Category Archives: Tech

A Mass Tesla Fleet Invasion into Multiple Industries has Begun


https://www.tesla.com/sites/tesla/files/curatedmedia/the_future_of_autopilot.mp4
Tesla promotional video showing the future of autopilot

Your Next New York Taxi ride? It will likely Soon be a Tesla…

The Model 3 has just been approved to join New York City’s taxi fleet.

Among the 40 vehicles approved, Model 3 is the only fully-electric car on the list. Usually, cars only get this kind of certification whenever an automotive manufacturer or individual requests it, but that’s not without some specific standards.

Man Texting in front of Tesla Amsterdam Showroom – Photo / Lynxotic

The qualifications for a vehicle to be certified as a New York taxi cab are simple: it must meet a certain minimum of interior space, have air conditioning installed for, have space for the clear partition between the driver and passengers, and also have its seats covered with an easy-to-clean material. Once approved, these cars can have their official taxi cab equipment installed, which requires a standardized paint job, exterior taxi lights, taxi signage, taxi meter, and interior partition.

Previously, electric cars were seldom used as taxi cabs because of their limited range and power. This was found in an experimental program with Nissan Leaf electric cars that ended in 2015. The problem that the Taxi & Limousine Commission noticed was that drivers were burdened by the significant limits of electric-powered vehicles compared to gas-powered vehicles. It was an especially big burden during hot weather that required extensive use of the air conditioner, which became another battery-draining source that would shorten the vehicle’s already short range even more.

However, Elon Musk’s Tesla vehicles could represent a solution for that problem since the Model 3, for example, has a range of at least 220 miles, which is significantly longer when compared to the Nissan Leaf‘s estimated meager range of 84 miles. The future Long Range Model Y is planned to have an even longer range at 300 miles on a full charge, which matches the average range of a traditional gas-powered vehicle.

Police Department Investigating Tesla Fleet Purchase: Acceleration is Key

As an Allegheny County Sheriff experiments with using Tesla for their police department in Pittsburgh, Pennsylvania, Tesla proves that it could compete in both power and performance against traditionally gas-powered vehicles.

The Allegheny police have reported to particularly enjoy the many technologically advanced features that Tesla has to offer, like its computer monitor, smooth handling, quiet engine, quick acceleration and automatic safety features.

Indeed, many of these Tesla features are particularly handy when it comes to the specific job requirements for police cars to perform at a standard well above the average vehicle. Their only caveat is its average range. Although its range has yet to rival gas-powered vehicles, Tesla has gotten close to the average range of traditional cars that range from 300 to 400 miles on a full tank of gas. This puts Tesla’s foot in the door of the car competition, and who knows how much Tesla’s range will increase in the future as their technology continues to advance and improve.

However, a long range isn’t the only requirement for a police car. It also needs to be incredibly fast, and this is where Tesla dominates. An average gas-powered vehicle could accelerate from 0 to 60 mph in 8 seconds, while Tesla’s electric vehicles (EVs) could reach that in as little as 5 to 3 seconds. At this rate, Tesla EVs are definitely capable of chasing and catching runaway vehicles before needing to recharge.

Additionally, Tesla EVs are a lot safer than traditional vehicles. Many of the Allegheny police deputies have noted how the Tesla would immediately start to break on its own after they put their foot off the gas pedal and before they even hit the breaks. Additionally, Tesla EVs are a lot more cost effective by saving money without the use of gasoline in the long run. The Allegheny sheriff deputy also calculated that Tesla EVs would save them about $17,000 over a period of five years compared to their gas-powered vehicles.

Reflection in Tesla showroom window in Cologne, Germany – Photo / Lynxotic

Tesla Scores #1 among EVs for a Low-Carbon Future

According to Moody’s Carbon Transition Assessments (CTAs), which measures an automotive company’s ability to transition into a more sustainable “low carbon future,” Tesla was the only car manufacturer to receive the highest possible score.

The multi-point scale, with the highest rating being CT-1 and the lowest being CT-9, determines how ready the company is to transition to producing cleaner vehicles with zero emissions. Although BMW, Honda, Toyota, Geely, and Beijing Automotive group also received high CTA scores among the 20 surveyed, they are significantly lower than Tesla’s top spot at CT-1.

Notably, electric car sales have increased three-fold, while diesel vehicle sales have lost appeal and plummeted at rapid rates. With this in mind, the future of electric vehicles looks brighter as their demand and production continues to grow significantly, and every other automotive company needs to catch up.

Moody’s predicts that we will need more intensive carbon emissions testing on global car manufacturers in the near future. This comes at an important time when countries have set out crucial deadlines for petroleum phase-out goals during the expedited transition to clean, sustainable energy in light of the present climate crisis.

Moody’s 20-car-manufacturer assessment also puts an end to the circular argument that many critics of the electric vehicle movement have through the faulty narrative that EV production does more harm to the environment than good.

As Tesla’s production and technology becomes more advanced and sustainable, they are knocking over the barriers that previously held electric vehicles back from popular use. Tesla is well on their way to rivaling the range, speed, power, and performance of gas-powered vehicles. The future of clean transportation no longer has to settle for a lower quality of life and has the potential to create something even better than what we have now.


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Apple Announces a $2.5 billion plan to combat California Housing Crisis

Photo / Apple

Apple’s Ambitious Commitment for Affordable Housing in California

Earlier today, Apple announced its $2.5 billion commitment to combat the housing affordability crisis in California.

$1 billion is designated for an affordable housing investment fund that provides an open line of credit to develop and build new low-to moderate-income housing at a faster rate and lower cost. Another $1 billion is designated for a first-time homebuyer mortgage assistance fund that will provide first-time homebuyers with financing and downpayment assistance with an emphasis on accessibility to first-time homeownership for service personnel, school employees, and veterans.

The remaining $0.5 billion will be for more specific projects that require immediate attention in the San Francisco Bay Area. $300 million will fund Apple-owned and available land in San Jose for affordable housing development. $150 million will go directly to a housing fund specifically for the Bay Area, which currently faces the brunt of the housing crisis. And finally, $50 million will be set apart to support vulnerable populations that will focus on driving systemic change across the many factors affecting homelessness. The $50 million will primarily go to “Destination: Home” to support their efforts to address homelessness in Silicon Valley, after which Apple will make similar efforts to combat homelessness throughout California.

Why is a Tech Company suddenly interested in affordable housing?

Before Silicon Valley became the vibrant tech powerhouse that it is today, and as well as one of the primary driving forces for the San Francisco Bay Area housing crisis, it was the home of Apple and thereby the birthplace of revolutionary personal technology.

Because of Apple’s historical impact on revolutionizing technology for the entire world since it introduced the Macintosh in 1984, the company felt a civic responsibility to alleviate the outrageous condition of California’s housing market that’s exacerbated by being a career destination for the ever-growing tech industry that they initiated into the world.

“Before the world knew the name Silicon Valley, and long before we carried technology in our pockets, Apple called this region home, and we feel a profound civic responsibility to ensure it remains a vibrant place where people can live, have a family and contribute to the community.”

– Tim Cook, CEO of Apple

The Golden State has yet to End its Gold Rush of Population Growth

As California increasingly becomes a more desirable place to live through a variety of factors, the cost of living skyrockets because residential properties increase in both scarcity and value and makes affordable housing availability unable to keep up with the state’s population growth.

It doesn’t help that the presence of the booming tech industry in the San Francisco Bay Area brings in an additional influx of tech professionals at a rapid pace. At this point, only tech professionals who make six-figure salaries could barely afford to live in the area while valuable community members like teachers, firefighters, and emergency first-responders are forced out.

“Affordable housing means stability and dignity, opportunity and pride. When these things fall out of reach for too many, we know the course we are on is unsustainable, and Apple is committed to being part of the solution.”

– Tim Cook, CEO of Apple

After having studied the housing issue in-depth, Apple’s full commitment to the state, in partnership with Governor Gavin Newsom, the state of California and community-based organizations, aims to provide statewide housing support that will be fully utilized in approximately two years, depending on housing project availabilities.

Photo / Apple

“The sky-high cost of housing — both for homeowners and renters — is the defining quality-of-life concern for millions of families across this state, one that can only be fixed by building more housing. This partnership with Apple will allow the state of California to do just that.”

– Gavin Newsom, Governor of California

Additionally, the capital returned to Apple through this project will be reinvested into future projects over the next five years. In the meantime, Apple is looking for private developers who are ready to start construction on affordable housing projects in the Bay Area as soon as possible.


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The Streaming Wars are about to Erupt and TV will never be the same again

https://www.apple.com/105/media/us/apple-tv-plus/2019/ca7883f2_885a_42c7_b0cc_529b287c1925/films/for-all-mankind/apple-tv-plus-for-all-mankind-tpl-cc-us-2019_1920x1080h.mp4
Official Trailer: “For All Mankind” from APple TV+

Everything You Need to Know before the Launch of Full Throttle Entertainment Competition

Over the past ten years, online streaming has changed the course of television history. Services like Netflix and Amazon Prime have transformed the way that we consume media, taking the physical TV out of TV and replacing it with laptops and handheld devices. In the upcoming months, however, history is about to take another enormous leap forwards, as the addition of several new streaming services will take entertainment to entirely new, competitive, and corporately segregated levels.

Enter the New Players: Every Other Major & Minor Studio

While Netflix, Amazon Prime, and Hulu have more or less reigned supreme as the premiere streaming services since they launched, they will soon meet a new lineup of fierce rivals on the battlefield. Over the next few months, Disney, AT&T’s WarnerMedia, Apple, and NCBUniversal will all be entering the streaming world, respectively with the launches of Disney+HBO Max, Apple+, and Peacock… and that is just a handful of them.

For the most part, each of these new streaming platforms will feature all of the content owned and created by their respective parent companies. With a Disney+ subscription, one can watch everything from Marvel movies to Star Wars to “Snow White and the Seven Dwarves.” HBO Max will offer every episode of “Game Of Thrones” and “Friends.” Peacock will give you every episode of “Saturday Night Live” and “The Office.” And so on.

How will Disney Juggle their Family-Oriented Brand with their Monolithic IP Collection?

Of course, there are a few exceptions to this rule. For example, Disney plans to keep its streaming service relatively family-friendly, and therefore will not be offering some of its more mature properties—i.e. 20th Century Fox content such as “Deadpool” or Miramax titles such as “Pulp Fiction,” all of which are technically under the wing of Disney, but do not fit their wholesome brand. 

Owning intellectual properties from Fox, Pixar, Marvel, Lucasfilm, National Geographic and beyond, Disney+ is bound to be the biggest juggernaut in this oncoming streaming war. The service also comes at the most affordable price, costing only $7 a month as opposed to HBO’s estimated $15/month or Netflix’s current $12/month. 

The Walt Disney Company is not underestimating the significance of Disney+’s launch. CEO Bob Iger has frequently mentioned that it is Disney’s most important development in the fifteen years that he has led the company—and this is the man who spearheaded the Pixar, Marvel, and Lucasfilm acquisitions. As a testament to its importance, Disney has also dropped over a billion dollars into marketing for Disney+, recently even releasing a 3-hour long trailer showing a taste of everything the service will offer.

Corporate Segregation and the IP Divide Demands Consumer Loyalties

Disney is doing all this because they know that they will have to compete with some very skilled rivals. While Disney may have a wide breadth of content in their libraries, they are limited to their own intellectual properties. If someone is a fan of DC over Marvel, then they may take their money over to Warner’s HBO Max. Likewise, if someone is a die hard Trekkie rather than a Star Wars enthusiast, they may opt to subscribe to CBS All Access so they can watch the new episodes “Star Trek: Discovery” and “Piccard.”

This is where the corporate segregation becomes a limitation for streaming. When it was just Netflix, Amazon, and Hulu in the ring, these services would license out content from larger film studios. Netflix, for example, could write a check to Warner Brothers to have their movies and TV shows on their site. Because of multiple deals like this, subscribing to a streaming service used to mean getting access to a wide-range of content made by many different companies. 

Now that the larger companies are creating services exclusively for their own libraries, taste and target audiences will play a larger role in the world of streaming. The streaming playing field is not just about to get far more competitive, but it is also about to get far more divisive. Rather than subscribe to a seemingly arbitrary collection of movies and shows via Netflix or Amazon, subscribers will have to chose based on the company whose work they prefer the most. 

Will Content Variety that Consumers Crave Disappear?

Unfortunately, this means that if someone is a fan of both Harry Potter and Star Wars, they are out of luck and will have to pay for two different services to get them both. This could even lead to an issue of oversaturation, as people are unlikely to pay for five different services just so they can get the variety they desire. If that is the case, they might as well go back to paying their cable bill.

Thus, the future may lie in mergers and bundles between the services. For small additional prices, subscribers could get extra content or access to more than one streaming platform at a time. Disney has already started offering bundle plans with Hulu, which will give subscribers access to some of those less wholesome titles excluded from Disney+. This may be the only way to keep streaming sustainable and affordable in such a corporately stratified landscape.

Who’s going to be the Winner? Bet on Creativity to come out on top, every time

What will really determine who gets out of this streaming war alive, however, will be original content. Regardless of how good Disney’s library is, viewers can only rewatch the Marvel and Star Wars movies so many times before they desire something new to keep them subscribing. Therefore, original shows and films will be the key to keeping audiences invested. Netflix and Amazon have already been slowly transitioning towards this, focusing more on their own productions of lately as the licensing model fizzles out.

Likewise, Disney+ is promoting itself in part with new movies and shows—among them a live action “Lady and the Tramp” remake, a Marvel series focused on Tom Hiddleson’s Loki, and Star Wars’ “The Mandalorian.” Meanwhile, HBO Max is promising a “Game of Thrones” prequel series. It is products like this that will be available exclusively through the streaming platforms that will keep certain companies’ services afloat over others. 

All in all, each company best saddle up with their best writers, directors, casts, and crews, because creativity will be the most powerful weapon in the streaming war. Whoever wields it best is most likely to stand triumphant in the end.


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Watch Apple Video of New AirPods Pro: plus Memes and a Deep Dive into the Innovative Auditory Technology

https://www.apple.com/105/media/us/airpods-pro/2019/1299e2f5_9206_4470_b28e_08307a42f19b/films/product/airpods-pro-product-tpl-cc-us-2019_1920x1080h.mp4
New Video Clip for AiRpods Pro by Apple

Ever since Apple announced in 2016 that the iPhone 7 would not have a headphone jack, thus requiring its customers to purchase wireless AirPods, the company has received some flack for its profit-driven, forceful choices. Today, four iPhones later, headphone jacks have still not come back; investing in AirPods or an adapter remain the only ways to “wire” into your Apple device’s audio.

Now, hardly a month after the release of the iPhone 11, there is a new model of AirPods on the market, titled AirPods Pro. Even though the Pros have some revolutionary features, many Apple patrons’ initial reactions, as is typical in social media, were dismissive, snide, or mocking.

AirPods Pro / Photo / Apple

Immediately after Apple released the AirPod Pro’s design, the Internet whipped up a few viral memes about it. Given the earpiece’s cone-like, beakish appearance, people have been comparing the Pros to several tube-faced characters. According to the Internet, the AirPods Pro distinctly resemble Bellsprout from Pokèmon, Peashooter from Plants v Zombies, Birdo from Super Mario Bros, Pingu the Penguin, Q*Bert, Snoopy, and more. Outside of pop-culture references, the new earbuds have also been aesthetically likened to seahorses, hairdryers, and even sex toys.

Indeed, there is a lot of laughter and eye rolling going on at the new AirPods’ expense, and it doesn’t help that they cost $250—nearly $100 more than the previous model. Still, however, despite their flaws in appearance or marketing, the AirPods Pro have a few noteworthy features worth checking out.

First off, their strange new shape is not without purpose. Allegedly, the AirPods Pro are built for comfort, molded to easily fit the figure of one’s ear. Not only will this help the wireless earbuds stay in place, but the shape is also supposed to help cancel out outside noise by creating a tight seal between your ear and the rest of the world so you can listen without interference. If that wasn’t enough, the AirPods also use a new ventilation system to make sure pressure is equalized within your ears. Plus, they are water and sweat proof to endure an active user’s lifestyle.

On a more technical level, the AirPods Pro utilize advanced software and a dual speaker system to create an immersive experience for the listener. One of the two speakers points towards the ear, projecting music in the eardrum’s direction. Meanwhile, the other speaker actually points outwards and reacts to the environment, making sure the noise cancellation is optimal in any given situation. This dual system can reportedly update the sound signals up to 200 times per second.  

AirPods Pro / Impressive Insides / Apple

Furthermore, the Pros also employ Adaptive EQ technology, which fine-tunes music to best fit the user’s ear shape. Using data given off by vibrations, the technology can work with frequency, range, and distortion to deliver a personalized, ideal auditory experience. Then, if all of this is too much, the Pods also offer a Transparency Mode, which gives users the option to soften the noise cancellation if they want to hear something going on outside their own head.   

Apple also claims that the AirPods Pro will charge faster and last longer, read text messages aloud, respond to voice activated Siri commands, and allow multiple Pods to be linked to a single device, allowing for easy shared listening. Lastly, the AirPods will supposedly work even better when paired with Apple’s upcoming iOS 13.2 update.

Photo / AirPods Pro User / Apple

So, even if they do resemble Bellsprout or Snoopy, there are definitely some nifty details in Apple’s AirPods Pro, and early tests-runs have already deemed the product phenomenal

Are these well reviewed fancy details worth an extra Benjamin, though, or are they just excessive? Currently, the answer to that question is up to you. Nobody is forcing you to buy the AirPods Pro right now. However, given the way Apple operates, perhaps a few updates or iPhones down the road, they will be a necessity… that is until the next auditory Apple invention comes along. 

Photo / AirPods Pro with iPhone 11 / Apple

Apple reveals new AirPods Pro, available October 30

  • AirPods Pro will be available for $249 (US) and are available to order from apple.com and in the Apple Store app in the US and more than 25 other countries and regions.
  • AirPods Pro will start shipping on Wednesday, October 30 and be available in stores beginning later this week (varies by country and region).

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How will 5G Technology and Ultra High Resolution Audio Quality affect Music Production?

Photo / Adobe Stock

Back to the Future: Digital Resolution to Rival best Analog of the Past?

With the oncoming advent of 5G technology and the increasing availability of 24-bit audio quality, consumers will soon be able to listen to music that sounds better and do so with greater ease. 5G will make streaming more efficient and the advantage 24-bit resolution over the MP3-standard 16-bit will make all kinds of music more sharp and whole sounding. For the first time in the digital age, there will be a significant evolution in how we hear music.

How these new technological innovations will change the music industry on the consumer end is more-or-less predictable. About a month ago, Amazon was the first major company to baseline high-resolution quality across its music streaming services. Amazon’s success, as well as that of other companies who employed this superior quality, proved that listeners notice the difference are willing to pay for better audio. Therefore, once 5G makes high-res music more accessible, it will raise expectations.

What people are currently overlooking regarding this innovation, however, is the question of how high-res and 5G will change music on the production end. When CDs were first introduced in the 1980s and everything had to be converted, many albums and tracks were remastered for the new medium. The same thing happened with the arrival of the iPod in 2001. Music became digitized. No longer were songs ingrained in the vinyl of a record, but rather stored in pixels on computers.

24-bit audio may not warrant equally radical changes, but it very well could affect how musicians and producers chose to make and mix new content. Consumers’ ears will soon grow accustom to this new quality, so when future tracks are released, they will have to be fit for this new standard.

Photo / Adobe Stock

As we inch ever closer to Biological Parity with our Senses, Pleasure can’t be Far Behind

On the simplest level, this introduction of higher-quality audio might just make our music sound a little bit more full. On the other end of the spectrum, however, these changes in tech could herald in entire new genres. Over the past two decades, as computers, phones, and MP3 players became the most popular platforms to listen to music on, there has been a noticeable correlated change in mainstream music. Hip-hop and rap have had renaissances in the twenty-first century, and EDM and dubstep are all but products of the digital age.

These latest 5G and 24-bit improvements in how we hear and appreciate music could bring about similar stylistic transformations. As quality increases, musical tastes can change, and innovation can come about as a result. Who will create this new kind of music and what it will sound like is impossible to foresee. Such is where artistic ingenuity comes into play. At its core, music remains one of the original essential art forms. No amount of technology can change that, but the artist can understandably embrace the technology to advance the craft and discover new horizons. 


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Tesla Announcements: Elon Musk shares 3rd Quarter Profits, Gigafactory, and Solar Tiles V3

Tesla Shares Make a Surprise Comeback and Soar 21%

Tesla’s third-quarter profit results released on Wednesday, October 23rd surprised investors after a long-time series of doubts about the company’s ability to compete with larger and better capitalized rivals in other parts of the world.

The company announced a $143 million profit third quarter profit in 2019, and that, by the end of September, Tesla had $5.3 billion in cash and cash equivalents along with $371 million in operating cash.

Additionally, after Chief Executive Elon Musk announced his promise of a 2020 rollout with a more affordable SUV and more self-driving technology, Tesla’s shares rose almost 21% to $307.12 within hours of the unexpected news.

This is obviously good news for both Tesla and its investors, but there are going be a few more battles needed to prove consistent profitability and to remain ahead of the market it was the first to establish.

“Given the breakneck speed of expansion, Tesla will face significant demands on its cash pile.”

Nicholas Hyett, Financial Analyst at Hargreaves Lansdown

So far, Tesla has shown significant increases in production efficiency while setting another record for deliveries led by Model 3. This, along with their new, cost-cutting Shanghai Gigafactory 3, holds promise that they’ll be able to meet these profitability demands.

Tesla Giga Factory 3 in Shanghai, China

Shanghai Gigafactory Increases Tesla Production Efficiency

After returning to profitability, Tesla revealed that its Shanghai Gigafatory is now ready to start producing EVs for China, the world’s most populated country. In fact, it’s already assembling full vehicles on a trial basis to work out a few regulatory kinks before official production begins.

Tesla released their Q3 2019 update and said “China is by far the largest market for mid-sized premium sedans. With Model 3 priced on par with gasoline powered mid-sized sedans (even before gas savings and other benefits), we believe China could become the biggest market for Model 3.”

As Tesla breaks significant ground in China, their sustainable influence reaches beyond North America, aiming for a greater presence on the global stage.

Solar Roof Tile V3: Affordable Sustainability = Accessible Sustainability

Elon Musk’s proposed third iteration of his solar roof tile products is now ready for sales.

During his company’s annual shareholder meeting in June, Musk promised that these solar tiles would have a significant improvement in performance and affordability. If you factor-in future utility savings and how much a new roof installation generally costs, the product would be on par with the cost of cheap, non-solar roofing tiles.

This is a significant development towards affordable, sustainable energy measures since Tesla first unveiled the product in 2016 and opened pre-orders in 2017.

However, consumers have been generally slow to purchase the solar tiles because of their reservations regarding timeline expectations for prospective installation.

Tesla App showing “My Home” – Photo / Tesla

Hopefully, once more information about this is made available, the sales will take off, thereby increasing the accessibility for many more homes to go solar.


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Zuckerberg Skillfully Cornered on Facebook Policies by AOC at D.C. Hearings

Photo Graphic Collage / Lynxotic

Zuckerberg stumbled and evaded while attempting to respond to AOC on Facebook Behaviors and Policies, especially its Political “Lie Exemption” Policy

While Mark Zuckerberg’s controversial Libra cryptocurrency project is what initially got him into the House for another hearing on October 23rd, the House Financial Services Committee Members took this as an opportunity to express their concerns about Facebook’s paramount involvement in a variety of controversial issues.

Each committee member was given five minutes to address their Facebook policy concerns with Zuckerberg, and they did not waste their time, especially Alexandria Ocasio-Cortez as she interrogates him regarding Facebook’s influential role in endangering the nation’s democracy and general safety.

Here’s a brief rundown of the topics she addresses that continue to put Zuckerberg and his insidiously dangerous Facebook ‘megaphone‘ under hot water to this very day:

Libra Cryptocurrency: Another Scam to hide behind an Outsourced Entity in order to Evade Accountability? This time, he’s going for the Poor and “Unbanked”

On June 14, 2019, Zuckerberg released his plans to launch a cryptocurrency project called Libra on Facebook, and since then, it’s been facing a lot of criticism from the government and anti-trust regulators.

The Libra cryptocurrency is a part of Facebook’s future mobile payment system, proposed at Facebook’s annual developer conference in April. The crypto currency project aims to allow Facebook’s 2.4 billion worldwide users to exchange payments with minimal fees and without the need for a third-party software.

“It’s not that Facebook is evil, which it may or may not be. Facebook hasn’t shown an ability to think through unintended consequences or prevent bad actors from weaponizing its platform.”

ScotT Galloway, Marketing Professor at NYU, Author of “The Four”, well-known for his unsparing critiques of influential tech companies

But, while the idea appears to have good intentions behind it, much like many of Zuckerberg’s other ideas, the problems and potential dangers are in the details.

So, the real issue is in how the Libra cryptocurrency project can potentially influence Facebook’s extremely wide global user base in a number of negative ways.

“If 50 percent of Facebook users all of a sudden use this coin, then you potentially have a new reserve currency globally. If you would weaponize a global currency and start monkeying with it, you could have what capitalists fear more than war: a recession–or some sort of a global economic meltdown.”

SCOTT GALLOWAY

California Representative Congressman Brad Sherman interrogated Zuckerberg extensively on this topic during the Financial Services Committee Hearing, which illustrated these repercussions specifically.

Brad Shermon eloquently points out a pattern that Zuckerberg struggles to answer. He appears to be attempting to hide behind platitudes of egalitarian ideals in order to avoid accountability for content controlled by his platform.

“…but for the richest man in the world to come here and hide behind the poorest people in the world and say that’s who you are trying to help, you are trying to help those to whom the dollar is not a good currency—drug dealers, terrorists and tax evaders..”

Rep. Brad Sherman to Zuckerberg at the House FInancial Services COMmittee Hearing

Cambridge Analytica: AOC cites Facebook’s Biggest Scandal that brought ‘Catastrophic Impact’ to American Democracy in the 2016 Election

But the House Financial Services Committee wasn’t having it, and AOC Exposes Facebook’s Flaws for All to See:

Alexandria Ocasio-Cortez begins her five-minute interrogation by citing Facebook’s Cambridge Analytica Data Scandal from 2018. Her reasoning is that, before even considering the Libra cryptocurrency issue, it’s important to analyze how Facebook handled Cambridge Analytica because the Libra cryptocurrency project has potential for far worse.

Essentially, AOC gave Zuckerberg a chance to make a case for himself. He had an opportunity to show that he and Facebook are equipped to adequately deal with the repercussions of establishing Libra, and to answer this fundamental question: has Facebook learned from its past mistakes regarding the Cambridge Analytica Data Scandal so that they could take the necessary actions to ensure that data scandals won’t happen again?

Next she asks, what year and month did Zuckerberg first become aware of Cambridge Analytica? He doesn’t remember, but it was probably around March 2018, when the scandal became public.

When did Facebook COO Sheryl Sandberg become aware of Cambridge Analytica? Again, Zuckerberg says he doesn’t know, so AOC asks a follow-up question. Did anyone on his leadership team know about Cambridge Analytica prior to when the initial report came from The Guardian on December 11, 2015? Now, for this one, Zuckerberg believes that this was the case and that members of his leadership team were tracking it internally. Additionally, he takes this opportunity and appears to try to avoid responsibility by saying that he was aware of Cambridge Analytica as an entity, but he also wasn’t aware of how they were using Facebook specifically.

When was the issue discussed with his board member Peter Teal? Once again, Zuckerberg proclaims his ignorance, to which AOC iterates that his answers are unacceptable. It is unacceptable that he did not properly discuss the “largest data scandal” with respect to his company that had “catastrophic impacts on the 2016 election.”

While Zuckerberg flaggingly scrambles to defend himself by explaining that they did discuss the issue when it happened, he fails to answer whether Facebook is capable of being accountable for their actions by addressing their mistakes with handling data privacy so that they wouldn’t be repeated. If Facebook truly cared about handling data privacy, then they would have taken extensive measures to address the issue. Maybe then, Zuckerberg would’ve actually remembered enough about the issue to answer AOC’s questions.

Read more: Zuckerberg claims Facebook is the ‘5th Estate’ while in Reality he runs Algorithmic Dictatorship

Facebook Policy allows Politicians to Pay to Spread Misinformation

Zuckerberg’s seemingly flagrant irresponsibility with regards to handling Facebook leads AOC to confront him on the current hot topic: “Facebook’s official policy to allow politicians to pay to spread disinformation in 2020 elections and in the future.” She demands to know how far this policy could be pushed before Facebook decides to fact-check and take down these posts, because, again, they have the potential to influence the next election directly.

Could politicians enact voter suppression by advertising wrong election date to zip codes with primarily black communities? Zuckerberg vaguely explains that content will be taken down if it were to cause an obvious immediate harm. Okay, but what if it’s not obvious? Will his answer suffice then? The answer is likely no, because infinite ways can be found to dodge this issue, then, once again, and we’re back to square one.

Further she presses him, Could she (AOC) run ads targeting Republicans in primaries saying that they voted for the Green New Deal? Zuckerberg is unsure, but answers that she probably could. Elizabeth Warren recently did something similar in her “Zuckerberg Supports Trump” ad.

Does Zuckerberg see the potential problem here with a complete lack of fact-checking on political advertisements? To that, he appeals to common morals: lying is bad. His logic is that he doesn’t want to prevent constituents from seeing that politicians had lied, which clarifies that Zuckerberg won’t take these ads down.

The problem with this logic is that the general public is assumed to have the ability to differentiate between lies and the truth. But, as this current presidency has proven, many, if not most, people clearly do not.

Thoughts on Zuckerberg’s On-Going Dinner Parties with Far-Right Figures? Debatable, or so he tries to imply.

Further, Zuckerberg’s on-going dinner parties in which he cultivates relationships with known politically far-right figures is also suspicious. After all, there have been numerous times that alt-right entities abused social media platforms in the service of discrimination and hate crimes.

Did Zuckerberg discuss the alleged social media bias against conservatives, and does he believe that this bias exists? Zuckerberg indicated that he couldn’t remember the question or answer it, appearing to want to avoid confirming or denying these associations under oath, so AOC moved on.

Next she asked Zuckerberg to explain why he named the Daily Caller, a publication well-documented to have ties to white supremacists, an official fact-checker for Facebook? Once again, Zuckerberg tries to escape responsibility by saying that they don’t actually appoint independent fact-checkers and that they come from an independent organization called the International Fact-Checking Network (IFCN) that has rigorous standards for who they allow to serve as a fact-checking entity.

White-supremacist-tied publications meet a rigorous standard for fact-checking? Zuckerberg had no answer, which is again, an indicator that she had pushed him into areas he would prefer to avoid. After research, it turns out that he lied, or at minimum mis-led in his answer on multiple points, First, the (IFCN) have generally “certified” a total of 62 organizations globally, but it is, indeed, Facebook and presumably Zuckerberg personally, that chose the 6 in particular that are Facebook partners.

There’s a Pattern Here: Facebook and other Social Media Platforms Need to be held Accountable

Clearly, Zuckerberg still thinks that he could get by with excuses in an effort to absolve himself from the endless blame that Facebook receives from The Media for meddling with numerous socially-influential affairs.

It’s hard not to notice that while Mr. Zuckerberg has been given many chances to make amends for Facebook’s failures, the opportunity has been for naught, apparently, because his private for-profit company is only interested in maintaining user engagement, which he now claims is in the name of free speech and equality. However, clearly, these cannot actually be achieved without specifically executing processes that address the discriminatory practices.


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Elon Musk Celebrates: Starlink Satellite Landmark Tweet, Boring Company LV Tunnel Progress and Tesla Snags Model 3 Award

SpaceX – Starlink – Gif animation

Tweeting from Space – Starlink Makes Significant Strides

Elon Musk just posted from his twitter using a SpaceX launched Starlink satellite. The message, which could be seen by his 28.8 million followers highlights the steps towards making space-based internet service a real possibility on Earth. Perhaps this will be like Edison’s “Watson come here I want to see you”. Seems like “Whoa, it worked”, would be more appropriate in both cases!

The Starlink project has been set in motion and is making good progress in launching a network of broadband satellites to provide connectivity globally, most notably to include areas that lack reliable access to high speed internet connection. The first part of the internet network launched May 2019, deploying 60 Starlink satellites.

SpaceX has recently made a request of the International Telecommunication Union (ITU) to launch an additional 30,000 satellites into orbit (bringing the total to 42,000), which is a significant hike from the previously planned number of 12,000 already approved by the Federal Communications Commission (FCC).

The Boring Company’s Las Vegas Convention Center Loop Project in Full Construction Phase

The contract between the Las Vegas Convention and Visitors Authority (LVCVA) Board of Directors and The Boring Company to design and construct a twin-tunnel loop system for the Las Vegas Convention Center (LVCC) has entered its full construction phase.

Currently, it’s on schedule to be refined and ready for the Consumer Electronics Show at LVCC in 2021. Upon completion, the LVCC Loop will provide fast and convenient transportation for convention attendees across the campus through autonomous electric vehicles (AEVs), like Tesla Model X and Model 3 vehicles, at up to 155 miles per hour. Essentially, this shortens a typical 15 minute walk time to as little as 1 minute via the loop transportation system.

Another interesting feature of the site is its ground-level passenger stations, which are designed without elevators. This means that although there won’t be any elevators transporting the AEVs up and down as they transport people, therefore the LVCC loop itself should be much more efficient to build.

Additionally, although The Boring Company has been quite transparent about their project details, what they’ve left up to speculation is the kind of tunnel boring machine (TBM) they’ll actually be using to dig the tunnels. So far, the TBM in question has been transported to the site in segments, so its full assembled identity lies in wait. Will it be a Godot, a conventional TBM tested at Hawthorne, a Line-Storm, a super-fast, hybrid TBM that Musk previously teased us about, or a Prufrock, a noiseless, electrically powered TBM with zero carbon emissions?

Photo / Lynxotic

Tesla is UK the Car of the Year

Tesla Model 3, the electric, four-door sedan is the most affordable of the Tesla electric vehicles, and it’s recently won four awards from the Parkers Car Price Guide, a well known automative magazine in the UK for “Car of the Year”, “Best Electric Car”, “Best Company Car” and “Best Safety” Award for any vehicle on the market.” Musk recently retweeted about the award. 

Despite lots of (questionable) negative stories in the media, Elon Musk and his various companies and projects continue to amaze, amuse and innovate as the 3 mini-stories above clearly show. Stay tuned for more on these and other Musk projects soon.


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Zuckerberg claims Facebook is the ‘5th Estate’ while in Reality he runs Algorithmic Dictatorship

Collage / Lynxotic

Imagine a Monster Dictator who claims he wants to Free us all from “Traditional Gatekeepers” while he Controls the Ultimate Gate with Iron Fist

Here, a man who almost single-handedly controls the world’s largest social network – with users counted in billions, implies that there is any connection whatsoever with heroes of the history of journalism and what is now disparaged as “The Media” but was once called the 4th Estate.

People having the power to express themselves at scale is a new kind of force in the world — a Fifth Estate alongside the other power structures of society. People no longer have to rely on traditional gatekeepers in politics or media to make their voices heard, and that has important consequences.

– Mark Zuckerberg

Claiming that, somehow, thousands of independent newspapers with tens of thousands of writers and editors, challenging governments and investigating corruption and lies is similar in any way to a digital dictatorship that controls every word or image through its algorithms, and has as its only goal to maximize private profits, is an outrage – and yet this point has only been hinted at in even the most critical coverage.

Express Ourselves at Scale? Really? As long as His Algorithm deems it in Facebook’s Monetary Interest

Mentioning the “traditional gatekeepers” blocking voices, as if his private, for-profit platform has no gate and makes no decision in which voices are heard and by whom is a lie, told in plain sight, so enormous it is shocking.

Except, as he clearly hopes, on hearing vague pronouncements about a fantasy world, most will just switch focus, away from the real way his digital empire functions to some kind of vague discussion of “free speech”. And, in the case of political advertising, speech that he collects millions of dollars to promote and propagate, with no thought of actual free speech that will be drowned out and silenced by his dictatorial decision. That’s the real gatekeeper at work.

Talking about “free speech” as having any role whatsoever on a platform where exposure is controlled 100% by the same network’s private corporate ownership is worse than any Jospeh Goebbles propaganda the Nazi’s ever came up with and is an Orwellian nightmare come to life.

Since Zuckerberg’s speech was clearly designed to confuse and cover up this simple, obvious fact, using Trump style repetition of simple irrelevant lies to influence people to abandon the more complex truths, the underlying truth bears repeating.

Yelling “fire” in a Crowded Theater is of no use if the Crowd can be digitally disappeared at any time

Claiming that “censorship” of “free speech” is not appropriate for a platform that controls who sees and hears that content 100% at all times has to stand as the criminal obfuscation of the century.

As misleading propaganda it is brilliant in its stupidity. To imply that any speech at any time is “free” on a platform that controls access by each and every user at all times is ludicrous at best and vile propaganda at worst.

Have millions of dollars to spend to ensure that your lies are seen by millions? No problem. Have inflammatory disgusting views to share? Sure, the algorithms love anything that increases “engagement”.

On the other hand, as members of the actual 4th Estate found out during the “Great Purge” of 2018, if Zuckerberg & Co decide that you should not be seen for any reason, usually a reason that pertains to increasing profits for Facebook, then you are disappeared, Pinochet style, and can forget about your “free speech” being heard or seen ever again.

Nice way to build a “5th Estate “ to protect us from “traditional gatekeepers”.

Algorithmic Crimes are the Real Story, bigger and worse than Traditional Antitrust Violations

Just mention the word “algorithm” and we all tend to get glossy-eyed and begin to lose interest.

Never mind that the results of your Google search are controlled by algorithms that “decide” what you should be allowed to see or not, while what you may buy is controlled by the private, infinitely biased algorithm employed by Amazon, whose only goal is to increase its own profits at your expense. And then there’s Facebook.

A master of dystopian science fiction would be hard pressed to envision a more sinister, hellish world than the one we already inhabit, where what you think, what you think you “know”, what you believe and what you consume are all controlled by what are essentially robot brains, owned and controlled by evil private corporations with trillion dollar market caps.

And Mr. Zuckerberg has the nerve to talk about “Free Speech” on Facebook? In the words of Greta Thunberg “How dare you!”, and as in the struggle against the powers that profit from the accelerated extinction of future generations, it’s time to end the Algorithmic Dictatorships and, via the real Fourth Estate and free the billions that are, as yet, unknowingly victimized, by whatever means necessary.


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Historic All Female Spacewalk and New Artemis Space Suits Unveiled by NASA

Photo / NASA

NASA Just Made ‘Her-story’ …

On October 18th, this particular spacewalk became a monumental one because it’s “breaking the galactic glass ceiling” by being the first one conducted entirely by women.

On the 221st spacewalk in support of the space station assembly, NASA astronauts Christina Koch and Jessica Meir will be replacing a battery/discharge unit that failed to activate on the space station’s exterior. This particular unit is one of many that regulates the solar energy collection charge put into the new batteries that were just installed on October 11th. Thankfully, the unit’s activation failure didn’t hinder station operations or endanger the crew, but once this unit is replaced, the new batteries will be able to provide increased station power.

This milestone, along the road to bringing the first woman and next man on the moon by 2024 through NASA’s Artemis Lunar Exploration Program, is sure to inspire students everywhere, especially young girls who’ve always dreamed of becoming astronauts. Now, they could see themselves on the way to the moon, and perhaps, beyond.

More updates about the spacewalk and as well as additional information about the International Space Station can be found on NASA’s blog.

Newly Revealed Spacesuits for Artemis Moon Mission Set for 2024

Two suits were unveiled; one for transit “Orion Crew Survival Suit (OCSS),” also known as a flight or launch and entry suit, and a suit for moon-based activities (Exploration Extravehicular Mobility Unit), called the ‘xEMU’ variant. The Orion suit is lighter and made to be worn during take-off and landing; the suit will be depressurized when in use but can provide protection in the event of accidental depressurization, as well as thermal and radiation protection. The xEMU suit is made to withstand and survive temperatures that range from -250- and +250-degrees Fahrenheit. 

The design’s greatest feature is that of increased flexibility and mobility, allowing astronauts to actually “moon walk” more easily compared to older model suits that was more of a “bunny hop” on Apollo mission with Buzz Aldrin. 

Another feature is its inclusive nature, the suit is made to accommodate any sizing and body type. 

Photo / NASA

Artemis and The Next Era of Space Exploration

Artemis comes from the name of the Greek sun god Apollo’s lunar twin sister, and this next mission is justly named after the Greek goddess of the moon.

The upcoming mission to the Moon represents new galactic grounds to be forged, including the first woman on the Moon and American astronauts’ first step onto the Moon’s South Pole, which is a location that no human has ever been before. The accumulated knowledge from the Artemis mission will be used to establish more sustainable missions and to be one step closer to sending humans to Mars. 

NASA plans to launch two missions prior to the Moon landing to test their deep space systems.  The Artemis 1 is set to launch in 2020 with no crew. The Artemis 2 with an on-board crew is targeted for 2022. And finally, the Artemis 3 is planned for 2024 with the first woman and next man on the Moon. 


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Self-Driving Cars in Entertainment Media: Quantum Leap into Lifestyles of the Future

One Innovation can Lead to Thousands More

We are at points of transition in the worlds of vehicles and entertainment. On both fronts, the past few years have given us unprecedented change. For vehicles, the now practical concept of self-driving cars opens up the possibility of getting around without a human operator behind the wheel. Meanwhile, for entertainment, the rise of streaming services and cord cutting has changed the way we consume media on a mobile basis.

These two evolutions may seem unconnected right now. However, both concepts are still in their infancy. Given recent history, entertainment companies are currently dead set on finding the latest platform to create and distribute their content on, and self-driving vehicles have seemingly limitless potential. It is clear that these two innovative concepts will intersect, potentially in the near future.

With no one operating a car, traveling becomes an experience of little beyond being a passenger. Whether it is doing a daily commute or taking a cross-country road trip, “driving” no longer requires attention and awareness. Being in a car becomes a slot of time where people are essentially trapped in the confines of a small space with no responsibilities. It is the perfect time for catching up on news, entertainment, or communication.

While it might be easy to imagine people in self-driving cars perpetually staring at their smart phones or laptops, there is the possibility that entertainment companies could collaborate with vehicle manufacturers to change the very design of vehicles and make car-riding a transmedia experience.

A Completely new Lifestyle built around Time in Transit

What this would look like is unclear, but one can imagine a car surrounded in screens—on the backs of seats, propped on dashboards, and even over some of the windows, making entertainment accessibly (maybe even unavoidably) built into a vehicle’s architecture. Many companies are gearing up for the potential. Finnish company FlexSound is pioneering “augmented audio” devices that can produce movie theater quality audio by imbedding transducers into car seats and headrests, allowing the occupant to feel the sound directly, for example.

The potential does not stop there, though. Consuming media exclusively in a car offers a very particular experience, one that companies could capitalize on with originality. Virtual reality simulations are one of the latest breakthroughs in entertainment tech. Currently, virtual reality occupies a vague area somewhere between film and video games. Despite its growing popularity, VR is yet to find an exact home in the day-to-day lives of consumers.

Perhaps self-driving cars can provide that stable home for VR. With the help of technology, media equipped vehicles could change the very landscape that one is driving through everyday. With screens disguised as windshields, a boring commute could become an adventure through some of the world’s most interesting places. Perhaps the commute could even be through different worlds. Hypothetically, by hooking your Tesla up with a Disney or Warner Brothers package, you could find yourself driving across a Star Wars planet, Gotham City, or some other fictional place every single day.

Who will lead in the Contest to provide Entertainment Solutions for a Newly Liberated Population?

Of course, VR could offer more than just moving through these places. There could be narratives involved. During your drive across Gotham City, the Joker could pop out of an alley, or you could find yourself in a car chase with the Batmobile. On the other hand, your car could become a Disney World ride, and driving your kids to school could become a Millennium Falcon or Buzz Lightyear adventure that involves shooting down enemy ships in a distant galaxy.

The possibilities are endless. Of course, it will all be a façade, but so is every form of visual entertainment. Ever since Thomas Edison created the Kinetoscope in 1897 to produce the first motion pictures, we have been happily living in a world filled with enthralling illusions. 

The future of entertainment is unclear, but self-driving cars merging with media outlets is one distant idea that has already crossed the minds of industry executives. If self-driving cars become more popular over the next decade, it is possible that we will see this conglomeration / convergence take effect. Perhaps Uber and Lyft will do away with their drivers and start producing movies instead. Or maybe they will team up with Netflix, Amazon, or Apple+ to have a constant stream of content. Or maybe instead of Ubers and Lyfts altogether, we will get around in Disney Taxis or join in on Universal Studios Carpools. Again, the possibilities are endless. What’s your take?


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iOS 13 Tips: How to Use and Manage the new Share Menu for iPhone and iPadOS

https://video-lynxotic.akamaized.net/iOS13-ShareMenu-Master.mov
Video showing how to use and manage the new “share menu” in iOS13 and ipados 13

Unlock new Convenience and Powers using the iOS 13 Share Menu

In the video above we showcase the somewhat hidden tricks needed to unlock the full potential of the new share menu for iOS 13 and iPadOS. The video uses iPadOS in order to give a better view within the video aspect ratio vs. the narrow iPhone screen dimensions. The streamlining of work across iPhone, iPad and Mac is much improved and expanded with the updates to iOS 13, iPadOS and macOS Catalina.

The share menu can vary from app to app, many use most often from within Safari or the Mail app, however, for this video we chose the Apple News app as the operations are essentially the same. Third party apps may have different choices of compatible apps to use for sharing and, naturally, different types of content (photos, news story links, PDFs, etc.) would be share with and can be saved into other apps in various ways compatible with those formats.

All-in-all this is a very powerful addition to the iOS / iPadOS toolbox and is but a tiny piece of the puzzle of new features and options built into this upgrade. Stay tuned for more tips and tricks and, if you prefer, you can also view the video on YouTube (below). Please, as always, subscribe and follow!

Photo / Apple

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Tesla and Elon Musk are Smiling: Gas Pumps Out, Charging Stations In –

Is this a Canary in the Coal Mine moment?

Say what you want about radical engineer Elon Musk, but his companies have certainly produced some very innovative products over the years. None are perhaps as revolutionary as Tesla’s line-up of wildly popular and stylish electric vehicles that require no gasoline.

This past weekend, a beacon of progressive light shone through the clouds as two gas stations on different sides of the world got rid of all their fuel pumps and transitioned entirely to EV charging stations. One of the gas stations is in Norway and it is a branch of the global Circle K convenience store company. The other is a local gas station in Takoma Park, Maryland called RS Automotives

This is significant, not due to the world adding two more charging stations, there are many already and Tesla’s network of stations is truly remarkable. The news here, however, is that these are stations that have decided to abandon gas, oil and, presumably, gasoline-based auto maintenance for EV charging and convenience. This is a trend that, hopefully, will accelerate.

In the wake of the UN 2019 Climate Action Summit, these initiatives are but small victories in the fight for environmental reformation. Nonetheless, we can take these updates as signs of individual improvement and solace. Either they are money-driven transformations reflective of more people turning to electric vehicles, or they are examples of non-money driven actions that we may need businesses to make in order to shift consumers in the superior, ecologically sensitive direction.

While gasoline-electric hybrid vehicles have been around for a while with popular older models such as the Toyota Prius and the Honda Insight, Tesla stands as the first widely popular electric car that runs on zero fluids excluding the windshield-wiper fluid (or tiny amounts for cooling batteries). Instead of filling it up with gas, you charge it up like a phone.

Admittedly, charging up a Tesla can, in some situations, take a while— close to an hour if fully discharged and topped off (Tesla suggests 80% maximum at any time to promote battery health and longevity). Although over half a million Teslas have been sold since their first all-electric Model-S debuted in 2012, some people still assume that the time it takes to charge one up is Tesla’s greatest weakness.

The “Range Anxiety” debate is not new, and not entirely real

This “weakness” is part propaganda, part wishful thinking and part scare tactic. The reality is, pumping gas also takes time and if you add in a bathroom break and a short stop to grab a drink to go, a supercharger can approximate, with ease, the turn-around time. Not to mention the peace of mind that comes with using a fill-up (charge up) as a break from driving rather than a hurried gas smelling pit-stop.

Charging stations have been popping up more frequently across the country and the world in the last few years. Tesla, Volkswagon and some venture capital-based start-ups have made initiatives to put up tens of thousands more EV charging stations along highways and roads.

This trend can be seen as a canary in the coal mine moment for the demise of fossil fuel based transportation and, ultimately, the fossil fuel based economic model. The looming climate crisis, breaking out virtually every day into the news, is but one reason to cheer this development. There are many more and many CitCM moments to come.


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New iPad 10.2″ Retina Released – Video from Apple keynote Showcases the First 7th Generation iPad

https://video-lynxotic.akamaized.net/iPad_Release.mp4
Above: Video of Apple September Special Event keynote announcing the new ipad 7th gen.

$329 price point for this size is groundbreaking

This new iPad will benefit greatly from the new, iPadOS 13.1. With a bump from 9.7 to 10.2 this new version is twice as fast and has a larger screen in the same size case. Not quite as powerful as the current iPad Pro model, but with the A10 Fusion chip it will have some power for all the new multi-tasking features in iPadOS.

The new OS is a huge and “under the radar” shift in the history of tablets and computing. The long running debate over the possibility of the iPad being considered a “laptop replacement” continues but the beginning of the end comes with iPadOS.

It’s not the features or performance, although those are impressive, but the commitment to building an OS that is neither a “touch-screen computer” or, well, an iPad.

Instead, the new direction (finally!) for iPadOS, is an attempt, often emphasized by Apple while few listened, to take advantage of possibilities that only the iPad could achieve. The workflow and User Experience will continue to grow and transform and, at the same time, remain a completely unique and new “thing” living between laptop, desktop and iPhone.

Photo / Apple

The Smart Keyboard is compatible with the new iPad, as is the Apple Pencil. The emphasis in the “September Special Event” this year, as we, unlike some others, expected, is the truly huge evolution of the entire Apple Ecosystem. A particular and spectacular new product? Well, that’s in the eye of the beholder. “Just a better camera, just more pixels? just a faster processors?, all of this is great, but we’ve all become jaded and unmoved.

It’s the “invisible” evolution of the infrastructure that is the real “one more thing” that is never mentioned. Although many can not or do not take full advantage (in all fairness, who can?) it is the slowly creeping, relentless improvement in how the various devices work and, most importantly, work together, that is the real “game changer”.

Photo / Apple

Also in stealth mode until the September Special Event unveiling, is what Apple is calling “Machine Learning” along with Deep Fusion which are sort of like forms of AI without the scary world ending Musk scenarios. The new chips in iPad, iPhone and Macs (don’t forget Apple Watch!) are extending and continuing this aspect of why intensely complex activities gradually become commonplace on and across devices.

Features enabled by Machine learning have been growing in the background in iPhone and iPad, particularly in new models from the last 2 years, but now this will go into overdrive. Add 5g next year and the second wave will be ready to commence.

Naturally, stay tuned for other new iPad models models that may arrive later in the fall.


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Apple releases iOS 13.1: Download Now

After the initial release of iOS 13 proved to be a little buggy (but beautiful), today Apple released iOS 13.1 with updates and features along with added safety. Some features added since last weeks initial update include a “share ETA” feature in Apple Maps, as well as improved AirDrop performance.

iPad OS 13.1 is also going live in front of tomorrows release of the new seventh-generation iPad entry level. Orders start tomorrow with deliveries and in-store availability “later this week” according to Apple.

This is going to be an extremely eventful September and October for those who own a Mac, iPhone and iPad. With mac OS Catalina due out sometime in October (exact date not specified by apple yet) it will be weeks before all the new features are “digested” by our brains. Added to the fun is the fact that many features, such as Side-Car for Catalina, which allows the iPad to be used as not only an extended second screen but also as a sort of satellite stand alone control device for the Mac you choose as the source. We are working on live experiments with this feature and it is amazing, especially in conjunction with iPad OS 13.1. Stay tuned.

Although there are many, many new features, and this is the first year that there are three new major OS releases (4 if you have an Apple Watch) and the learning curve deserves a much more in depth look than just a hurried list of features and specs and comparisons to the same hurried lists from last year. These new updates will virtually define the word “synergy” and it will take months for the upgrades to be fully immersed into our digital worlds.

https://www.apple.com/105/media/us/iphone-11-pro/2019/3bd902e4-0752-4ac1-95f8-6225c32aec6d/films/product/iphone-11-pro-product-tpl-cc-us-2019_1920x1080h.mp4
iPhone 11 Pro video by Apple

After last year’s Mojave update marked the first real emergence of iCloud and shared features across all devices as a ninja-superpower force, the triumvirate of iOS 13, iPad OS 13 and Catalina looks to be an even more incredible coming of age for the eco-system writ large.

This is really great news of those who use the devices on a daily basis professionally, just as the new omnipresent “pro” tag has taken hold, and, although it is understood that bugs will come and eventually get squashed, this really is the new platform we have waited for.


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iPhone 11 Pro Max: Night Mode for all and Elon Musk’s Cyborgs come to life

On Friday we took out the new iPhone 11 Pro Max for a spin and got some Manhattan Beach photos and video footage. Saturday night we did some Night mode tests. The tests revealed some amazing revelations. Below are reactions and examples.

First, the autopsy. According to Apple, intelligent software and A13 Bionic are behind what makes Night mode possible. This, while in the past would be considered a compromise, is now an integral part of the concept of this new technique for shooting photos in very low light situations.

In traditional photographic techniques a long shutter “speed” setting would leave the shutter open, collecting light, for several seconds, even as long as hours for very advanced experimental shots. Although the results can be spectacular the set up, requiring virtually perfect conditions, make these type of photos “pro only” for the most part.

The long shutter opening is the starting off point for Night mode but that is where the similarities end, for the most part. Ultimately the way the iPhone 11 Pro produces ultra-low-light images is the beginning of what is bound to be a long and interesting road; software assisted real-time image processing using machine learning and all manner of highly sophisticated tech enhancements only possible within Apple’s unique total eco-system of chips (hardware), software and A.I.

Sept 13 Keynote featuring the iPhone 11 Pro image processing systems using Bionic A13 chip, GPU and Neural Engine

But in the “real” world it is precisely the simplicity that takes this little upgrade into a whole other head space. First – no tripod needed (unless you are doing ultra max long exposure, and even then you can get by with a steady hand). This alone is, for anyone that has tried long exposures without stabilization, just astounding. Night mode senses that a potential photo can be enhanced and turns on automatically – and the results can be seen (in approximation) live before shooting. Once you shoot there is a delay – from, generally, 1-12 seconds (but usually 3-5 seconds) while the light is gathered and the software goes crazy. At the end is an almost noiseless photo that appears as if light was there that really wasn’t. It’s very odd. But often breathtakingly beautiful.

In the image below you can see the camera app layout during Night mode. On the bottom left you see the automatic setting (in this case set to 3 seconds) and if you tap on that icon the manual controls pop-up (on the right side of the image below) where you can manually adjust the exposure time or, if you want to disable Night mode and take a “normal” shot in low light, you can set it to zero.

iPhone 11 Pro in camera app with Night mode activeand with an auto-setting of 3 seconds

Here is where it gets interesting. And, a little confusing. Confusing because newer iPhones are already automatically enhancing and increasing the “simulated exposure” settings. This means that, to get a photo of what the human eye actually sees in a given low light situation, you either have to use different software with manual settings or simulate the darkness in Lightroom / Photoshop, etc.

So, all the “with and without” Night mode comparisons all over the internet? They are all misrepresenting the “real” situation. To illustrate we have done a mock up with the 3 levels – first on the far left is the simulated “human” light situation and the middle is the Night mode off setting and finally the Night mode end result:

Below, you see the “human vision simulation” and on the right the basic Night mode enhanced version. The room had basically zero light in it except the very dim led Christmas lights on the tree in the subject.

What are we looking at here? We are talking about some sort of Navy Seal, Ninja “let’s take pictures in the dark -cause we can” kind of thing! The Apple examples below, while beautiful and fantastic, don’t even begin to address the Pandora’s Box we are opening here:

https://video-lynxotic.akamaized.net/apple-night-mode.mp4
Apple Instagram night mode video

What one feels when exploring uses of this tool is that it is simply an increased range of lighting situations that suddenly become available and viable. The “usual” thought process of what a photo reveals vs. what the eye sees is literally gone. And one has to start thinking in a completely different way about what, when and where a photo can be taken.

Shot in virtually total darkness with iPhone 11 Max Pro

What is remarkable about the photo above is nothing, except that it was pitch black and the sign was unreadable to the naked eye. If this was a shot needed for a Lifeguard video shoot and the sun had already set, no worries, sun not required. The end result is “normal” but the idea of shooting in the darkest corners and the result looking “normal” is quite strange indeed.

The shot below is a more traditional type of long exposure setting. A girl with a flash light happened to run by and that is where the decorative line was created. So far, other than a shot in nothing but moonlight such as the Apple Joshua Tree in Mojave example in the above video, using Night mode to recreate high contrast “traditional” long exposure photos is actually far less effective than re-thinking the entire photo-taking process to incorporate settings that heretofore were simply not viable for any camera, let alone a “cell-phone” camera.

We are all Cyborgs and the Door is opening to the Second Wave

Elon Musk said recently “we are already Cyborgs” because we carry cellphones. The idea is, a la Marshall McLuhan, that our iPhones (and computers and media and all tech) are extensions of our senses and, ultimately, ourselves. So now, just like that, we have Night Vision. Perhaps the use of the word “Bionic” for the A13 chip is no accident. But it is us, iPhone users, that are becoming Bionic.

“We are already Cyborgs”

Elon Musk at “Super-intelligence: Science or Fiction” conference

Here at Lynxotic, we are dedicated to the exploration of all new “languages” that can be used online. Photos led to film and film to video and now, via the internet we also use various evolving hybrids: animated gifs, live photos, Emojis, Animojis, Memojis, and now “Slofies” and Day-for-Night-mode shots that represent an experience that can only be possible as a Cyborg or Bionically enhanced human.

More and more, so many of us, particularly those of us that work in tech and media, live “inside” our computers and devices. Although our blurry eyes attest to some of the downsides of this life, upgrades, particularly to software relating to the sensual, sensory experiences we share daily, are a very big upside. When you are bionic and live inside your “phone” an upgrade to your vision is nothing less than a tune-up for your soul.

” When you are bionic and live inside your “phone” an upgrade to your vision is nothing less than a tune-up for your soul.”

– D.H.

We believe that we are in ultra-early times in the Second Wave. Just as a grunting cave man was “pre-Shakespearean” in his communication skills, we are searching for new ways to reach out to one another over digital networks and every new tool or method can change our digital lives, irreversibly. Night mode will be one such tool.

Photo shot using iPhone 11 Pro Max, Manhattan Beach CA on 9-20-19 using equivalent 52mm lens

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iPhone 11 Pro Max photo and video examples

We took out the new iPhone 11 Pro Max (that’s a mouthful, right?) for a spin on the first day of availability (delivered on time via online pre-order from Sept. 13th). Here are some of the results. Naturally these are all 100% “raw” in the sense that we used only the built-in apple camera app (third party camera and video apps are not yet functioning) and we did no post processing whatsoever.

The first thing that was noticeable was how the software adjusted for the light much more than in the previous combination of software (camera app) and hardware, and on last year’s XS Max. Well before “magic hour” would naturally turn everything golden, the sun gleaming off the ocean (see above) was already looking very stylized. With some very slight Photoshop or Lightroom adjustments this would “pop” for certain.

Photo shot using iPhone 11 Pro Max, Manhattan Beach CA on 9-20-19 using equivalent 52mm lens

Without more time with the machine and post production software etc. (not to mention the 3rd party apps which do make a huge difference) it is hard to say what the ultimate verdict is on how much better the output is compared to last year’s model. However, the first reaction is: wow. Also it should be noted that the very, very best place to view iPhone 11 Pro photos… is on an iPhone 11 pro (!). The screen resolution improvements are part of the immediate and obvious reaction if you are shooting and viewing the work on the same device. That’s is a little odd, but this is part of an overall disconnect that will be present during the ultra-early times in the Second Wave.

4k VIDEO SHOT USING IPHONE 11 PRO MAX, MANHATTAN BEACH CA ON 9-20-19 USING EQUIVALENT 52MM

For video we got similar, if somewhat less dramatic results. Bear in mind that 4k over YouTube can only be seen if you are using a chrome browser and you may need to manually dial up the setting. If you are looking at this for pro-test footage research you know what I am saying. Mostly you would be seeing this in 1080p and that does still look pretty luscious.

VIDEO SHOT USING IPHONE 11 PRO MAX, MANHATTAN BEACH CA ON 9-20-19 USING EQUIVALENT 13MM lens

Above you can see the same general scene using the ultra wide angle lens (equivalent to a 13mm) which is very wide and does create some distortion and enhancement of perspective – which always looks “cool” in music videos and some landscape settings.

The option to switch (without image degradation) between the three cameras / lenses: the ultra-wide 13mm, the wide 26mm and the 52mm “tele” is very handy, and having the ultra-wide angle will produce some great images not previously seen in iPhone photography. However, as a pro in “real life” with a full set up prime lenses there would definitely need to be an 80mm or 100mm for greater production of depth of field (bokeh and portrait styles) and to capture closer framing without resorting to digital zoom degradation. Also if they would have asked me I would have suggested something like 13mm, 40mm and 80mm. The 80mm is probably not possible due to the fact that it would be very thick (!) but the 26mm is a bit of an orphan getting skipped over, in many situations when looking for dramatic shots. But, hey ! It’s a smart phone!


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This Week in Apple: iPhone 11 Pro, Apple TV+ Release and More…


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Apple TV+ to Launch on November 1: One Year Free with iPhone, iPad, Apple TV, Mac, Touch

https://www.apple.com/105/media/us/apple-tv-plus/2019/ca7883f2_885a_42c7_b0cc_529b287c1925/films/morning-show/apple-tv-plus-morning-show-tpl-cc-us-2019_1920x1080h.mp4
Above: “The Morning Show,” a cutthroat drama starring and executive produced by Reese Witherspoon and Jennifer Aniston, and starring Steve Carell, explores the world of morning news and the ego, ambition and the misguided search for power behind the people who help America wake up in the morning.

On 11-1-19, Apple will start streaming original shows worldwide, to over 100 countries and have a subscription fee of $4.99 per month. For the uncertain there will also be a seven day free trail period.

Using the Apple TV app, It will be possible to view shows on iPhone, iPad, iPod touch, Mac, Apple TV and also online at tv.apple.com. Some of the previously announced shows that will be available initially will be “The Morning Show”(see trailer above), “Dickinson”, “See”, “For All Mankind” and “The Elephant Queen”. New original shows, movies and documentaries will be added each month, according to Apple.

https://www.apple.com/newsroom/videos/see/AppleTV_Plus-see-cc-us-_1920x1080l.mp4
Above: “See,” an epic drama starring Jason Momoa and Alfre Woodard, is set 600 years in the future after a virus has decimated humankind and rendered the remaining population blind. When all humanity has lost the sense of sight, humans must adapt and find new ways to survive.
https://www.apple.com/newsroom/videos/for-all-mankind/AppleTV_plus-mankind-cc-us-_1920x1080l.mp4
Above: “For All Mankind,” a new series from Ronald D. Moore, imagines what would have happened if the global space race never ended and the space program remained the cultural centerpiece of America’s hopes and dreams.
https://www.apple.com/newsroom/videos/dickinson/AppleTV_Plus-dickinson-cc-us-_1920x1080l.mp4
Above: “Dickinson,” a darkly comedic coming-of-age story, explores the constraints of society, gender and family through the lens of rebellious young poet, Emily Dickinson.

Some of the originals to be added monthly include:

“Helpsters,” a new children’s series from the makers of “Sesame Street,” stars Cody and a team of vibrant monsters who love to help solve problems. It all starts with a plan.

“Snoopy in Space,” a new original from Peanuts Worldwide and DHX Media, takes viewers on a journey with Snoopy as he follows his dreams to become an astronaut. Together, Snoopy, Charlie Brown and the Peanuts crew take command of the International Space Station and explore the moon and beyond.

“Ghostwriter,” a reinvention of the beloved original series, follows four kids who are brought together by a mysterious ghost in a neighborhood bookstore, and must team up to release fictional characters from works of literature.

“The Elephant Queen,” an acclaimed documentary film and cinematic love letter to a species on the verge of extinction, follows a majestic matriarch elephant and her herd on an epic journey of life, loss and homecoming.

Oprah Winfrey joins the world’s most compelling authors in conversation as she builds a vibrant, global book club community and other projects to connect with people around the world and share meaningful ways to create positive change.

Following data provided by Apple:

More Apple TV+ originals will be added to the Apple TV app each month, including:

“Truth Be Told,” a gripping new series starring Academy Award winner Octavia Spencer and Emmy Award winner Aaron Paul, explores America’s obsession with true crime podcasts and navigates urgent concerns about privacy, media and race.

“Little America,” inspired by the true stories featured in Epic Magazine, brings to life the funny, romantic, heartfelt, inspiring and surprising stories of immigrants in America.

“The Banker,” a feature film inspired by a true story, stars Anthony Mackie and Samuel L. Jackson as two African American entrepreneurs who try to circumvent the racial limitations of the 1950s and quietly provide housing loans to the African American community in Jim Crow Texas. Nia Long and Nicholas Hoult also star.

“Hala,” a feature film and official selection of the 2019 Sundance Film Festival and 2019 Toronto International Film Festival, follows a high school senior struggling to balance being a suburban teenager with her traditional Muslim upbringing.

Starting today, viewers can watch trailers and add Apple TV+ series and movies to Up Next on the Apple TV app, so they can be notified when the first episodes become available. At launch, most Apple TV+ series will premiere with three episodes, with one new episode to roll out each week, while full seasons of some series will be available all at once.

Audiences worldwide can enjoy Apple TV+ originals subtitled and/or dubbed in nearly 40 languages, including Subtitles for the Deaf and Hard-of-Hearing (SDH) or closed captions. Apple TV+ series and movies will also be available with audio descriptions in eight languages.

Apple TV+ is one of Apple’s newest services, joining Apple Arcade, the world’s first game subscription service featuring over 100 new and exclusive games; Apple News+, which brings together over 300 magazines, newspapers and digital publishers within the Apple News app; Apple Music, the home of over 50 million songs, thousands of playlists and daily selections from the world’s best music experts; Apple Card, a new kind of credit card created by Apple and designed to help customers lead a healthier financial life; Apple Pay, the most popular mobile contactless payment system in the world that gives customers an easy, secure and private way to pay using their Apple devices; as well as the App Store and iCloud.

Pricing and Availability

  • Apple TV+ will be available on the Apple TV app for $4.99 (US) per month with a seven-day free trial starting November 1 on iPhone, iPad, Apple TV 4K, Apple TV HD, Apple TV (3rd generation), iPod touch and Mac. To subscribe to Apple TV+, customers must update to iOS 12.3 or later, tvOS 12.3 or later and macOS Catalina. The subscription will automatically renew at $4.99 per month at the end of the seven-day free trial.
  • Apple TV+ will also be available on the Apple TV app on select 2018, 2019 and newer Samsung smart TVs, and on Amazon Fire TV, LG, Roku, Sony and VIZIO platforms in the future.
  • Customers can also subscribe to and watch Apple TV+ at tv.apple.com in Safari, Chrome and Firefox.
  • Customers with AirPlay 2-enabled Samsung, LG and VIZIO smart TVs must update to iOS 12.3 or later or macOS Catalina to play or mirror Apple TV+ originals from the Apple TV app on iPhone, iPad, iPod touch or Mac directly to their smart TVs. Customers with eligible Sony smart TVs will be able to enjoy AirPlay 2 support later this year.
  • Customers who purchase any new iPhone, iPad, Apple TV, Mac or iPod touch starting September 10 can enjoy one year of Apple TV+ for free. Beginning November 1, customers can initiate the one-year free offer in the Apple TV app on the device running the latest software. Customers have three months after device activation to claim the offer, or if the device was purchased and activated before the launch of Apple TV+, they will have three months starting November 1. The subscription will automatically renew at $4.99 per month after one year. Customers can cancel at any time in Settings at least one day before each renewal date. Customers who cancel during the offer period will forfeit the remainder of their offer. This limited time offer applies to both new and refurbished models, including devices from the iPhone Upgrade Program, is not restricted to any specific sales channel (e.g., Apple Store, resellers) and will be available in all countries where Apple TV+ will launch. Up to six family members can share one Apple TV+ subscription and watch using their own Apple ID and password. Only one one-year offer is available per family, regardless of the number of devices purchased.

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Apple Special Event: Expect the Unexpected? Again?

Everybody Knows Everything that will Happen? Let’s Hope not and Expect the Unexpected…

What about the vaunted world class secrecy that Apple used to be famous for? Aside from a fiasco or two many years ago, and the attendant bru haha, shouldn’t there be some sense of dramatic reveal?

Sure, Ming-Chi Kuo, is known far and wide as predictor extraordinaire and has an uncanny ability to spill the beans with great accuracy. And, it seems, practically any Apple News Outlet seems to be able to tell you exactly what to expect. Or are they?

This year, we have a tile-like gadget which sounds pretty fantastic – and the rumor stems from iOS 13 code so there must be something there. Somehow Kuo and macrumors have determined that the findable gadgets will be “circular”.

imaginary concept for findable bluetooth device (Lynxotic)

Names, Specs, Features and Performance

As far as iPhones, the consensus is 3 models. Possibly called “iPhone 11” and “iPhone 11 Pro” and with better waterproofing, better camera with both hardware and software upgrades as well as video recording improvements related to the camera changes, appear to also be likely.

The list of changes to the specifications include items such as battery performance (with a larger battery), navigation and more ram and so on and so on. And this tiny partial list of what has been debated and discussed does not even include the already well known changes that iOS 13, macOS Catalina and iPad OS will all bring, and how those will interact with the new devices and new device features.

Naturally there are many possible and likely upgrades to the iPhone but also to a whole array of products, software and services.

As we detailed in a recent story the Apple TV+ launch is due, in all likelihood this month. iPad, MacBook, Mac Pro availability, much that was partially or fully announced at WWDC in May is bound to get some attention again.

As a matter of fact, 2019 is a year during which almost every non-iPhone product has been upgraded already. MacBook Air is another recent example. Even an emoji upgrade was announced recently!

Is Excessive Love A Crime?

Although further speculation towards more and better smacks of greed or at least excessive love, what if there are surprises that even the great Ming-Chi Kuo and Macrumors are not yet aware of?

What if the once formidable Apple security and anti-leak team was actually successful in keeping something under wraps?

Perhaps just even better secret details on the changes and improvements to the hardware, particularly the iPhones? Maybe the camera and its increasingly AI based software has something big in the offing?

Or, what if there is actually even one piece of hardware or one aspect of the iPhone “11 Pro” that literally no one has warned us about yet? If the one thing that we will all be talking (and writing and tweeting and posting) about Tuesday afternoon is not on the radar of any of the “what to expect” pundits that have already weighed in?

That is a “what if”, not only to keep in the back of our wide-open minds, but truly, for the faithful, as was in the days of Steve Jobs keynote addresses of yore, it would be one more thing, devoutly to be wished.


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Attorneys General Initiate Antitrust Probe against Google: 30+ States will announce on September 9

Graphic / Lynxotic / Adobe Stock

According to “a source knowledgeable about the probe” and quoted by Reuters and The Washington Post in stories today, more than 30 attorneys general will announce the investigation next week.

In response to the news Google issued the following statement:

“We continue to work constructively with regulators, including attorneys general, in answering questions about our business and the dynamic technology sector”

Google representative Jose Castaneda

The source also intimated that the probe would be focused “on the intersection of privacy and antitrust”, but did not give any further detail.

In July, the US Justice Department announced that it would begin a broad investigation into the possible anticompetitive practices of the largest technology companies. It has been considered likely that Google, Amazon, Facebook and possibly even Apple would be in the crosshairs.

The Federal Trade Commission, who are also responsible for the enforcement of antitrust violations, is looking into Amazon and Facebook and whether they have abused their dominance in online retail and social media, respectively.

Google, after having large fines levied against them in Europe in March for antitrust violations relating to online advertising, will now face the task of changing the outcome of similar accusations of misconduct in the US.

Amazon also has had difficulties coming out on top in European cases. Only yesterday in Paris, the Commercial Court handed down a verdict against the online giant, resulting in a 4 million euro fine and a demand that 7 key clauses in their agreement with “marketplace seller partners” be brought into compliance with French laws.

Meanwhile, Facebook is also under scrutiny as they are under investigation by the FTC for a potential breach of antitrust regulations. Similar to Google in the European case mentioned above, the probe into facebook involves its social media, digital advertising and mobile applications.

Graphic / Lynxotic / Adobe Stock

In a separate matter, Facebook is also under scrutiny by the European Commission in questions relating to its new Crypto Currency “Libra”. A more general inquiry into its possibly anticompetitive behaviors within the EU in also underway.

Overall, it appears likely that these various probes are only the beginning, as all of the massive tech companies mentioned are already the target of governments and politicians, particularly in the US and Europe.

In a peculiar twist, both Republicans and Democrats in the US seem to agree on at least one thing, that these companies are too big and too powerful and should be investigated at minimum and potentially targeted in antitrust actions for illegal behaviors.

The Trump Administration, AOC, Elizabeth Warren, even Joe Biden have come out in favor of breaking up big tech at the hands of the government, after serious violations of antitrust law have been established.


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Amazon must pay 4 Million Euros in France for Unfair Practices: Verdict Could Pave Way for US Decisions

Most significant aspect is not the tiny fine, but the requirement that Amazon change it’s marketplace seller agreement on 7 of 11 practices that were deemed unfair

In a related development to our opinion piece published yesterday, the commercial court in Paris fined the giant US firm for clauses in it’s mandatory agreement for sellers that were found to be abusive and unfair.

In an exclusive story published (in French) by Next INpact the verdict was explained based on ongoing local coverage of the story.

In the article, which you can read in a google-generated translation provided below, it is noted that, similar to the US marketplace, in France approximately 60% of the income for Amazon’s online retail sales is generated by third-party sellers, using the Amazon Marketplace. Total sales are approximately 5 billion Euros per year.

Screen Shot of the Court Document (can be downloaded as PDF below

Of the 11 clauses that were scrutinized in the suit – 7 of them were deemed to be in violation of:

”Article L442-6 of the Commercial Code prohibits “to submit or attempt to subject a trading partner to obligations creating a significant imbalance in the rights and obligations of the parties”.

– Next Inpact reporting on the verdict in the commercial court of paris

Some examples of the offending clauses are summarized in the verdict, which will sound very familiar to US marketplace sellers:

“one of them allows Amazon to modify at any time, without notice, and in its absolute discretion the contract binding to sellers.

Result: either the seller resigns or he loses a significant share of turnover. A clause deemed “exorbitant of French law and contrary to all uses” concludes the decision.”

Nextinpact.com

“Another clause pinned, the one that allows Amazon to terminate a contract with immediate effect “for any reason and at any time by simple notification.

‘A contractual condition much too “general, discretionary and imprecise”, considers the court which notes the absence of notice and proportionality.”

“In the end, the court ruled that 7 of the 11 clauses pinned by Bercy were clearly unbalanced to the detriment of third-party sellers.“

nextinpact.com

With US anti-trust actions potentially moving forward at anytime, it is doubtful that this ruling, although representing little more than a “parking fine”, will be overlooked by prosecutors seeking to build a future case against the giant retailer.

As follows the full, rough, translation of the original article:

EXCLUSIVE.

The Paris Commercial Court sentenced Amazon to a fine of 4 million euros. The platform is also obliged to amend seven clauses under penalty. In question, the existence of a significant imbalance to the detriment of third-party sellers passing through this marketplace. Next INpact releases the judgment of 2 September 2019. In 2015 and 2016, the Directorate-General for Competition, Consumption and Fraud Control launched several surveys of marketplaces accessible in France. The goal? Gauge this sector and update any anti-competitive or restrictive practices.

Three companies stand out, all related to Amazon: Amazon Payments Europe, Amazon Service Europe and Amazon France Services, respectively APE, ASE and AFS. In December 2017, Bercy revealed his procedure initiated before the Commercial Court in July 2017. The administration recalled the ban on restrictive practices. Article L442-6 of the Commercial Code prohibits “to submit or attempt to subject a trading partner to obligations creating a significant imbalance in the rights and obligations of the parties”.

It claimed for this purpose in particular a civil fine of 9.5 million euros. The importance of this amount is easily explained. The company generates in France a turnover of over 5 billion annually.

And more than the majority of sales (60%) are made by third-party sellers, those using its marketplace. During its investigation, the DGCCRF identified several clauses that constitute a significant imbalance. They relate to contracts linking third party vendors with Amazon.

The jurisdiction of the French courts

Over the 49 pages, only APE, which deals with the part “payment”, could finally be put out of cause, not the other two companies. In this respect, Amazon France Service has been considered as a commercial partner of ASE, associated in the development of marketplaces.

ASE has also tried another circumvention: to oppose to the court the clause that attributes jurisdiction to the Luxembourg courts, while ensuring that two thirds of its sellers would be installed abroad.

The blow of the sword touched the water: the provisions in question being police laws, they are not subject to contractual conditions.

A significant imbalance

In the body of the decision, three points were sought: the existence of an economic bid, obviously unbalanced contract clauses and finally a possible rebalancing for the benefit of sellers in the benefits of using this platform.

The criterion of the tender was retained without difficulty, by the combination of several ingredients. Vendors face non-negotiable clauses. Amazon enjoys an economic power without equivalent.

The site is even essential for small third-party sellers, boosted by the network effect (or snowball).

“Amazon is obviously one of the” superstars “of the Internet, which this network phenomenon explains the exponential growth.

11 clauses were identified by the Minister of the Economy in his procedure.

For example, one of them allows Amazon to modify at any time, without notice, and in its absolute discretion the contract binding to sellers. It is up to the seller to look for this information published in the conditions of the site.

Unhappy, he can still terminate the contract, “but then without having had time to find a substitute,” said the court.

Result: either the seller resigns or he loses a significant share of turnover. A clause deemed “exorbitant of French law and contrary to all uses” concludes the decision.

Amazon was unsuccessful in arguing that trading with 170,000 vendors was impossible in an automated process. What the court told him was that “the automated system, precisely because it is, would work just as well with notice.”

With a certain malice, he also recalls that billions of transactions are made every day and that Amazon is in perfect ability to send them a letter on the order, and another on the state of delivery.

discretionary clauses

Another clause pinned, the one that allows Amazon to terminate a contract with immediate effect “for any reason and at any time by simple notification.”

A contractual condition much too “general, discretionary and imprecise”, considers the court which notes the absence of notice and proportionality.

Similarly, Amazon offers the possibility of imposing limits on salespeople based on “performance factors” without explaining their scope and the consequences of non-compliance with the evaluation criteria.

Still in the same vein, the platform is sanctioned for having the freedom to prohibit or restrict access to the site “at its sole discretion”. According to Amazon, the idea is to fight against the sale of dangerous products.

Only problem, the consular judges have not found this clarification in the contract. Same fate for the part that authorizes ASE to refund a customer even in case of non-return of the product of the third-party seller.

An imbalance not compensated by the benefits removed

In a logic of “balance”, the court then examined whether the imbalance of most pinned clauses was not offset by a series of benefits for sellers:

consumer confidence for Amazon, tools sharpened to facilitate management commercial operations, in addition to the storage of products.

The judges mainly recalled that these different benefits are not offered, but have as counterpart “the level of the various commissions paid to ASE by the third vendors”.

And these different benefits also benefit ASE for its own products and attract more and more third party sellers.

“On the other hand,” he says, “some of the shortcomings, especially those relating to business performance indicators, are such as to allow Amazon Service Europe to use a stipulation to, after testing a new product on a market. launched by a third-party seller, favoring the sale of his own to determine that of the third-party seller after aligning his price “.

7 censored clauses, 4 million euros fine

In the end, the court ruled that 7 of the 11 clauses pinned by Bercy were clearly unbalanced to the detriment of third-party sellers.

Amazon will have to modify them. 3 will remain intact, and one has been modified during the procedure. Amazon will have to modify them within 6 months, on pain of 10,000 euros per day.

Rather than the 9.5 million euros defended by Bercy, the court has finally revised down the fine to 4 million euros, especially given the good faith of Amazon, and different “positive steps” since the opening of the procedure.

Note however that the DGCCRF had requested the parameters of the algorithm used, from the United States, to highlight the products in the “Buy Box” Amazon … In vain.

The court finally refused the publication on the grounds that the press release of Bercy dated December 18, 2017 had been very widely (disseminated) and that this judgment should suffer a similar fate.

Download the judgment of the Commercial Court of Paris of September 2, 2019 news available until tomorrow. Posted on 03 September 2019 at 16:27 By Marc Rees


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