After a chaotic week following the Justice Department’s mid-trial settlement with Live Nation-Ticketmaster, the antitrust trial picked back up surprisingly smoothly on Monday — this time, with dozens of states leading the case.
Technology
The Live Nation trial restarts with a ‘velvet hammer’
This isn’t the outcome the states originally wanted. Out of concerns about being able to effectively take over the case and fear that the jury would be prejudiced by the shakeup, they requested a mistrial, which would have restarted the court battle at an unknown future date. But an irritated Judge Arun Subramanian seemed likely to deny the request, and once the states figured out how to retain the DOJ’s expert witness and were able to quickly hire up, they withdrew their mistrial motion. After the new faces were introduced, the trial restarted from roughly where it left off more than a week ago, with testimony that included how Live Nation deployed its “velvet hammer” against rivals.
Subramanian welcomed the jurors back from their “spring break” and asked if they had read or encountered any news about the case when they were out, which is forbidden by the jury instructions. They either shook their heads or remained silent. He reminded the jurors that the US had resolved its claims, as had a handful of states, but the rest were proceeding to trial. Jurors shouldn’t make any inferences from the fact those parties are no longer in the case, he said.
With the DOJ out of the picture, the lawyers who questioned early witnesses were gone, replaced by a new team co-led by Jonathan Hatch, an attorney from the New York AG’s office, and Jeffrey Kessler of Winston & Strawn, who represented college athletes in the landmark Supreme Court antitrust case against the NCAA over compensation.
The states’ attorneys picked up questioning of Jay Marciano, the COO of AEG, a competitor to Live Nation on multiple fronts. While Hatch refreshed jurors on parts of Marciano’s prior testimony, it was otherwise a fairly standard examination. Marciano testified about ticketing models he prefers in Europe, where multiple ticketing services often work at a venue, unlike the norm in the US where venues tend to accept exclusive ticketing contracts, often from Ticketmaster.
On cross examination, Marciano spoke to an incident the jury heard about early in the trial: a call between the Barclays Center’s then-CEO and Live Nation CEO Michael Rapino, who responded to an attempt to abandon Ticketmaster by saying it would be harder for the arena to get concerts with the new UBS Arena nearby. While Barclays interpreted this as a threat to protect Ticketmaster, Marciano affirmed that it’s common as a concert promoter to play venues against each other to get more favorable terms, and that the UBS Arena likely would attract artists away from Barclays as the new venue in town.
Live Nation’s president of US concerts, Robert Roux, addressed a separate allegation: that Live Nation uses its broad control over US amphitheaters to maintain its monopoly power, leaving no other real options for artists looking to play large outdoor venues. Through Live Nation’s own business presentations, plaintiff attorney Josh Hafenbrack demonstrated that the company made big strides to gain power over four of the top five amphitheaters in the US by ticket sales between 2016 and now. A 2018 presentation showed a largely highlighted list of the top 100 amps worldwide, with the green highlights representing the 62 Live Nation owned, operated, or exclusively booked venues at the time. Since then, Roux confirmed, the company has added several more on that list.
Live Nation denies it acted anticompetitively, and argues the states ignore other kinds of venues that compete for the same shows. But Roux wrote in a 2015 email that many non-superstar artists come in wanting to play amphitheaters — many of which, evidence shown in court has suggested, are controlled or exclusively booked by Live Nation. He also wrote that in those cases, there was “room for tighter negotiations and deals.”
“Either we are together or we are competitors”
Other emails described how Live Nation thinks about its competition when contemplating otherwise lucrative deals. In a 2018 email exchange, Rapino questioned why Live Nation should give shows to a promoter in the South it considered acquiring, Red Mountain Entertainment, before it actually owned it. Roux wrote at the time that the message to Red Mountain should be, “Either we are together or we are competitors.” He described the approach as a “velvet hammer.” On the witness stand, Roux said the message wasn’t meant to “antagonize” the promoter, but to be firm and send a clear message. In a separate exchange that mentioned Red Mountain, Roux wrote that Live Nation shouldn’t get “complacent” and “let small guys encroach from the edges.” Roux said the comment was a general one, and not specific to the promoter. Live Nation acquired Red Mountain in 2018.
In 2020, Rapino advised Roux against letting Radio Disney and concert promoter Superfly into a Live Nation venue, even after they offered a contract that would yield at least $400,000 in profit for Live Nation for renting out the amp. One executive had raised a concern about allowing a third-party promoter into the amp, even though the “money is great.”
Finally, Roux testified that Live Nation’s profits per fan have multiplied in recent years, with profitability in large amps, a key market in the case, growing more than other venue categories between 2019 and 2024. Before certain costs were factored in, the company made $386 million in profit from large amps in 2024, nearly triple the amount it made in that segment in 2019.
Besides the delay in the case while the states’ team sorted out its next moves absent the DOJ, there wasn’t a noticeable change in the flow of trial and how the new litigators operated, compared to the first week of trial. The case is still expected to run several more weeks, though both sides said they’ve worked to trim their witness lists to help make up for lost time. Toward the end of this week, one of the trial’s most high-profile witnesses is expected to take the stand: Live Nation’s CEO.
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Valve has some good news and bad news about Steam Controllers. The good news: if you make a reservation for a Steam Controller, the company will now show you one of three estimates of when you’ll be able to actually order your gamepad: by September 2026, by December 2026, or sometime in 2027. The bad news: any reservations made today “indicate a 2027 date for shipping,” Valve says.
“We have no plans to stop making Steam Controller,” according to Valve. “But as we look at the current demand compared to how many we know we can make by the end of the year, we want to manage expectations as much as we can with regards to when folks can expect to receive their order.”
Valve’s very good new Steam Controller went on sale in early May, and the initial rush led some people to run into frustrating problems with trying to check out ahead of the controllers eventually going out of stock. A few days later, the company announced that it would be implementing a reservations queue for interested buyers so they could get on a waitlist. If you’re on the waitlist, when you get notified that a Steam Controller is ready for you to buy, you have 72 hours to actually make the order.
“When we launched Steam Controller last month, we quickly saw that initial demand exceeded our expectations,” Valve says. “Switching to a reservation queue has (hopefully) cut down on the headaches on the customer side, and for us it’s also been helpful as we plan ahead and try to get as many out as quickly as we are able.”
All three of Valve’s big hardware products were delayed from a planned early 2026 launch because of the component crisis, Valve still hasn’t announced when the Steam Machine PC or Steam Frame VR headset might go on sale. However, just yesterday, Valve officially launched its big SteamOS 3.8 update with support for the Steam Machine. It’s also been importing a lot of hardware into the US as of late.
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The next time you pull up to a McDonald’s drive-thru, the voice taking your order may not be human. McDonald’s is testing a new AI-powered system called ArchIQ at five U.S. locations. The company has not said where those restaurants are located. The voice assistant, nicknamed Archy, can take drive-thru orders and has shown it can handle both English and Spanish.
For anyone who has repeated “no pickles” into a speaker box more than once, this could sound helpful. However, if you remember McDonald’s last AI drive-thru experiment, you may also wonder whether your burger order could somehow turn into a bag full of surprise McNuggets.
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WOULD YOU EAT AT A RESTAURANT RUN BY AI?
McDonald’s is testing an AI drive-thru system called ArchIQ at five U.S. restaurants. (Kurt “CyberGuy” Knutsson)
What is McDonald’s AI drive-thru?
ArchIQ is McDonald’s new AI system for restaurants. It can take drive-thru orders and also help with operations behind the scenes.
In a post on X, McFranchisee, an anonymous McDonald’s franchisee account, said the system is currently in five test stores and has processed more than one million transactions. The account also said about 90% of orders were completed without a human stepping in. That number sounds promising. Still, McDonald’s has not confirmed a nationwide launch date. For now, this remains a limited test.
The system also appears to connect with a bigger McDonald’s plan called “McDonald’s > NEXT.” CEO Chris Kempczinski described the strategy as a way to bring in more customers and improve restaurant productivity. The plan also includes menu changes, restaurant redesigns, technology upgrades and more focus on hospitality.
Why McDonald’s is testing AI ordering
Drive-thrus can get chaotic fast. Someone changes an order after the total appears. A child calls out from the back seat. Road noise makes the speaker hard to hear. Then the driver remembers the extra sauce after everything has already gone through. That is the type of pressure McDonald’s wants AI to handle.
If ArchIQ works well, it could help restaurants move cars through the line faster. It may also reduce mistakes during busy hours. Workers could then focus more on preparing food, handling payments and helping customers who need a real person.
ArchIQ also appears to have a management role. In the same X post, McFranchisee described Archy as a tool that could alert managers to bottlenecks or other issues before they slow down operations.
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The AI assistant, nicknamed Archy, can take drive-thru orders and may also help managers spot restaurant slowdowns. (McFranchisee)
McDonald’s tried AI drive-thru ordering before
This new test follows McDonald’s earlier AI drive-thru experiment with IBM. That program involved more than 100 restaurants. McDonald’s ended the test in 2024 after customers complained about order accuracy. Some mistakes also went viral, creating an embarrassing moment for McDonald’s and raising questions about whether the technology was ready for the drive-thru. Customers reported wrong items, strange quantities and other order mix-ups. That history is why this new test will get extra attention.
This time, McDonald’s is working with Google technology. McFranchisee also claimed every McDonald’s in the U.S. is getting Google Edge Cloud hardware in anticipation of the rollout. McDonald’s seems to believe the newer system can perform better than the last one. The real test will come when regular customers use it during real drive-thru rushes.
How McDonald’s AI drive-thru could help customers
If McDonald’s gets this right, the most obvious benefit is speed. An AI ordering system does not get tired during a long shift. It may also help more customers order in the language they prefer. That could make a busy drive-thru feel less frustrating, especially during breakfast or late-night hours.
The system may also ask clearer follow-up questions and catch missing details before the order reaches the kitchen. That would be a win for customers who want to get in, get their food and get on with the day.
The biggest problem with AI drive-thru orders
The biggest concern is accuracy. AI can still misunderstand people. That gets frustrating fast when you are trying to grab lunch between errands or get your kids fed from the back seat. A wrong order wastes time. It also puts workers in the position of fixing a mistake the machine made.
There is also the customer service side. Some people like hearing a real person at the speaker. Others may find an AI voice cold or annoying, especially if the system gets confused.
Then there is the privacy question. If an AI system takes your order, customers may wonder what gets collected, how long it is kept and who can access it. McDonald’s has not publicly explained those specifics for this current ArchIQ test.
ALEXA+ LETS YOU ORDER FOOD LIKE A REAL CONVERSATION
A drive-thru menu board stands outside a McDonald’s restaurant in Hercules, Calif., on Oct. 23, 2024, amid an E. coli outbreak linked to onions in Quarter Pounder sandwiches that has sickened dozens and killed one person across the U.S. (David Paul Morris/Bloomberg via Getty Images)
How to avoid AI drive-thru mistakes
Before you leave the drive-thru, take a moment to check the order screen. Make sure the items match what you said. Listen when the system repeats your order. Keep your receipt until you confirm the food is right.
Also, avoid sharing extra personal details at the speaker box. Your order should only require your food choices and payment.
If the AI gets confused, ask for a crew member. You do not need to keep going back and forth with a machine over fries.
What this means for you
For now, you probably will not notice a change at your local McDonald’s. The ArchIQ test appears limited to five U.S. restaurants, and the company has not said when it could expand.
Still, this gives customers a preview of where fast food may be heading. AI could soon play a bigger role in how restaurants take orders and manage the kitchen. That may speed up the line, though it could also make the experience feel less personal.
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Kurt’s key takeaways
McDonald’s clearly wants AI to play a bigger role in its restaurants. From a business point of view, the idea makes sense. Shorter drive-thru lines could help franchisees and customers. Better restaurant data could also help managers fix problems faster. But I still want the human backup. Food orders can be messy because people are messy. We change our minds. We talk over each other. We forget the extra ketchup until the last second. AI may handle much of that one day. For now, I would treat it like any busy drive-thru interaction. Speak clearly. Check the order. Do not pull away until you know your food is right.
Would you trust an AI voice to take your McDonald’s order, or do you still want a real person on the other end of the speaker? Let us know by writing to us at Cyberguy.com
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Midjourney CEO David Holz just showed off the company’s first hardware product and plans to build a San Francisco spa, which he admitted is a bit different from the “cat pictures” produced by its AI image generator. Dubbed The Midjourney Scanner, it’s an ultrasound-based full-body scanner that uses a ring of sensors to capture vertical slices of the inside of your body, looking at the composition of your muscle, fat, bone, and organs to start. Holz said ideally, you could do this once a year or every single day, as it “aims for image quality comparable to MRI in many ways.”
He mentioned that one way he’d like to use it would be to see how his body changes in response to diet and workout changes, saying, “I’m not the most measured man on Earth yet, you know, but maybe I want to have that daily [measurable information].” A set of job listings advertises the company’s goal as trying to “build and launch the world’s first full-body ultrasound CT scanner, ultimately bringing safe, fast, and high fidelity preventative scanning to billions via a magical spa experience.”
The Midjourney Scanner was developed in a partnership with ultrasound tech company Butterfly Network, which said it uses “40 Butterfly Ultrasound-on-Chip imaging modules per system.”
The scanning process starts with stepping onto a platform that drops down into the water on rails through a ring of thousands of transducers that create ultrasonic waves. It then records the ripples passing through your body to analyze them and create detailed 3D images. The scan takes about 60 seconds. Holz said about a dozen people have been scanned so far.
It starts by stepping into a shallow pool of golden light. You then begin to descend into the water. Your body passes through a ring of underwater sensors, each acting like a dolphin, using its echolocation. The sensors send ultrasonic sound waves through your body from every angle. With enough waves, and enough angles, we form an image of what’s happening inside your body.
It combines those sensors with two petaflops of processing power. But after watching the livestreamed reveal, I’m still unclear on what Midjourney’s AI image generation tech exactly has to do with the Midjourney Medical effort, beyond an alternative business for otherwise-unused AI compute.
Holz hopes to put 10 of the scanners into a Midjourney Spa location in San Francisco’s Union Square that will open before the end of 2027 and offered to scan the hands of attendees at its launch event. The Midjourney Spa will have a gym, saunas, and cold plunges to go along with the hot tub–equipped scanning rooms where visitors will get into the water to be scanned.
He did mention that various medical applications would require FDA clearances, but for now, Midjourney Medical says it’s working on “body composition maps” that don’t require the same level of clearance as diagnostic imaging. It also says the “library of scans” users create can be shared with doctors, AI health tools, or others, and that, “We take data privacy seriously — more details on our data policies will come as we get closer to launch.”
Holz suggested that eventually these scans could become better than an MRI, without radiation, powerful magnets, or other complicating factors, to get a look at what’s going on inside people’s bodies “real fast.” In response to a question, he imagined a future where the FDA had a class of devices to look at “weird” things and allowed people to “just try to get as much data as we can.”
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