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Anthropic Loses Appeals Court Bid To Temporarily Block Pentagon Blacklisting

A federal appeals court denied Anthropic's bid to temporarily block the Pentagon's blacklisting, meaning the company remains shut out of Defense Department contracts while the case continues, even though a separate court has allowed other federal agencies to keep using Claude for now. CNBC reports: "In our view, the equitable balance here cuts in favor of the government," the appeals court said in its decision. "On one side is a relatively contained risk of financial harm to a single private company. On the other side is judicial management of how, and through whom, the Department of War secures vital AI technology during an active military conflict. For that reason, we deny Anthropic's motion for a stay pending review on the merits." With the split decisions by the two courts, Anthropic is excluded from DOD contracts but is able to continue working with other government agencies while litigation plays out. Defense contractors will be prohibited from using Claude in their work with the agency, but they can use it for other cases. [...] In the ruling on Wednesday, the court acknowledged that Anthropic "will likely suffer some degree of irreparable harm absent a stay," but that the company's interests "seem primarily financial in nature." While the company claimed the DOD was standing in the way of its right to free speech, "Anthropic does not show that its speech has been chilled during the pendency of this litigation," the order said. Because of the harm Anthropic is likely to suffer, the appeals court said "substantial expedition is warranted." An Anthropic spokesperson said in a statement after the ruling that the company is "grateful the court recognized these issues need to be resolved quickly" and that it's "confident the courts will ultimately agree that these supply chain designations were unlawful." "While this case was necessary to protect Anthropic, our customers, and our partners, our focus remains on working productively with the government to ensure all Americans benefit from safe, reliable AI," Anthropic said.

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John Deere To Pay $99 Million In Monumental Right-To-Repair Settlement

An anonymous reader quotes a report from The Drive: Farmers have been fighting John Deere for years over the right to repair their equipment, and this week, they finally reached a landmark settlement. While the agricultural manufacturing giant pointed out in a statement that this is no admission of wrongdoing, it agreed to pay $99 million into a fund for farms and individuals who participated in a class action lawsuit. Specifically, that money is available to those involved who paid John Deere's authorized dealers for large equipment repairs from January 2018. This means that plaintiffs will recover somewhere between 26% and 53% of overcharge damages, according to one of the court documents (PDF) -- far beyond the typical amount, which lands between 5% and 15%. The settlement also includes an agreement by Deere to provide "the digital tools required for the maintenance, diagnosis, and repair" of tractors, combines, and other machinery for 10 years. That part is crucial, as farmers previously resorted to hacking their own equipment's software just to get it up and running again. John Deere signed a memorandum of understanding in 2023 that partially addressed those concerns, providing third parties with the technology to diagnose and repair, as long as its intellectual property was safeguarded. Monday's settlement seems to represent a much stronger (and legally binding) step forward. The report notes that a judge's approval of the settlement is still required but likely to happen. John Deere also faces another lawsuit by the U.S. FTC, accusing the company of forcing farmers to use its authorized dealer network and driving up their costs for parts and repairs.

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Supreme Court Wipes Piracy Liability Verdict Against Grande Communications

An anonymous reader quotes a report from TorrentFreak: Following on the heels of the landmark Cox v. Sony ruling, the Supreme Court has vacated the contributory copyright infringement verdict against ISP Grande Communications, ordering the Fifth Circuit to reconsider its decision in light of the new precedent. [...] The order (PDF) effectively removes the case from the Supreme Court docket, urging the Fifth Circuit Court of Appeals to take another look at its decision in light of the new ruling. Given the similarities between the two cases, it is no surprise that the Supreme Court came to this conclusion. It is now up to the Fifth Circuit to revisit whether Grande's conduct meets the intent threshold that was established in Cox. That is a significantly higher bar than the one applied in the original verdict, which found that continuing to provide service to known infringers was enough to establish material contribution. The music companies previously said they sent over a million copyright infringement notices, but that Grande failed to terminate even a single subscriber account in response. However, without proof of active inducement, these absolute numbers carry less weight now. Whether this translates into a win for Grande on remand remains to be seen. For now, however, the original $47 million verdict is further away than ever.

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New Jersey Cannot Regulate Kalshi's Prediction Market, US Appeals Court Rules

An anonymous reader quotes a report from Reuters: A federal appeals court ruled on Monday that New Jersey gaming regulators cannot prevent Kalshi from allowing people in the state to use its prediction market to place financial bets on the outcome of sporting events. A three-judge panel of the Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled 2-1 (PDF) in finding that the U.S. Commodity Futures Trading Commission has exclusive jurisdiction over the sports-related event contracts that Kalshi allows people to trade on its platform. The ruling marked the first time a federal appeals court has ruled on what has become the central issue in an escalating battle over the ability of state gaming regulators to police the activity of prediction market operators. Kalshi and companies like it allow users to place trades and profit from predictions on events such as sports and elections. States argue that firms like Kalshi are operating without required state licenses, in violation of gaming laws, including bans on wagers by those under 21. Those states include New Jersey, which last year sent Kalshi a cease-and-desist letter stating that its listing of sports-related event contracts on its platform violated state gambling laws that prohibit betting on collegiate sports. Kalshi sued the state, arguing its event contracts qualify as "swaps," a type of derivative contract, that under the Commodity Exchange Act can only be regulated by the CFTC, which had granted the company a license to operate a designated contract market (DCM). A lower-court judge had sided with New York-based Kalshi and issued a preliminary injunction, prompting New Jersey to appeal. But a majority of the judges on the 3rd Circuit panel concluded the Commodity Exchange Act likely preempted state law. "Kalshi's sports-related event contracts are swaps traded on a CFTC-licensed DCM, so the CFTC has exclusive jurisdiction," U.S. Circuit Judge David Porter wrote. The ruling was in line with the position advanced in other litigation by the CFTC under President Donald Trump's administration. The regulator last week sued Arizona, Connecticut and Illinois to prevent them from pursuing what it called unlawful efforts to regulate prediction markets.

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