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Trump Is Said to Consider Executive Order to Circumvent TikTok Ban

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Trump Is Said to Consider Executive Order to Circumvent TikTok Ban

President-elect Donald J. Trump is considering an executive order to allow TikTok to continue operating despite a pending legal ban until new owners are found, according to a person with knowledge of the matter.

The possible executive order, reported earlier by The Washington Post, is under discussion as TikTok faces a deadline on Sunday to be banned in the United States unless it finds a new owner. The popular video-sharing app is owned by ByteDance, a Chinese company. Republicans have said for years that they see the app, which has been downloaded to millions of smartphones, as a national security risk. It has become a rare issue that has united both parties in Congress.

If the Supreme Court upholds the law, which will ban the app unless ByteDance sells it to a non-Chinese company, special treatment from Mr. Trump might be the only way for TikTok to continue operating in the United States in the near term. The law requires app store operators like Apple and Google and cloud computing providers to stop distributing TikTok in the United States.

An executive order could try to direct the government not to enforce the law or to delay enforcement to complete a deal, a move that past presidents have used to challenge laws. It is unclear if an executive order would survive legal challenges or persuade the app stores and cloud computing companies to take steps that could expose them to huge penalties.

Alan Z. Rozenshtein, a former national security adviser to the Justice Department and a professor at the University of Minnesota Law School, said an executive order should be “taken with a medium-sized boulder of salt.” Such an order is not a law, he said, and legally would not change the legislation passed by Congress and signed by President Biden.

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While there is some speculation that the app will still work if it has already been downloaded, the law also affects internet hosting companies like Oracle and other cloud computing providers, and it is unclear how video load times and the functionality of the app may respond.

One person close to Mr. Trump’s team said some of his allies had loose discussions about buying TikTok but provided no details. Mr. Biden, whose term ends on Monday, a day after the ban is set to go into effect, is also under pressure to find a way to save the app.

The New York Times reported late Wednesday that TikTok’s chief executive, Shou Chew, is expected to attend Mr. Trump’s inauguration on Monday and was offered a seat on the dais. TikTok declined to comment.

Mr. Chew is expected to be joined by other tech executives on the dais: Mark Zuckerberg, the co-founder of Meta; Jeff Bezos, the Amazon founder; Elon Musk, Mr. Trump’s megadonor; and Tim Cook, the chief executive of Apple, who personally donated $1 million to the inaugural committee.

Mr. Trump had previously backed a TikTok ban but publicly changed his stance last year, soon after meeting with Jeff Yass, a Republican megadonor who owns a large share of ByteDance.

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Mr. Trump has said they did not discuss the company. But Mr. Yass helped found the trading firm Susquehanna International Group and is one of the biggest supporters of the conservative lobbying group Club for Growth. The group has hired people with ties to Mr. Trump, such as Kellyanne Conway, his former top adviser, and the Republican adviser David Urban, to lobby for TikTok in Washington.

TikTok has also worked to make inroads with the Trump team through Tony Sayegh, who was a Treasury official during Mr. Trump’s first administration and now leads public affairs for Susquehanna.

Mr. Sayegh has relationships with the Trump family and was a core part of the campaign’s decision to join TikTok this summer. Several members of the family, including Ivanka Trump, Donald Trump Jr. and Kai Trump, the president-elect’s granddaughter, have also joined the app.

Mr. Trump’s interest in TikTok is not entirely because of his advisers. He came to see how well videos about him performed on the platform, and his advisers credited it with helping him to expand his reach to a new type of voter during the campaign.

Any actions Mr. Trump might be able to take on TikTok are complicated. The law gives the president the ability to extend the deadline for a sale only if there is “significant progress” toward a deal that would put the company in the hands of a non-Chinese owner.

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It also requires that the deal be possible to complete within 90 days of an extension. It is unclear exactly how an extension will work if Mr. Trump tries to deploy it after the ban takes effect.

TikTok has maintained throughout its court challenge to the law that such a sale is unworkable in part because of the prescribed time frame. A group led by the billionaire Frank McCourt has mounted a bid to buy the app — though without its mighty algorithm — in recent months.

Mr. Trump could also try to work around the law by instructing the government not to enforce it.

But app store operators and cloud computing providers could require more than a soft assurance from Mr. Trump that he will not punish them if they fail to execute the ban, said Ryan Calo, a professor at the University of Washington School of Law. The potential legal liability for companies that violate the law is significant: Penalties are as high as $5,000 per person who is able to use TikTok once the ban is in effect.

“You could have a policy not to enforce this ban,” said Mr. Calo, who was part of a group of professors who urged the Supreme Court to overturn the TikTok law. “But I think that maybe conservative companies would just be like: ‘OK, you’re not going to enforce it. But it is on the books, and you could enforce at any time.’”

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Mr. Trump’s pick for attorney general, Pam Bondi, has declined to say whether she would enforce the law.

“I can’t discuss pending litigation,” she said at her Senate confirmation hearing on Wednesday. “But I will talk to all the career prosecutors who are handling the case.”

Mr. Trump has a third option: appealing to Congress to reverse a policy it overwhelmingly approved with broad bipartisan support last year.

“Congress can undo this anytime,” Mr. Calo said.

On Thursday, Senator Chuck Schumer of New York, the Democratic leader, said on the Senate floor that he was worried about the possibility of a ban on TikTok.

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“It’s clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans, of so many influencers who have built up a good network of followers,” he said. He added that he had also made those views clear to the Biden administration and accused Republicans of blocking a bill that would have extended the deadline for a ban by 270 days.

A White House official said on Thursday that the administration’s clear view was that TikTok should operate with an American owner. Because of the timing of the potential ban — taking place over a holiday weekend before the inauguration — it would fall to the next administration to carry out the law, the official said.

Catie Edmondson contributed reporting.

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Uber, California lawyers say deal reached to avert dueling ballot initiative showdown

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Uber, California lawyers say deal reached to avert dueling ballot initiative showdown

The state’s trial attorneys and Uber say they have reached a last-minute deal to scrap their dueling ballot measures and avert what was gearing up to be one of most expensive battles of the November election.

The deal, which comes a day after both measures qualified for the November ballot, has Uber agreeing to bulk up safety measures, while the trial attorneys will limit how much they can claim for lien-based medical treatment of victims who get in Uber or Lyft accidents, according to spokespeople for both sides of the campaign.

“Both sides agree: Californians deserve a system that’s safe, fair, and accountable,” read a joint statement from Uber and the Consumer Attorneys of California, a powerful attorney trade group. “This agreement protects patients from unnecessary treatment or getting overcharged, ensures access to medical care and legal representation, and strengthens safety measures.”

The agreement, finalized Thursday, means the ride-share giant will kill its ballot measure to cap how much attorneys can earn in vehicle collision cases and limit medical damages to rates based on insurance. Uber has argued that the costs for medical treatment done on a lien, which allows doctors to get paid from a cut of the plaintiff’s payout, far exceed what it would cost if the victim had used their own insurance.

In return, the Consumer Attorneys of California will cancel its competing ballot measure that sought to increase legal liability for ride-share companies if a passenger is sexually assaulted by a driver. The measure followed an investigation by the New York Times into sexual assault by drivers.

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Both sides had poured tens of millions into the campaigns, plastering billboards across Los Angeles.

Lawyers claimed the fight had turned existential with the measure threatening to decimate the profit margin of many personal injury cases and leave drivers with small or thorny cases unable to find an attorney willing to take their case.

Spokespeople say the deal is predicated on their agreement being codified into a bill within the next week. Otherwise, they said, each side will move forward with its ballot measure.

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Commentary: A porn firm that a judge called a ‘copyright troll’ now has Meta in its sights — and it could win

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Commentary: A porn firm that a judge called a ‘copyright troll’ now has Meta in its sights — and it could win

This porn company made millions by shaming the little guys who downloaded its films. But now it’s going after Meta for copyright infringement.

It isn’t often that a lawsuit can make me smile, much less laugh out loud. The latest exception is Strike 3 Holdings vs. Meta Platforms, which is currently unfolding in San Jose federal court.

Two things are amusing about the case. One is that Meta, the giant social media company, is accused of copyright infringement for allegedly downloading 2,400 of the plaintiff’s movies to train its AI bots. If Meta loses, that would be a serious (and in my opinion, deserved) blow against AI companies that have used copyrighted materials without permission.

The second part of the joke is the identity of the plaintiff. Strike 3 Holdings, you see, makes porn. Moreover, for years it has pursued a plainly unscrupulous business model in which it sues individuals for allegedly downloading its movies without permission, and shames them into settling for a few thousand dollars at a pop.

While it is possible one or more Meta employees downloaded Plaintiffs’ videos, it is just as possible…that a ‘guest, or freeloader,’ or contractor, or vendor, or repair person—or any combination of such persons—was responsible for that activity.

— Meta points the finger at others for a porn scandal

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Whether or not Strike 3 has a legitimate claim for copyright infringement, it doesn’t deserve your sympathy. The firm was flayed in 2018 by federal Judge Royce C. Lamberth of Washington, D.C., for engaging in what he labeled a “high-tech shakedown … smacking of extortion.” Lamberth called Strike 3 a “copyright troll” and threw out its lawsuit against an unidentified internet user for having treated his court “not as a citadel of justice, but as an ATM.”

When I wrote about this scheme in 2023, I counted more than 12,440 lawsuits that the Los Angeles-based firm had filed in federal courts coast-to-coast. The latest count, according to a Lexis search a defense lawyer ran for me, is more than 21,000. The vast majority were settled and closed within a few months of their filing, an indication that they were never meant to go to trial.

Now Strike 3 appears to have hooked a big fish. In the first significant ruling in its lawsuit against Meta, the firm scored a surprise win: On June 11, federal Judge Eumi K. Lee of San Jose denied Meta’s motion to dismiss the case. Meta’s defense, she wrote, “strains credulity.”

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More about that in a moment. First, a few words about the litigants. Meta needs no introduction: Formerly known as Facebook and based in Menlo Park, Calif., Meta recorded a profit of $60.5 billion last year on $201 billion in revenue.

Strike 3 portrays itself as an avatar of “Hollywood style and quality” in its adult films, which it distributes through its streaming websites such as Blacked, Tushy, Vixen and Wifey. It has described Greg Landry, its former owner and house auteur, as the porn industry’s “answer to Steven Spielberg.”

Neither Meta nor Strike 3 responded to my request for comment beyond the claims and defenses in court filings.

As I reported in 2023, Strike 3 has flooded federal courts with cookie-cutter lawsuits alleging that defendants infringed its copyrights by downloading its movies via BitTorrent, an online service on which unauthorized content can be accessed by almost anyone with an internet connection. Its targets generally have been individuals with plenty to lose from being publicly outed as porn viewers.

“Given the nature of the films at issue,” a federal judge in Connecticut observed last year, “defendants may feel coerced to settle these suits merely to prevent public disclosure of their identifying information, even if they believe they have been misidentified.”

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Strike 3’s letters to its target defendants have warned that the statutory penalty for willful copyright infringement is $150,000, but offer to make the case go quietly away for a few thousand bucks, which would be a fraction of the cost of hiring a defense lawyer, not to mention the downside of exposing oneself as a porn fiend.

J. Curtis Edmondson, a Portland, Ore., lawyer who won a case against Strike 3, estimated in 2023 that Strike 3 “pulls in about $15 million to $20 million a year from its lawsuits.” But financial data that could validate his estimate hasn’t surfaced in court records.

There’s nothing new about content owners’ aggressive pursuit of copyright infringers. The practice was pioneered by the Recording Industry Assn. of America, when the industry feared that unauthorized downloading of music through programs such as Napster threatened its very existence. From 2003 through 2008, the association sued some 35,000 alleged song pirates.

But it abandoned the strategy because its legal dragnet swept up sympathetic targets such as single mothers and teenage girls, creating a public relations disaster.

There followed the appearance of outright trolls such as Prenda Law Group, which posted porn films online as bait to attract downloaders, whom it then sued in what judges ultimately found to be sham lawsuits. Prenda principal John L. Steele even bragged publicly that Prenda had made nearly $15 million with its lawsuits. U.S. Judge Otis Wright II of Los Angeles put the kibosh to its practice by slapping the Prenda lawyers with stiff sanctions for contempt.

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That brings us to Strike 3’s case against Meta, which it filed in July. Strike 3 hasn’t been accused of a Prenda-style fraud, since it does own the films at issue and its right to sue copyright infringers isn’t disputed. But its allegation that Meta downloaded its films to train its AI bots, rather than just for personal enjoyment, is a new wrinkle for an old issue.

Strike 3 says its lawsuit grew out of a separate case in which a witness testified that Meta had downloaded thousands of pirated books to train its LLaMA AI bots — that is, feeding the content into LLaMA for it to use to generate answers to user questions. (Numerous lawsuits have been filed against AI firms alleging similar infringement.)

Strike 3 says that case prompted it to look into whether Meta had downloaded any of its content. It says it discovered that 47 IP addresses owned by Meta — that is, digital identifiers of internet accounts — had downloaded its movies without permission.

In all, Strike 3 alleges, those Meta addresses downloaded at least 2,396 of its movies — almost its entire catalog — more than 6,000 times via BitTorrent. What’s more, Strike 3 says Meta then posted some of that content back onto BitTorrent to take advantage of BitTorrent’s “tit-for-tat” mechanism through which users can obtain faster download speeds by uploading content to the platform.

If Strike 3 were to prevail on all its claims for illicit downloading, it would be entitled to about $360 million in damages, observes Eric Fruits, an Oregon economist who has testified for the defense in some Strike 3 lawsuits.

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One might ask why Meta might be downloading porn for any reason, bot-training or otherwise. Meta, in its defense filings, says Strike 3 has offered no proof that Meta, as a corporation, was responsible for the downloading. If it happened, Meta says, it would have been inadvertent.

“Tens of thousands of employees and innumerable contractors, visitors, and third parties access the internet at Meta every day,” it wrote in its motion to dismiss the case. “While it is possible one or more Meta employees downloaded Plaintiffs’ videos, it is just as possible … that a ‘guest, or freeloader,’ or contractor, or vendor, or repair person — or any combination of such persons — was responsible for that activity.” The “sporadic downloads,” Meta says, “exhibit the hallmarks of personal use,” not corporate strategy.

This defense has borne fruit in other Strike 3 cases, in which defendants successfully argued simply having an IP address that was used to infringe wasn’t enough to prove they committed the infringements.

Strike 3 says it can show that the downloads weren’t the work of random users. Some downloads, it says, were coordinated among several Meta IP addresses, all based on the same algorithmic keywords and occurring simultaneously, suggesting that the infringements “took place within Meta’s walls.”

On Dec. 15, 2022, for instance, downloads apparently based on the keyword “teen” involved not only the movies “Teenage Mutant Ninja Turtles” and “Teen Titans Go to the Movies,” but also “Teen Sex Sessions 2” and “Teens love Tats XXX,” according to Lee’s ruling. Other simultaneous downloads swept up episodes of “The Big Bang Theory” and “Ted Lasso” out of order, though a putative human user would probably have downloaded them sequentially.

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“It strains credulity,” Lee ruled, “to suggest that these correlations are mere coincidence and the product of individual human selections.” Rather, the use of an algorithm would account for “why pornography was downloaded alongside children’s cartoons and sitcoms. … The odds that multiple people using the Corporate IP addresses … coincidentally torrented the same show, rather than simply streaming it, on the exact same day strains belief.”

The case is still at an early stage. For Strike 3, the lawsuit offers the potential of a big score. But Meta has signaled that it’s not inclined to roll over like a family man caught downloading skin flicks and worrying about his reputation at home and around town.

This time, Strike 3 may have a fight on its hands with a defendant that has money to burn.

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Rivian lays off hundreds of workers days after new vehicle deliveries begin

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Rivian lays off hundreds of workers days after new vehicle deliveries begin

Rivian said it’s laying off hundreds of employees, or less than 2% of its workforce, as part of restructuring efforts aimed at making the company profitable for the first time.

The layoffs come one week after the Irvine-based electric vehicle maker began deliveries of its highly anticipated R2 SUV.

The company is hoping that the R2, which is currently only available as a performance version for $57,990, could attract more customers with its lower price tag.

But industry analysts said the performance R2 is still not affordable for many Americans, and investors reacted with disappointment to the first deliveries June 9, with shares falling 7% that day. On Wednesday, Rivian shares gained .33 points, or 2%, to close at $16.26.

The company said a standard version of the R2 starting at $44,990 will become available next year.

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The layoffs took effect on Monday and affected Rivian’s service and customer organization employees, including sales and marketing teams. Rivian employed 15,232 people as of December.

“We recently restructured a handful of teams within Rivian as we work to profitably scale our ‌business,” a ⁠company spokesperson said.

The laid off employees have been provided with severance packages and are encouraged to apply for other open roles with Rivian, the company said.

Rivian may be trying to reach profitability by saving money on labor, said Ivan Drury, director of insights at Edmunds.

“You have to wonder to what degree they do plan on replacing those people with some level of AI and automation,” he said.

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Rivian, which is pouring money into autonomous vehicle efforts including a robotaxi partnership with Uber, has struggled to turn a profit with its luxury EVs.

The layoffs are likely not directly tied to recent reception of the R2, auto analyst Brian Moody said.

“I think that it’s declining interest in new electric cars, and maybe declining interest in expensive things,” he said. “We can surmise that [layoff] process began long before the R2 launch.”

The company lost $3.6 billion last year and recently said it is no longer expecting to meet its 2027 adjusted core profit target.

There has been a broad cooling of the EV market. Major automakers including Honda and Ford have cut back their EV options as excitement for the vehicles has fallen under the Trump administration. A $7,500 EV tax credit for new vehicles expired in September.

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Rivian cut 4.5% of its workforce in October, or more than 600 jobs, following the expiration of the credit. The company also laid off about 200 employees in September.

In a recent turnaround, Rivian surprised the market with strong earnings results in February, reporting gross profits for 2025 of $144 million compared with a net loss in 2024 of $1.2 billion. Gross profit is revenue without subtracting the cost of production expenses.

In its earnings release, Rivian credited the swing to “strong software and services performance, higher average selling prices, and reductions in cost per vehicle.”

“The company has never posted a full year’s worth of profit, and this is the one lever they can pull to rightsize things,” Drury said.

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