Samsung’s display injunction leaves repair technicians worried

Samsung may have found a way to strike a hefty blow to the United States’ burgeoning right to repair movement. It has approached the International Trade Commission (ITC), requesting an investigation into the importation of third-party OLED displays for…

Shell is buying EV charging company Volta for $169 million

Oil and gas company Shell is buying electric vehicle charging operator Volta for $169 million through a subsidiary. The deal, which the companies expect to close in the first half of this year, amounts to 86 cents per share, around 18 percent more than Volta’s closing price on Tuesday.

Volta’s board of directors approved the deal unanimously, though it still requires the green light from shareholders. It’s subject to regulatory approval and other closing conditions too. Shell will provide loans to Volta to give it a hand through the closing of the transaction. On September 30th, Volta had $15.6 million in cash and cash equivalents, compared with $262.2 million at the end of 2021.

“While the EV infrastructure market opportunity is potentially enormous, Volta’s ability to capture it independently, in challenging market conditions and with ongoing capital constraints, was limited,” Volta interim CEO Vince Cubbage said in a statement. “Both Volta and Shell have a demonstrated ability to meet the changing needs of customers, and this acquisition will bring that experience together to provide the options that are needed as more drivers choose electric.”

The company has more than 3,000 charging stations across the US and a handful in Europe, typically at grocery stores and malls. For a few years, its DC fast charging stations were free to use for up to 30 minutes, with advertising and sponsorships helping to cover the costs. However, it shifted its DC fast chargers to a paid model last year. Volta’s more than 2,000 L2 chargers are still free to use. After the deal closes, “there will be no immediate change in driver experience,” the companies said.

Odd as it may seem that an oil company is buying an EV charging network, it isn’t the first time Shell has done so. It snapped up UK network Ubitricity in 2021 for an undisclosed sum. Last year, Hertz and BP announced plans to set up a charging network in the US.

Court rejects Elon Musk’s request to move Tesla shareholder trial out of San Francisco

A federal judge has denied Elon Musk’s request to move his upcoming trial against a group of Tesla shareholders to Texas, according to Bloomberg (via The Verge). On January 7th, less than two weeks before the trial was scheduled to begin on the 17th, M…

Meta sues surveillance company for allegedly scraping more than 600,000 accounts

Meta has filed a lawsuit against Voyager Labs, which it has accused of creating tens of thousands of fake accounts to scrape data from more than 600,000 Facebook users’ profiles. It says the surveillance company pulled information such as posts, likes, friend lists, photos, and comments, along with other details from groups and pages. Meta claims that Voyager masked its activity using its Surveillance Software, and that the company has also scraped data from Instagram, Twitter, YouTube, LinkedIn and Telegram to sell and license for profit.

In the complaint, which was obtained by Gizmodo, Meta has asked a judge to permanently ban Voyager from Facebook and Instagram. “As a direct result of Defendant’s unlawful actions, Meta has suffered and continues to suffer irreparable harm for which there is no adequate remedy at law, and which will continue unless Defendant’s actions are enjoined,” the filing reads. Meta said Voyager’s actions have caused it “to incur damages, including investigative costs, in an amount to be proven at trial.”

Meta claims that Voyager scraped data from accounts belonging to “employees of non-profit organizations, universities, news media organizations, healthcare facilities, the armed forces of the United States, and local, state, and federal government agencies, as well as full-time parents, retirees, and union members.” The company noted in a blog post it disabled accounts linked to Voyager and that filed the suit to enforce its terms and policies.

“Companies like Voyager are part of an industry that provides scraping services to anyone regardless of the users they target and for what purpose, including as a way to profile people for criminal behavior,” Jessica Romero, Meta’s director of platform enforcement and litigation, wrote. “This industry covertly collects information that people share with their community, family and friends, without oversight or accountability, and in a way that may implicate people’s civil rights.”

In 2021, The Guardian reported that the Los Angeles Police Department had tested Voyager’s social media surveillance tools in 2019. The company is said to have told the department that police could use the software to track the accounts of a suspect’s friends on social media, and that the system could predict crimes before they took place by making assumptions about a person’s activity.

According to The Guardian, Voyager has suggested factors like Instagram usernames denoting Arab pride or tweeting about Islam could indicate someone is leaning toward extremism. Other companies, such as Palantir, have worked on predictive policing tech. Critics such as the Electronic Frontier Foundation claim that tech can’t predict crime and that algorithms merely perpetuate existing biases.

Data scraping is an issue that Meta has to take seriously. In 2021, it sued an individual for allegedly scraping data on more than 178 million users. Last November, the Irish Data Protection Commission fined the company €265 million ($277 million) for failing to stop bad actors from obtaining millions of people’s phone numbers and other data, which were published elsewhere online. The regulator said Meta failed to comply with GDPR data protection rules. 

Instacart will pay $5.25 million to settle a workers’ benefit case

Instacart will pay workers $5.1 million as part of a settlement after it allegedly failed to provide some benefits, as The San Francisco Chronicle reports. San Francisco accused the company of violating healthcare and paid sick leave ordinances. The company, which has not admitted to wrongdoing, will pay an additional $150,000 to cover the city’s legal costs and pay for a settlement administrator to distribute the funds.

“Instacart has always properly classified shoppers as independent contractors, giving them the ability to set their own schedule and earn on their own terms,” Instacart said in a statement. “We remain committed to continuing to serve customers across San Francisco while also protecting access to the flexible earnings opportunities Instacart shoppers consistently say they want.”

People who worked as independent contractors for Instacart in the city between February 2017 and December 2020 are eligible for payments based on how many hours they worked. San Francisco estimates that between 6,000 and 7,000 people are affected by the settlement. The city and Instacart previously reached a similar settlement that covered an earlier time period. San Francisco has settled a benefits-related case with DoorDash too.

After December 15th, 2020, Instacart workers were subject to Proposition 22, which afforded them some benefits without the company having to define them as employees. An Alameda County Superior Court judge ruled in 2021 that the measure was unconstitutional, but it remains in force while Instacart, DoorDash, Uber, Lyft and other gig companies who bankrolled Prop 22 appeal the decision. Another suit — filed by San Francisco, Los Angeles and San Diego — claims that Uber and Lyft drivers should have been classed as workers until Prop 22 passed.

PC shipments saw their largest decline ever last quarter

It’s no secret that the conditions were ripe for a steep drop in PC demand this holiday, but now it’s clear just how bad that plunge really was. Gartner and IDC estimate PC shipments fell by more than 28 percent year-over-year in the fourth quarter of 2022. That’s the steepest quarterly decline Gartner has ever recorded — no mean feat when it began tracking the computer market in the 1990s. Both analyst groups also saw yearly shipments fall by more than 16 percent in 2022 compared to the year earlier.

Some manufacturers suffered more of a blow than others. The top three brands, Lenovo, HP and Dell, saw their shipments tumble between 29 percent and 37 percent in late 2022 compared to a year earlier. Acer took a staggering 41 percent hit, according to Gartner. Fourth-place Apple took a relatively light blow, although that still meant its shipments dropped by as much as 10 percent.

Gartner and IDC share the same explanation. PC sales soared in 2021 as people continued to work from home during the pandemic, but that interest tanked as people gradually returned to the office. Moreover, a worsening global economy left people with less money to spend on upgrades. Would-be customers either had a recent PC or had trouble affording a new one, to put it simply.

IDC is quick to put the seeming freefall into context. While the quarterly and yearly drops were sharp, shipments in 2022 were still “well above” pre-pandemic figures, according to researchers. While demand still looks grim, the market was still stronger than before.

Just don’t expect the PC’s heyday to return for a while. Neither analyst group expects the market to recover in earnest until 2024, and IDC only sees “pockets of opportunity” in 2023. Whether they like it or not, PC makers may have to brace themselves and hope that a combination of new designs and price cuts will sustain interest for the next year.

Apple Watch ruled to have infringed Masimo’s pulse oximeter patent by US judge

In mid-2021, medical technology company Masimo sued Apple over the Watch Series 6’s blood oxygen monitoring capabilities. Masimo accused the tech giant of infringing on five of its pulse oximeter patents after introducing a device that has the ability to measure blood oxygen saturation. Now, a US International Trade Commission (ITC) judge has ruled that Apple did indeed infringe on one of Masimo’s pulse oximeter patents. 

While the judge has also concluded that the tech giant did not infringe on the other four patents involved in the case, the ITC will now reportedly examine whether to impose an import ban on Apple Watches with the feature, as Masimo had requested when it filed the lawsuit. Newer Apple Watches, namely the Series 7 and 8, Ultra and SE, have blood oxygen monitoring features, so the ITC’s decision will also affect them. 

Masimo CEO Joe Kiani told MD+DI in a statement that his company is happy that the judge “took this critical first step toward accountability.” Kiani continued by saying that “Apple has similarly infringed on other companies’ technologies” and that the “ruling exposes Apple as a company that takes other companies’ innovations and repackages them.”

Meanwhile, Apple accused Masimo of being the one that copied its intellectual property in its statement to the publication. “At Apple, our teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features. Masimo is attempting to take advantage of these many innovations by introducing a device that copies Apple Watch and infringes on our intellectual property, while also trying to eliminate competition from the market. We respectfully disagree with today’s decision, and look forward to a full review by the commission,” a spokesperson said. 

The judge’s decision was only an initial ruling that reflects the ITC’s findings during its investigation, and the final ruling for the case won’t be handed down until May 10th. 

New York State sues former Celsius CEO over alleged cryptocurrency fraud

Crypto lender Celsius Network is still facing the consequences of its tumultuous 2022 long after it declared bankruptcy. New York State Attorney General Letitia James has sued former Celsius CEO Alex Mashinsky for allegedly defrauding investors out of “billions of dollars” in cryptocurrency. The executive purportedly misled customers about Celsius’ worsening financial health, and didn’t register either as a salesperson or as a commodities and securities dealer.

The Attorney General’s office claims Mashinsky falsely boasted of low-risk investments and reliable lending partners while “routinely” exposing investors to high-risk approaches that resulted in losses the company chief hid from customers. He also made untrue statements about safety, strategies and user numbers, according to the lawsuit. Celsius’ ex-chief supposedly deceived hundreds of thousands of investors (over 26,000 in the state), some of which James says suffered “financial ruin.”

New York hopes to ban Mashinsky from doing business in the state. It also wants him to pay damages and otherwise compensate investors. In a statement to Engadget, Celsius would only reiterate that Mashinsky resigned as CEO in September and is “no longer involved” in managing the firm.

Celsius is one of the more prominent casualties of last year’s crypto crash. Its token’s value plunged from $7 in 2021 to just $3 last spring. That was particularly damaging to a company that offered loans with little collateral and promised yields as high as 18.6 percent — it didn’t have the resources needed to endure the crisis. It tried freezing withdrawals last June to stabilize its assets, but opted for bankruptcy the following month to restructure and otherwise give it a better chance to regroup.

The lawsuit isn’t likely to be the end of the fallout. Several states are investigating Celsius’ practices, and the Securities and Exchange Commission has been in touch. Celsius isn’t alone in dealing with legal repercussions. Just this week, the crypto exchange Coinbase reached a $100 million settlement with New York over alleged financial rule violations. However, it’s notable that the state is going after Mashinsky directly, not just the business he once ran.