Microsoft and FTC pre-trial hearing set for January 3rd

A federal judge has set a date for the first pre-trial hearing between Microsoft and the Federal Trade Commission (FTC). The two go to court on January 3rd to spar over the fate of Microsoft’s $69 billion bid to buy Call of Duty publisher Activision Blizzard. Microsoft and Activision announced the merger at the start of 2022. At the time, the tech giant said it expected the deal to close no later than June 2023. Last month, the FTC sued Microsoft to block the acquisition from moving forward.

“Microsoft has already shown that it can and will withhold content from its gaming rivals,” FTC Director Holly Vedova said at the time. “Today we seek to stop Microsoft from gaining control over a leading independent game studio and using it to harm competition in multiple dynamic and fast-growing gaming markets.”

The FTC is expected to face an uphill battle trying to convince a judge of the merits of its case. For one, Microsoft isn’t pushing for a “horizontal” merger that would see it take one of its direct competitors out of the picture. Additionally, the company has signaled it’s ready to make concessions to rubberstamp the deal. Should the merger move forward, Microsoft has pledged to release future Call of Duty games on competing platforms for at least 10 years. It also said it would bring the franchise to Nintendo consoles.

“The commission cannot meet its burden of showing that the transaction would leave consumers worse off, because the transaction will allow consumers to play Activision’s games on new platforms and access them in new and more affordable ways,” Microsoft wrote in a legal filing last month. The deal also faces regulatory scrutiny from the United Kingdom’s Competition and Markets Authority, which recently said it would conduct an “in-depth” investigation of the proposed merger.

 

Twitter sued for not paying San Francisco office rent

California Property Trust, the owner of the building that houses Twitter headquarters, is suing Elon Musk’s social media company for failing to pay $136,250 in rent. According to Bloomberg (via The Verge), the firm notified Twitter on December 16th that it would default on its lease for the 30th floor of the Hartford Building, located at 650 California Street in San Francisco, if it didn’t pay its outstanding rent within five days. In a complaint filed this week with the San Francisco County Superior Court, California Property Trust said Twitter failed to comply with the order.

According to a December 13th New York Times report had “for weeks” stopped paying rent on all of its global offices to save on costs. The company also faces a lawsuit for failing to pay $197,725 for charter flights Musk took during his first week at Twitter. Over that same time period, Musk has reportedly brought over “more than half a dozen” lawyers from SpaceX to bolster Twitter’s legal team.

 

Tech that can help you stick to your New Year’s resolutions

Regardless of how 2022 went for you, 2023 is another chance for all of us to make the new year better than the one that came before it. We set New Year’s resolutions with the best of intentions, but it’s no wonder that so many people fail after just a few weeks – old habits die hard. Just as it’s important to have a supportive group of people cheering you on during those particularly hard days, it’s also important to have tools that make it easier to achieve your goals. Whether you’re trying to get healthy, be more organized or read more, there are tech tools that can make your journey a bit easier (and maybe even more enjoyable).

Fitness tracker

Will Lipman Photography for Engadget

If you’re attempting to turn over a new, healthy leaf this year, you’re not alone. Fitness trackers (and their companion apps) are highly sought after this time of year because they can help you stick to those new movement, hydration and sleep habits you’re trying to build. Fitbit’s Inspire 3 is an all-around good option, not only because it’s relatively affordable at $100, but because it does pretty much everything a beginner would need a fitness tracker to do. It tracks daily steps, calories, heart rate, sleep and more, and it comes with 20 goal-based exercises that you can manually track or let the device’s automatic SmartTrack feature monitor for you. It also has 10-day battery life, so you rarely have to take it off to charge it.

If you’re already a runner or a cyclist (or want to be one), we recommend upgrading to the Fitbit Charge 5 instead. You’ll get all of the features that the Inspire 3 has along with onboard GPS for mapping outdoor workouts and Fitbit Pay for contactless payments. That way you’ll be able to go for a run in the morning and stop to grab a coffee without bringing your phone or your wallet with you.

Smartwatch

Cherlynn Low / Engadget

If you’d rather invest in an all-purpose wearable that also has serious fitness chops, the Apple Watch SE is a good choice. While it doesn’t include all of the bells and whistles that the pricier Series 8 does, it still offers the same core experience as any Apple Watch. It tracks all-day activity and heart rate, and watchOS finally offers basic sleep tracking, too. In addition to built-in GPS for outdoor workouts, it tracks dozens of trackable exercises and supports fall detection and high and low heart rate notifications. It’s also quite good at automatically recognizing when you’re working out and prompting you to start tracking your efforts. On top of all that, the Apple Watch excels over basic fitness trackers when it comes to table-stakes smartwatch features: You’ll be able to send and receive text messages from the device, as well as control music playback, smart home devices and more.

Workout classes

millann via Getty Images

Finding exercise classes that you enjoy can make working out a habit you’re more likely to stick with for the long haul. You may prefer to do this through your local gym — that push to get out of the house and into a dedicated exercise space can be really effective for some — but there are plenty of on-demand fitness classes as well that you can participate in from the comfort of your living room.

I’ve tried my fair share of these services and my favorite has been Peloton. No, you don’t need one of the company’s expensive bikes or treadmills to take advantage of their classes. Access to the app-only version of the subscription costs $13 per month and it lets you take HIIT, strength, yoga and even outdoor running classes, many of which require little to no equipment at all. If Peloton isn’t your speed, Apple Fitness+ is a good alternative, especially now that anyone with an iPhone can subscribe and take classes, regardless of whether they own an Apple Watch. Alo Moves is another good option for those who prefer yoga and pilates workouts.

If you can’t afford another monthly subscription fee, the internet has tons of free exercise resources — you just have to work a little harder to find the ones you jive with most. I highly recommend Fitness Blender, a free website where you can watch hundreds of workout videos and even set a schedule for yourself, assigning videos to specific days of the week. I like the quality and consistency of their videos, but you may connect more to YouTube workout videos if they’re taught by instructors you like; Heather Robertson and Move with Nicole are two personal favorites.

Habit tracker

Forest

At least in the beginning, keeping track of new habits you’re trying to build can help you stick to them. While you can get deep into this subject if you wander down the bullet-journal rabbit hole, a habit-tracking app is probably the easier option. Done and Strides are two iOS options that let you log when you’ve completed a new habit you’re trying to build or when you avoided a bad habit that you’re trying to break. You can get pretty granular, customizing how often you want to do a task, setting reminders to log, reviewing stats and more. However, both apps have paid tiers to which you’ll be asked to subscribe after you create a few trackable habits.

If you’d rather avoid yet another subscription, consider an app like Streaks, which can be all yours for a one-time fee of $5. As for Android, Grow is a free app that takes a similar approach to habit tracking that Forest takes with time management. Plant a virtual tree for each new habit tracked and watch it grow every time you log a completion. There’s also Habitica, which turns habit tracking to an 8-bit RPG game where you level-up your custom avatar by checking things off your list.

To-do and note-taking apps

Things 3

The new year provides an opportunity to get back on track, and one way to do that is by finding organizational tools that work for you — and making sure they’re as uncomplicated as possible. The worst thing that could happen is that your to-do list or note-taking system ends up being so cumbersome that you avoid using it. Keeping all of your necessary tasks in your head may work on easy days, but it can quickly get overwhelming when you have a million things to handle in both your personal and professional life. I’m a fan of Todoist and Things (for iOS and macOS only) because both are detailed enough for big work projects, but simple enough for personal tasks. Both also have a Today view, which will show everything across all of your projects that need attention immediately.

While Todoist has a free tier, you’ll pay $80 to get Things for iOS, iPadOS and macOS. Microsoft’s To Do is an alternative that, while less involved than Things, is free and works on almost every platform including Windows, iOS and Android, among others. You can keep it simple and just have a task list and a grocery list, or you can go deeper and add due dates, sub-tasks and even share lists with family members. And if you don’t want to bother with an extraneous app, you can always opt for the reminders app that (most likely) came preinstalled on your phone. That would be Reminders for iOS users and Google Keep for Android users.

Google Keep also doubles as a note-taking app, which will be a better solution if you’ve been constantly jotting down ideas for new projects on Post-It notes or scraps of paper that you eventually lose. Apple Notes is the default option for this on iOS devices, and there are plenty of other note-taking apps out there as well. I’m partial to Evernote simply because it’s become my digital file box of sorts. I often forward things like online order receipts, messages from my doctor’s office and e-signed contracts from my email to Evernote so I can keep track of them and find them more easily in the future if need be.

Password manager

1Password

If you’re looking to up your digital security game in the new year, a password manager is a great place to start. I’m partial to 1Password, but there are plenty of other options including LastPass (which has a free version), Bitwarden and Dashlane. After saving all of your passwords for various accounts, you only need to remember one (hence the name) to log in to your 1Password account and access all of the others. The service has browser extensions Chrome, Edge and others that will let you seamlessly log in with the proper credentials with just a few clicks, and 1Password has apps for most platforms including iOS and Android, so you can use it on all of your devices.

I also appreciate the Password Generator feature, which helps you create a new, secure password whenever one of yours has expired. LastPass has this too, and Dashlane even has a free tool that anyone can use to make more secure passwords. Not only does this take the onus of coming up with a strong key off your shoulders, but it also makes it easy to override old credentials with new ones.

Cable and accessory organizer

Bellroy

One of the consequences of the past couple of years is the dual-office life. Many of us now work both from home and from an office, and the last thing you want to do when you arrive in either place is rummage around your backpack only to realize that you’ve left your mouse, charging cable or dongle at your other desk.

An organizer bag can prevent this before it happens – we recommend BagSmart tech organizers thanks to their utilitarian, water-repellent designs and their multiple pockets and dividers. They also come in different sizes, so you can pick the best one for your commuter bag. If you want something a bit more elevated, Bellroy’s Desk Caddy is a good option. It’s pricier but for the money you get a more elegant silhouette, higher-quality materials and a design that sits upright when full and has a front panel that fully folds down to give you a good view of what’s inside.

Computer docking station

Will Lipman Photography for Engadget

It’s all too easy for your work-from-home setup to get really messy really quickly. When you’re going through your busiest times at work, the last thing you’re thinking about is cable management, but dedicating a bit more effort into tidying up your workspace can make your day to day more efficient and more enjoyable.

We recommend some sort of docking station to keep your laptop, monitors, accessories and the like in check. Anker’s 577 Thunderbolt docking station is a good pick, with a generous selection of 13 ports that include dual Thunderbolt 3 sockets, two USB-C connectors, four USB-A ports, an Ethernet jack and more. Plus, it can connect to two 4K displays at once. You can even pair it with up to a 5K, 60Hz monitor if you wish. We also like that it provides 85W power to your laptop, so it will keep your machine charged while you use it.

The 577 is a stationary option, but there are plenty of adapters out there that can give you similar organization while on the go, albeit in a less elegant package. Anker’s USB-C hub is an affordable solution that includes an HDMI port, microSD and SD card readers, two USB-C connections and two USB-A sockets. It also supports 100W power pass-through, so you can charge your laptop through the hub while using it.

Instant Pot

Instant Pot / Best Buy

Eating healthier — or even just avoiding takeout multiple times a week — can be challenging in part because it usually means cooking more at home. Not only is that hard to do when you’re starting from zero, but it’s especially tough because it takes more time than ordering in from your phone. But tools like an Instant Pot can make the process easier because it cuts your active cooking time down drastically. You can find a plethora of recipes in which you simply throw a bunch of ingredients into the pot, set it and forget it until it’s time to eat.

We recommend the Instant Pot Duo for beginners because it’s relatively affordable and combines seven different cooking methods into one appliance, including rice cooking, steaming, pressure cooking, slow cooking and more. If you’re primarily cooking for yourself and a partner, the three-quart model will serve you just fine, but we recommend the six-quart model if you’re routinely cooking for four or more. If the thought of cooking at home actually excites you rather than fills you with anxiety, consider the Instant Pot Ultra, which includes a few extra modes like cake maker and egg cooker, or the Instant Pot Duo Crisp, which includes an air-fry lid.

Recipe organization

RichLegg via Getty Images

One of the best things about cooking at home is finding recipes that you love so much that you want to make over and over again. You’ll want to keep those recipes safe and readily available so you can refer to them when you need a quick weeknight meal or a dish to bring to your next family reunion. Recipe cards are a great way to do this, and you’ll build up your rolodex of delicious meals over time. If you’d rather have a cookbook of sorts that you fill in yourself over time, opt for a recipe book instead.

If you’d rather keep your arsenal of recipes accessible at any time, anywhere from your phone, Paprika’s recipe management app is the best solution I’ve tried. The $5 app basically acts as your digital recipe box, allowing you to enter recipes of your own as well as download them from the internet. You know those hundreds of words that precede online recipes, in which the author divulges their entire life story before telling you their secret to making deliciously moist cornbread? Paprika strips all of those unnecessary bits out and only saves the ingredient list and the instructions. You can also make grocery lists and keep track of pantry staples in the app, so don’t be surprised if it quickly becomes one of your most-used kitchen tools.

Reading app

Scribd

Don’t take your habit of doom-scrolling into the new year. You could instead use the internet to find other things to read and the free Libby app is a good place to start. Powered by Overdrive, it connects you with your local library’s digital collection, allowing you to borrow and download all kinds of e-books, audiobooks, magazines, graphic novels and more. Libby also has a tag system that you can use to “save” titles for later without actually putting a hold on them (although you can do that in the app, too). If you find a bunch of audiobooks you eventually want to get to, you can give them all a “TBR” tag so you can quickly find them and borrow one when you need new reading/listening material.

As someone who uses Libby on a regular basis, I love how easy it is to borrow from my local library without leaving my home. However, there have been numerous times in which my library doesn’t have a title I’m looking for. If that happens to you often, you may want to consider a subscription service like Kindle Unlimited or Scribd, both of which give you unlimited access to a wide library of e-books for $10 per month. And for audiobook lovers, your options are Amazon’s Audible or Libro.fm, the latter of which lets you choose the local bookstore you want to support with your purchases.

E-reader

Nathan Ingraham / Engadget

E-readers are still around because so many people recognize how much better it can be to read e-books on a dedicated device — especially one with an high-contrast, e-paper display. Sure, you could read on your smartphone or a tablet, but staring at those screens all day long can be tiring for your eyes. An e-reader like Amazon’s Kindle Paperwhite or Kobo’s Clara 2E is a better choice not only for its more comfortable display, but also because it focuses your attention on reading. (If you’ve ever picked up your smartphone intending to finish a chapter only to be distracted by email or Twitter, you know how crucial this is.)

The latest Kindle Paperwhite has a 6.8-inch display with adjustable warm lights, 20 percent faster page turns and weeks of battery life. The Clara 2E is similar, with a 6-inch E-Ink display, adjustable brightness and color temperature, along with weeks of battery life. If you already get most of your e-books through Amazon, the Paperwhite is the best option. You can listen to Audible audiobooks, too, if you connect a pair of wireless earbuds to the e-reader. Kobo’s device primarily gets books via the Kobo Store, but it also supports various file types like EPUB, PDF and MOBI. Plus, it has on-device integration with Overdrive, allowing you to borrow library books directly from the e-reader.

 

Samsung taps a former Mercedes-Benz designer to lead its mobile design team

Samsung’s mobile division has a new design chief. On Friday, the company announced the appointment of Hubert H. Lee to head up its Mobile eXperience (MX) Design Team, the unit responsible for designing some of Samsung’s most visible products, including its flagship Galaxy S series phones. Lee joins the electronics giant after a stint as the chief design officer of Mercedes-Benz China, a position that saw him lead the automaker’s design teams in China and the US. “His unique and visionary perspective will help shape the look and feel of Galaxy, building on the distinct design ethos that users know and love,” Samsung said.

It will probably be at least a year before we see Lee start to leave his mark on Samsung’s products. Prelease leaks of the company’s next Galaxy S series phones suggest they’ll look a lot like their Galaxy S22 predecessors. What’s more, with the way smartphone development timelines work, Samsung has likely already settled on a design for its 2024 flagship. Even then, don’t expect dramatic changes; from a design standpoint, phone companies have played it safe for more than a decade. Still, Lee could push for small but meaningful tweaks to Samsung’s design formula — much like Evans Hankey did at Apple after Jony Ive’s departure

 

Today is the last day to use Dark Sky on iOS before it shuts down

The time has come to say goodbye to Dark Sky. Nearly two years after Apple purchased the much-loved weather app, and more than a year after announcing its impending shutdown, Dark Sky is about to stop functioning. Since September, an in-app notification has warned iOS users the software would no longer work come January 1st, 2023. In September, Apple also removed Dark Sky from the App Store (following an earlier delisting from the Play Store).

If you’re looking for an alternative, it’s worth revisiting Apple’s own Weather app before turning to the App Store. Since iOS 14, the company has gradually integrated Dark Sky’s technology into its native offering. For instance, the Weather app now includes next-hour precipitation alerts, which is a feature that was directly inspired by Dark Sky. That said, if you’re set on trying a third-party alternative, a few that are worth checking out include AccuWeather and Carrot Weather.

 

Big Tech critic Tim Wu is leaving the White House

After advising President Biden on technology and competition policy for nearly two years, net neutrality advocate Tim Wu is leaving the White House. The Biden administration announced the departure this week, noting Wu’s final day at the National Economic Council would fall on January 4th. Wu became a special advisor to the president in March 2021. He held a similar position during the Obama administration.

In the New Year I’ll be leaving the White House and returning to Columbia University. We did more that I thought possible over the last two years to set a new course in antitrust and economic policy, and I’m grateful to have been a part of it https://t.co/r0bOHx033L

— Tim Wu (@superwuster) December 30, 2022

Wu told The New York Times he’s leaving the federal government to spend more time with his family. His post at the White House had required Wu to commute between New York and Washington DC, leaving his young children without their father for stretches of time. “There’s a time where the burden on family is too much,” he said. “I’ve been feeling the balance has shifted.” Wu told The Times he plans to return to Columbia University, where he was a law professor before his latest government stint.

Wu is leaving the White House at a critical moment during the Biden administration’s efforts to rein in Big Tech. Last year, he co-authored the executive order that instructed the Federal Communications Commission to restore net neutrality and promised greater scrutiny of mergers. In July of this year, the Federal Trade Commission sued Meta to block the purchase of VR developer Within. Earlier this month, the agency also moved to prevent Microsoft’s merger with Activision Blizzard. Both cases are currently before the courts and are expected to be tough battles for the FTC. 

 

Meta buys smart lensmaker Luxexcel to further AR ambitions

Facebook parent company Meta has acquired Luxexcel, a Dutch startup specializing in smart eyewear. News of the purchase was first reported by De Tijd and later confirmed by TechCrunch. “We’re excited that the Luxexcel team has joined Meta, deepening the existing partnership between the two companies,” a Meta spokesperson told the outlet. The company did not disclose the financial terms of the deal.

Founded in 2009, Luxexcel began life as a prescription lens manufacturer. More recently, the company has made a name for itself in the augmented reality space. At the start of 2021, for instance, it partnered with WaveOptics, the display manufacturer Snap paid $500 million later that same year to buy. As TechCrunch points out, there are also rumors Luxexcel previously worked with Meta on the company’s Project Aria AR glasses.

The acquisition comes as Meta faces regulatory scrutiny from the Federal Trade Commission over its purchase of Supernatural developer Within. The agency sued Meta in July to block the deal. The social media giant also faces criticism over just how much it’s spending to further its metaverse ambitions. In October, a month before the company laid off 11,000 employees, Meta told investors Reality Labs, its virtual and augmented reality unit, lost more than $9 billion in 2022. It went on to predict the division’s operating losses were likely to “grow significantly year-over-year” in 2023.

 

Grubhub ordered to pay $3.5 million to settle Washington DC deceptive practices lawsuit

Grubhub has been ordered to pay $3.5 million to settle the lawsuit filed against the company by the District of Columbia over “deceptive trade practices.” Washington DC Attorney General Karl Racine has announced that his office has reached an agreement with the food delivery service “for charging customers hidden fees and using deceptive marketing techniques.” If you’ll recall, his office sued the company earlier this year, accusing it of charging hidden fees and misrepresenting Grubhub+ subscription’s offer of “unlimited free delivery,” since customers still have to pay a service fee.

The DC Attorney General’s office also accused the company of listing 1,000 restaurants in the area without their permission by using numbers that route to Grubhub workers or creating websites without the eateries’ consent. A previous TechCrunch report said the company had already ended those practices. Racine also said at the time that Grubhub ran a promotion called “Supper for Support” at the beginning of the pandemic and then “stuck restaurants with the bill” that cut into their profit margins.

Grubhub called the lawsuit frivolous at the time of its filing and said that the company was “disappointed [the AG’s office has] moved forward with [it] because [the service’s] practices have always complied with DC law, and in any event, many of the practices at issue have been discontinued.”

Under the terms of the settlement, Grubhub will pay affected customers in the DC area a total of $2.7 million. Their cut will be credited to their accounts, and it will be sent to them as a check if it remains unused within 90 days. In addition, the company has to pay $800,000 in civil penalties to the District of Columbia and has to clearly mark additional fees people have to pay with their order going forward.

My office reached a $3.5 million settlement with Grubhub for charging customers hidden fees and using deceptive marketing techniques.

As a result, $2.7 million will be returned to the consumers who were impacted, and it will have to shape up and disclose every fee separately.

— AG Karl A. Racine (@AGKarlRacine) December 30, 2022

 

NLRB says Tesla violated the law by telling employees not to talk about pay

The National Labor Relations Board has accused Tesla of violating labor law by prohibiting employees in Orlando, Florida from talking about workplace matters. According to Bloomberg, NLRB’s Tampa regional director filed a complaint against the automaker in September for breaking the law when it told employees not to discuss their pay with other people and not to talk about the termination of another employee. In addition, based on the filing the news organization obtained through a Freedom of Information Act request, Tesla management reportedly told employees “not to complain to higher level managers” about their working conditions. 

Tesla has had to face several complaints by the NLRB over the past years. In 2021, the agency found that the automaker had violated US labor laws by firing a union activist and threatening workers’ benefits. The NLRB ordered the company to rehire union activist Richard Ortiz and to remove all mentions of disciplinary action from his files. It also ordered Tesla chief Elon Musk to delete a tweet that the court had deemed a threat that employees would be giving up company-paid stock options if they join a union. The tweet in question is still live, and Tesla is appealing the NLRB’s ruling in court. 

An agency spokesperson told Bloomberg that a judge will hear the complaint filed by the Tampa regional director in February. As the publication notes, companies can still appeal the agency judges’ decision to NLRB members in Washington and then to federal court, so any corrective action may take years to happen.

 

TikTok says it’s getting better at detecting ‘borderline’ content

For the past several months, TikTok has been working on new ways to age-restrict certain types of content as part of a broader push to ramp up safety features for younger users. The app unveiled a new ratings system earlier this year, called Content Levels, to help it identify more “mature” content.

Now, the company has another update on those efforts. In a blog post, the company says that it’s launching a new version of its “borderline suggestive model,” which the company uses to automatically identify “sexually explicit, suggestive, or borderline content.” According to a TikTok spokesperson, the new model is better able to detect so-called “borderline content,” videos that don’t explicitly break the app’s rules, but may not be suitable for younger users.

TikTok isn’t the only platform to filter out this type of content from recommendations. Instagram has long attempted to weed borderline content out of its recommendations as well. But content with more “mature” themes, but that doesn’t contain explicit nudity, has long been more difficult for automated systems to consistently detect. TikTok didn’t offer specifics on how much more accurate the new system is, but it shared that in the last 30 days the company has “prevented teen accounts from viewing over 1 million overtly sexually suggestive videos.”

Elsewhere, the app is also rolling out the ability for creators to restrict their videos to adult viewers. This feature was previously only available for live videos, but will now be enabled for short-form clips as well.

 

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