The ESA – not, not the cool one – a lobby group made up of various videogame and entertainment companies, has asked the US Trade Representative (USTR) to add Anbernic to its list of companies that are supposedly notorious for engaging in and facilitating piracy. If you’re unaware, Anbernic is one of the bigger names in Android and Linux-based handheld gaming devices targeted at the retrocomputing market.

While many online sellers do include an SD card full of ROMs alongside emulation hardware of all types, Anbernic itself does not appear to do the same when selling directly from its website. Regardless, the ESA argues that these ROM-laden Anbernic devices selling through “normal retail channels” help to “normalize hardware-based piracy by delivering illicit catalogues through a polished consumer product.” This, the ESA says, meets the threshold for a “superfake,” an ill-defined designation that applies to “high-quality counterfeit trademark goods … on a commercial scale.”

↫ Kyle Orland at Ars Technica

There’s a lot of murkiness surrounding whether or not Anbernic sells their devices with preloaded ROMs or not. The number of reports from people who say they did get a ton of ROMs on their Anbernic devices, bought from Anbernic’s own store, is large enough that it’s clearly something they do. However, there’s an equal number of people who say their Anbernic devices were completely free of ROMs, and I’m one of them – I’ve bought like three or so devices from their store over the years, and they never came with any ROMs. My most recent purchase was an RG 35XXPro Linux-based model, and there were no ROMs on it (I replaced the stock operating system with Knulli, which has been a great experience).

If Anbernic does indeed ship at least some of their devices with ROMs preinstalled, then it’s their own damn fault if that lands them in legal trouble. It’s not like downloading ROMs is particularly difficult (just do an internet search for your preferred system and something like “ROM pack” and you’ll get the console’s complete library in a single download), so they really have no need to do so.

There’s one extra layer here though. Third-party resellers like Amazon offer loads of Anbernic devices preloaded with SD cards full of ROMs, all from third parties not affiliated with Anbernic. And wouldn’t you know it – Amazon is a member of the ESA lobby group. In other words, the problem also lies with lax retailers not properly vetting what they’re offering, but instead of going after places like Amazon, they’re going after Anbernic instead.

Amazon is a haven for illegal and counterfeit products, but they’re so wealthy and powerful they just get away with it.

74 FLRA No. 82 includes a brief history of, and argument against, almost complete freedom of arbitrators to interpret collective bargaining agreements.

Some would say that freedom includes completely altering or ignoring the plain meaning in the carefully, painfully, and often contentiously negotiated agreement. Which is then followed by 74 FLRA No. 83 where the arbitrator "disregard[ed] the clear, unambiguous language of these provisions, [which] is not merely frustrating, it is a fundamental breach of the process and the respect it commands." (Quoted from concurring opinion)

It is impossible to go anywhere in a technology space online without hitting a wave of commentary about how stupid GDPR is. It was written by bureaucrats who don’t understand the amazing potential of unrestricted technology. These US-based critiques almost always lean on the oldest trick in cyberlibertarianism: we don’t have time to regulate, we must simply adapt and ride the wave. Nobody has time for government.

Of all GDPR’s consequences, none gets more attention than the cookie banner, which critics present as the inevitable result of government meddling. Blaming GDPR for the cookie banner is like blaming the health inspector for the roaches. The banner is deliberate vandalism, a dark pattern engineered to exhaust you before you can learn anything about the surveillance apparatus humming behind the “OK.” Ironically the banner designed to hide the machine has taught the public more about the machine than a thousand podcasts ever will. Even non-technical people stop at “your data is shared with 996 partners.”

↫ Mat Duggan

There is so much misinformation about the cookie banner, it’s honestly quite hard to believe it’s not deliberately spread. You don’t need a cookie banner for functional cookies, so as long as you don’t share your users’ data with anyone else, you don’t need a cookie banner at all. On top of that, most cookie banners you encounter are actually not compliant with the GDPR at all, because they don’t present a single-click option to block your data from being shared with those 996 partners.

What the cookie banner has done is inform millions – maybe even billions – of people the world over of just how insipid the online advertising and data harvesting industry really is. It put the issue on the map, and by now, everyone, no matter their level of computer literacy, is fully aware of what’s happening to their data every time they see one of these (non-compliant) banners. No else had the guts to do this – except for the European Union.

The wider GPDR has set the baseline for online privacy protections, and while we have a long way to go before we’ve fully solved this issue, the EU at least gave us a good point to jump off from. Smoking and asbestos weren’t banned in a day, either.

While many Americans happily relocate in Scotland, it doesn't always go smoothly. On the island of Bernera, one person is suing the cafe. The complainant has a history of such actions, another Hebridean cafe has revealed problems ("Ms Kellerman is now barred from The Blue Lobster - her dog is still welcome"), and there are others. The local newspaper is unimpressed.

Apple sued OpenAI on Friday, alleging the AI company has stolen the iPhone maker’s trade secrets to develop its own yet-to-be-unveiled AI gadgets.

In the suit, filed in the District Court of Northern California, Apple accuses OpenAI of trade secret misappropriation and breach of contract.

↫ Lisa Eadicicco and Hadas Gold at CNN

I find this about as interesting and watching artificial grass grow, but with the common wisdom being that Apple is behind on “AI”, it was honestly only a matter of time before the lawsuits came. After all, that’s usually what companies who can’t win in the market do. At the very least this will give corporate tech news websites a whole slew of new material.

I just hope they both implode. We’d all be better off for it.