree by the posts Meta has selected for you to see first, and the order in which your friends’ Stories are displayed.

If Meta had an institutional responsibility to help users maintain their real-world friendships, it is failing to do so based on these numbers. But that is not the role it seems to want to play.

John Herrman, of New York magazine, nails it:

Meta’s AI strategy less resembles a bet on an unrecognizable future than a belief, or a wish, that it can simply be Meta, but more so. (It’s also a bet that large-language-model-based AI will present more opportunities for entertainment than for work.) Zuckerberg isn’t just envisioning a Meta staffed by AI engineers and AI moderators, but platforms that stock themselves with content, allow users to request whatever types of interactions they want, and are even more effective at holding attention, keeping people engaged, and, of course, serving and targeting advertising.

Perhaps what people ultimately want — in general and on average — is entertainment brought to them. That is not a denigration of society or anything; it makes sense. We once turned on the radio and enjoy audio-only plays and discussions. Then we had podcasts. We once turned on the television and scrolled through channels until we settled on something we liked. Then we had Netflix and YouTube. Both provide suggestions on what to watch, and some podcast apps have their own recommendations, but there is still a manual quality to discovery.

Then TikTok came around and did away with two expectations: that you should have to work to figure out what you want to be entertained by, and that your best source of entertainment is your friend group. Meta is taking it a step further: what if the best source of entertainment is generated entirely for them? I find that thought revolting. The magic of art and entertainment is in the humanity of it. Thousands of years of culture is built on storytelling and it is not as though this model has been financially unsuccessful. That is not the lens through which I view art, but it is obviously relevant to Meta’s goals.

This is not enough. Meta, institutionally, sees its world through quantities — of friends, of posts made, of ads served, of engagement, of time spent, of interactions — and envisions abundance delivered through A.I. means. Its efforts so far have been sloppy. Maybe they will, as Patel appears to believe, get better: “more unique and more personable” and so forth. Regardless, they will still be fake. I am not the biggest A.I. downer, but this worldview sucks. Human-created art is as irreplaceable by A.I. as is a human friendship. Not every problem is one which can be solved through technological development, and not every problem is real — who is to say that three close friends is too few for most people, or that the amount of entertainment produced by human beings is insufficient?

It would seem an empire can be built only so far on what is real.

Following yesterday’s ruling finding Apple has disregarded a U.S. court’s instructions to permit links to external purchases from within iOS apps under reasonable terms, the publisher of MacDailyNews responded with the site’s take. In case you are not already familiar, MacDailyNews has a consistently right-libertarian editorial slant. It is not one I agree with, but that has only the tiniest bit of relevance to this commentary.

Also, while the site was founded by Steve Jack, it attaches no byline to its articles and so I am uncertain who specifically wrote this tripe:

It’s too bad Gonzalez Rogers expected Apple to provide a service that she ordered for free, because it makes no sense for Apple to do such a thing. Gonzales ordered Apple to allow developers to advertise lower prices elsewhere within Apple’s App Store. It is Apple’s App Store. Despite what Epic Games wishes and misrepresents, the App Store is not a public utility. Apple built it. Apple maintains it. Apple owns it, not Epic Games or some ditzy U.S. District Judge. Advertising within Apple’s App Store has value, a fee for which its owner has every right to charge, regardless of whatever the blank-eyed Gonzalez Rogers, bless her heart, expected.

I am sure there are plenty of people out there who believe Apple is entitled to run the iOS App Store as it sees fit. It is an argument with which I have sympathies outweighed by disagreements, but I get it.

What I do not get is describing a U.S. district court judge as “ditzy”.

It is an adjective invoked by MacDailyNews to describe just two people: Gonzalez Rogers and former European Commissioner for Competition Margrethe Vestager. It is an inherently sexist term — a cheap shot thrown at women who happen to have legally restricted the world’s most valuable corporation. Agree or disagree with their work, this kind of response is pathetic.

If, however, one is desperate to be a misogynist, they had better be certain the rest of their argument is airtight. And MacDailyNews falls on its face.

Gonzalez Rogers has not demanded an entirely free ride. In fact, she gave Apple substantial opportunity to explain how it arrived at (PDF) a hefty 27% commission rate for external purchases. Apple did not do so. It took hearings this year to learn it went so far as to get the Analysis Group to produce a report which happened to find (PDF) Apple was responsible for “up to 30% of a developer’s revenue”. But, Gonzalez Rogers writes, this study was not the basis for Apple’s justification for a 27% cut for external purchases, nor could it have been, because it was produced after records show Apple had already decided on that rate. It was reverse-engineered to maintain Apple’s entirely unjustified high commission rate.

To quote Gonzalez Rogers:

This is an injunction, not a negotiation. There are no do-overs once a party willfully disregards a court order. […]

And again:

Apple was afforded ample opportunity to respond to the Injunction. It chose to defy this Court’s order and manufacture post hoc justifications for maintaining an anticompetitive revenue stream. Apple’s actions to misconstrue the Injunction continue to impede competition. This Court will not play “whack-a-mole,” nor will it tolerate further delay.

Apple could have taken this up in a legally justifiable way that, plausibly, could have given it some reasonable commission on some sales. It did not do that, so now the court says no commission whatsoever is permissible. Simple. Besides, developers pay for hardware, a developer membership, and plenty of Apple’s services. They are not getting a free ride just by linking to an external payment option.

Moreover, developers do not “advertise” in the App Store. They can, but that is not what is being adjudicated in this case.

Media commentators can disagree on this ruling, on the provisions of the Digital Markets Act, and on Apple’s treatment of developers. There are many legitimate views and angles, and I think it is great to see so much discussion about this leading up to WWDC. But we can all do this without resorting to lazy sexism. Do better.