Jeff Bezos loses attempt to block the Moon-landing contract NASA gave to SpaceX

Bezos’ Blue Origin protested SpaceX deal, but GAO said NASA didn’t break any laws.

Jeff Bezos holding aviation glasses up to his face.

Enlarge / Jeff Bezos holds aviation glasses that belonged to Amelia Earhart at a press conference about his flight on Blue Origin’s New Shepard on July 20, 2021, in Van Horn, Texas. (credit: Getty Images | Joe Raedle)

The US Government Accountability Office (GAO) today rejected Blue Origin's attempt to block the lunar-landing contract that NASA awarded to SpaceX. The GAO also rejected a similar protest filed by Dynetics.

NASA in April 2020 selected SpaceX, Blue Origin, and Dynetics to design and build human landing systems. But in April 2021, NASA decided to go only with SpaceX and its Starship vehicle for the Artemis program, which is NASA's plan to return humans to the Moon by 2024.

"The cost of SpaceX's bid was about half that of Dynetics, and one-fourth the amount received by Blue Origin," as our coverage at the time said. While budget was apparently the biggest factor, NASA also "praised the [SpaceX] vehicle's innovative design and future-looking technology that might also one day be used on Mars" and cited Starship advantages including "a spacious cabin for astronauts, two airlocks, and ample payload capability to bring large numbers of experiments to the Moon and return samples to Earth."

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GPD Win Max 2021 handheld gaming PC with Intel or AMD up for pre-order through Indiegogo

The GPD Win Max 2021 is a handheld gaming PC that’s also a tiny laptop with an 8 inch display and a QWERTY keyboard that’s just (barely) big enough for touch typing. That keyboard helps set it apart from other recent devices in this catego…

The GPD Win Max 2021 is a handheld gaming PC that’s also a tiny laptop with an 8 inch display and a QWERTY keyboard that’s just (barely) big enough for touch typing. That keyboard helps set it apart from other recent devices in this category including the ONEXPLAYER and the upcoming Steam Deck. First announced […]

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Targus USB-C Phone Dock turns your phone into a desktop (Samsung DeX compatible)

Targus has introduced a new smartphone dock that not only lets you charge your phone, but which also lets you basically use your phone as a full-fledged desktop computer. The new Targus Universal USB-C Phone Dock has HDMI, Ethernet, audio, and USB por…

Targus has introduced a new smartphone dock that not only lets you charge your phone, but which also lets you basically use your phone as a full-fledged desktop computer. The new Targus Universal USB-C Phone Dock has HDMI, Ethernet, audio, and USB ports, a built-in microSD card reader, and the dock is compatible wish Samsung […]

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Evolutionary chaos as butterflies, wasps, and viruses have a three-way war

The evolutionary pressures result in some pretty complicated host interactions.

Image of a moth

Enlarge (credit: iStock / Getty Images)

We're currently watching—often in horror—what happens as a virus and its hosts engage in an evolutionary arms race. Measures to limit infectivity and enhance immunity are selecting for viral strains that spread more readily and avoid at least some of the immune response. All of that is easily explained through evolutionary theory and has been modeled mathematically.

But not all evolutionary interactions are so neat and binary. Thursday's edition of Science included a description of a three-way fight between butterflies, the wasps that parasitize them, and the viruses that can infect both species. To call the interactions that have ensued "complicated" is a significant understatement.

Meet the combatants

One of the groups involved is the Lepidoptera, the butterflies and moths. They are seemingly the victims in this story because, like any other species, they can be infected by viruses. Many of these viral infections can be fatal, although some kill the animal quickly, and others take their time. Since they often strike during the larval/caterpillar stages, the viruses need other hosts to transfer the viruses to other victims.

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Jake Paul Fight Piracy: Judge Dismisses Triller’s Lawsuit Against YouTuber

After filing a wave of lawsuits against entities alleged to have streamed the Jake Paul vs Ben Askren fight without permission, Triller has clocked up another failure in a US court. A lawsuit filed against YouTuber ‘ItsLilBrandon’ has been thrown out by a judge after Triller failed to follow the court’s orders.

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

TrillerEver since the Jake Paul vs. Ben Askren fight was streamed illegally online, Triller has been filing copyright infringement lawsuits against the alleged culprits.

The campaign began with a $100m complaint against multiple “business entities” but a judge dismissed all but one of the parties from the action, warning that by joining all of them as cooperating parties, the illegal conduct of one defendant could be wrongly attributed to another independent defendant.

In response, Triller began filing separate actions against each entity. One of those suits targeted YouTuber ‘ItsLilBrandon’, later identified as Brandon T. Williams.

Allegations Against Williams

Triller’s complaint alleged that Williams is the operator of the ‘ItsLilBrandon’ YouTube channel, which seemed a reasonable conclusion to draw, adding that Williams publicly displayed the Jake Paul fight and asked followers to “help out” by donating to mobile payment processing service Cash App.

However, without any supporting evidence, the company also went on to claim that Williams owns and operates a number of torrent and streaming websites and accused Williams of utilizing the ‘ItsLilBrandon’ branding as a shell to avoid liability to Triller.

Following up on these somewhat grand allegations, Triller accused Williams of copyright infringement, vicarious copyright infringement, violations of the Federal Communications Act, conversion, and violation of the Computer Fraud and Abuse Act.

Williams Was Served, Triller Seeks Default Judgment

The case docket reveals that 19-year-old Williams was served with the summons and complaint during the morning of June 7. Triller’s representative couldn’t locate the defendant at the expected address but Williams later accepted service at an address in Dauphin County, Pennsylvania.

On July 1, Triller applied for entry of a clerk’s default against Williams, stating that Williams had failed to answer or otherwise respond to the complaint within 21 days of being served. A day later, the clerk entered default against Brandon Williams and ItsLilBrandon, ordering Triller to file a motion for default judgment no later than July 20, 2021.

United States District Judge Fernando M. Olguin informed Triller on July 6 that its motion should include detailed information, such as the damages and injunctive relief sought, and any claim for attorney’s fees. One of the basic requirements was that any claim for damages must be “supported by detailed, clear, and thorough calculations” that cite the “underlying admissible evidence, such as contracts, spreadsheets, and declarations.”

The Judge warned that failing to file for a motion for default containing the information detailed in his order could result in the motion being denied. It could even see the case against the defendant being dismissed for failure to prosecute and/or failing to comply with a court order.

Triller Fails To Comply With The Judge’s Instructions

In minutes dated July 26, Judge Olguin notes that Triller had been ordered to serve a motion for default judgment no later than July 20 and had been warned that failure could result in the action against Brandon Williams and ItsLilBrandon being dismissed.

Triller failed to comply with that order.

Noting that dismissal is a severe penalty and an extreme remedy, the Judge adds that relevant factors have to be weighed before dismissal including the public’s interest in expeditious resolution of litigation, the court’s need to manage its docket, and the risk of prejudice to defendants and respondents.

“Plaintiff’s failure to file the motion for default judgment hinders the court’s ability to move this case toward disposition and indicates that plaintiff does not intend to litigate this action,” Judge Olguin writes.

“Thus, having considered the Pagtalunan factors, the court is persuaded that the instant action should be dismissed for failure to comply with a court order and failure to prosecute.”

The case was dismissed without prejudice, meaning that a new complaint can be filed at a later date. However, in light of the Judge’s demands that a detailed damages claim is required (no evidence supporting such a claim has been presented to the court), it’s open to question whether Triller is genuinely interested in pursuing this matter any further.

The supporting court documents can be found here (1,2,3 – pdf)

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

Scarlett Johansson sues Disney, says Disney+ release of Black Widow broke contract

Lawsuit: Marvel star was promised exclusive theatrical release and cut of ticket sales.

A billboard promoting the movie Black Widow with a giant picture of Scarlett Johansson.

Enlarge / A billboard above the El Capitan Entertainment Centre promoting Marvel Studios' Black Widow on June 22, 2021, in Hollywood, California. (credit: Getty Images | AaronP/Bauer-Griffin)

Scarlett Johansson sued the Walt Disney Company yesterday, alleging that it breached her contract by releasing Black Widow on Disney+ the same day it was released in theaters.

The simultaneous release allowed Disney to pay Johansson less money because she and the Disney-owned Marvel agreed that her compensation for Black Widow "would be based largely on 'box office' receipts generated by the picture," according to Johansson's complaint filed in Los Angeles County's Superior Court for the State of California. This was a contract violation because Johansson secured a promise from Marvel that the movie would initially be released in theaters only, the lawsuit said:

To maximize these receipts, and thereby protect her financial interests, Ms. Johansson extracted a promise from Marvel that the release of the picture would be a "theatrical release." As Ms. Johansson, Disney, Marvel, and most everyone else in Hollywood knows, a "theatrical release" is a release that is exclusive to movie theaters. Disney was well aware of this promise, but nonetheless directed Marvel to violate its pledge and instead release the picture on the Disney+ streaming service the very same day it was released in movie theaters.

The reasons for this were twofold. First, Disney wanted to lure the picture's audience away from movie theaters and towards its owned streaming service, where it could keep the revenues for itself while simultaneously growing the Disney+ subscriber base, a proven way to boost Disney's stock price. Second, Disney wanted to substantially devalue Ms. Johansson's agreement and thereby enrich itself. In the months leading up to this lawsuit, Ms. Johansson gave Disney and Marvel every opportunity to right their wrong and make good on Marvel's promise. Unlike numerous other movie studios, however—including Warner Brothers who, on information and belief, settled with its talent on films such as Wonder Woman after it released those films "day-and-date" to its streaming service HBO Max last year—Disney and Marvel largely ignored Ms. Johansson, essentially forcing her to file this action.

The lawsuit accuses Disney of intentional interference with contractual relations and inducing breach of contract, alleging that the contract breach "was the direct result of Disney directing Marvel to ignore Ms. Johansson's agreement and/or overruling Marvel's wishes to comply with it." Johansson demanded a jury trial and asked the court for monetary and punitive damages in amounts to be proven at trial.

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Daily Deals (7-30-2021)

BuyDig is selling the Microsoft Surface Duo for $389, which may be the lowest price for the dual-screen Android smartphone to date. It might still be a tough sell at that price though, with a new model likely coming soon. Fortunately there are also de…

BuyDig is selling the Microsoft Surface Duo for $389, which may be the lowest price for the dual-screen Android smartphone to date. It might still be a tough sell at that price though, with a new model likely coming soon. Fortunately there are also deals on iPads, laptops, and smart speakers to check out today. […]

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Huawei’s latest flagship phone has HarmonyOS, a Qualcomm SoC, and no 5G

Facing export ban and chip shortage, Huawei is scraping together what it can find.

Despite facing down a global chip shortage, a US export ban, and plummeting market share, Huawei is still plowing ahead and announcing its next flagship smartphone, the Huawei P50 Pro. The phone, which was teased back in June, is the company's first smartphone launching with HarmonyOS, Huawei's in-house operating system (though it's just a fork of Android).

Huawei is weathering several storms as best it can, but these storms are leading to a lot of wild product decisions with the P50 Pro. Huawei devices are usually based on the company's in-house "Kirin" SoCs, made by subsidiary HiSilicon. While the initial versions of the phones will use the 5 nm Kirin 9000 SoC, once the supply on those runs out, Huawei says it will switch to the Qualcomm Snapdragon 888 SoC. But wait—didn't the US Government ban companies from exporting US-origin goods to Huawei?

It did, but Qualcomm was granted a license to sell chips to Huawei back in November 2020.

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