
The collapse in sales of physical video games discs has been a long time coming, but it mirrors the music industry’s plight. CC-licensed photo by Bryan Ochalla on Flickr.
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A selection of 9 links for you. Spinning around. I’m @charlesarthur on Twitter. On Threads: charles_arthur. On Mastodon: https://newsie.social/@charlesarthur. On Bluesky: @charlesarthur.bsky.social. Observations and links welcome.
Google lawsuit against SerpApi over scraping search results has been dismissed • Seroundtable
Barry Schwartz:
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Last December, Google sued SerpApi over scraping its search results, and now a court has granted SerpApi’s motion to dismiss the case. US District Judge Yvonne Gonzalez Rogers dismissed these claims with leave to amend, giving Google 21 days to refile its complaint if it can demonstrate authorization from copyright owners.
You can see the court filing here (PDF) which basically says Google brought claims under Section 1201 of the Digital Millennium Copyright Act (DMCA), alleging SerpApi bypassed its anti-bot barrier (“SearchGuard”). However, Section 1201 only protects technological measures that restrict access to copyrighted works.
Plain and aggregated search results such as URLs, snippets, and factual index data, are publicly accessible facts and are not “works protected under the Copyright Act.” The judge dismissed these claims without leave to amend, ruling that Google cannot use copyright law to block scraping of uncopyrighted search result data.
And for the knowledge panel, facts, etc, the judge said that Google does not own the copyright to most third-party web content it displays. To claim DMCA anti-circumvention protections over third-party material, Google needed to show that the actual copyright holders authorized Google to deploy access-control measures on their behalf. Google failed to allege this authorization in its original complaint, according to the judge. In this part, the judge dismissed these claims with leave to amend, giving Google 21 days to refile its complaint if it can demonstrate authorization from copyright owners.
The court affirmed that a platform doesn’t necessarily have to be the sole copyright owner to sue under the DMCA if it suffers injury from circumvention – so Google has standing to bring claims if the underlying requirements are met. The judge agreed that spoofing browser fingerprints, rotating IPs, and solving CAPTCHAs to bypass SearchGuard constitutes “circumvention” under the DMCA. Circumvention alone is not illegal under the DMCA unless the barrier is actually guarding copyrighted works with the permission of the copyright holders. [Google cannot argue that about search results – Overspill Ed.]
And yes, this seems like a big win for scrapers.
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The corollary of this is that other non-copyrighted output is free to scrape and make use of. And do you know what else isn’t copyrighted? The output of LLMs and image generators. Which means that “distillation” – asking questions of LLMs and using the output to train your own – has been declared legal by US courts.
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OpenAI’s accidental cyberattack against Hugging Face is science fiction that happened • Simon Willison
Simon Willison, who is the person to listen to about AI, on the OpenAI/Hugging Face exploit:
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It’s pretty clear what happened here. OpenAI removed safety filters for an in-progress model, locked it up in a sandbox and told it to solve the ExploitGym problems. Given the absence of guardrails there was nothing to prevent the model from attempting to break out of that sandbox, break into Hugging Face, and read the answers from there instead.
OpenAI’s sandbox used the now common pattern of allowing access to an allow-list of sites related to installing additional packages via a controlled proxy. In OpenAI’s words:
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While operating in our sandboxed testing environment, our models spent a substantial amount of inference compute finding a way to obtain open Internet access, in pursuit of solving the evaluation problem. To gain access, the models identified and exploited a zero-day vulnerability (which we’ve now responsibly disclosed to the vendor) in the package registry cache proxy. With this access, our models performed a series of privilege escalation and lateral movement actions in our research testing environment until the models reached a node with Internet access.
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So step one was to break out onto the public internet. The model then broke into Hugging Face to find the answers:
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After gaining Internet access, the models inferred that Hugging Face potentially hosted models, datasets and solutions for ExploitGym.
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What Willison brings to this story (which others won’t) is the perspective and the context of someone who has been trying, carefully, to hack these systems since ChatGPT first appeared on the scene in 2022.
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Samsung’s Galaxy Z Fold 8 is a fun new shape for foldables • The Verge
Dominic Preston:
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In photos, I wasn’t impressed by the squat shape. In person, to my surprise, it feels great, and almost immediately intuitive. If you want to get a feel for it yourself, grab your [US] passport — the Z Fold 8 is about the same height and less than half an inch more narrow.
This isn’t Samsung’s only new foldable this year, and in fact, its lineup just got more confusing. The Z Fold 8 may be the official follow-up to last year’s impressive Z Fold 7, but in truth the Z Fold 8 Ultra is the straightforward sequel. That phone has the same squarish inner screen as previous Z Fold phones and a similar triple rear camera. The name feels like a sly trick to get around this year’s inevitable price hikes: Samsung slapped “Ultra” on the box of its highest-end model to help cover for pricing the phone at $2,099.99, up $100 from the Z Fold 7.
Meanwhile, with its wider screens and stripped back cameras, the Z Fold 8 feels less like a sequel and more like a spinoff. And it almost — almost — looks like a bargain at $1,899.99, down $100 on its nominal predecessor.
Samsung isn’t the first to the Z Fold 8’s form factor. Huawei’s Pura X Max launched in April with a similar shape, though it’s only available in China. Apple is widely expected to be next, using a similar passport-esque shape for its first iPhone foldable in September. In truth, elements of this design are even older: the Fold 8 is almost exactly the same width as Google’s first-gen Pixel Fold, though a good deal shorter, bringing foldable phones full circle.
I’ve been sceptical about the return of the wider foldable, which in photos looks squat and uncomfortable, too wide to use naturally while closed and too short to feel expansive when open. The industry tried this design once and moved on, so why — other than Apple’s potential adoption — should we give it a go again?
Samsung’s answer is that its two Z Fold 8 models are designed for different users and different uses. The Z Fold 8 Ultra, tall and thin when closed and similar to a square when open, is meant to be a multitasking monster, useful for running apps in split-screen, giving you the equivalent screen space of two regular 6.5-inch phones side by side. The wider Z Fold 8 is instead about consumption: Its 4:3 aspect ratio is equally natural for watching Netflix shows in landscape as it is for reading ebooks in portrait, and at 201g, it’s light enough to hold comfortably in one hand.
Or, as Samsung’s marketing department puts it, the Fold 8 is for “joy-maxxing,” and the Ultra is for “power-maxxing.” I sit through these presentations so that you don’t have to, folks.
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There’s no way in the world you can call a phone – you know, a phone – that costs nearly $2,000 (probably the same in sterling) a “bargain”.
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Forgot your Google password? Now you can log in with a selfie • Ars Technica
Ryan Whitwam:
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Getting locked out of an account is no fun. Google has a few ways to help you regain access if you happen to forget your password or lose an authenticator, including recovery contacts and backup codes. Now, Google has a completely new option: your face. You can now give Google a video record of your face and sign into your account with a selfie, which sounds like something people are going to just love.
You will have to set this feature up ahead of time if you want the option of regaining account access with a selfie later on. To get started, verify your account type is supported. You won’t be able to configure selfie sign-ins for Workspace accounts, child accounts, or any account enrolled in Google’s Advanced Protection Program.
Configuring selfie sign-in requires you to record a video, which Google will store on its servers. Google’s selfie sign-in landing page includes the typical disclaimers about privacy and data access, promising that the company will keep the video encrypted and won’t use it for any other purposes unless you opt in.
Selfie videos can be used for login purposes, to verify your age for accessing certain account features, and to create an AI avatar. Currently, Google does have an optional toggle in the setup flow that allows the company to use your selfie video to improve its facial recognition tech. A Google spokesperson confirms this is not required to use the new account recovery feature, and the company will not use the video for anything else if you leave the box unchecked.
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Let’s just hope that Google has figured out the ways in which people could be coerced into using this, and worked around it. And tested it against the finest AI money can buy.
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Space datacentres proposed by Musk and Bezos ‘catastrophic’ for planet, experts warn • The Guardian
Tom Perkins:
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Space datacentres proposed by SpaceX, Jeff Bezos’s Blue Origin and others would release staggering levels of pollution that would probably alter the Earth’s atmosphere and be “catastrophic” for the planet, space industry experts and environmental groups warn in a new petition demanding a review of their impacts.
Tech companies have collectively proposed millions of “orbital datacentres” and are pressing forward with plans, which require Federal Communications Commission (FCC) approval. Among other issues, pollution from satellites and rockets burning up upon re-entry appears to be accumulating in the stratosphere at alarming levels. The spacecraft release black soot, rare metals, aluminum oxides and other pollutants with unknown effects.
Some scientists fear the pollution could destroy the ozone layer, potentially expose some people to higher levels of ultraviolet radiation, or help further destabilize the planet during the climate crisis. The pollution could also end up back on Earth, and millions of satellites would create a major source of light pollution.
The petition submitted to the FCC calls for a pause on new licenses for space data centre projects, arguing that the plans “violate federal law”.
The datacenter companies “describe their plans in grandiose, civilization-changing terms”, the petition states. “But these same proponents have refused to embrace any inquiry into the impacts of their self-claimed epochal technology on the environment, science, economy, or other values.”
…Several former federal US space officials told the Guardian they doubt the orbital datacenters are feasible. But putting millions of additional satellites into orbit would create a significant environmental risk, said Steve Volz, the former head of the National Oceanic and Atmospheric Administration (Noaa) satellite office.
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Seems odd that these rockets in particular would be a problem, and not all the other rockets going up all the time to put satellites in orbit. But everyone hates datacentres, no matter where they might be. The only exceptions seem to be governments and the people who want to fill them with computers.
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Sony’s decision to ditch discs was practically inevitable, data shows • Ars Technica
Kyle Orland:
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Many gamers have been lamenting Sony’s recently announced decision to halt sales of physical game discs in 2028. However, new data revealed by Circana analyst Mat Piscatella highlights how years of stark economic trends helped lead Sony to that decision.
In a social media thread Thursday morning, Piscatella shared insights into Circana’s tracking data on physical game sales in the US dating back to 2003. A graph of those trends shows physical sales peaking in the 12 months ending June 2009, when 297m units were sold across the US. Those physical unit sales have been on a steady downward trajectory since then, leading to just 37m physical units selling in the US in the last 12 months.
The newly revealed data follows on an earlier post from Piscatella highlighting that only seven PlayStation games had sold over 100,000 physical units so far in 2026. Today, Piscatella followed up on that stat with a graph showing how this baseline used to be common; 100 PlayStation games sold at least 100,000 physical units in 2008. The ceiling for physical PlayStation game sales isn’t all that impressive these days either; Piscatella shared that the top-selling physical PlayStation game has only sold a paltry 275,000 units in the US so far this year.
…Looking back, it’s easy to see why sales of physical games seemed to peak in the late 2000s. At that time, services like Xbox Live Arcade, PSN and WiiWare were already showing console gamers’ willingness to pay for downloads of smaller indie games, and the concept was expanding to downloadable versions of major releases like Infamous and LittleBigPlanet.
By the time the PlayStation Vita launched in 2012, Sony required that all publishers that make physical game cartridges also offer a downloadable option. Subsequent consoles like the Wii U, PS4, and Xbox One continued that trend, and by the end of the 2010’s physical-exclusive console releases were practically nonexistent.
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This echoes the music industry’s big success with the shift from LPs to CDs, which saw revenues explode, and was then followed by the collapse in revenues.
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EU fines Google €890m in test of Donald Trump’s threats to protect Big Tech • Financial Times
Barbara Moens, Henry Foy and Aime Williams:
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The European Commission has fined Google a total of €890m for breaching the bloc’s digital rule book, while threatening to impose daily fines if the search engine company does not abide by its rules.
Brussels on Thursday said Google gave preferential treatment to its own services, including shopping, hotel, transport and sports results, over those of third parties in its search engine.
It also said Google prevented app developers from freely communicating and promoting offers and concluding contracts with users in distribution channels of their choice, including third-party app stores.
The company was fined €460m for the search breach and €430m for the steering issues, and will have 60 days to propose solutions or face potential periodic fines. The new action against Google comes after antitrust regulators fined the company more than €8bn between 2017 and 2019.
“This is serious enforcement,” said EU competition chief Teresa Ribera. “It is quite a strong message to Google.”
The penalties risk reigniting the EU-US conflict over the regulation of Big Tech after tensions over the bloc’s digital rule book appeared to have eased.
US trade representative Jamieson Greer on Thursday accused the bloc of an “increasingly aggressive approach targeting US technology firms” and suggested that Brussels was risking its recent trade deal with Washington.
The two sides struck a deal in Turnberry, Scotland last year to lower the highest levels of Donald Trump’s “liberation day” tariffs, limiting levies on cars and other European goods to 15%.
But Greer said the recent actions against Google “undermine” efforts at “real dialogue” and “pose a real risk to the continuation of transatlantic stability with respect to trade”.
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Google reported operating income of $40.8bn for the second quarter a couple of days ago. This fine is about three days’ profits.
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1970 predicts: 25% of commuters will use flying machines by 2000 • Paleofuture
Matt Novak:
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This being the 1970s, Americans were waking up to the fact that our air was absolutely disgusting. But sadly for them, more air travel was not the answer. Boring things like government regulation and the creation of the EPA [Environmental Protection Agency] would have to suffice.
From the comic strip [an image in the article]:
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The development of aviation by the year 2000 is predicted by experts in air transportation — they expect many thousand-passenger aircraft — Air Force’s C5A can already carry over 800 men. Exotic space materials, such as boron filaments and beryllium will be in common use.
There will be prototype nuclear-powered planes and passenger service. Over 220 billion passenger miles last year will quadruple to a trillion in 2000 A.D.
Air cargo from special cargo airports will equal passenger revenue.
25% of all commuting over 15 miles may be by vertical take-off and landing aircraft. If commuting autos were replaced by aircraft to downtown New York, exhaust pollution would be cut by 80%!
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Aviation has indeed advanced since the early 1970s — there’s just a caveat to every advance that we actually saw. Nuclear-powered planes were attempted, but they certainly don’t participate in passenger service. Vertical take-off planes are becoming commonplace in the military, but they’re not used by your average commuter.
It’s kind of astounding that we’re still insisting (or, I should say, that flying car company executives are still insisting) that making air travel more commonplace could be a practical solution to our pollution problems.
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You only have to see how people drive cars to realise that flying cars under the control of anything but very experienced pilots would be a disaster. And there can’t be that many pilots. The equation just can’t add up. And yet people up to and including Google’s founders have believed in it.
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UK retailer GAME enters administration, with Brexit blamed • MSN
Joshua Boyles:
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At its peak, GAME operated over 300 retail stores across the country. The company was profitable in 2015, but this ended in 2016 when the company reported a 71% drop in profit.
By 2017, GAME was operating at a loss of £7.1m before tax.
The financial struggles continued into the late 2010’s, with the administration report reading: “”Market conditions remained difficult in the subsequent years driven by changes in consumer behaviour, including the transaction from physical games to digital downloads, uncertainty associated with Brexit, and increased competition within the sector.”
Saunders and Wentworth don’t mention the reasons why Brexit had an adverse effect on GAME specifically. However, economists estimate that the UK economy has shrunk by 6% since we left the European Union. Throw in the cost of living crisis, which Brexit has also impacted, and it’s easy to see why gamers might be spending less on their games – especially at brick and mortar retailers like GAME.
In 2019, Fraser Group acquired GAME for a cash consideration. However, GAME”s profitability failed to improve, and by 2025, things weren’t looking any better.
“There have been no major console releases since 2020, and large manufacturers have cited global chip shortages as a reason for further delays,” the report explains. A new console launch might have helped GAME to survive as a flurry of expensive purchases and associated games come their way. However, with the PS6 and Xbox’s Project Helix still looking as far away as the end of 2027 – if not later – there was very little that could have helped GAME to continue trading.
It also doesn’t help that one of this year’s biggest games in Grand Theft Auto 6 is set to be a digital only release with physical copies containing a download code inside. Throw in the news that Sony is discontinuing physical discs altogether from 2028 and there wasn’t much hope on the horizon for GAME.
This is the same conclusion that the administration advisors came to, writing: “Having reviewed the company’s financial and operational position, it was concluded that the business was no longer viable.”
At the time of entering administration, GAME owed around £16m in debt.
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The lack of physical games has knock-on effects. The Brexit effect seems pretty difficult to discern, though.
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| • Why do social networks drive us a little mad? • Why does angry content seem to dominate what we see? • How much of a role do algorithms play in affecting what we see and do online? • What can we do about it? • Did Facebook have any inkling of what was coming in Myanmar in 2016? Read Social Warming, my latest book, and find answers – and more. |
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