Musk defense “borders on the ridiculous,” SEC tells court

Agency is asking judge to hold Elon Musk in contempt after a misleading tweet.

Elon Musk

Enlarge (credit: VCG/VCG via Getty Images)

The Securities and Exchange Commission heaped scorn on Elon Musk and his legal arguments in a Monday legal filing. The agency is asking New York federal Judge Alison Nathan to hold Musk in contempt for tweeting a projection of 2019 vehicle output without first getting the tweet approved by Tesla's lawyers.

Musk has been battling the SEC since last August, when he tweeted that he had "funding secured" to take Tesla private. That turned out to be untrue, and it's illegal to publish inaccurate information that has the potential to move markets. Under the terms of a September deal, Musk paid a $20 million fine and gave up his role as the chairman of Tesla's board (Tesla paid an additional $20 million).

Musk also promised to have Tesla lawyers review future tweets that could contain information that is "material"—that is, significant enough to affect the price of Tesla's stock.

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YouTuber “Golden Modz” Settles Lawsuit Over Fortnite Cheats

The popular game YouTuber “Golden Modz” has admitted to posting copyright-infringing videos that displayed Fortnite cheats and hacks. Brandon Lucas, owner of the channel, agreed to an undisclosed settlement and a permanent injunction that prevents him from promoting Fortnite cheats going forward. The “Golden Modz” channel remains online and appears to have switched focus to GTA V.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

With more than 1.8 million subscribers, ‘Golden Modz‘ ranks among the more popular game YouTubers.

The channel is linked to Florida resident Brandon Lucas, who uses it to share gameplay videos which regularly feature cheats and hacks. 

Game publishers are not always happy to see this type of activity. When Golden Modz uploaded several Fortnite cheat videos last summer, Fortnite creator Epic Games took action. 

Initially, the company just sent takedown notices to YouTube. However, when these were appealed by the channel operator, the game company saw no other option than to go to court. 

In the complaint, filed at a North Carolina Federal Court, Epic Games accused Brandon Lucas a.k.a. Golden Modz of copyright infringement. The lawsuit also named fellow YouTuber Colton Conter, a.k.a. ‘Exentric’, as a second defendant.

“Exentric” made occasional appearances in the videos that were posted on the YouTube channel. In the videos, the two referred to their cheats as “magical powers,” informing viewers where to buy these, while hosting giveaways as well.

Initially, Lucas denied that the videos posted on the channel were his. In an unsworn affidavit, he said that no videos using cheats were posted by him, nor did he own the websites where the cheats were sold. As such, he filed a request with the court to dismiss the case.

Affidavit from last November

Epic Games wasn’t convinced of Lucas’ innocence. The company filed a response to the motion to dismiss stating that, among other things, Lucas previously stated that the videos and channel were his. These claims were made in response to an earlier YouTube takedown request. 

Epic Games’ response

The court sided with Epic Games and denied the motion to dismiss the case. This prompted both parties to get together to see if the case could be resolved without going to trial. Fast forward four months, and Lucas and Epic Games have now agreed on a settlement and a permanent injunction. 

A stipulated order filed at the North Carolina District Court, signed by both parties, clarifies that Lucas did use cheating software in his videos, which he profited from. 

“Lucas publicly displayed the use of cheat software (‘cheats’ or ‘hacks’) to  third parties for personal gain via his YouTube channel, ‘Golden Modz’, by playing in squads with players who were using cheats while playing Fortnite in at least nine videos posted on his YouTube channel.

“Lucas infringed Epic’s copyrights in Fortnite by creating and publicly
displaying unauthorized derivative works of 
Epic’s copyright protected Fortnite code in videos of himself and/or others on Lucas’ YouTube channel,”  the stipulated order reads.

Both Lucas and Epic Games agree that the violations of the Copyright Act caused great and irreparable harm to Epic which can’t be fully compensated or measured in money.

From the stipulated injunction

Despite this claim, there is no damages or settlement amount mentioned in the paperwork. It is possible that Lucas agreed to compensate Epic Games outside of court, but the details of the settlement are not public. 

The stipulated permanent injunction is published in full. This prevents Lucas from engaging in any infringing activity of Epic Games works in the future. In addition, he is not allowed to develop, promote, or link to, any cheating tools for Epic’s games.

The operator of the Golden Modz waived his right to appeal and faces $5,000 in damages in the event that any terms of the agreed injunction are violated.

The co-defendant in this case, Colton Conter, also agreed to a similar settlement and injunction earlier this year.

Injunction or not, the popular Golden Modz channel remains online. It still features several ‘cheat’ related videos. 

Golden Modz channel now

Golden Modz wisely refrained from posting any videos with Fortnite cheats, but the same can’t be said for GTA V.

“USING AIMBOT in GTA Online to make kids rage on the mic! 5,000 likes for part 2!!! Buy Modded accounts and GTA 5 services here – https://gatorcheats.com/,” the description of a recent video reads.

While the injunction doesn’t prevent Lucas from using GTA V cheats, these videos are not without risk either. GTA V’s Take-Two Interactive has also filed several lawsuits against alleged cheaters.

In fact, the company just filed a new case against several John Doe defendants who are believed to be involved with the cheating and ‘griefing’ software Evolve. As such, the company may not be happy with Golden Modz activities either.

A copy of the stipulated order and permanent injunction is available here (pdf). While it’s agreed on by both parties, the US District Court Judge has yet to sign it. That’s usually just a formality.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

Dealmaster: Grab another year of PlayStation Plus for $45

Plus a Samsung 256GB microSD card for $40, deals on 4K Roku TVs, iPad, and more.

Dealmaster: Grab another year of PlayStation Plus for $45

Enlarge (credit: TechBargains)

Greetings, Arsians! Courtesy of our friends at TechBargains, we have another round of deals to share. Today's list is headlined by a deal on Sony's PlayStation Plus, as digital codes for a 12-month membership are currently going for $45 at Amazon, GameStop, and other retailers. That's $15 off the subscription's standard going rate.

The value here is pretty straightforward: PlayStation Plus is required to play multiplayer games online with a PlayStation 4. It still gets you access to a couple free games each month, 100GB of cloud storage for game saves, and various discounts in Sony's PlayStation Store, too.

This deal isn't the absolute best we've seen—these 12-month codes were going for $40 around Black Friday last year, and every now and then we'll see some promo code bring it down as well. But this is the cheapest it's been at major retailers since the holidays, so if you need to top-up soon—or if you just want to tack on another year of service in advance and don't want to wait a few months—this might be a good time to take advantage.

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Hayabusa2 finds that its destination is also a very dark rubble pile

It’s a great day for asteroid fans as two missions report in.

Greyscalle image of a dusty field of rocks.

Enlarge / A sense of the phenomenal resolution at which we can explore the asteroid Ryugu. (credit: JAXA)

Asteroids can tell critical stories about the birth of our Solar System and the processes that produced its planets. In some cases, they are time capsules for the planetesimals that went on to form our planets. In others, they've been through multiple rounds of catastrophic collisions and reformation, providing testimony of the violent processes that built our current Solar System. But figuring out what they tell us has been difficult, because their small size and generally large distance from Earth make them difficult to study using telescopes. And the bits and pieces we have been able to study directly have been altered by the process of plunging from space through the Earth's atmosphere.

All that's on the verge of changing in the near future, as we have not one but two missions that will return samples from asteroids over the next couple of years. In the case of JAXA's Hayabusa2 mission, the first sample retrieval has already taken place, while NASA's OSIRIS-REx arrived at its destination more recently. But since arriving, both probes have been studying the mini-worlds they were sent to, and the first results of those studies are now in.

Today, Nature and Science are releasing a large collection of papers that describe the initial observations of the two asteroids that these missions have targeted. The bodies have turned out to be remarkably similar, as you can see by visiting our Bennu coverage and then comparing it with what we now know about Ryugu, described below.

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At Bennu, NASA finds a mysterious, boulder-strewn asteroid

Overall, the asteroid is very dark, but it has some distinctly brighter areas.

These images of the asteroid Bennu’s northern hemisphere show it covered with rocks.

Enlarge / These images of the asteroid Bennu’s northern hemisphere show it covered with rocks. (credit: NASA)

After traveling more than 2 million kilometers through outer space over the course of 27 months, NASA's OSIRIS-REx spacecraft arrived at the asteroid Bennu in early December of last year. Since arriving, the spacecraft's five scientific instruments have been surveying the 490-meter wide asteroid to better understand its properties and find a safe landing site from which to gather samples for a return to Earth.

On Tuesday, the first results of these scientific inquiries were published in seven papers that appeared in Nature and a handful of its research journals. The seven papers are collated on this website.

In some respects, Bennu is about what scientists expected—a "rubble pile" of stony meteorites that have aggregated under the influence of microgravity. Scientists were able to determine that the density of the asteroid is about 1,190kg per cubic meter. By way of comparison, a potato has a density of about 700kg per cubic meter, and dry gravel about 1,500kg per cubic meter.

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Google Stadia is a game streaming service for “any device”

It’s official: Google is a gaming company (among other things). The company says the goal of its new Stadia game streaming service is to make it easy to game anywhere, any time. You don’t need a high-end gaming PC. And you don’t even …

It’s official: Google is a gaming company (among other things). The company says the goal of its new Stadia game streaming service is to make it easy to game anywhere, any time. You don’t need a high-end gaming PC. And you don’t even need to wait for a game to download. Just fire up a […]

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Google jumps into gaming with Google Stadia streaming service, coming “in 2019”

Google CEO: “We’re building a game platform for everyone.”

The Google Stadia controller, which includes a few custom buttons. The service will also support wired USB controllers and mouse-and-keyboard controls.

Enlarge / The Google Stadia controller, which includes a few custom buttons. The service will also support wired USB controllers and mouse-and-keyboard controls.

SAN FRANCISCO—At the Game Developers Conference, Google announced its biggest play yet in the gaming space: a streaming game service named Google Stadia, designed to run on everything from PCs and Android phones to Google's own Chromecast devices.

As of press time, the service's release window is simply "2019." No pricing information was announced at the event.

Google Stadia will run a selection of existing PC games on Google's centralized servers, taking in controller inputs and sending back video and audio using Google's network of low latency data centers. The company revealed a new Google-produced controller, along with a game-streaming interface that revolves around a "play now" button. Press this on any web browser, and gameplay will begin "in as quick as five seconds... with no download, no patch, no update, and no install."

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4G: SPD will Bußgelder bei schwachem LTE-Netz verhängen

Wenn die Netzbetreiber LTE nicht ausbauen, soll es laut SPD-Fraktion Geldstrafen geben. Verpflichtendes Roaming soll aber nur für die gelten, die auch ausbauen. (5G, Bundesnetzagentur)

Wenn die Netzbetreiber LTE nicht ausbauen, soll es laut SPD-Fraktion Geldstrafen geben. Verpflichtendes Roaming soll aber nur für die gelten, die auch ausbauen. (5G, Bundesnetzagentur)

Daily Deals (3-19-2019)

Yesterday Rakuten was selling the top-of-the-line Huawei MateBook X Pro for $1180, which was one of the best priced I’d seen for that laptop to date. Today Newegg has that price beat: for $1140 you can pick up this 13.9 inch laptop with a high-re…

Yesterday Rakuten was selling the top-of-the-line Huawei MateBook X Pro for $1180, which was one of the best priced I’d seen for that laptop to date. Today Newegg has that price beat: for $1140 you can pick up this 13.9 inch laptop with a high-resolution touchscreen display, NVIDIA GeForce MX150 graphics, an 8th-gen Intel Core […]

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Facebook: No one reported NZ shooting video during 17-minute livestream

Nearly 200 views during livestream, but no user reports until 12 minutes later.

People look on as men pray in a park near Al Noor mosque after a terrorist killed 50 people.

Enlarge / CHRISTCHURCH, NEW ZEALAND—MARCH 19: People look on as men pray in a park near Al Noor mosque after a terrorist attack that killed 50 people. (credit: Getty Images | Carl Court)

Facebook says a livestream of last week's New Zealand mass shooting was viewed fewer than 200 times during its live broadcast and that nobody reported the video to Facebook while the livestream was ongoing.

"The first user report on the original video came in 29 minutes after the video started, and 12 minutes after the live broadcast ended," Facebook VP and Deputy General Counsel Chris Sonderby wrote in an update posted yesterday.

Ultimately, the original Facebook Live video of the terrorist attack "was viewed about 4,000 times in total before being removed from Facebook," the company said. Video of the attack was uploaded many times after the original was removed, and a few hundred thousand videos were viewable on Facebook before being taken down.

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