In 2020, Google was hit with a lawsuit that accused it of tracking Chrome users' activities even when they were using Incognito mode. Now, after a failed attempt to get it dismissed, the company has agreed to settle the complaint that originally sought $5 billion in damages. According to Reuters and The Washington Post, neither side has made the details of the settlement public, but they've already agreed to the terms that they're presenting to the court for approval in February. 

When the plaintiffs filed the lawsuit, they said Google used tools like its Analytics product, apps and browser plug-ins to monitor users. They reasoned that by tracking someone on Incognito, the company was falsely making people believe that they could control the information that they were willing to share with it. At the time, a Google spokesperson said that while Incognito mode doesn't save a user's activity on their device, websites could still collect their information during the session. 

The lawsuit's plaintiffs presented internal emails that allegedly showed conversations between Google execs proving that the company monitored Incognito browser usage to sell ads and track web traffic. Their complaint accused Google of violating federal wire-tapping and California privacy laws and was asking up to $5,000 per affected user. They claimed that millions of people who'd been using Incognito since 2016 had likely been affected, which explains the massive damages they were seeking from the company. Google has likely agreed to settle for an amount lower than $5 billion, but it has yet to reveal details about the agreement and has yet to get back to Engadget with an official statement. 

We’re just over a year since it burst onto the scene and OpenAI’s ChatGPT program is somehow even more everywhere than it was in February. Our capability to regulate generative AI and mitigate its myriad real-world harms, on the other hand, continues to lag far behind the technology’s state-of-the-art. That makes 2024 a potentially pivotal year for generative AI in particular and machine learning in genera. ill AI continue to prove itself a fundamental revolution in human-computer communication, on par with the introduction of the mouse in 1963?, Or are we instead heading down yet another overhyped technological dead-end like 3D televisions? Let’s take a look at how OpenAI and its chatbot have impacted consumer electronics in 2023 and where they might lead the industry in the new year.

OpenAI had a great year, all things considered

“Meteoric” doesn’t do justice to OpenAI’s rise this year. The company released ChatGPT on November 30, 2022. Within five days, the program had passed 1 million users; by January, 100 million people a month were logging on to use it. It took Facebook four and a half years to reach those sorts of engagement numbers. ChatGPT outpaced the launches of both TikTok and Instagram to become the most quickly adopted program in the history of the internet in 2023. Heading into 2024, OpenAI (with billions in financial backing from Microsoft) stands at the forefront of the generative AI industry — whether the company can stay there, while billions more are being poured into its rivals’ R&D coffers, remains to be seen.

The company’s sudden success this year also launched its CEO Sam Altman into the media spotlight, with the 38-year-old former head of Y-Combinator basking in much of the praise formerly heaped upon Elon Musk. For a while, Altman was everywhere, repeatedly making appearances before Congressional committees and attending the Senate’s AI Safety Summits. He also conducted a 16-city world tour to Israel, India, Japan, Nigeria, South Korea, across Europe and to the UAE to help promote ChatGPT to developers and policy makers.

Even his termination at the hands of OpenAI’s board of directors in November ended up being a net positive. Fired on a Friday, Altman’s ouster set off 72 hours of panic in Silicon Valley with multiple OpenAI leaders resigning in solidarity, some 95 percent of rank and file staff threatening to walk without his reinstatement, the installation and removal of two interim CEOs in as many days and, ultimately, an indirect intervention by Microsoft. In the end, Altman is still CEO of OpenAI, now with a more compliant and agreeable board, and the tacit understanding throughout the industry that if you strike him down, Sam Altman will become more powerful than you can possibly imagine.

Keeping pace proved a challenge for OpenAI’s competition

A significant contributor to ChatGPT’s immediate and overwhelming success is that it was the first AI of its kind to market. Image generators like DALL-E and Midjourney were already popular diversions, and the public had long acclimated to more mundane machine learning tasks like language translation, but OpenAI was the first with a generative AI program that conversed naturally with its user. That novelty proved an invaluable advantage as even tech titans like Google and Amazon with their massive R&D budgets were caught unprepared for such demand and were slow to respond with competing products of their own.

Google was the most ignoble example of such imitators this year. Following ChatGPT’s debut, Google dedicated the vast majority of its I/O Developers Conference in March to a raft of brand new generative AI models and platforms, including the debut of the Google Bard chatbot. Bard was Google’s answer to ChatGPT, just not a particularly reliable one to start. Even before its public release, Bard made an embarrassing first impression when in February it confidently recited incorrect information about the James Webb Space Telescope in a Twitter ad.

Throughout the year, Google steadily added features, capabilities and access to Bard, eventually shunting the entire platform in December to its newly released foundational model, Gemini, which had been billed as Google’s “most capable and general model” built to date. Google was, of course, then immediately caught misrepresenting the system’s capabilities during a video demonstration. Even without once again getting caught in an easily disprovable lie, Gemini’s demo did little to quiet critics of Google’s stilted and frantic response to ChatGPT.

As a recent Bloomberg op-ed points out, yes, Gemini beat out ChatGPT in a majority of the industry’s standard performance benchmarks. However, Google used the as-yet unreleased Gemini Ultra model to earn its scores and the model only bested GPT-4 so by exceedingly narrow margins. GPT-4 came out nearly a year ago and Google’s best effort barely topped it in middle school-level algebra tasks. That’s not a great look from a corporation that boasts research budgets which rival the GDP of small nations.

Bing is doing just fine, thanks for asking. Microsoft dropped $10 billion on OpenAI in January as part of an ongoing multi-year partnership so now Bing — and literally everything else in the MS ecosystem — is being augmented with algorithmic intelligence. If there was one company that had a better 2023 than OpenAI, it’s Microsoft, which is reportedly set to receive 75 percent of all OpenAI’s profit until those invested billions are recouped.

Amazon placed its $4 billion generative AI bet on Anthropic’s Claude LLM, and made significant headway in leveraging the technology for use in its sprawling empire in 2023, from its Echo Frames smart glasses to Alexa with Generative AI to NFL Thursday Night Games. The company introduced its Bedrock foundational model platform (which will offer AI-generated text and images as a cloud service), launched a series of free AI Ready developer courses and an accelerator program to fund genAI startups, debuted generative tools for filling backgrounds and product listings and now offers a standalone image generator AI to rival DALL-E.

"Inside Amazon, every one of our teams is working on building generative AI applications that reinvent and enhance their customers' experience," CEO Andy Jassy said during the company’s Q2 earnings call in August. "But while we will build a number of these applications ourselves, most will be built by other companies, and we're optimistic that the largest number of these will be built on [Amazon Web Services]. Remember, the core of AI is data. People want to bring generative AI models to the data, not the other way around."

We’re still not ready for the age of AI

Even when it's not being used for obviously nefarious purposes like defrauding the elderly and amplifying political misinformation, generative AI technology has proven immensely disruptive to numerous industries and institutions from logistics and manufacturing to education and healthcare. It has been touted as a replacement for humans in professions ranging from medical imaging, computer programming and accounting to journalism and digital visual arts — in many cases, layoffs have been quick to follow.

This year also saw labor strikes by the Writers Guild of America and the Screen Actors Guild, in part, to prevent their works and likenesses from being used to train future AI models. Independent artists, whose intellectual property has been shamelessly scraped by disreputable firms for model training (looking at you, Stability AI), have had far less success in protecting their works — leading some creators to take drastic and damaging countermeasures.

Data privacy has proven a sticking point for AI companies in 2023. A ChatGPT bug found in March had apparently been sharing chat history titles (and potentially payment data). A trio of Samsung employees inadvertently divulged company secrets when they used ChatGPT to summarize the events of a business meeting in April. Microsoft AI researchers accidentally uploaded 38TB of company data to an open access Azure web folder in September, right around the time it was discovered that Google had been unknowingly leaking users’ Bard conversations into its general search results. As recently as November security researchers were finding that even “silly” attacks like telling ChatGPT to repeat the word “poem” ad infinitum would trick the system into revealing personally identifiable information.

The institutional response to these growing issues was tepid to start the year, mostly school districts, government agencies and Fortune 500 companies restricting use of chatbot AIs by their employees (and students). These initial efforts proved largely ineffective, due to the difficulty in actually enforcing them. The federal government's regulatory efforts are expected to have far more teeth.

The Biden White House has made AI regulation a centerpiece of its administration, developing a “blueprint” for its AI Bill of Rights last October, investing millions into new AI R&D centers for the National Science Foundation, wringing development guardrail concessions from leading AI companies and launching an AI Cyber Challenge, among other efforts. The administration’s most ambitious action came in October when the President issued a sweeping executive order establishing broad protections and best practices regarding user privacy, government transparency and public safety in future AI development by federal contractors. The US Senate and House have both been busy as well this year, holding congressional hearings on federal oversight rules for the AI industry, hosting a pair of AI Safety Summits and drafting legislation (which has yet to receive a vote).

Looking ahead to OpenAI’s 2024 and beyond

It’s OpenAI’s lead to lose heading into the new year. CEO Sam Altman holds firmer control over the company than ever, all dissenting voices on the board calling for caution have been silenced and the company is poised to further expand its operations in 2024 as the technology continues its global advance. I expect to see OpenAI’s competitors make a better showing in the new year with Google, Meta and Amazon spending freely on AI research in order to catch up and surpass the GPT platform.

And even though the entire ChatGPT craze got started with individual users, Paul Silverglate, vice chair of Deloitte LLP, sees the largest gains in 2024 coming from enterprise applications. “Expect to see generative AI integrated into enterprise software, giving more knowledge workers the tools they need to work with greater efficiency and make better decisions,” he wrote in a recent release.

A recent study by McKinsey & Company estimates that the current generation of conversational AI systems “have the potential to automate work activities that absorb 60 to 70 percent of employees’ time” thanks to rapid advancements in natural language processing technology with “half of today’s work activities" potentially being automated away from human hands "between 2030 and 2060." That’s a decade sooner than previously estimated.

Apple has been noticeably missing in the list of companies with their own generative AI product, but based on a new report by The New York Times, it's looking to change that real soon. In recent weeks, Apple has reportedly started negotiating with major publishers and news organizations to ask for permission to use their content to train the generative AI system it's developing. The company doesn't expect to get its hands on their content for free, though, and The Times says it's offering them multi-year deals worth at least $50 million for access to their news archives.

Apparently, some of the publishers it approached are concerned about the repercussions of letting Apple use their news articles throughout the years. They think a broad licensing deal for their archives could lead to legal issues along the way. The publishers are also concerned about the potential competition that may arise from Apple’s efforts.

That said, the iPhone-maker also reportedly built goodwill simply by asking them for permission and showing willingness to pay. The Times says the company’s higher-ups have been in discussion over where to get data for generative AI development for years now. Due to its commitment to privacy, they’ve been hesitating to use information collected from the internet.

Other companies with generative AIs of their own had been accused of stealing content and using it to train their products without express consent from creators and rights holders. OpenAI, for instance, is contending with several lawsuits that accuse it of using other people’s intellectual properties. One of those lawsuits was filed by novelists that include George R.R. Martin and John Grisham, while another was filed by nonfiction authors who said OpenAI and Microsoft have built a business “valued into the tens of billions of dollars by taking the combined works of humanity without permission.”

You can't buy the Apple Watch Series 9 and the Ultra 2 from Apple's online store anymore — and after December 24, they'll also no longer be available from the company's retail outlets. Here's why.

Why is there an Apple Watch ban?

Apple has pulled the watch models from its website after the International Trade Commission (ITC) ordered the company to stop selling them in the US.

The ITC issued the Apple Watch ban after siding with Masimo, a medical technology company, which sued Apple in 2021 and accused it of violating its patents related to blood oxygen monitoring. Both the affected models come with the feature, but older models with the capability are not included in the sales ban. Apple started offering blood oxygen monitoring with the Watch Series 6.

The ITC had upheld a judge’s previous ruling from earlier this year that Apple did violate Masimo’s patents. Apple is appealing the decision and tried to convince the commission to put a pause on the ban until it’s done. However, the ITC has denied the request, meaning the ban is pushing through unless the president himself steps in and vetoes the order. The US Trade Representative is reviewing the ITC’s decision, as well, and could choose to disapprove it due to policy reasons.

What is Apple doing about it?

Apple previously told Engadget that it’s pulling the watch models from its websites on December 21 and from its retail outlets on December 24 as a preemptive measure should the ruling stand. The import ban won’t be taking effect until December 26, and the Presidential Review Period is currently ongoing until December 25.

In 2022, Apple itself filed two patent infringement lawsuits against Masimo that accuse it of releasing a smartwatch that copies its watches’ features. If neither the president nor the US Trade Representative overturns the ban, however, the company may have to wait for the results of its appeal. It could also come to an agreement with Masimo, which most likely means money will be changing hands, or roll out a software update to deactivate or otherwise tweak the blood oxygen monitoring feature.

"Apple’s teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features," the company said earlier this month. "Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers." The company added that it will "continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible.”

How can I buy an Apple Watch now?

You can still get the brand’s older watches, or the Apple SE, which doesn’t have a blood oxygen monitor. If you’re looking to buy either of the affected models this holiday season, they will still be available from third-party retailers. 

With the Apple Watch import ban taking effect on December 26, retailers will only be able to sell through their existing stock. So your best bet for buying these models would be a reputable retailer like Amazon, Best Buy, Target or Walmart. If they're out of stock, you'll just have to wait for this mess to get sorted out — or take it as an excuse to vacation in Mexico or Canada.

Beeper vs Apple has been our own little David and Goliath matchup, but it looks like the saga’s coming to a close. The Beeper Mini chat app has issued yet another fix after Apple once again disabled access to the iMessage platform. The company says this will be the last fix released. Beeper wrote in a blog post today that it's done “playing a cat-and-mouse game with the largest company" on the planet. 

“With our latest software release, we believe we’ve created something that Apple can tolerate existing. We do not have any current plans to respond if this solution is knocked offline,” the company wrote.

So what’s the latest workaround? It’s certainly not a simple patch. It involves pairing your current mobile device with a Mac or an old iPhone. Mac users with Beeper Cloud should be able to simply update and reconnect, though not all macOS versions will support the software update. You can also ask a friend with a Mac and Beeper Cloud to share their iMessage registration code, which can be used with the desktop app.

Finally, you can jailbreak an old iPhone (6/6s/7/8/X), install Beeper’s tool to generate an iMessage registration code and update to the latest Beeper Mini app to enter the code and access the service. The company’s also renting and selling jailbroken iPhones for this task. Jailbreaking an iPhone, after all, can be confusing for beginners.

On the upside, the company says these fixes work well and even bring blue phone numbers back to the Beeper Mini experience. However, if you don’t have a Mac or an old iPhone, or access to either, you’re pretty much out of luck. Beeper says it’ll hold onto your chat history if you happen upon an old gadget at some point in the future. 

This has been a month-long battle between the two companies, which started with the launch of the Beeper Mini app. This app offered true iMessage support to Android devices via a software exploit. Just a few days later, the app went on the fritz after Apple blocked the exploit. This led to more complicated fixes on Beeper’s part, with one requiring an official Apple ID and another requiring a Mac computer. Apple found ways around all of them, which actually spurred US lawmakers to call for a DOJ probe.

If Apple blocks this final fix, that’ll be it for Beeper Mini, but the company has made the software open-source for other folks looking to give it a go. Beeper may be giving up on iMessage integration, but it's powering full-steam ahead with its primary chat app. The company promises it’ll work throughout 2024 to turn it into the “best chat app on Earth.”

When Apple introduced the Vision Pro mixed-reality headset, it had no clear release schedule and only said that the device will be available sometime early next year. According to a new report by Bloomberg’s Mark Gurman, “early next year” means as soon as February. Apple reportedly ramped up production of the headset in China over the past several weeks with the intention of getting the devices ready for consumers by the end of January. The plan is to make the Vision Pro available the month after that. 

In addition to ramping up production, Apple has reportedly sent developers an email, notifying them to test their apps for the headset with the latest tools and to send their software to the company for feedback. Gurman says that’s another sign of the device’s impending release. In his report, Gurman also detailed the steps Apple is taking to launch a completely new product category. The last time the company introduced a brand new product was in 2015 when it started selling the Apple Watch, but the Vision Pro is a different beast that requires meticulous planning for its release.

Since the headset has multiple possible configurations and could be customized to meet each customers’ needs, Apple is apparently sending at least two staffers from each retail store to its headquarters for training in January. There, they’ll be taught how to attach the device’s headband and light seals, as well as how to fit prescription lenses. The Vision Pro will set customers back $3,499 when it goes on sale, but Gurman previously reported that Apple is working on a more affordable (and less powerful) version that will cost between $1,500 and $2,500.

Following the patent dispute over the blood oxygen sensor on the Apple Watch Series 9 and Apple Watch Ultra 2, the International Trade Commission (ITC) sided with medical technology company Masimo, and ordered to halt all sales of said wearables in the US — conveniently just in time for the holidays. Apple has since filed a motion to pause this ban until its appeal is done, but earlier today, the ITC denied this request, meaning the Apple Watch ban is going ahead, unless the President decides to veto.

"A Presidential Review Period is in progress regarding an order from the US International Trade Commission on a technical intellectual property dispute pertaining to Apple Watch devices containing the Blood Oxygen feature," Apple told Engadget in an earlier statement. "While the review period will not end until December 25, Apple is preemptively taking steps to comply should the ruling stand."

The Apple Watch models affected will stop being sold on Apple.com on December 21 i.e. tomorrow, then on December 24 at Apple's retail stores, and then until stocks run out for third-party retailers like Amazon and Best Buy — which could be pretty fast given the import ban on December 26. Other models like the Apple Watch SE that don't contain a blood oxygen sensor will continue to be sold.

Masimo filed its lawsuit against Apple in 2021 over alleged violations of patents related to light-based blood-oxygen monitoring. The case originally targeted the Apple Watch Series 6, but despite the sales ban, you can continue to use the blood oxygen feature on that and other previously purchased Apple Watch models. In retaliation, Apple filed two patent infringement suits against Masimo in October 2022, claiming that the latter's own smartwatch copied Apple Watch features.

We knew it was coming, but now we have a date: Bobby Kotick will officially step down as CEO of Activision Blizzard on December 29, 2023. Blizzard and King vice chairman Humam Sakhnini will also leave at the end of December, Activision Blizzard chief communications officer Lulu Meservey is out in January, and a handful of other executives will leave in March, according to an internal memo from Xbox head Phil Spencer published by The Verge.

Activision Blizzard vice chairman Thomas Tippl, Blizzard president Mike Ybarra and King president Tjodolf Sommestad will remain at the studio and report to Matt Booty, Microsoft's president of gaming content and studios. Otherwise, leadership teams across Activision, Blizzard and King will stay the same, according to the memo.

Kotick has been the head of Activision since 1991. At Activision Blizzard, he oversaw massively popular franchises including Call of Duty, Diablo, Starcraft and World of Warcraft, and once the company acquired mobile studio King in 2016, he added Candy Crush to that list. The company is a AAA powerhouse and it generated $7.5 billion in revenue in 2022.

Activision Blizzard was sued by California's Civil Rights Department in 2021 over allegations of systemic sexism, discrimination and harassment at the studio, and executives were accused of fostering a frat-house style culture. At the time, all top leadership roles at Activision Blizzard were filled by white men. The Securities and Exchange Commission filed a separate, related lawsuit against the studio a few months later. In November 2021, The Wall Street Journal reported Kotick had long ignored and helped cover up instances of sexual harassment at the studio. In response, workers at Activision Blizzard held walk-outs and demanded Kotick's resignation, but a shareholder vote in 2022 kept him in place.

Activision Blizzard settled the SEC lawsuit for $35 million in February, and it settled the California CRD suit for $54 million just days ago.

Microsoft announced its intent to purchase Activision Blizzard in early 2022, lawsuits and all. The deal was valued at $69 billion, and considering the scale of both companies involved, it faced intense scrutiny from regulators in the US and the UK. The acquisition was approved in October, after 21 months of legal arguments and concessions. Microsoft is now the third-largest video game studio in the world by revenue and it's the face of the ongoing consolidation craze tearing through the industry.

Once Microsoft's purchase went through, Kotick said he'd stay on through the end of 2023. According to Bloomberg, Kotick is set to make $375 million from the acquisition, and he's expecting a golden parachute of $14.6 million.

Researchers have developed an AI-powered robot they claim can beat the physical marble game Labyrinth faster than humans are capable of. Thomas Bi and Raffaello D’Andrea of ETH Zurich created CyberRunner, which combines model-based reinforcement with the dexterity required to beat a game that requires physical skill, coordination and precision.

For the uninitiated, the aim of the game is to guide a marble through a maze without falling into any holes. The player controls the movement of the ball by rotating two dials, which tilt the board.

CyberRunner learns through experience. A camera observes the game and an algorithm learns more about it from each attempt. "Based on its understanding of the game it recognizes which strategies and behaviors are more promising," the researchers say. As such, the robot kept getting better at the game.

The researchers gave CyberRunner and several humans around six hours of practice with the game. While the humans by and large struggled to beat Labyrinth after that time, CyberRunner was able to conquer it in just under 14.5 seconds. The researchers claim that's faster than any previously recorded time.

CyberRunner became so adept at the game that it was able to use some unintended shortcuts. The researchers had to step in and instruct the AI to follow the maze's correct path.

We've seen AI models outperform humans in other games, such as chess, Go and Dota 2. However, we haven't seen too many instances of AI performing better than humans in games that require a physical skill component.

Meanwhile, the researchers are open-sourcing CyberRunner. Maybe I can help train it to be better at Screwball Scramble than I ever was as a kid.

Apple's financial services, including Apple Pay, Apple Cash, Apple Card and Wallet, have been experiencing service disruptions for some users since 6:15AM this morning, the company reports. As of 10:04AM Eastern, those services still have outage notices on Apple's System Status page. As AppleInsider notes, it's unclear how widespread the issues are. On a personal note, I was able to use Apple Pay without issue around 9AM to make a pick-up order at Starbucks.