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Judge denies Parler’s bid to make Amazon restore service

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A federal judge has denied an attempt by conservative social network Parler to force Amazon to host it on AWS. As expected by most who read Parler’s ramshackle legal arguments, the court found nothing in the lawsuit that could justify intervention, only “faint and factually inaccurate speculation.”

In the order, filed in the Western Washington U.S. District Court, Judge Barbara Rothstein explained how little Parler actually brought to the table to support its allegations that Amazon and Twitter were engaged in antitrust collusion and that AWS had broken its contract.

On the question of antitrust, Parler fell far short of demonstrating anything at all, let alone collusion in breach of the Sherman Act.

The evidence it has submitted in support of the claim is both dwindlingly slight, and disputed by AWS. Importantly, Parler has submitted no evidence that AWS and Twitter acted together intentionally — or even at all — in restraint of trade.

… Indeed, Parler has failed to do more than raise the specter of preferential treatment of Twitter by AWS.

Amazon had explained in its filing that not only does AWS not even host Twitter yet, though there are plans to do so, but that there are strict rules in place to prevent discussing one client with another. This was more than enough to dispute Parler’s flimsy claim, Rothstein noted.

On breach of contract, Parler had in the course of its argument essentially admitted to breach of contract on its end, but said that Amazon had broken its side of the bargain by not giving it 30 days to fix the problem as stipulated in the customer service agreement (CSA) at Section 7.2(b)(i). Turns out that doesn’t even matter:

Parler fails to acknowledge, let alone dispute, that Section 7.2(b)(ii) — the provision immediately following — authorizes AWS to terminate the Agreement “immediately upon notice” and without providing any opportunity to cure …

So the 30-day agreement was never in play if Amazon didn’t want it to be; one imagines that the clause is for less immediately concerning causes for action. Contract breach argument denied.

Parler’s allegation that Amazon was “motivated by political animus” likewise holds no water, according to the judge.

Parler has failed to allege basic facts that would support several elements of this claim. Most fatally, as discussed above, it has failed to raise more than the scantest speculation that AWS’s actions were taken for an improper purpose or by improper means … To the contrary, the evidence at this point suggests that AWS’s termination of the CSA was in response to Parler’s material breach.

The company also made the argument that it would suffer “irreparable harm” if AWS services were not restored, and in fact Rothstein had no reason to doubt Parler’s claims that it may face “extinction” as a result of these circumstances. Except that “Parler’s claims to irreparable harm are substantially diminished by its admission ‘that much of that harm would be compensable by damages.’”

In other words, money would fix it — which means it isn’t exactly irreparable.

On other legalities and technicalities, Rothstein finds that Parler makes no case or that Amazon’s case is much stronger — for instance, that being forced to host violent and hateful content would damage AWS’s reputation, perhaps even irreparably.

As is important to note in cases like this, the judge is not ruling on the merits of the whole case, only on the arguments and evidence presented in the request for an injunction to restore services while the case proceeds.

“To be clear, the Court is not dismissing Parler’s substantive underlying claims at this time” — which is to say that it is not dismissing the substance of the claims, nor asserting that they have substance. But Parler “has fallen far short” of demonstrating what it needs to in order to justify a legal intervention of that type.

The case will proceed to its next date, if indeed Parler has not faced the “extinction” it warned of by then.

Rothstein Order on Parler i… by TechCrunch

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The rise of the tech workers union and what comes next

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While not entirely non-existent, the union has been an elusive phenomenon in Silicon Valley. More recently, however, big names like Google and Kickstarter have taken key steps toward forming unions, as have smaller startups like Glitch, which made history this week by signing a collective bargaining agreement – the first team of software engineers to do so. Amazon warehouse workers in Alabama, meanwhile, are currently on the cusp of forming their own historic union. In this panel from TC Sessions: Justice, we discuss how we got here, what comes next and steps tech employees can take.


On Why Now?

As has been the case with management throughout history, tech companies have long fought tooth and nail against labor organizing. Over the course of the last couple of years, however, we may have seen something of a critical mass that could represent the beginnings of a sea change for the industry.

Redwine: It seems like tech workers are reacting to some of the maturity of tech and the expansion of the platforms that we all work on, and also more worker instability in general in the US, especially. I think it’s sort of a response that workers are becoming more formal in their organizing efforts. (Timestamp: 1:08)

Parul Koul (Google):

Koul: A variety of tactics and strategies have been tried, and we’ve been able to analyze the successes and failures of past movements and arrive at a point where we’ve developed enough institutional and organizational knowledge to try something new and – in some ways – more complex. (Timestamp: 3:25)


On Whether The Pandemic Will Spur More Organizing

Covid-19 has radically transformed where – and how – we work. It’s upended many industries and cause millions to lose jobs. Could the pandemic prove to be yet another inflection point for a growing movement.

Koul: In our case, what we saw was companies moving to work from home and then, in certain categories of employees, not really receiving the same benefits […] whether it’s a stipend to buy equipment or even having the benefit from working from home […] We also saw a mass movement and social and political protests against police brutality erupt right in the middle of the pandemic. For me, and many other organizers at Google, it really galvanized us to do something and respond to that in the streets and in our own way. (Timestamp: 6:56)


On How – or if – Unions Can Protect Against Layoffs

For many industries, layoffs have become all but an inevitability during the pandemic. In a number of the aforementioned cases, they’ve continued even in the wake of employee unionizing. Ultimately, how much protection does a union give workers against layoffs?

Reckers: Kickstarter won its union on February 18, 2020. The pandemic hit in mid-March. The company announced that they were going to have pretty massive layoffs in early-April. That was a very difficult time. We looked at the numbers and did see that a number of the people they were proposing to layoff were advocates for the union or union members. That was very hard to stomach. What happens, though – and where the union comes into play – is that the company was not able to just lay people off like that. Especially under the terms that they wanted to impose unilaterally, without any consultation with staff. The difference was that when the company proposed these layoffs, because there was already a union in place, Kickstarter had to negotiate with the group of employees about the terms of that layoff. (Timestamp: 9:10)


On How to Get Started

First steps toward unionization are often difficult in an environment where organizing is frowned upon management. Many early conversations happen after hours and off-the-clock for fear of repercussion. This can be doubly difficult in an environments like white collar workers tech company, where some employees don’t tacitly understand the benefits of organizing.

Reckers: You can best support each other by getting into conversations with your coworkers and understanding what’s been going on with them. The first question I often get from people is how to first start having conversations. I think that’s a challenge, especially since we’re not taught how to do that. But starting a conversation about what their experiences have been like at the organization or company, how long they’ve been there, how has there changed? What did they want to see when they were hired? What sort of workplace were they looking for? And how can we make sure that we have some way of achieving that? (Timestamp: 24:04)


On Whether Expressions of Support From Management Are Always Positive

Management often adopts the narrative that they support unions following hard fought battles. In the wake of support from certain tech executives and political leaders like Joe Biden, the question arises about whether such sentiments can ultimately have negative repercussions for organizing.

Redwine: First and foremost, it’s really important to remember that the things that people in power say do not matter. All of the power that you have doesn’t come from people at the top giving it to you. It comes from linking arms with the people next to you and taking that power and influence for yourself. (Timestamp: 28:27)

You can read the entire transcript here.

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PayPal to acquire cryptocurrency custody startup Curv

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PayPal has announced that it plans to acquire Curv, a cryptocurrency startup based in Tel Aviv, Israel. Israeli newspaper Calcalist originally reported the move. And PayPal has now made an official announcement.

Curv is a cryptocurrency custody company, which means that it helps you store your crypto assets securely. The company operates a cloud-based service that lets you access your crypto wallets without any hardware device.

Curv also lets you set up sophisticated policies so that the new intern cannot withdraw crypto assets without some sort of approval chain. Similarly, you can create allow lists so that regular transactions can go through more easily.

Behind the scenes, Curv uses multi-party computation to handle private keys. When you create a wallet, cryptographic secrets are generated on your device and on Curv’s servers. Whenever you’re trying to initiate a transaction, multiple secrets are used to generate a full public and private key.

Secrets are rotated regularly and you can’t do anything with just one secret. If somebody steals an unsecured laptop, a hacker cannot access crypto funds with the information stored on this device alone.

As you can see, Curv isn’t a cryptocurrency wallet for end users. The company offers its services to exchanges, brokers and over-the-counter desks. If you’re running a fund and you plan on buying a large amount of cryptocurrencies, you could also consider using Curv.

Finally, financial institutions that are looking for a solution to store digital assets and diversify their balance sheet could also work with Curv.

PayPal says that the Curv team will join the cryptocurrency group within PayPal. The payment giant has been gradually rolling out cryptocurrency products. It has partnered with Paxos so that users in the U.S. can buy, hold and sell cryptocurrencies from their PayPal account.

In the near future, PayPal also plans to let you buy and sell items using cryptocurrencies. During its most recent earnings release, the company also said that it plans to launch cryptocurrency products in other countries and in Venmo, the consumer fintech super app owned by PayPal.

Terms of the deal are undisclosed and the transaction should close at some point during the first half of 2021. Calcalist reported that PayPal was paying between $200 million and $300 million for the acquisition. A person close to the company says that the transaction was under $200 million. I guess we’ll find out what happened exactly in the next earnings release.

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Last-mile delivery robotics company Refraction AI raises $4.2M

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Ann Arbor-based Refraction AI announced today that it has raised a $4.2 million seed round. The startup, which debuted on the TechCrunch Sessions: Mobility stage back in 2019, was founded by a pair of University of Michigan professors (Matthew Johnson-Roberson — now CTO — and Ram Vasudevan) seeking to solve a number of issues posed by many delivery robots.

With an initial prototype built on a bicycle foundation, the company’s REV-1 robot is designed to operate in bike lanes and roads, rather than the standard sidewalk ‘bot. The different approach allows the robot to travel at higher speeds (topping out at 15 miles per hour) and removes some of the messy pedestrian-dodging issues that come with sidewalk use (while introducing some new ones on that narrow sliver of asphalt shared by cyclists).

Refraction is currently testing a small fleet in its native Ann Arbor. The seed round, led by Pillar VC, will be used for R&D, expanding the company’s reach and recruiting more customers, with a focus on grocery store and restaurant deliveries. Other investors include, eLab Ventures, Osage Venture Partners, Trucks Venture Capital, Alumni Ventures Group, Chad Laurans and Invest Michigan.

Another key differentiator is the use of cameras, versus LIDAR. The decision comes with some technological trade-offs, but benefits include a lower price point and the ability for the company to more quickly scale its fleet. The technology is also not easily districted by weather conditions encountered in the upper midwest, though it has limitations, too. As the company puts it, if you’re not comfortable walking out in it, the robot probably won’t be, either.

“Our platform uses technology that exists today in an innovative way, to get people the things they need, when they need them, where they live,” CEO Luke Schneider said in a release tied to the news. “And we’re doing so in a way that reduces business’ costs, makes roads less congested, and eliminates carbon emissions.”

With this new funding, the company plans to expand operations beyond its native Ann Arbor, though no additional test markets have been announced.

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