FCC slaps $300M fine on “largest illegal robocall operation” it’s ever seen

Robocallers were already banned for life and unable to pay previous fines.

A phone's caller ID displaying the words

Enlarge (credit: Getty Images | Bill Oxford)

The Federal Communications Commission today issued a record fine of $299,997,000 against a robocall operation that specialized in auto warranty scam calls, the FCC announced, calling it "the largest illegal robocall operation the agency has ever investigated."

"An international network of companies violated federal statutes and the Commission's regulations when they executed a scheme to make more than five billion robocalls to more than 500 million phone numbers during a three-month span in 2021, including violating federal spoofing laws by using more than one million different caller ID numbers in an attempt to disguise the true origin of the robocalls and trick victims into answering the phone," the FCC said.

The FCC proposed the $300 million penalty in December 2022. The FCC said it "offered the parties a chance to respond, which they did not do, resulting in today's unprecedented fine."

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Backblaze probes increased annualized failure rate for its 240,940 HDDs

Lifetime AFRs grew, while quarterly AFRs went from 1.54% in Q1 to 2.28% in Q2.

Interior of hard disk drive

Enlarge (credit: Getty)

Backblaze's quarterly updates on annualized failure rates (AFRs) for its arsenal of hard disk drives (HDDs) have provided unique insight into long-term storage use for over 10 years. Today, the backup and cloud storage company released Q2 2023 data, which explores an intriguing increase in AFRs.

Today's blog post details data for 240,940 HDDs that Backblaze uses for data storage around the world. There are 31 different models, and Backblaze's Andy Klein, who authored the blog, estimated in an email to Ars Technica that 15 percent of the HDDs in the dataset, including some of the 4, 6, and 8TB drives, are consumer-grade. The dataset doesn't include boot drives, drives in commission for testing purposes, or drive models for which Backblaze didn't have at least 60 units.

One of the biggest revelations from examining the drives from April 1, 2023, through June 30, 2023, was an increase in AFR from Q1 2023 (1.54 percent) to Q2 2023 (2.28 percent). Backblaze's Q1 dataset examined 237,278 HDDs across 30 models.

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Backblaze probes increased annualized failure rate for its 240,940 HDDs

Lifetime AFRs grew, while quarterly AFRs went from 1.54% in Q1 to 2.28% in Q2.

Interior of hard disk drive

Enlarge (credit: Getty)

Backblaze's quarterly updates on annualized failure rates (AFRs) for its arsenal of hard disk drives (HDDs) have provided unique insight into long-term storage use for over 10 years. Today, the backup and cloud storage company released Q2 2023 data, which explores an intriguing increase in AFRs.

Today's blog post details data for 240,940 HDDs that Backblaze uses for data storage around the world. There are 31 different models, and Backblaze's Andy Klein, who authored the blog, estimated in an email to Ars Technica that 15 percent of the HDDs in the dataset, including some of the 4, 6, and 8TB drives, are consumer-grade. The dataset doesn't include boot drives, drives in commission for testing purposes, or drive models for which Backblaze didn't have at least 60 units.

One of the biggest revelations from examining the drives from April 1, 2023, through June 30, 2023, was an increase in AFR from Q1 2023 (1.54 percent) to Q2 2023 (2.28 percent). Backblaze's Q1 dataset examined 237,278 HDDs across 30 models.

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Daily Deals (8-03-2023)

EBay is running a back-to-school sale that lets you save 20% on thousands of items including PCs, clothing, coffee makers, vacuum cleaners, and Bluetooth headphones and speakers. And it’s Thursday, which means the Epic Games Store is giving away…

EBay is running a back-to-school sale that lets you save 20% on thousands of items including PCs, clothing, coffee makers, vacuum cleaners, and Bluetooth headphones and speakers. And it’s Thursday, which means the Epic Games Store is giving away two more PC games for free this week (although if you’ve been taking advantage of every […]

The post Daily Deals (8-03-2023) appeared first on Liliputing.

General Motors drops entry-level Blazer EV as deliveries begin

It’s yet another example of new EVs getting more and more expensive.

Seven-eighths view of 2024 Chevrolet Blazer EV RS in Iridescent Pearl Tricoat. Preproduction model shown. Actual production model may vary.

Enlarge / The Chevrolet Blazer EV is one of a number of electric vehicles that General Motors has put into production this year. (credit: Chevrolet)

Chevrolet has begun customer deliveries of its new Blazer EV crossover. Announced at last year's CES keynote alongside a new Equinox EV, the electric Blazer makes use of General Motors' new Ultium battery platform, albeit with styling cues that call back to the gasoline version. Now, Chevy has released pricing information for the 2024 Blazer EV, and if you were hoping for a 1LT entry-level trim, there's some bad news, as that option has been dropped entirely.

Originally, the 1LT was announced with a starting price around $44,995 and was scheduled for the first quarter of 2024. Now, the cheapest Blazer EV will be the front-wheel drive 2LT, although that version won't see showrooms until next year, and pricing won't be revealed until closer to that time.

Currently the Ramos Arizpe factory in Mexico is only building all-wheel drive Blazer EVs, and right now just in RS trim, which starts at $60,215. This Blazer has an EPA range estimate of 279 miles (449 km). That actually makes this Blazer EV more expensive than the entry-level Cadillac Lyriq—which starts at $58,590—an EV that has more range but also only a single electric motor driving the rear wheels.

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General Motors drops entry-level Blazer EV as deliveries begin

It’s yet another example of new EVs getting more and more expensive.

Seven-eighths view of 2024 Chevrolet Blazer EV RS in Iridescent Pearl Tricoat. Preproduction model shown. Actual production model may vary.

Enlarge / The Chevrolet Blazer EV is one of a number of electric vehicles that General Motors has put into production this year. (credit: Chevrolet)

Chevrolet has begun customer deliveries of its new Blazer EV crossover. Announced at last year's CES keynote alongside a new Equinox EV, the electric Blazer makes use of General Motors' new Ultium battery platform, albeit with styling cues that call back to the gasoline version. Now, Chevy has released pricing information for the 2024 Blazer EV, and if you were hoping for a 1LT entry-level trim, there's some bad news, as that option has been dropped entirely.

Originally, the 1LT was announced with a starting price around $44,995 and was scheduled for the first quarter of 2024. Now, the cheapest Blazer EV will be the front-wheel drive 2LT, although that version won't see showrooms until next year, and pricing won't be revealed until closer to that time.

Currently the Ramos Arizpe factory in Mexico is only building all-wheel drive Blazer EVs, and right now just in RS trim, which starts at $60,215. This Blazer has an EPA range estimate of 279 miles (449 km). That actually makes this Blazer EV more expensive than the entry-level Cadillac Lyriq—which starts at $58,590—an EV that has more range but also only a single electric motor driving the rear wheels.

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DataCamp: Pirate IPTV “Scam Judgment” Worth Millions Aimed to “Terrorize” Hosting Companies

In an extraordinary filing at an Illinois court this week, a pirate IPTV-related lawsuit filed by DISH Network last year was slammed by hosting company defendant, DataCamp. After informing the court DISH has no standing to sue in a copyright case, DataCamp claimed that DISH tried to force the company into an agreement to create a ‘False Public Judgment’ for tens of millions of dollars. That document would be used to “terrorize” other hosting companies, DataCamp said.

From: TF, for the latest news on copyright battles, piracy and more.

thunder-lightningFiled in February 2022, a DISH Network copyright infringement lawsuit demanded $32.5m in damages from UK-based CDN company DataCamp.

The complaint alleged that DataCamp failed to take appropriate action against 11 pirate IPTV services flagged by DISH as repeat infringers, through the sending of more than 400 DMCA notices to DataCamp.

Similar lawsuits have become fairly common in recent years and when copyright holders prevail, damages awards can reach hundreds of millions of dollars. It’s therefore no surprise when defendants, including ISPs and hosting providers, find themselves under considerable pressure to settle.

Earlier this year the parties in the DISH matter said that a settlement was being discussed for a second time, just as DataCamp found itself under mounting pressure in an increasingly complex case.

Dramatic developments this week indicate that an amicable settlement is of no interest to DataCamp. The company’s answer and counterclaims contain allegations that, if proven true, could have serious implications for this case and raise questions about many others.

DISH Holds Exclusive Rights to TV Channels

Most if not all infringement lawsuits filed by DISH in recent years have centered on a number of TV channels for which it holds exclusive rights in the United States.

Typical DISH lawsuits filed against pirate IPTV services claim that, since these channels were made available in violation of DISH’s rights, operators are liable for damages under the Federal Communications Act or the Copyright Act.

More recently, DISH favored claims under the Copyright Act, alleging various types of copyright infringement, depending on the defendant and circumstances. DataCamp faces secondary copyright infringement claims, none of which hold water, the company now insists.

“DISH claims it entered into signed, written licensing agreements with the Networks granting DISH the exclusive right to distribute and publicly perform the Channels by means including satellite, over-the-top (OTT), internet protocol television (IPTV), and internet,” DataCamp’s filing informs the court.

“The Channels are not Registered Copyrighted Works with the U.S. Copyright Office. The United States Supreme Court has held that a plaintiff, such as DISH, cannot file suit for unregistered works. DISH has alleged copyright infringement for Unregistered Works in its Complaint.”

The ‘Phony Infringement Notice Scheme’

DataCamp alleges that around October 2017, DISH began sending infringement notices to DataCamp after “concocting a scheme” with anti-piracy partner NagraStar and its law firm. The CDN company says the aim was to “aggressively monetize DISH’s contractual rights under the guise of United States Copyright Law.”

DataCamp claims that the targets in this alleged scheme were smaller companies, including DataCamp, for the purposes of “extorting money” from them. DataCamp was to be used “as an example to bully the rest of the industry.”

According to DataCamp’s counterclaims, the plan was to use the DMCA to pressure smaller companies into compliance. This would enable them to avoid expensive and brand-tarnishing litigation, irrespective of whether the underlying claims were of substance, the CDN company states.

While DataCamp’s allegations are not yet supported by detailed evidence, the UK-based company takes the opportunity to recall some of its own experiences.

DISH TV Channels Are Not Copyrighted Works

“Having been repeatedly threatened with litigation/prosecution, DataCamp believed it had no choice but to comply with DISH’s demands by terminating its customers’ accounts, even when some customers claimed that no infringement occurred and despite DISH’s failure to provide proof of ownership/authority to sue, or proof of infringement, as required by the DMCA,” the company notes.

“In fact, DISH did not possess exclusive rights to any actual identified Copyrighted Works in question. Rather, DISH merely has limited contractual rights to ‘Channels,’ which are not Registered Copyright Works, and are not categorically protected under U.S. Copyright Law. DISH therefore is oddly and improperly trying to leverage its distribution agreements to secure exclusive rights not granted by the U.S. Copyright Office.”

DataCamp then arrives at what it believes to be the crux of the matter. The company alleges that DISH “illicitly and improperly” secures rights in certain TV programming that has not been registered with the Copyright Office. In this case, DISH says the plaintiffs’ sole purpose was to “bully” DataCamp into an agreement.

Dish institutes this action for the primary, if not sole, purpose of bullying DataCamp into agreement to a False Public Judgement for tens of millions of dollars which DISH would agree, in private, never to execute on so that DISH would lie to the industry and terrorize and intimidate other companies like DataCamp into giving into its demands for money, attorneys’ fees, and control of the Alleged Direct Infringers

DataCamp informs the court that it “rejected this fraudulent, false, unethical demand out of hand,” adding that DISH still isn’t taking no for answer and persists with its demands for what DataCamp says would be a “bizarre result.”

datacamp-counterclaim

“DISH actually claims proudly that it ‘does this all the time’,” DataCamp continues.

“DISH’s demands for the creation of a fraudulent judgment would be a fraud on the Court and the Public which DataCamp will not be a party to.”

Counterclaims: Fraud, Deceptive Practices, Racketeering, Conspiracy

DataCamp alleges that DISH misrepresented its exclusive right to any copyright works, its authority to enforce, its possession of registrations for copyright works, and the lawfulness of more than 400 DMCA notices.

“DISH acted intentionally and/or with a reckless disregard for the truth because it (a) knew of the requirements of the DMCA and Copyright Law; (b) repeatedly engaged in this deceptive conduct with DataCamp as well as other service providers; (c) had no genuine concern for any specific Copyrighted Works at issue as evidenced by the demanded False Public Judgement,” DataCamp’s counterclaim reads.

DISH conduct shows a “pattern of racketeering” including fraud, mail fraud, and wire fraud, DataCamp continues, noting it was injured as a result of “these RICO violations.” In respect of the allegedly “phony infringement notices” sent to DataCamp, these are claimed to have had an ulterior motive of assisting DISH to enforce its contractual rights, rather than protect against copyright infringement.

datacamp-counterclaim2

DataCamp rounds off its counterclaims with allegations of civil conspiracy against DISH, Nagrastar, and its law firm, for operating a scheme that induced DataCamp to wrongfully comply with invalid notices, causing significant costs, expenses, and loss of customers. The company seeks damages and a trial by jury.

DataCamp’s answer, affirmative defenses, and counterclaims, are available here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

Microsoft’s next Surface Go tablet is expected to have Intel N200 inside

Rumor has it that Microsoft will unveil several new Surface products this fall, including new members of the Surface Laptop Studio, Surface Laptop Go, and Surface Go lineups. The next-gen Surface Go should be the smallest, most affordable of the bunch…

Rumor has it that Microsoft will unveil several new Surface products this fall, including new members of the Surface Laptop Studio, Surface Laptop Go, and Surface Go lineups. The next-gen Surface Go should be the smallest, most affordable of the bunch. But according to Windows Central’s Zac Bowden, it’ll bring a big performance upgrade over […]

The post Microsoft’s next Surface Go tablet is expected to have Intel N200 inside appeared first on Liliputing.

Angry Tesla customers sue firm over “grossly” exaggerated EV range

Three Tesla drivers launch class action, alleging fraud and false advertising.

A line of electric cars connected to Tesla chargers in a parking lot outside during daytime.

Enlarge / Tesla cars charging on July 17, 2022, in Nephi, Utah. (credit: Getty Images | George Frey )

Tesla is facing a class-action lawsuit filed by customers who say they were misled by the company's exaggerated range claims. The lawsuit was filed yesterday, days after a report revealed that Tesla exaggerated its electric vehicles' range so much that many drivers thought their cars were broken.

"Tesla marketed its electric vehicles as having a grossly overvalued range in an effort to increase sales to consumers," said the lawsuit filed in US District Court for the Northern District of California.

The lawsuit seeks class-action status to represent all people in California who purchased a new Tesla Model 3, Model S, Model Y, or Model X vehicle. The three named plaintiffs are James Porter, Bryan Perez, and Dro Esraeili Estepanian. All three bought Tesla cars in 2022.

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Angry Tesla customers sue firm over “grossly” exaggerated EV range

Three Tesla drivers launch class action, alleging fraud and false advertising.

A line of electric cars connected to Tesla chargers in a parking lot outside during daytime.

Enlarge / Tesla cars charging on July 17, 2022, in Nephi, Utah. (credit: Getty Images | George Frey )

Tesla is facing a class-action lawsuit filed by customers who say they were misled by the company's exaggerated range claims. The lawsuit was filed yesterday, days after a report revealed that Tesla exaggerated its electric vehicles' range so much that many drivers thought their cars were broken.

"Tesla marketed its electric vehicles as having a grossly overvalued range in an effort to increase sales to consumers," said the lawsuit filed in US District Court for the Northern District of California.

The lawsuit seeks class-action status to represent all people in California who purchased a new Tesla Model 3, Model S, Model Y, or Model X vehicle. The three named plaintiffs are James Porter, Bryan Perez, and Dro Esraeili Estepanian. All three bought Tesla cars in 2022.

Read 20 remaining paragraphs | Comments