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		<title>Judge halts Northern California casino tribal case amid appeals</title>
		<link>https://www.ourstoryinsight.com/judge-halts-northern-california-casino-tribal-case-amid-appeals/</link>
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		<pubDate>Tue, 31 Mar 2026 03:31:49 +0000</pubDate>
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		<guid isPermaLink="false">https://www.ourstoryinsight.com/?p=14288</guid>

					<description><![CDATA[<p>A federal judge in Washington DC has decided to temporarily stop a lawsuit filed by three California tribes over a controversial casino proposal tied to the Koi Nation of Northern California. The pause, ordered March 27 by US District Judge Carl J. Nichols, puts the case on hold while similar legal fights play out in [&#8230;]</p>
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										<content:encoded><![CDATA[<p>A federal judge in Washington DC has decided to temporarily stop a lawsuit filed by three California tribes over a controversial casino proposal tied to the Koi Nation of Northern California. The pause, ordered March 27 by US District Judge Carl J. Nichols, puts the case on hold while similar legal fights play out in another court.</p>
<p>The tribes behind the lawsuit are described as three “Southern Pomo Indian tribes with strong historical connections to Sonoma County, California.” They challenged how the Interior Department and the Bureau of Indian Affairs handled the approval process, arguing the government rushed to take land into trust for the casino project.</p>
<p>The Southern Pomo Indian tribe is a key part of the Federated Indians of Graton Rancheria, which already operates a major casino nearby and has been among those pushing back against the Koi Nation’s plans as construction edges closer.</p>
<h2 class="wp-block-heading"><span id="why_the_judge_paused_the_northern_california_casino_tribal_case">Why the judge paused the Northern California casino tribal case</span></h2>
<p>Nichols said it made more sense to wait, pointing to ongoing appeals in related cases in Northern California that could directly shape what happens next. One of those cases already delivered a significant setback for the federal government, when a judge vacated the Interior Department’s approval of the project.</p>
<p>In light of that ruling, the tribes indicated they may drop their lawsuit altogether if the appeals process leaves that decision intact. </p>
<p>The federal government had argued against the delay, saying the request came too early and that a California court should decide whether to pause the case. Nichols disagreed, concluding that waiting would avoid duplicating legal work and potentially conflicting outcomes.</p>
<p>He pointed out that the Ninth Circuit’s upcoming decisions could influence nearly every major issue in the case, from whether it belongs in California to how the legal claims should ultimately be resolved. He also noted the government itself had recently asked for, and received, a similar pause in a related California case.</p>
<p>Nichols echoed that court’s reasoning, writing that “a stay would significantly advance the orderly course of justice.”</p>
<p>The dispute unfolds alongside political scrutiny over casino expansion in California. In July 2025, Governor Gavin Newsom faced criticism tied to tribal gaming decisions and campaign donations.</p>
<p>For now, the case remains frozen. Both sides must file joint updates every 90 days and outline next steps once the Ninth Circuit finishes weighing the related appeals. Until then, the legal fight over the casino project is effectively on hold.</p>
<p>Featured image: Koi Nation / Federated Indians of Graton Rancheria</p>
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		<title>Judge approves overseas travel in Hafa Adai Bingo case</title>
		<link>https://www.ourstoryinsight.com/judge-approves-overseas-travel-in-hafa-adai-bingo-case/</link>
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		<pubDate>Wed, 07 Jan 2026 03:18:00 +0000</pubDate>
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		<guid isPermaLink="false">https://www.ourstoryinsight.com/?p=12123</guid>

					<description><![CDATA[<p>A federal judge in the U.S. District Court of Guam has approved a request by a defendant in the high-profile Hafa Adai Bingo case to travel overseas. The accused is part of the ongoing case and has her itinerary approved to visit South Korea, despite ongoing proceedings tied to illegal gambling and money-laundering allegations. Judge [&#8230;]</p>
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]]></description>
										<content:encoded><![CDATA[<p>A federal judge in the U.S. District Court of Guam has approved a request by a defendant in the high-profile Hafa Adai Bingo case to travel overseas.</p>
<p>The accused is part of the ongoing case and has her itinerary approved to visit South Korea, despite ongoing proceedings tied to illegal gambling and money-laundering allegations.</p>
<h2><span id="judge_approves_travel_for_hafa_adai_bingo_defendant">Judge approves travel for Hafa Adai Bingo defendant</span></h2>
<p>Won Sun Min, one of several defendants charged in connection with the alleged illegal bingo operation, has been granted permission to travel to South Korea between January 6 and January 15, 2026, according to court documents.</p>
<p>Federal prosecutors have put forward an argument that says the actions of these individuals, including Min, generated millions of dollars in proceeds, violated U.S. laws governing illegal gambling businesses, and their actions involved money-laundering conspiracies to conceal or distribute proceeds.</p>
<p>Min has already pleaded guilty to some charges and agreed to forfeit $930,143.07 of the illegally gained proceeds.</p>
<h2><span id="mins_travel_green_lit_despite_federal_allegations">Min’s travel green lit despite federal allegations</span></h2>
<p>“The defendants operated Hafa Adai Bingo as an illegal gambling business by conducting bingo games, retaining and diverting bingo profits and proceeds,” read the court filing against the accused.</p>
<p>Magistrate Judge Michael Bordallo has approved the request on medical grounds, said the Pacific Daily News. The case centers around allegations that defendants operated an illegal gambling enterprise under the guise of a charitable bingo operation connected to the Guam Shrine Club (GSC).</p>
<p>“Instead, the GSC officers issued profit distribution and other checks to co-conspirator Won Sun Min (‘Min’) and defendant Marasigan. Min and Marasigan received over $2 million and $15 million of bingo proceeds, respectively, from GSC.”</p>
<p>Under federal law, an “illegal gambling business” is defined as one that violates state or territorial law, involves five or more persons, and remains in substantially continuous operation for more than 30 days or generates more than $2,000 in a single day.</p>
<p>If the federal argument is successful, Min could face up to five years in federal prison and a fine of up to $250,000 for the illegal gambling allegations.</p>
<p>On money-laundering conspiracy charges, there is a possible 20-year custodial term and a fine of up to $500,000, or twice the value of the laundered funds.</p>
<p>Featured image: Adobe Firefly</p>
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		<title>» A federal judge just dismissed an Ohio teacher’s fight against book bans.</title>
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		<pubDate>Tue, 21 Oct 2025 17:22:17 +0000</pubDate>
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					<description><![CDATA[<p>Karen Cahall was suspended for keeping four LGBTQ+ books in her classroom library. In (more) bad civil rights news, an Ohio third grade teacher lost a battle with the state last week when a district court dismissed her book ban lawsuit. Karen Cahall, who’s taught in the New Richmond Exempted Village School District for 30 [&#8230;]</p>
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]]></description>
										<content:encoded><![CDATA[<p></p>
<p><h2>Karen Cahall was suspended for keeping four LGBTQ+ books in her classroom library.</h2>
</p>
<p>In (more) bad civil rights news, an Ohio third grade teacher lost a battle with the state last week when a district court dismissed her book ban lawsuit.</p>
<p>Karen Cahall, who’s taught in the New Richmond Exempted Village School District for 30 years, was suspended without pay for several days last fall when school authorities accused her of storing controversial materials in her classroom library. The materials in question? Four YA books “with LGBTQ+ characters.”</p>
<p>Last December, Cahall sued the district for her suspension on the grounds that her employer’s definition of “controversial” had been left deliberately vague. Citing the 14th and 15th amendments, she chided the state for big equal protection biffs. Though conservative Ohio courts always conspired to tilt her battle uphill, the initial suit made a splash. But on September 29, U.S. District Judge Douglas Cole ruled in favor of the system and dismissed Cahall’s case.</p>
<p>Judge Cole is a first term Trump appointee, nominated in 2019. In his ruling, he echoed the district’s definition of controversial—as “likely to arouse both support and opposition in the community.”</p>
<p>He also cited a precedent that limits a teacher’s civil rights. “Teachers do not have a First Amendment right to make their own ‘curricular and pedagogical choices’ in a public school,” he wrote. “The district pays her to instruct students, and as part of that, it has the right to specify the materials that she uses to accomplish that objective.”</p>
<p>Though the “controversial” books in Ms. Cahall’s classroom collection lived among more than 100 others—and, as her suit critically argued, none of the titles were “required reading or used in formal instruction”—the district court ruling will stand. Which makes this yet another blow for civil rights in the classroom, and queer children’s literature, writ-large.</p>
<p>Cahall’s initial suspension was set in motion off a parent’s complaint. But she’s defended her role in the classroom through every turn of the legal process, noting “sincerely held moral and religious beliefs that all children, including children who are LGBTQ+ or the children of parents who are LGBTQ+, deserve to be respected, accepted, and loved for who they are.”</p>
<p>Her ongoing suit has been supported in part by a personal GoFundMe, with surplus proceeds earmarked for LGBTQ+ advocacy efforts. And though the legal process has been a huge ordeal, Cahall’s nowhere near giving up the good fight. As she told The Buckeye Flame, “the good thing is when I’m in my classroom and I’m teaching, that really is my happy place.”</p>
<p>If you too love controversy and morally courageous educators, consider picking up one of the books excised from Cahall’s contested collection: A.J. Sass’ Ana On The Edge, Basil Sylvestor’s The Fabulous Zed Watson, Ashley Herring Blake’s Hazel Bly and the Deep Blue Sea, and Kyle Lukoff’s Too Bright to See.</p>
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		<title>Another Judge Chips Away at Library Patron First Amendment Rights</title>
		<link>https://www.ourstoryinsight.com/another-judge-chips-away-at-library-patron-first-amendment-rights/</link>
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		<pubDate>Thu, 02 Oct 2025 16:52:24 +0000</pubDate>
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					<description><![CDATA[<p>Kelly is a former librarian and a long-time blogger at STACKED. She&#8217;s the editor/author of (DON&#8217;T) CALL ME CRAZY: 33 VOICES START THE CONVERSATION ABOUT MENTAL HEALTH and the editor/author of HERE WE ARE: FEMINISM FOR THE REAL WORLD. Her next book, BODY TALK, will publish in Fall 2020. Follow her on Instagram @heykellyjensen. View [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/another-judge-chips-away-at-library-patron-first-amendment-rights/">Another Judge Chips Away at Library Patron First Amendment Rights</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>			<span class="author-bio--auth-inner"></p>
<p class="author-bio--description">Kelly is a former librarian and a long-time blogger at STACKED. She&#8217;s the editor/author of (DON&#8217;T) CALL ME CRAZY: 33 VOICES START THE CONVERSATION ABOUT MENTAL HEALTH and the editor/author of HERE WE ARE: FEMINISM FOR THE REAL WORLD. Her next book, BODY TALK, will publish in Fall 2020. Follow her on Instagram @heykellyjensen.</p>
<p class="author-bio--posts-link">View All posts by Kelly Jensen</p>
<p>			</span></p>
<p>In another blow to the First Amendment Rights of library users, the United States District Court for the Northern District of Florida ruled that the Escambia County school board did not violate student or author rights when it pulled And Tango Makes Three from school library shelves. This is the second ruling in a matter of months to put the approved content of public library and public school library materials into the hands of government officials. </p>
<p>It is also a ruling that contradicts one made in the U.S. Middle District Court of Florida in mid-August, where the judge found a Florida law used to remove books from public schools was “overbroad and unconstitutional.” </p>
<p>Peter Parnell and Justin Richardson, the creators of And Tango Makes Three, alongside an elementary school student in the district, filed the lawsuit against Escambia County school board in September 2023. It alleged that the district removed the nonfiction picture book about a pair of penguins at the Central Park Zoo who raised an egg together was removed by the board because it disagreed with their viewpoint. They argued the decision infringed on their free speech rights.</p>
<p>Escambia officials claimed that library collections were government speech. They could curate the collection as they wished and authors did not have a right to have their materials included. </p>
<p>Judge Allen Winsor oversaw the case in the District Court. But rather than lean on the arguments presented by Escambia, he went with a different approach. First, Winsor argued, school libraries are not a public forum for expressing opinions. In that, the authors didn’t have the right to have their books included. Second, Winsor stated that the book being removed from the school library didn’t hinder the student plaintiff’s ability to get the book. He could “order it online, buy it at a bookstore, or borrow it from a friend.” This is a common argument made by the individuals and groups who have been pursuing book bans in public schools and libraries since the unprecedented rise in book censorship began in 2021. </p>
<p>Literary Activism</p>
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News you can use plus tips and tools for the fight against censorship and other bookish activism!
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<p>The New York Times’s coverage on the case points out that Winsor did not address the issue of “government speech.” Instead, Judge Winsor leaned on the First Amendment argument. </p>
<p>From the ruling: </p>
<p>The good news is I need not decide the difficult government-speech issue to resolve the case. If book curation is government speech, the board wins on the merits because the First Amendment would not reach its speech. And even if book curation is not government speech, the board still wins on the merits: when the government decides which books to choose, it is not creating a forum for others to speak, and it is not otherwise implicating Plaintiffs’ First Amendment Rights. Either way, the First Amendment offers Plaintiffs no protection, and the board is entitled to summary judgment. </p>
<p>[…]</p>
<p>[T]here is no principled reason to distinguish book removals from decisions rejecting additions. </p>
<p>And Tango Makes Three was removed from Escambia Schools following a single parent complaint. After multiple review committees elected to keep the book on shelves, the parent appealed the decision to the board, who pulled it. In other words, one complaint from the community was enough to remove the book from an entire school district. Even by Escambia County’s current selection policy, removal of And Tango Makes Three–again, a work of <strong>nonfiction</strong>–would not be appropriate. </p>
<p>Parnell et al. vs. School Board of Escambia County is the second case this year to directly address the First Amendment rights as they relate to patron access in public libraries. The first came from the Fifth Circuit Court in late May, which argued that the First Amendment cannot be used to challenge book removals in three U.S. states. Library books are government speech and thus, not subject to the Free Speech clause–in other words, Little vs. Llano County provides fertile ground for removing materials from shelves based entirely on political motivation and sets up ample opportunity for the development of biased library collections paid for by taxpayer dollars. The ruling currently applies to Mississippi, Louisiana, and Texas, but Judge Winsor pulled liberally from that case in making his decision in Parnell.</p>
<p>At least one of the most prolific book banners in the country, Bruce Friedman, celebrated the judge’s decision. He told Clay County, Florida, schools in a message on X that he’d be seeking to get And Tango Makes Three removed from the district soon. </p>
<p>This is one of two lawsuits that have been filed against Escambia County school board in relation to their mass book bannings. PEN America, Penguin Random House, and a group of authors joined with parents and students in Escambia County, Florida, to file a lawsuit against the school board in May 2023. That case is still moving through the court system. </p>
<p>Parnell and Richardson have filed numerous lawsuits in relation to the banning of And Tango Makes Three, which celebrated its 20th publication anniversary this year. They settled one against Florida’s Nassau County School District, wherein the board not only had to put their book and several others inappropriately removed back on school shelves, but the district also had to acknowledge their decision had no basis. </p>
<p>There are also a lot of unanswered questions as a result of this ruling. Where and how does this square with Judge Mendoza’s from August, wherein the law Florida instituted to remove books was deemed unconstitutional? Where and how does this decision contradict the ruling in 1982’s Island Trees vs. Pico, which held that public school libraries are places for voluntary inquiry and dissemination of information and ideas? If school and public libraries aren’t required to meet the diverse needs and interests of their communities, then what purpose do they even serve? </p>
<p>The future of whether or not public library materials constitute government speech remains to be seen. The plaintiffs in Parnell can appeal the decision, and the decision rendered in Little vs. Llano County from earlier this year is eligible for appeal to the Supreme Court. </p>
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		<title>Meta wins AI copyright case, judge welcomes other to bring lawsuits</title>
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		<pubDate>Thu, 26 Jun 2025 02:07:44 +0000</pubDate>
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					<description><![CDATA[<p>Meta CEO Mark Zuckerberg makes a keynote speech during the Meta Connect annual event, at the company&#8217;s headquarters in Menlo Park, California, on Sept. 25, 2024. Manuel Orbegozo &#124; Reuters Meta on Wednesday prevailed against a group of 13 authors in a major copyright case involving the company&#8217;s Llama artificial intelligence model, but the judge [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/meta-wins-ai-copyright-case-judge-welcomes-other-to-bring-lawsuits/">Meta wins AI copyright case, judge welcomes other to bring lawsuits</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
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										<content:encoded><![CDATA[<p><span class="HighlightShare-hidden" style="top:0;left:0"/></p>
<p>Meta CEO Mark Zuckerberg makes a keynote speech during the Meta Connect annual event, at the company&#8217;s headquarters in Menlo Park, California, on Sept. 25, 2024.</p>
<p>Manuel Orbegozo | Reuters</p>
<p><span class="QuoteInBody-quoteNameContainer" data-test="QuoteInBody" id="RegularArticle-QuoteInBody-1">Meta<span class="QuoteInBody-inlineButton"><span class="AddToWatchlistButton-watchlistContainer" id="-WatchlistDropdown" data-analytics-id="-WatchlistDropdown"><span class="AddToWatchlistButton-addWatchListFromTag"/></span></span></span> on Wednesday prevailed against a group of 13 authors in a major copyright case involving the company&#8217;s Llama artificial intelligence model, but the judge made clear his ruling was limited to this case.</p>
<p>U.S. District Judge Vince Chhabria sided with Meta&#8217;s argument that the company&#8217;s use of books to train its large language models, or LLMs, is protected under the fair use doctrine of U.S. copyright law.</p>
<p>Lawyers representing the plaintiffs, including Sarah Silverman and Ta-Nehisi Coates, alleged that Meta violated the nation&#8217;s copyright law because the company did not seek permission from the authors to use their books for the company&#8217;s AI model, among other claims.</p>
<p>Notably, Chhabria said that it &#8220;is generally illegal to copy protected works without permission,&#8221; but in this case, the plaintiffs failed to present a compelling argument that Meta&#8217;s use of books to train Llama caused &#8220;market harm.&#8221; Chhabria wrote that the plaintiffs had put forward two flawed arguments for their case.</p>
<p>&#8220;On this record Meta has defeated the plaintiffs&#8217; half-hearted argument that its copying causes or threatens significant market harm,&#8221; Chhabria said. &#8220;That conclusion may be in significant tension with reality.&#8221;</p>
<p>Meta&#8217;s practice of &#8220;copying the work for a transformative purpose&#8221; is protected by the fair use doctrine, the judge wrote.</p>
<p>&#8220;We appreciate today&#8217;s decision from the Court,&#8221; a Meta spokesperson said in a statement. &#8220;Open-source AI models are powering transformative innovations, productivity and creativity for individuals and companies, and fair use of copyright material is a vital legal framework for building this transformative technology.&#8221;</p>
<p>Though there could be valid arguments that Meta&#8217;s data training practice negatively impacts the book market, the plaintiffs did not adequately make their case, the judge wrote.</p>
<p>Attorneys representing the plaintiffs did not respond to a request for comment.</p>
<p>Still, Chhabria noted several flaws in Meta&#8217;s defense, including the notion that the &#8220;public interest&#8221; would be &#8220;badly disserved&#8221; if the company and other businesses were prohibited &#8220;from using copyrighted text as training data without paying to do so.&#8221;</p>
<p>&#8220;Meta seems to imply that such a ruling would stop the development of LLMs and other generative AI technologies in its tracks,&#8221; Chhabria wrote. &#8220;This is nonsense.&#8221;</p>
<p>The judge left the door open for other authors to bring similar AI-related copyright lawsuits against Meta, saying that &#8220;in the grand scheme of things, the consequences of this ruling are limited.&#8221;</p>
<p>&#8220;This is not a class action, so the ruling only affects the rights of these thirteen authors — not the countless others whose works Meta used to train its models,&#8221; he wrote. &#8220;And, as should now be clear, this ruling does not stand for the proposition that Meta&#8217;s use of copyrighted materials to train its language models is lawful.&#8221;</p>
<p>Additionally, Chhabria noted that there is still a pending, separate claim made by the plaintiffs alleging that Meta &#8220;may have illegally distributed their works (via torrenting).&#8221; </p>
<p>Earlier this week, a federal judge ruled that Anthropic&#8217;s use of books to train its AI model Claude was also &#8220;transformative,&#8221; thus satisfying the fair use doctrine. Still, that judge said that Anthropic must face a trial over allegations that it downloaded millions of pirated books to train its AI systems.&#8221;</p>
<p>&#8220;That Anthropic later bought a copy of a book it earlier stole off the internet will not absolve it of liability for the theft, but it may affect the extent of statutory damages,&#8221; the judge wrote.</p>
<p><strong>WATCH</strong>: Meta pushes back on ban of WhatsApp on devices used by House of Representatives.</p>
<p><span class="InlineVideo-videoButton"/><span/></p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/meta-wins-ai-copyright-case-judge-welcomes-other-to-bring-lawsuits/">Meta wins AI copyright case, judge welcomes other to bring lawsuits</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
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		<title>Judge Grants Trump Administration Win in ALA vs. Sonderling IMLS Lawsuit</title>
		<link>https://www.ourstoryinsight.com/judge-grants-trump-administration-win-in-ala-vs-sonderling-imls-lawsuit/</link>
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		<pubDate>Mon, 09 Jun 2025 14:12:35 +0000</pubDate>
				<category><![CDATA[Literature]]></category>
		<category><![CDATA[administration]]></category>
		<category><![CDATA[ALA]]></category>
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		<guid isPermaLink="false">https://www.ourstoryinsight.com/?p=7519</guid>

					<description><![CDATA[<p>Kelly is a former librarian and a long-time blogger at STACKED. She&#8217;s the editor/author of (DON&#8217;T) CALL ME CRAZY: 33 VOICES START THE CONVERSATION ABOUT MENTAL HEALTH and the editor/author of HERE WE ARE: FEMINISM FOR THE REAL WORLD. Her next book, BODY TALK, will publish in Fall 2020. Follow her on Instagram @heykellyjensen. View [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/judge-grants-trump-administration-win-in-ala-vs-sonderling-imls-lawsuit/">Judge Grants Trump Administration Win in ALA vs. Sonderling IMLS Lawsuit</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>			<span class="author-bio--auth-inner"></p>
<p class="author-bio--description">Kelly is a former librarian and a long-time blogger at STACKED. She&#8217;s the editor/author of (DON&#8217;T) CALL ME CRAZY: 33 VOICES START THE CONVERSATION ABOUT MENTAL HEALTH and the editor/author of HERE WE ARE: FEMINISM FOR THE REAL WORLD. Her next book, BODY TALK, will publish in Fall 2020. Follow her on Instagram @heykellyjensen.</p>
<p class="author-bio--posts-link">View All posts by Kelly Jensen</p>
<p>			</span></p>
<p>On Friday, June 6, Judge Richard J. Leon denied the motion made by plaintiffs in ALA vs. Sonderling for a preliminary injunction against the dismantling of the Institute for Museum and Library Services (IMLS). The temporary restraining order issued in the case by the judge May 1 expired on May 29.  </p>
<p>Judge Leon’s decision in ALA vs. Sonderling came not because he agreed with the defendants and their evidence. It came because he believes the case itself was brought to the wrong court jurisdiction. His decision notes that the case should be brought under the Court of Federal Claims due to the Tucker Act. </p>
<p>Judge Leon writes:</p>
<p>I emphasize, though, that my decision reflects the high bar for and extraordinary nature of a preliminary injunction. My decision does not prohibit plaintiffs from renewing their motion or succeeding on a dispositive motion depending on further developments in the facts and law. </p>
<p>Despite the headlines across the internet saying this ruling means that the Trump administration can now continue gutting the institution, that’s not exactly true. ALA vs. Sonderling is one of the two federal cases brought about in response to the administration’s actions against the Institute of Museum and Library Services. </p>
<p>Literary Activism</p>
<p>
News you can use plus tips and tools for the fight against censorship and other bookish activism!
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<p>The current court order in the other IMLS lawsuit, Rhode Island vs. Trump, still does not allow further destruction of the federal agency overseeing public libraries and museums. Indeed, the same day that the ALA case was dealt a blow, Judge John J. McConnell denied the Trump administration a stay pending their appeal in Rhode Island. </p>
<p>So what does this all mean? In short, we might see the Trump administration trying to do more damage to the IMLS under the ALA decision. But given that the Rhode Island decision not only requires that the Trump administration curtail their dismantling of IMLS but that they begin to rebuild what they’ve already taken apart, including bringing fired staff back and releasing withheld grants to the 21 states involved in the lawsuit, we may see absolutely nothing happen. This is a fluid and developing situation. </p>
<p>Unfortunately, this court setback is one more hurdle that allows these lawsuits to drag on longer. If the Trump administration’s proposal of a complete closure of the agency in the 2026 federal budget passes, whatever the outcomes of either lawsuit is will be moot. </p>
<p>You can follow the timeline of Trump’s attempts to shutter the Institute of Museum and Library Services here, as well as catch up with previous coverage here, here, here, here, and here. </p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/judge-grants-trump-administration-win-in-ala-vs-sonderling-imls-lawsuit/">Judge Grants Trump Administration Win in ALA vs. Sonderling IMLS Lawsuit</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
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		<title>Judge Rebukes Apple and Orders It to Loosen Grip on App Store</title>
		<link>https://www.ourstoryinsight.com/judge-rebukes-apple-and-orders-it-to-loosen-grip-on-app-store/</link>
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		<pubDate>Thu, 01 May 2025 03:42:29 +0000</pubDate>
				<category><![CDATA[Technology]]></category>
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		<guid isPermaLink="false">https://www.ourstoryinsight.com/?p=6758</guid>

					<description><![CDATA[<p>A federal judge ruled on Wednesday that Apple must loosen its grip on its App Store and stop collecting a commission on some app sales, capping a five-year antitrust case brought by Epic Games that aimed to change the power that Apple wields over a large slice of the digital economy. The judge, Yvonne Gonzalez [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/judge-rebukes-apple-and-orders-it-to-loosen-grip-on-app-store/">Judge Rebukes Apple and Orders It to Loosen Grip on App Store</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p></p>
<p class="css-at9mc1 evys1bk0">A federal judge ruled on Wednesday that Apple must loosen its grip on its App Store and stop collecting a commission on some app sales, capping a five-year antitrust case brought by Epic Games that aimed to change the power that Apple wields over a large slice of the digital economy.</p>
<p class="css-at9mc1 evys1bk0">The judge, Yvonne Gonzalez Rogers of U.S. District Court for the Northern District of California, rebuked Apple for thwarting a previous ruling in the lawsuit and said the company needed to be stopped from further disobeying the court. She criticized Tim Cook, Apple’s chief executive, and accused other executives at the company of lying.</p>
<p class="css-at9mc1 evys1bk0">In her earlier ruling, Judge Gonzales Rogers ordered Apple to allow apps to provide users with external links to pay developers directly for services. The apps could then avoid the 30 percent commission that Apple charges in its App Store and potentially charge less for services.</p>
<p class="css-at9mc1 evys1bk0">Instead, Judge Gonzalez Rogers said on Wednesday, Apple created a new system that forced apps with external sales to pay a 27 percent commission to the company. Apple also created pop-up screens that discouraged customers from paying elsewhere, telling them that payments outside the App Store may not be secure.</p>
<p class="css-at9mc1 evys1bk0">“Apple sought to maintain a revenue stream worth billions in direct defiance of this court’s injunction,” Judge Gonzalez Rogers wrote.</p>
<p class="css-at9mc1 evys1bk0">In response, she said Apple could no longer take commissions from sales outside the App Store. She also restricted the company from writing rules that would prevent developers from creating buttons or links to pay outside the store and said it could not create messages to discourage users from making purchases. In addition, Judge Gonzalez Rogers asked the U.S. attorney for the Northern District of California to investigate the company for criminal contempt.</p>
<p class="css-at9mc1 evys1bk0">The ruling — a major victory for Epic and a stinging defeat for Apple — has the potential to change the app economy by increasing the money that developers collect while reducing the fees that flow to Apple. That strikes at one of Apple’s major businesses, with its App Store long the most prominent destination for people to download mobile games, productivity tools and other programs.</p>
<p class="css-at9mc1 evys1bk0">“There’s going to be a lot of latitude for developers to get better deals and for consumers to get better deals,” said Tim Sweeney, Epic’s chief executive. “This is a wonderful, wonderful day for everybody.”</p>
<p class="css-at9mc1 evys1bk0">An Apple spokeswoman, Olivia Dalton, said in a statement: “We strongly disagree with the decision. We will comply with the court’s order, and we will appeal.”</p>
<p class="css-at9mc1 evys1bk0">Apple’s shares sank 1.5 percent in after-hours trading.</p>
<p class="css-at9mc1 evys1bk0">Epic, the maker of the game Fortnite, brought the antitrust lawsuit against Apple in 2020. In the suit, Epic accused Apple of forcing app makers to use its payment system in exchange for access to the App Store, which is the only way to distribute apps on iPhones. The rules allowed Apple to collect as much as a 30 percent commission on many transactions.</p>
<p class="css-at9mc1 evys1bk0">The App Store makes up a large portion of the nearly $100 billion in annual services revenue that Apple collects.</p>
<p class="css-at9mc1 evys1bk0">In a ruling two years later, Judge Gonzalez Rogers stopped short of declaring that Apple had a monopoly in the market of mobile games, as Epic had argued. That meant Apple avoided the worst possible outcome of the case. But she found that the company had violated California laws against unfair competition by preventing developers from offering users alternative ways to pay for apps.</p>
<p class="css-at9mc1 evys1bk0">Last year, Epic complained to the court that Apple wasn’t complying with the ruling because it had created a new set of fees and rules for developers. The judge ordered Apple to provide the documents explaining how it had come up with its new system.</p>
<p class="css-at9mc1 evys1bk0">Apple’s documents showed that it tried to discourage alternative payments and keep as much of its traditional 30 percent commission as possible. At a July 2023 meeting, Phil Schiller, who oversees the App Store, advocated that Apple take no commission, but Luca Maestri, Apple’s finance chief at the time, championed a fee of 27 percent. Mr. Cook sided with Mr. Maestri, according to the documents.</p>
<p class="css-at9mc1 evys1bk0">Mr. Cook also asked that when people clicked on links to pay for apps outside the App Store they be shown a “scare” screen saying “that Apple’s privacy and security standards do not apply to purchases made on the web.”</p>
<p class="css-at9mc1 evys1bk0">“Apple knew exactly what it was doing and at every turn chose the most anticompetitive option,” Judge Gonzalez Rogers said.</p>
<p class="css-at9mc1 evys1bk0">She said Apple executives had “outright lied under oath” and added, “Cook chose poorly.”</p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/judge-rebukes-apple-and-orders-it-to-loosen-grip-on-app-store/">Judge Rebukes Apple and Orders It to Loosen Grip on App Store</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
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		<title>Will a Federal Judge Break Up Google?</title>
		<link>https://www.ourstoryinsight.com/will-a-federal-judge-break-up-google/</link>
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		<pubDate>Mon, 21 Apr 2025 08:55:32 +0000</pubDate>
				<category><![CDATA[Technology]]></category>
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		<category><![CDATA[federal]]></category>
		<category><![CDATA[Google]]></category>
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		<guid isPermaLink="false">https://www.ourstoryinsight.com/?p=6563</guid>

					<description><![CDATA[<p>Last summer, a federal judge, Amit P. Mehta, delivered a landmark ruling that found Google had illegally dominated online search. “Google is a monopolist, and it has acted as one to maintain its monopoly,” he wrote. Now, Judge Mehta has to figure out how to fix Google’s monopoly. His decision will be informed by a [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/will-a-federal-judge-break-up-google/">Will a Federal Judge Break Up Google?</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p></p>
<p class="css-at9mc1 evys1bk0">Last summer, a federal judge, Amit P. Mehta, delivered a landmark ruling that found Google had illegally dominated online search.</p>
<p class="css-at9mc1 evys1bk0">“Google is a monopolist, and it has acted as one to maintain its monopoly,” he wrote.</p>
<p class="css-at9mc1 evys1bk0">Now, Judge Mehta has to figure out how to fix Google’s monopoly. His decision will be informed by a three-week hearing, which starts Monday in U.S. District Court in Washington, where the government and Google will argue over how to restore competition in online search.</p>
<p class="css-at9mc1 evys1bk0">The Justice Department wants Judge Mehta to break up Google by forcing the company to sell its Chrome browser, which could cut off a source of information it uses to improve its internet search. The department also wants to make the Silicon Valley giant hand over some of its most precious data to rivals, which could help their competing products.</p>
<p class="css-at9mc1 evys1bk0">In contrast, Google has asked the judge to only slightly restrict its ability to make deals to give its search engine prime placement on browsers and in smartphones.</p>
<p class="css-at9mc1 evys1bk0">The outcome could reshape the $1.86 trillion company, which has become synonymous with how people look for information online. Google faces mounting challenges, including the prospect of a breakup in a second antitrust case after a different federal judge ruled on Thursday that it had illegally maintained a monopoly in some ad technology. That puts Google in perhaps its most vulnerable position since Larry Page and Sergey Brin created the business in 1998.</p>
<p class="css-at9mc1 evys1bk0">Its fate could shake up Silicon Valley as the biggest companies fight to own a new technology era defined by artificial intelligence. Any restrictions on Google could hamper its ability to compete with OpenAI, Microsoft, Meta and others as search is increasingly powered by A.I. tools that can summarize research and offer humanlike guidance.</p>
<p class="css-at9mc1 evys1bk0">“The D.O.J.’s been very aggressive in what they’ve asked for,” said Rebecca Haw Allensworth, a law professor at Vanderbilt University who studies antitrust. “They’ve essentially asked for the moon.”</p>
<p class="css-at9mc1 evys1bk0">A breakup of Google would be the most significant action taken by a court against a monopoly since a federal judge tried and failed to split Microsoft in half 25 years ago. It has been even longer since the federal government successfully divided up a company over its dominance. The last time was New Year’s Day 1984, when AT&#038;T cleaved itself into eight companies as part of an antitrust settlement reached with the Justice Department two years earlier.</p>
<p class="css-at9mc1 evys1bk0">Judge Mehta’s decision could influence other tech antitrust cases. Since 2020, the Justice Department has twice accused Google of violating antitrust laws and sued Apple for making it difficult for users to ditch their iPhones. Meta is in the second week of an antitrust trial over whether it illegally stifled competition, while Amazon is grappling with a lawsuit that accuses it of squeezing the small merchants that use its site.</p>
<p class="css-at9mc1 evys1bk0">“At trial we will show how D.O.J.’s unprecedented proposals go miles beyond the court’s decision, and would hurt America’s consumers, economy and technological leadership,” said Lee-Anne Mulholland, Google’s vice president for regulatory affairs.</p>
<p class="css-at9mc1 evys1bk0">A spokeswoman for the Justice Department declined to comment.</p>
<p class="css-at9mc1 evys1bk0">The Justice Department and a group of states filed the lawsuit over Google’s search business in 2020, during President Trump’s first term. The case went to trial in 2023 under the Biden administration, which demanded that Google be broken up. Mr. Trump’s administration has maintained that aggressive stance and continued to scrutinize the tech giants.</p>
<p class="css-at9mc1 evys1bk0">The case, U.S. v. Google, concerns payments that Google made to companies like Apple, Mozilla and Samsung to be the search engine that appeared automatically in web browsers and on the home screens of smartphones. Google paid those companies $26.3 billion in 2021, the court heard during the trial.</p>
<p class="css-at9mc1 evys1bk0">Government lawyers argued at the trial that the deals created a powerful cycle to benefit Google. The prime placement of the company’s search engine meant more people used it to find information, generating data that Google could then use to make its search engine better and further entrenching its dominance, they said.</p>
<p class="css-at9mc1 evys1bk0">Judge Mehta largely agreed with the government and ruled in August that Google had violated the law. He is expected to order the remedies in the case by the end of the summer.</p>
<p class="css-at9mc1 evys1bk0">Last year, the Justice Department asked Judge Mehta to stop Google from making the multibillion-dollar deals to be the default search engine.</p>
<p class="css-at9mc1 evys1bk0">The government’s proposal also went further. It argued that forcing Google to sell Chrome could deny the company a valuable source of traffic to its search engine. Any time a Chrome user enters a query directly into the browser’s search bar, it goes to Google. If the company spun off the browser, that prime placement would not be guaranteed.</p>
<p class="css-at9mc1 evys1bk0">The Justice Department also said it might want to force Google to spin off Android, the smartphone operating system, if the court’s actions failed to improve competition among search engines.</p>
<p class="css-at9mc1 evys1bk0">In addition, the government asked the judge to take steps that would give Google’s competitors a more direct boost. Under the proposal, search engines like DuckDuckGo and Microsoft’s Bing could take Google’s search results and ads and display them directly to their own users. Google would also have to hand over data about what terms people search for and what websites they click, which rivals could use to improve their own systems.</p>
<p class="css-at9mc1 evys1bk0">Google has argued that not much needs to change. It told Judge Mehta that it should still be allowed to pay Apple and others for its search engine to get top placement. But it also said browser makers should have the option to call off their deals with Google once a year. Those companies should be able to select different automatic search engines for different features, like a private browsing mode. Under Google’s proposal, smartphone manufacturers would have more freedom to decide what Google apps to install on their phones.</p>
<p class="css-at9mc1 evys1bk0">The hearing is expected to feature testimony from Google’s chief executive, Sundar Pichai, as well as executives from Google’s partners, like Apple and Mozilla.</p>
<p class="css-at9mc1 evys1bk0">Rivals are watching. Kamyl Bazbaz, the senior vice president of public affairs for DuckDuckGo, said it was taking a wait-and-see approach, since Google has promised to appeal Judge Mehta’s ruling.</p>
<p class="css-at9mc1 evys1bk0">“There isn’t a single thing to do right now to actually prepare, besides getting ready to watch the case really closely,” Mr. Bazbaz said. What is decided, he added, could change “nothing less than how everybody uses the internet.”</p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/will-a-federal-judge-break-up-google/">Will a Federal Judge Break Up Google?</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
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		<title>Google Is Illegally Monopolizing Online Advertising Tech, Judge Rules</title>
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		<pubDate>Fri, 18 Apr 2025 02:44:19 +0000</pubDate>
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		<guid isPermaLink="false">https://www.ourstoryinsight.com/?p=6500</guid>

					<description><![CDATA[<p>Google acted illegally to maintain a monopoly in some online advertising technology, a federal judge ruled on Thursday, adding to legal troubles that could reshape the $1.86 trillion company and alter its power over the internet. Judge Leonie Brinkema of the U.S. District Court for the Eastern District of Virginia said in a 115-page ruling [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/google-is-illegally-monopolizing-online-advertising-tech-judge-rules/">Google Is Illegally Monopolizing Online Advertising Tech, Judge Rules</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p></p>
<p class="css-at9mc1 evys1bk0">Google acted illegally to maintain a monopoly in some online advertising technology, a federal judge ruled on Thursday, adding to legal troubles that could reshape the $1.86 trillion company and alter its power over the internet.</p>
<p class="css-at9mc1 evys1bk0">Judge Leonie Brinkema of the U.S. District Court for the Eastern District of Virginia said in a 115-page ruling that Google had broken the law to build its dominance over the largely invisible system of technology that places advertisements on pages across the web. The Justice Department and a group of states had sued Google, arguing that its monopoly in ad technology allowed the company to charge higher prices and take a bigger portion of each sale.</p>
<p class="css-at9mc1 evys1bk0">“In addition to depriving rivals of the ability to compete, this exclusionary conduct substantially harmed Google’s publisher customers, the competitive process, and, ultimately, consumers of information on the open web,” Judge Brinkema said.</p>
<p class="css-at9mc1 evys1bk0">The government argued in its case that Google had a monopoly over three parts of the online advertising market: the tools used by online publishers, like news sites, to host open ad space; the tools advertisers use to buy that ad space; and the software that facilitates those transactions.</p>
<p class="css-at9mc1 evys1bk0">Judge Brinkema ruled in the government’s favor in two of those, finding that Google illegally built a monopoly over the publisher tools and the software system. She dismissed the third, the tools used by advertisers, saying the government had failed to prove that it constituted a real and defined market.</p>
<p class="css-at9mc1 evys1bk0">Google has increasingly faced a reckoning over the dominant role its products play in how people get information and conduct business online. Another federal judge ruled in August that the company had a monopoly in online search. He is now considering a request by the Justice Department to break up the company, with a three-week hearing on the matter scheduled to begin on Monday.</p>
<p class="css-at9mc1 evys1bk0">Judge Brinkema, too, will have an opportunity to force changes to Google’s business. On Thursday, she gave both sides seven days to propose a schedule for the next phase of the case.</p>
<p class="css-at9mc1 evys1bk0">In its lawsuit, the Justice Department pre-emptively asked the court to force Google to sell some pieces of the ad technology business it had acquired over the years. The government will now assess the ruling to determine what to ask the court to do to remedy the monopoly.</p>
<p class="css-at9mc1 evys1bk0">Together, the two rulings and their remedies could check Google’s influence and result in a major restructuring of the company.</p>
<p class="css-at9mc1 evys1bk0">“We won half of this case and we will appeal the other half,” said Lee-Anne Mulholland, Google’s vice president of regulatory affairs. “Publishers have many options and they choose Google because our ad tech tools are simple, affordable and effective.”</p>
<p class="css-at9mc1 evys1bk0">U.S. Attorney General Pam Bondi called the ruling a “landmark victory in the ongoing fight to stop Google from monopolizing the digital public square.”</p>
<p class="css-at9mc1 evys1bk0">“This Department of Justice will continue taking bold legal action to protect the American people from encroachments on free speech and free markets by tech companies,” she said.</p>
<p class="css-at9mc1 evys1bk0">The cases against Google are part of a growing push by regulators to rein in the power of the biggest tech companies, which shape commerce, information and communication online. The Justice Department has sued Apple, arguing that the company made it difficult for consumers to leave its tightly knit universe of devices and software. The Federal Trade Commission has sued Amazon, accusing it of squeezing small businesses, and Meta, for killing rivals when it bought Instagram and WhatsApp. The trial against Meta started this week.</p>
<p class="css-at9mc1 evys1bk0">President Trump has signaled that his administration will continue taking a tough stance on antitrust for the tech industry, despite efforts by tech executives to court his favor. His choices for the F.T.C. chair and the Justice Department’s top antitrust role have said they intend to look closely at the power that tech companies have over online discourse. The Google search case was brought under his first administration.</p>
<p class="css-at9mc1 evys1bk0">The ad tech case — U.S. et al. v. Google — was filed in 2023 and concerns an intricate web of programs that sell ad space around the web, like on a news site or a recipes page. The suite of software, which includes Google Ad Manager, conducts split-second auctions to place ads each time a user loads a page. That business generated $31 billion in 2023, or about a 10th of the overall revenue for Google’s parent company, Alphabet.</p>
<p class="css-at9mc1 evys1bk0">Part of that business stems from the acquisition of DoubleClick, an advertising software company, for $3.1 billion in 2008. Google now has an 87 percent market share in ad-selling technology, according to the government.</p>
<p class="css-at9mc1 evys1bk0">The government argued during a three-week trial in September that Google had a monopoly over multiple pieces of technology that are used to conduct these transactions. The company locked publishers into using its software, and was able to take more money off the top of each transaction because of its dominance, the government said.</p>
<p class="css-at9mc1 evys1bk0">That hurt websites that produce content and make it available online for no charge, the government said.</p>
<p class="css-at9mc1 evys1bk0">For years, groups representing news organizations, including The New York Times, have argued that the dominance of major tech platforms undermines the media industry. During the trial, the government called witnesses who had worked for publishers including Gannett and News Corp and for ad agencies that buy space online.</p>
<p class="css-at9mc1 evys1bk0">“These are the markets that make the free and open internet possible,” said Aaron Teitelbaum, a Justice Department lawyer, during closing arguments in November.</p>
<p class="css-at9mc1 evys1bk0">Google countered that it faced competition not just from other ad tech companies but from social networks like TikTok and streaming platforms. In response to the government’s arguments that it had built its ad tech products to work better together, Google’s lawyers argued that its case was bolstered by a 2004 Supreme Court decision that protects a company’s right to choose with whom it does and does not work.</p>
<p class="css-at9mc1 evys1bk0">“Google’s conduct is a story of innovation in response to competition,” Karen Dunn, Google’s lead lawyer, said in her closing argument.</p>
<p class="css-at9mc1 evys1bk0">Judge Brinkema disagreed. She said that Google had broken the law by effectively forcing publishers that used the company’s tools to manage ad space to also use their products to facilitate transactions with advertisers.</p>
<p class="css-at9mc1 evys1bk0">The company had changed its policies and practices in ways that “decreased product quality and harmed competition by further entrenching Google as the dominant company in open-web display advertising,” she said in her ruling.</p>
<p class="css-at9mc1 evys1bk0">But the government failed to prove its case on how Google’s acquisitions of ad technology companies was anticompetitive, Judge Brinkema said in her ruling.</p>
<p class="css-at9mc1 evys1bk0">Among the suits filed against big tech companies, antitrust experts have viewed the Google ad technology suit as one of the strongest for the government. It is generally legal for a business to grow because it is the best at innovating. But, the government argued, Google entrenched its monopolies and tied them together — a classic antitrust violation.</p>
<p class="css-at9mc1 evys1bk0">“The court is applying very traditional antitrust principles,” said Herbert Hovenkamp, a professor at Carey Law School of the University of Pennsylvania. “I’m not surprised the government won.”</p>
<p class="css-798hid etfikam0">Steve Lohr contributed reporting.</p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/google-is-illegally-monopolizing-online-advertising-tech-judge-rules/">Google Is Illegally Monopolizing Online Advertising Tech, Judge Rules</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
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		<title>Man Employs A.I. Avatar in Legal Appeal, and Judge Isn’t Amused</title>
		<link>https://www.ourstoryinsight.com/man-employs-a-i-avatar-in-legal-appeal-and-judge-isnt-amused/</link>
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		<pubDate>Mon, 07 Apr 2025 05:41:26 +0000</pubDate>
				<category><![CDATA[Technology]]></category>
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		<category><![CDATA[Appeal]]></category>
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					<description><![CDATA[<p>Jerome Dewald sat with his legs crossed and his hands folded in his lap in front of an appellate panel of New York State judges, ready to argue for a reversal of a lower court’s decision in his dispute with a former employer. The court had allowed Mr. Dewald, who is not a lawyer and [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/man-employs-a-i-avatar-in-legal-appeal-and-judge-isnt-amused/">Man Employs A.I. Avatar in Legal Appeal, and Judge Isn’t Amused</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
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<p class="css-at9mc1 evys1bk0">Jerome Dewald sat with his legs crossed and his hands folded in his lap in front of an appellate panel of New York State judges, ready to argue for a reversal of a lower court’s decision in his dispute with a former employer.</p>
<p class="css-at9mc1 evys1bk0">The court had allowed Mr. Dewald, who is not a lawyer and was representing himself, to accompany his argument with a prerecorded video presentation.</p>
<p class="css-at9mc1 evys1bk0">As the video began to play, it showed a man seemingly younger than Mr. Dewald’s 74 years wearing a blue, collared shirt and a beige sweater and standing in front of what appeared to be a blurred virtual background.</p>
<p class="css-at9mc1 evys1bk0">A few seconds into the video, one of the judges, confused by the image on the screen, asked Mr. Dewald if the man was his lawyer.</p>
<p class="css-at9mc1 evys1bk0">“I generated that,” Mr. Dewald responded. “That is not a real person.”</p>
<p class="css-at9mc1 evys1bk0">The judge, Justice Sallie Manzanet-Daniels of the Appellate Division’s First Judicial Department, paused for a moment. It was clear she was displeased with his answer.</p>
<p class="css-at9mc1 evys1bk0">“It would have been nice to know that when you made your application,” she snapped at him.</p>
<p class="css-at9mc1 evys1bk0">“I don’t appreciate being misled,” she added before yelling for someone to turn off the video.</p>
<p class="css-at9mc1 evys1bk0">What Mr. Dewald failed to disclose was that he had created the digital avatar using artificial intelligence software, the latest example of A.I. creeping into the U.S. legal system in potentially troubling ways.</p>
<p class="css-at9mc1 evys1bk0">The hearing at which Mr. Dewald made his presentation, on March 26, was filmed by court system cameras and reported earlier by The Associated Press.</p>
<p class="css-at9mc1 evys1bk0">Reached on Friday, Mr. Dewald, the plaintiff in the case, said he had been overwhelmed by embarrassment at the hearing. He said he had sent the judges a letter of apology shortly afterward, expressing his deep regret and acknowledging that his actions had “inadvertently misled” the court.</p>
<p class="css-at9mc1 evys1bk0">He said he had resorted to using the software after stumbling over his words in previous legal proceedings. Using A.I. for the presentation, he thought, might ease the pressure he felt in the courtroom.</p>
<p class="css-at9mc1 evys1bk0">He said he had planned to make a digital version of himself but had encountered “technical difficulties” in doing so, which prompted him to create a fake person for the recording instead.</p>
<p class="css-at9mc1 evys1bk0">“My intent was never to deceive but rather to present my arguments in the most efficient manner possible,” he said in his letter to the judges. “However, I recognize that proper disclosure and transparency must always take precedence.”</p>
<p class="css-at9mc1 evys1bk0">A self-described entrepreneur, Mr. Dewald was appealing an earlier ruling in a contract dispute with a former employer. He eventually presented an oral argument at the appellate hearing, stammering and taking frequent pauses to regroup and read prepared remarks from his cellphone.</p>
<p class="css-at9mc1 evys1bk0">As embarrassed as he might be, Mr. Dewald could take some comfort in the fact that actual lawyers have gotten into trouble for using A.I. in court.</p>
<p class="css-at9mc1 evys1bk0">In 2023, a New York lawyer faced severe repercussions after he used ChatGPT to create a legal brief riddled with fake judicial opinions and legal citations. The case showcased the flaws in relying on artificial intelligence and reverberated throughout the legal trade.</p>
<p class="css-at9mc1 evys1bk0">The same year, Michael Cohen, a former lawyer and fixer for President Trump, provided his lawyer with phony legal citations he had gotten from Google Bard, an artificial intelligence program. Mr. Cohen ultimately pleaded for mercy from the federal judge presiding over his case, emphasizing that he had not known the generative text service could provide false information.</p>
<p class="css-at9mc1 evys1bk0">Some experts say that artificial intelligence and large language models can be helpful to people who have legal matters to deal with but cannot afford lawyers. Still, the technology’s risks remain.</p>
<p class="css-at9mc1 evys1bk0">“They can still hallucinate — produce very compelling looking information” that is actually “either fake or nonsensical,” said Daniel Shin, the assistant director of research at the Center for Legal and Court Technology at the William &#038; Mary Law School. “That risk has to be addressed.”</p>
<p>The post <a rel="nofollow" href="https://www.ourstoryinsight.com/man-employs-a-i-avatar-in-legal-appeal-and-judge-isnt-amused/">Man Employs A.I. Avatar in Legal Appeal, and Judge Isn’t Amused</a> appeared first on <a rel="nofollow" href="https://www.ourstoryinsight.com">Our Story Insight</a>.</p>
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