Former Theranos COO Sunny Balwani sentenced to 12 years and 11 months in prison

Ramesh “Sunny” Balwani, Theranos’ former chief operating officer, has been sentenced to nearly 13 years in prison. Balwani was found guilty of all charges in a trial earlier this year that charged him with defrauding the blood testing startup’s patients and investors.

Of note, his sentence is slightly longer than the 11 years and three months given to Elizabeth Holmes, the former CEO of Theranos. Ahead of his sentencing, Balwani’s legal team had asked for probation or house arrest, The Wall Street Journal reported. A probation officer had recommended a nine-year sentence, while prosecutors wanted 15 years in prison.

Balwani will also have to pay restitution, though the amount hasn’t yet been set. He is due to surrender March 15th.

Unlike Holmes, who was not convicted on seven out of 11 total fraud charges in her trial, Balwani was convicted of defrauding Theranos patients in addition to the company’s wealthy investors. As COO, Balwani oversaw the operations of the company’s troubled laboratory, and prosecutors argued that he had detailed knowledge of problems with its blood tests, and the risk they posed to patients.

Though Balwani never rose to the same level of fame as his former partner during his time at Theranos, his relationship with Holmes has played heavily into the intrigue surrounding the company’s downfall. Holmes and Balwani’s relationship featured prominently in The Dropout, a Hulu miniseries about Theranos, and text messages between the two were read aloud in both trials. 

Balwani was also a major part of Holmes’ defense. During her trial, she testified that Balwani had been abusive during their romantic relationship, and that had misled her about issues in the company’s lab. Balwani didn’t testify at his trial or speak during his sentencing hearing. 

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Atari revives unreleased arcade game that was too damn hard for 1982 players

Atari is revivingAkka Arrh, a 1982 arcade game canceled because test audiences found it too difficult. For the wave shooter’s remake, the publisher is teaming up with developer Jeff Minter, whose psychedelic, synthwave style seems an ideal fit for what Atari describes as “a fever dream in the best way possible.” The remake will be released on PC, PS5 and PS4, Xbox Series X/S, Nintendo Switch and Atari VCS in early 2023.

The original Akka Arrh cabinet used a trackball to target enemies, as the player controls the Sentinel fixed in the center of the screen to fend off waves of incoming attackers. Surrounding the Sentinel is an octagonal field, which you need to keep clear; if enemies slip in, you can zoom in to fend them off before panning back out to fend off the rest of the wave. Given the simplicity of most games in the early 1980s, it’s unsurprising this relative complexity led to poor test-group screenings.

Since Atari pulled the plug on the arcade version before its release, only three Akka Arrh cabinets are known to exist. But the Minter collaboration isn’t the game’s first public availability. After an arcade ROM leaked online in 2019, Atari released the original this fall as part of its Atari 50: The Anniversary Celebration collection.

Atari and Minter worked together in the 1990s, as his company Llamasoft created games like Tempest 2000 for the Atari Jaguar. Unfortunately, the two had a falling out in 2015 when Atari blocked Minter’s spiritual successor of that title from release. However, the two sides patched things up by 2018 when they released Tempest 4000, a Minter-helmed sequel with the IP holder’s blessing.

Atari says the remake has two modes, 50 levels and saves, so you don’t have to start from the beginning when enemies inevitably overrun your Sentinel. Additionally, the company says it offers accessibility settings to tone down the trippy visuals for people sensitive to intense light, color and animations.

An AI-focused film festival is coming to New York in February

One of the companies behind text-to-image AI system Stable Diffusion is hosting a film festival exclusively for shorts that were made with AI. Organizers of Runway ML’s AI Film Festival are accepting films with a runtime of between one and 10 minutes that either include AI-generated content or were pieced together with AI-powered editing techniques.

According to Fast Company, Runway said creators won’t be penalized if they use AI tools from other companies. Along with text-to-image generation, creatives can use techniques such as background removal, frame interpolation and motion tracking to help make their films.

“I think we’re heading to a future where a lot of the content and the entertainment and the media that you see online will be generated,” Runway cofounder and CEO Cristóbal Valenzuela said. While many observers are concerned that content generated by AI might displace human creatives, advocates such as Valenzuela suggest that such tools can level the playing field for budding moviemakers. “What I’m really excited about is how AI is really opening the doors for nontechnical people and creatives at large,” he said.

The AI Film Festival is scheduled to take place in February online and in New York. The submission window is open until January 15th. Ordinarily, that wouldn’t give creatives much time to create a piece and submit it, but they may be able to put together a movie much faster with the help of AI.

The judges, who include Valenzuela and Holly Herndon, will assess the films based on originality, narrative cohesion, the quality of composition and the AI techniques that were employed. The folks behind the top five films will receive cash awards, with the grand prize winner taking away $10,000.

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Amazon is being sued for allegedly ‘stealing’ driver tips in DC

Amazon is facing more legal trouble for allegedly robbing delivery drivers of their tips. The District of Columbia has sued Amazon over claims the company was “stealing” tips from Flex drivers. As the Federal Trade Commission argued last year, DC claims Amazon changed its policies in 2016 so that it would use large portions of drivers’ tips to cover base pay and operational costs. The company not only used “misleading” language in its response to worried couriers but falsely told customers that 100 percent of tips would go drivers, according to the District’s Office of the Attorney General.

DC acknowledged that Amazon had paid $61.7 million as part of a settlement with the FTC. However, it said the federal deal helped Amazon elude “appropriate accountability” that included punishment for the damage done to consumers. The Attorney General’s office is asking for civil penalties for every violation of the District’s Consumer Protection Procedures Act as well as a court order barring Amazon from implementing similar practices in the future.

In a statement to Engadget, Amazon maintained that the lawsuit is “without merit” and reflects policies changed in 2019. The tech giant already paid the tips to drivers as part of the FTC deal, according to a spokesperson.

Legal battles like this aren’t unique to Amazon. DoorDash faced a DC lawsuit in 2019 over comparable accusations. The food delivery service reportedly used tips under $10 to replace couriers’ guaranteed pay, but still implied that these were bonuses. DoorDash revised its rules earlier that year to address the complaints.

The timing of the lawsuit is less than ideal for Amazon, to put it mildly. The company just launched a “thank my driver” feature that lets Alexa users in the US share their appreciation for the courier who dropped off their latest package. While it’s supposed to motivate drivers, the gratitude will only be verbal in most cases — Amazon is only handing out $5 rewards to drivers for the first 1 million “thank yous.” As you might imagine, that might not go over well at a time when Amazon has been accused of shortchanging drivers and imposing difficult working conditions.

Formula E moves US race to Portland for Season 9

Construction has forced Formula E to relocate its US race next summer from the Red Hook terminal in Brooklyn to Portland, Oregon. The all-electric racing series filled the final spot in its Season 9 calendar on Wednesday as the 2023 slate of races is set to kick off in Mexico in mid-January. The Portland event will take place on June 24th, sandwiched between doubleheaders in Jakarta (June 3-4) and Rome (July 15-16).

Formula E has held a race in the US every year since it began in 2015, except for the COVID-shortened season in 2020. In addition to New York City, the series has also hosted events in Long Beach and Miami. The move to Portland now means four new cities will have all-electric racing in 2023 as Hyderabad, India; Cape Town, South Africa and Sao Paulo, Brazil were already announced as part of the Season 9 calendar. Formula E also says its hopeful to return to Seoul in Season 10. Construction that the Season 8 venue forced the series to cancel that event in 2023 as it wasn’t able to find an alternate location. 

While Formula E didn’t offer many details in its announcement, The Race reports that the Portland event will be held at IndyCar road course Portland Raceway. According to the report, some modifications to the circuit will be made for the EV racers, including the possibility of added corners. The Race also reports that Formula E considered hosting the North America race in Toronto next year.

When Season 9 begins next month, Formula E will debut its Gen3 electric race car. In addition to an overall design change to a body style that’s more akin to an F-18, the new vehicles pack an electric motor that can deliver 350kW of power (470BHP) to reach top speeds of 200MPH (320 km/h). The cars are also incredibly efficient, converting over 90 percent of their energy to mechanical power. This will be the first Formula car ever with both front and rear powertrains and that setup will be more than double the regenerative abilities of the Gen2. That’s significant since about 40 percent of the energy cars will use during an E-Prix will be produced by regenerative braking. While pit stops aren’t a thing in Formula E just yet, the series will test 30-second charging breaks during select races. The stops are mandatory and will offer drivers two “enhanced” Attack Mode with extra power for overtaking during the race.