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How to Use BigQuery Efficiently: Your Guide to Cost Optimization and Efficient Data Management

DOE v. GITHUB Court Filing, retrieved on January 26, 2023 is part of . You can jump to any part in this filing . This part is 16 of 21. HackerNoon’s Legal PDF Series here MEMORANDUM OF POINTS AND AUTHORITIES IV. ARGUMENT C. Plaintiffs’ Claims Fail for Reasons Specific to Each Claim. 6. Plaintiffs Fail to State an Unfair Competition Claim. Plaintiffs assert an unfair competition claim under (1) the Lanham Act, (2) California’s UCL statute, and (3) common law, all of which are predicated on the OpenAI Entities’ alleged violations of the DMCA, tortious interference with contract relations, false designation of origin, and violations of the CCPA and California’s constitutional right to privacy. (Compl. ¶ 212.) Under any theory, plaintiffs have failed to state a claim. Plaintiffs’ UCL claim, brought only under the “unlawful” prong, fails because there is no predicate violation. When the underlying legal claim that supports a UCL cause of action fails, “so too will the [] derivative UCL claim.” Yellowcake, Inc. v. Hyphy Music, Inc., No. 1:20-CV0988 AWI BAM, 2021 WL 3052535, at *13 (E.D. Cal. July 20, 2021); see also Eidmann v. Walgreen Co., 522 F. Supp. 3d 634, 647 (N.D. Cal. 2021) (If the “plaintiff cannot state a claim under the predicate law … [the UCL] claim also fails.”) (cleaned up). For reasons discussed in this motion, plaintiffs have not adequately alleged any underlying legal claim. Plaintiffs’ UCL claim separately fails because plaintiffs have not established that they lack an adequate legal remedy. “Remedies under the UCL are limited to restitution and injunctive relief, and do not include damages.” Silvercrest Realty, Inc. v. Great Am. E&S Ins. Co., No. SACV 11-01197-CJC (ANx), 2012 WL 13028094, at *2 (C.D. Cal. Apr. 4, 2012). To state a viable claim for “equitable restitution for past harm under the UCL,” a plaintiff “must establish that she lacks an adequate remedy at law.” Sonner v. Premier Nutrition Corp., 971 F.3d 834, 844 (9th Cir. 2020) (affirming dismissal where plaintiff failed to allege an inadequate legal remedy). Here, Plaintiffs have not shown that no adequate legal remedy exists. Plaintiffs also cannot identify any common law or Lanham Act basis for an unfair competition claim separate from their false designation of origin claim. In California, “[t]he common law tort of unfair competition is generally thought to be synonymous with the act of ‘passing off’ one’s goods as those of another.” Sybersound Recs., Inc. v. UAV Corp., 517 F.3d 1137, 1153 (9th Cir. 2008) (explaining the tort provided “an equitable remedy against the wrongful exploitation of trade names and common law trademarks that were not otherwise entitled to legal protection” and expansion of unfair competition law is primarily based in statute) (cleaned up). The Ninth Circuit “has consistently held that state common law claims of unfair competition and actions pursuant to [the UCL] are ‘substantially congruent’ to claims made under the Lanham Act.” Sebastian Brown Prods. LLC v. Muzooka Inc., No. 15-CV-01720-LHK, 2016 WL 949004, at *15 (N.D. Cal. Mar. 14, 2016) (cleaned up). Plaintiffs’ common law unfair competition claim therefore also fails because it is premised on the same conduct underlying their deficient false designation of origin claim. (See § IV.C.4, supra.) Continue Reading . here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case 4:22-cv-06823-JST retrieved on September 8, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. DocumentCloud.org

The OpenAI Lawsuit: Dissecting and Refuting All of the Plaintiffs' Claims 

Architectural Designs

THE WHITE-FACED DECTICUS: THE INSTRUMENT OF SOUND

Cyber-crime is a complex landscape, but when it comes to actually launching cyber-attacks, there are three main techniques that criminals have relied on for decades to help them get around organizations’ defenses and into their networks:  phishing, credentials theft and business email compromise.  According to Verizon’s Data Breach Investigation Report, these ‘big three’ are the cause . over two-thirds (67%) of all successful data breaches globally Check Point Research recently joined forces with to analyze and take a deep dive into a large scale phishing campaign that targeted thousands of global organizations, revealing the campaign’s overall infection chain, infrastructure and how the emails were distributed. Otorio In August, attackers initiated a phishing campaign with emails that masqueraded as Xerox scan notifications, prompting users to open a malicious HTML attachment. While this infection chain may sound simple, it successfully bypassed Microsoft Office 365 Advanced Threat Protection (ATP) filtering and stole over a thousand corporate employees’ credentials. Interestingly, due to a simple mistake in their attack chain, the attackers behind the phishing campaign exposed the credentials they had stolen to the public Internet, across dozens of drop-zone servers used by the attackers. With a simple Google search, anyone could have found the password to one of the compromised, stolen email addresses:  a gift to every opportunistic attacker. Infection Chain The initial attack started with one of several phishing email templates. The attacker would send an email imitating a Xerox (or Xeros) scan notification with the target’s first name or company title in the subject line. Once the victim double-clicked the attached HTML file, the default system browser displayed a blurred image with a preconfigured email within the document (see figure 1 above). Throughout the campaign several other phishing page variants were used, but the blurred background image remained the same. After the HTML file was launched, a JavaScript code would then run in the background of the document. The code was responsible for simple password checks, sending the data to the attackers’ drop-zone server, and redirecting the user to a legitimate Office 365 login page. Throughout the campaign, the code was continuously polished and refined, with the attackers creating a more realistic experience so the victims were less likely to have their suspicions aroused, and more likely to provide their login credentials. By using simple techniques, the attackers were also successful in evading detection by most Anti-Virus vendors, as can be seen from the following detection rates from the latest iteration of the campaign: Infrastructure This campaign utilized both unique infrastructure, and compromised WordPress websites that were used as drop-zone servers by the attackers. While using a specialized infrastructure, the server would run for roughly two months with dozens of XYZ domains. These registered domains were used in the Phishing attacks. We discovered dozens of compromised WordPress servers that hosted the malicious PHP page (named “go.php”, “post.php”, “gate.php”, “rent.php” or “rest.php”) and processed all incoming credentials from victims of the phishing attacks. Attackers usually prefer to use compromised servers instead of their own infrastructure because of the existing websites’ well-known reputations. The more widely recognized a reputation is, the chances are higher that the email will not be blocked by security vendors. Email Distribution Analyzing the different email headers used in this campaign allowed us to draw several conclusions regarding the Tactics Techniques & Procedures (TTPs) used by the attackers: The emails are sent from a Linux server hosted on Microsoft’s Azure The emails are often sent by using PHP Mailer 6.1.5 (latest version from Mar 19 to May 27) The emails are delivered using 1&1 email servers Attackers used compromised email accounts to distribute spam through high-reputation phishing campaigns because the emails are harder to block. In one specific campaign, we found a phishing page impersonating IONOS by 1&1, a German web hosting company. It is highly likely that the compromised IONOS account credentials were used by the attackers to send the rest of the Office 365 themed spam. Targeted Organizations We found that once the users’ information was sent to the drop-zone servers, the data was saved in a publicly visible file that was indexable by Google. This allowed anyone access to the stolen email address credentials with a simple Google search. The public availability of this data allowed us to create a breakdown of the victims according to their industry (based on a subset of ~500 stolen credentials). Although there was a wide distribution of targeted industries, there appears to be a special interest in Energy and Construction companies. Previous Campaigns We found several correlations to previous phishing activity by comparing the campaign’s TTPs. Due to the similarities, these activities were likely executed by the same attacker or group of attackers. We discovered a phishing email from May 2020 that perfectly matched the TTP’s described above. It also used the same JavaScript encoding that was used by this campaign in August. In this older scenario, the script redirected the user to another variant of an Office 365 phishing page that was not entirely encoded within the initial HTML file. Google search engine algorithm naturally indexes the internet, and that is what makes it the most popular search engine ever invented. Thanks to its powerful algorithm, it also capable of indexing the hackers pages where they temporarily store the stolen credentials. We informed Google for them indexing the hackers’ failures and victims now can use Google search capabilities to look for their stolen credentials and change their passwords accordingly. The suspended the associated .xyz domains immediately upon receiving this information from Check Point and confirming the abuse. XYZ Registry’s Anti-Abuse Team Conclusion Our analysis of this campaign highlights the efforts that attackers will make to conceal their malicious intentions, bypass security filtering and trick users. To protect yourself against this type of attack, be suspicious of any email or communication from a familiar brand or organization that asks you to click on a link or open an attached document. Here are some practical tips to help keep your data safe: Beware of lookalike domains, spelling errors in emails or websites, and unfamiliar email senders. Be cautious with files received via email from unknown senders, especially if they prompt for a certain action you would not usually do. Ensure you are ordering goods from an authentic source. One way to do this is to NOT click on promotional links in emails, and instead, Google your desired retailer and click the link from the Google results page. Beware of “special” offers that don’t appear to be reliable or trustworthy purchase opportunities. Make sure you do not reuse passwords between different applications and accounts. Organizations should prevent zero-day attacks with an end-to-end cyber architecture, to block deceptive phishing sites and provide alerts on password reuse in real time. Check Point Infinity is effective because it combines two key ingredients: full convergence across all attack surfaces and all attack vectors, and advanced prevention that can tackle the most sophisticated zero-day phishing and account takeover attacks. Indicators of Compromise C&C domains registered by the attacker aauths[.]xyz asklogzswq[.]xyz bdqopt[.]xyz drakovexlogz[.]xyz hrekre[.]xyz ionlineforyou[.]xyz itsthebestasajob[.]xyz khetwexw[.]xyz livestrde28[.]xyz loggsofice[.]xyz manonwork[.]xyz officeautonow[.]xyz officednslogsonline[.]xyz quantityscape[.]xyz redirectitto[.]xyz rhbreeef[.]xyz sendlivofse[.]xyz shlivemicrosft[.]xyz synchoilas[.]xyz urentr[.]xyz vintageredwe[.]xyz wegoforyou[.]xyz weworkhard[.]xyz workingoni[.]xyz zixzanwe[.]xyz mtietw[.]xyz justgoturwork[.]xyz froffisse[.]xyz Recent C&C pages on compromised servers http://corp.uber24[.]ru/php/go.php https://aparthotelgeres[.]pt/wp-content/plugins/1/post.php https://expendiatus[.]xyz/post.php https://ifultech[.]com/1/post.php https://www.aascarrierinc[.]com/wp-includes/SimplePie/Decode/HTML/rest.php https://silverstream-london[.]com/1/post.php https://actorsstudio.com[.]np/wp-admin/includes/1/post.php http://365itsos.com[.]au/wp-admin/includes/rent.php https://www.skyblue-network[.]com/wp-includes/images/go.php https://www.kayakingfloridakeys[.]com/wp-admin/rent.php https://easimedic[.]com/1/post.php https://www.aascarrierinc[.]com/wp-includes/SimplePie/Decode/HTML/rest.php HTML Phishing pages SHA-1: e76eb571068c195444d0e23cbdc35fba19a95e0c 9fc656e03703994d5f144457d020db5b06469abc 79d4464c7325feb38a02726b049d6cce3d747627 44c05f4b2bb0787a9c2fcf7c36e1dab457fbe370 c1ec15c712c29dcac08660fddb0da71e94b3d04a 4933bd2fa4c9a3ea30ac479a738ebcdfb488044f d098f6473f2f6bfd8e3f2f14dd56adc969e76725 a8e817fa63fe2c5bf0273f63f2267b61ce89de72 37713a64ffd1b126f8a4809e94faf9cd72538974 53c4ccab781d93eb04ff5bcfc01321c11958816c 4f309c3a8d754a3fcdfed611e4f101e6b690ddd5 cccf673f3c9c02f5f9a21346cdc91f78d94c92b3 2ac423a86d94d82cc0ecc3c508aa7a90c27a4b9c

How a Team of Hackers left Stolen Phishing Credentials up for Grabs

Hi there, Welcome to the first edition of the AgeTech News Roundup, a monthly recap of the latest happenings in the world of technology for older adults. Below you’ll find summaries of the latest AgeTech financings, product announcements, and events. My name is Max Zamkow and I’m a coordinator for and a partner at , a venture firm that invests specifically in startups working to make life better for older adults and their caregivers. Aging2.0 New York Third Act Ventures Additionally, if you have a product announcement, funding update, or comment for future editions, please reach out. Enjoy! CarePredict, a startup that’s made inroads into senior facilities with its smart wearables tied to actionable insights, has almost doubled its total funding with this latest inside round. Its flagship product, Tempo, uses a variety of sensors and algorithms to detect what the company calls “activities of daily living” — everything from eating and drinking to bathing and using the toilet. After learning the user’s habits, the system is able to detect abnormal behavior and alert the appropriate caregiver in real time. CarePredict raises $9.5mm Series A & Launches CarePredict at Home Originally only for those in Senior Living facilities, at CES CarePredict launched a direct-to-consumer product. According to the release, the company is promising to “empower family members with constant visibility and unparalleled insights […] allowing them to make the right decisions well in advance”. Promising this Orwellian fantasy has been the downfall of companies past — after all, who likes being monitored constantly. We’ll see if CarePredict can succeed where others have failed. SameDay Security, the maker of , a minor player in the PERS market, raised $32mm on the promise of Addison, a virtual caregiver they debuted at CES. According to the press release, she’s a “state of the art, 3D animated caregiver” who can carry on two-way conversations, ensure medication adherence, and provide real-time assessments to a care team. Intended as an aid for Home Care agencies, the company hopes to reach the millions unable, or unwilling, to spend the thousands required for 24/7 care. SameDay Security raises $32mm to create a “Virtual” caregiver Electronic Caregiver Speaking of non-human caregiving, after 4 years and $22mm in funding, Intuition Robotics’ ElliQ is finally available to , expecting to ship this summer for the not-so-low price of $1500. The company also announced at CES the launch of “Platform Q”, described as “a cognitive AI platform that brings third-party devices to life”. Essentially this means that Intuition Robotics is throwing its hat into the ring to compete with Siri, Alexa, Cortana, and Google for voice assistant dominance. Speaking about its partnership with Toyota, an investor in Intuition Robotics, the company says that it’s creating an experience in which the car engages driver and passengers in a proactive, personalized and delightful way as a key to accelerate consumer acceptance of autonomy. As exciting as that sounds, a startup splitting its focus before it begins selling its first product is rarely a good sign. Good luck ElliQ, here’s hoping you don’t end up like . ElliQ partners with Toyota & now available for pre-order pre-order Jibo or Kuri Foray’s “Spring”, its much anticipated modern take on the rollator (aka walker with wheels) has launched on Indiegogo. Founded in 2015, Foray was one of the first companies to see an opportunity in more modernized, good looking accessibility devices. Other companies have followed suit, such as which received funding last year to start manufacturing its line of shower chairs. The Spring hit its goal in the first 48 hours of going live, a huge testament to all the hard work the Foray team has put in. Foray launches a crowdfunding campaign for its modern rollator Lonjev Since their invention over 100 years ago electronic hearing aids have had three things in common: they’re incredibly expensive, they don’t work very well, and they’re so ugly that many would rather be deaf than wear them. In the last few years a few startups have attempted to disrupt parts of the problem — cut out the middle-men markups with a Casperesque direct-to-consumer offering, while the now-deceased tried to make them look cool. The $5bn hearing aid industry is beginning to crumble Audicus Doppler Labs But just like everything in life, timing is everything. Thanks to technological advances and a in which prescriptions are no longer required, we’re seeing a proliferation of low-cost, high-tech hearing aids hit the market. is picking up the torch from Doppler Labs, making good-looking devices with such great performance that last year they became the first non-traditional hearing aid to be prescribed by the UK’s National Health Service. is maintaining a relatively high price but packing their new Opn devices with features like Bluetooth connectivity, tv adaptors, and an AI assistant. meanwhile has taken its voice boosting speaker technology and is embedding it in $249 hearing aids, a fraction of the cost of traditional devices. Expect to see a lot of turmoil in this industry as new players continue to enter and incumbents struggle to innovate. regulatory change Nuheara Oticon ZVOX If you found this newsletter interesting, give it some claps, forward it to others, and sign up for the email list below. Thanks!

AgeTech News Roundup: №1

Announcing Third Act Ventures I’m excited to announce the branding of my venture firm . This is the capstone of all of the research and work I’ve done over the past few years. It represents the boundless opportunities I see in developing technology to improve the lives of older adults. Third Act Ventures “Third Act” is a reference to the life stage the investments focus on. It’s what follows after life’s first two acts: childhood & adulthood. In the literary world the third act is commonly referred to as the “Resolution”, it’s where the story and subplots are all wrapped up nicely. We’ve moved past the setup and the action, now it’s time to tie everything up before the close. The End. But while that may have been true for our ancestors’ third act, rapid advances in technology and medicine have made this no longer a time of ending but a new beginning. All grown-up, relieved of child-rearing responsibilities, and having amassed a lifetime of savings, this period of life offers the greatest opportunity to pursue one’s passion and dreams, whatever they might be. But while at this stage of life we have time and money like never before, few companies are focused on making products that serve our wants and desires. The innovation ecosystem is so focused on fantastical ideas of a future that may or may not arrive in our lifetime — , , —that it’s overlooking the guaranteed and obvious: and there’s a ton of low-hanging fruit because right now the experience flat-out sucks. brain chips uber drones asteroid mining the population is getting older Investors have almost completely ignored this space. With a venture dollars haven’t gone toward upending the antiquated , capturing the , or profiting off the myriad of other things those with a lifetime of savings are spending their money on. few notable exceptions trillion dollar elder care market two hundred billion dollars older adults spend on CPG On the innovation side things are finally beginning to change. More and more entrepreneurs’ eyes are opening to the opportunities in aging and are finding traction. AgeTech companies like which has rolled out its group wireless headphones to over 400 senior communities; which has expanded its reach of “grandkids on-demand” to 14 areas in its first 1.5 years of existence; and which has not only been awarded millions in grants but also inked deals with major medical providers. Eversound Papa Care.Coach Once operating at scale, AgeTech companies have had some success accessing capital through avenues such as PE funds and traditional banks, however there remain few if any options for startups trying to get off the ground. This is what Third Act Ventures is working to fix. Third Act Ventures is filling the funding gap for early-stage AgeTech startups. One venture firm alone can’t bring about the disruption necessary to significantly improve the way we age. To attract more investment we need to produce the big wins, which is why Third Act Ventures’ goal will always first and foremost be to produce superior returns. The beauty of this industry is that it’s already set up for outsized success, trillions of dollars are already being spent by or for older adults, mostly on inefficient, antiquated, and often demeaning products and services. Exits like are beginning to light the way, but we need more, and that is what Third Act Ventures is making happen. Best Buy’s $800mm acquisition of GreatCall

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