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Tim Cook, chief executive officer of Apple Inc., center, arrives at U.S. district court in Oakland, California, on Friday, May 21, 2021.
Nina Riggio | Bloomberg | Getty Images

Apple filed a notice of appeal in the Epic Games case and is asking for a stay on the injunction that lets developers add in-app links to payment websites, according to company representatives and documents filed on Friday.

If Apple wins the stay, which will be decided by a judge in November, a rule change potentially allowing developers to circumvent App Store fees of 15% to 30% may not take effect until appeals in the case have finished, a process that could take years.

Federal judge Yvonne Gonzalez Rogers ruled in September in favor of Apple for nine of 10 counts in an antitrust trial brought by Epic, the maker of Fortnite. Epic was seeking the ability to install its own app store on iPhones. Kate Adams, Apple’s general counsel, said at the time the ruling was a “huge win.”

But Apple was also ordered to make a major change to its store and allow mobile apps to steer consumers to outside payment methods, providing a way to potentially evade Apple’s App Store fees.

That injunction is currently scheduled to go into effect on Dec. 9.

Apple hasn’t publicly explained how its App Store policies would change under the order, but some developers have already started to build software based on their interpretation of the ruling.

“At a high level, it is my judgment that, without thoughtful restrictions in place to protect consumers, developers, and the iOS platform, this change will harm users, developers, and the iOS platform more generally,” Trystan Kosmynka, Apple’s senior director of App Review, said in a filing on Friday.

Apple may be able to change its App Store policy and engage in discussions with the judge, eliminating the need for an injunction, Apple representatives said.

In the past year, Apple has made several small concessions to critics of its app distribution rules in response to lawsuits and regulatory attention as part of a strategy to limit more major changes to its App Store. Apple has argued that it should be able to decide what software is allowed to operate on iPhones in order to deliver what the company says is a better user experience.

In a filing describing its reasoning for the stay, Apple cites some concessions it made as part of a separate settlement with small developers in August. That settlement is still pending Judge Rogers’ approval.

“The requested stay will allow Apple to protect consumers and safeguard its platform while the company works through the complex and rapidly evolving legal, technological, economic issues that any revisions to this Guideline would implicate,” Apple lawyers said in a court filing.

The judge also ordered Epic to pay damages to Apple. Epic Games filed a notice of appeal in September. An Epic Games representative wasn’t immediately available for comment.

If app makers are ultimately able to bill their own customers directly, without using Apple’s in-app purchase system, it would threaten a profit engine for the company. The App Store is part of the company’s services business, which reported $53.8 billion in sales during fiscal 2020 at a 66% gross margin, accounting for about 20% of Apple’s revenue.

This story is developing. Please check back for updates.

WATCH: Discord founder and CEO on Apple vs. Epic Games


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OpenAI, Microsoft sued by Center for Investigative Reporting as news industry bolsters attack on AI

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OpenAI, Microsoft sued by Center for Investigative Reporting as news industry bolsters attack on AI

The news industry just gained a powerful ally in its effort to take on OpenAI.

The Center for Investigative Reporting, the country’s oldest nonprofit newsroom, sued OpenAI and lead backer Microsoft in federal court on Thursday for alleged copyright infringement, following similar suits from publications including The New York Times, Chicago Tribune and the New York Daily News.

The CIR alleged in the suit, filed in the Southern District of New York, that OpenAI “copied, used, abridged, and displayed CIR’s valuable content without CIR’s permission or authorization, and without any compensation to CIR.”

Since its public release in late 2022, OpenAI’s ChatGPT chatbot has been crawling the web to provide answers to user queries, often relying heavily on copy pulled directly from news stories.

“When they populated their training sets with works of journalism, Defendants had a choice: to respect works of journalism, or not,” the plaintiffs wrote in the lawsuit. “Defendants chose the latter.”

In a press release on Thursday, Monika Bauerlein, CEO of the nonprofit, accused the defendants of “free rider behavior.”

“OpenAI and Microsoft started vacuuming up our stories to make their product more powerful, but they never asked for permission or offered compensation, unlike other organizations that license our material,” Bauerlein said.

The CIR, which is home to Mother Jones and audio programming Reveal, also alleged in the suit that OpenAI “trained ChatGPT not to acknowledge or respect copyright. And they did this all without permission.”

The group said it’s seeking “actual damages and Defendants’ profits, or statutory damages of no less than $750 per infringed work and $2,500 per DMCA violation,” referring to the Digital Millennium Copyright Act.

OpenAI and Microsoft didn’t immediately respond to requests for comment.

With the news industry broadly struggling to maintain sufficient advertising and subscription revenue to pay for its costly newsgathering operations, many publications are aggressively trying to protect their businesses as AI-generated content becomes more prevalent.

In December, The New York Times filed a suit against Microsoft and OpenAI, alleging intellectual property violations related to its journalistic content appearing in ChatGPT training data. The Times said it seeks to hold Microsoft and OpenAI accountable for “billions of dollars in statutory and actual damages” related to the “unlawful copying and use of the Times’s uniquely valuable works,” according to a filing in the U.S. District Court for the Southern District of New York. OpenAI disagreed with the Times’ characterization of events.

The Chicago Tribune, along with seven other newspapers, followed with a similar suit in April.

Outside of news, a group of prominent U.S. authors, including Jonathan Franzen, John Grisham, George R.R. Martin and Jodi Picoult, sued OpenAI last year, alleging copyright infringement in using their work to train ChatGPT.

But not all news organizations are gearing up for a fight, and some are instead joining forces with OpenAI. Earlier on Thursday, OpenAI and Time magazine announced a “multi-year content deal” that will allow OpenAI to access current and archived articles from more than 100 years of Time’s history.

OpenAI will be able to display Time’s content within its ChatGPT chatbot in response to user questions, according to a press release, and to use Time’s content “to enhance its products,” or, likely, to train its artificial intelligence models.

OpenAI announced a similar partnership in May with News Corp., allowing OpenAI to access current and archived articles from The Wall Street Journal, MarketWatch, Barron’s, the New York Post and other publications. Reddit also announced in May that it will partner with OpenAI, allowing the company to train its AI models on Reddit content.

WATCH: Microsoft gets put on AI backfoot after Apple-OpenAI deal

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Figma CEO says it is ‘eating cost’ of AI upgrade for customers in 2024

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Figma CEO says it is 'eating cost' of AI upgrade for customers in 2024

Figma CEO on failed Adobe deal, startup landscape, big redesign with AI

As design firm Figma rolls out its first major AI upgrade for its platform, CEO and co-founder Dylan Field is taking no chances with customers amid steep AI adoption and demand curves and consumer hype. Figma is paying the cost of the AI upgrade for now instead of attempting to charge customers.

“We’re gonna eat the cost for 2024, because we don’t know how people are going to use the features yet. We don’t know how many of you will care, we don’t know how good they get,” Field said in an interview with CNBC’s Deirdre Bosa on Thursday speaking from the company’s Config conference. “Watch what the usage is in the beta, see what the costs are, and then you can go from there in terms of figuring out where pricing should be.” 

Figma’s UI3 redesign, released in limited beta on June 26 with a waitlist for additional users, includes a new toolbox called “Figma AI.”

Roughly six months after antitrust scrutiny forced Adobe to call off its acquisition of Figma, the redesign that widely integrates AI functionality is another competitive wedge in a battle with Adobe and the other highly valued design startup, Canva, which has been moving more into the enterprise market, with a valuation around $25 million.

Canva ranked No. 6 on this year’s CNBC Disruptor 50 list, while Figma ranked No. 26.

The fast growth of Figma’s all-in-one product design functions accessed over a browser has become competitive with Adobe’s lineup. This core innovation by Figma, akin to how Google Docs are shared and revised, takes the place of designers working in silos on desktop apps while struggling to keep track of various file versions. Canva, known for its easy-to-use software tools, continues to scale up, going after business accounts, integrating AI, and competing more aggressively with Adobe.

In a blog post this week, Figma stressed a focus on technology that meets user needs what users need, rather than tossing out trendy ideas, including AI implementations, like chat box functions. “There’s a risk of these features feeling tacked on and distracting from what matters,” a group of top executives at the company wrote.

“What we care about is making sure we’re not just sprinkling AI fairy dust on top but rather really baking AI functionality into the product in order to make a designer’s life better,” Field told CNBC. 

More coverage of the 2024 CNBC Disruptor 50

“It definitely feels like a race to me,” Field said, referencing the AI model industry, whose customers include web companies rapidly adopting AI features. Adoption of the most consumer-desired AI features to beat out similar companies for market share may also be a race, he said. Figma is feeling the AI heat.

“It’s all about, as an individual company, how do we build for our audience, which is people making products,” Field said. 

In June, Adobe shares surged the most since the Covid bull market of 2020 after better-than-expected financial results and the integration of AI into its product, Firefly, and its Enterprise business platform.

“The only thing constant is change,” Field told CNBC. As the large language models from Amazon and Microsoft-backed OpenAI, among others including Meta, get faster, “prices are decreasing,” he added.  

Figma’s UI3 incorporates various generative AI features to streamline and standardize creative processes from page and app ideation through execution. Typing in directives for a page can generate aesthetics and prompt design ideas. It also streamlined design for Figjam, its original AI-powered workspace that generates agendas and allows for web design teamwork. A new product called “Figma Slides” is a potential competitor to Google Slides and Canva. Figma’s design tools are embedded in enterprise offerings from companies including Google and Oracle.  

The AI competition is another step on the path to a potential IPO for Figma after the thwarted Adobe deal. In May, Figma announced a tender offer to allow current and former employees to sell shares at a $12.5 billion valuation, with the valuation up 25% from a 2021 fundraising but well below Adobe’s $20 billion acquisition offer. Canva also recently completed a transaction to allow early employees and investors to cash out at a $26 billion valuation — well below its peak private value of $40 billion. Like Figma, it’s also a highly anticipated IPO candidate.

“Either it’s M&A or IPO and we tried one of those, so you can probably guess as to the one that will be in our future,” Field said. 

Sign up for our weekly, original newsletter that goes beyond the annual Disruptor 50 list, offering a closer look at list-making companies and their innovative founders.

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AI pioneer Illia Polosukhin, one of Google’s ‘Transformer 8,’ wants to democratize artificial intelligence

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AI pioneer Illia Polosukhin, one of Google's 'Transformer 8,' wants to democratize artificial intelligence

Before Illia Polosukhin left Google in 2017, he had a brainstorming lunch and then returned to his desk to build what may have been the very first transformer, the neural network architecture that makes generative artificial intelligence possible.

Now, Polosukhin is considered one of the founding fathers of modern AI.

Polosukhin co-wrote the now famous 2017 paper, “Attention Is All You Need” along with seven Google colleagues, who have collectively become known as the “Transformer 8.” Seven of them appeared on stage together for the first time at Nvidia‘s annual developer conference in March, where CEO Jensen Huang said, “Everything that we’re enjoying today can be traced back to that moment.”

Seven of the “Transformer 8” joined Nvidia CEO Jensen Huang at GTC, Nvidia’s annual developer conference in San Jose on March 20, 2024. From left to right: Lukasz Kaiser, Noam Shazeer, Aidan Gomez, Jensen Huang, Llion Jones, Jakob Uszkoreit, Ashish Vaswani and Illia Polosukhin.

Nvidia

Polosukhin said Google started utilizing transformers in 2018 in Google Translate, which made for a “massive improvement.” But a broadly popular use of the technology didn’t come until OpenAI launched ChatGPT in November 2022.

“OpenAI had very little to lose by opening this up,” Polosukhin told CNBC. “If, for example, any other company, especially public company, opened it up and the first question you ask there, it was like an inappropriate answer, that would be in the news.”

By the time the formative paper was published at the end of 2017, Polosukhin had exited Google to start his own AI company, Near, with fellow software engineer Alexander Skidanov. All eight of the authors have now left Google, although Polosukhin was the first to depart.

“Google research is an amazing environment,” Polosukhin said. “It’s great for learning and kind of this research. But if you want to move really fast and, importantly, put something in front of a user then Google is a big company with a lot of processes and, very rightfully so, security protocols, etc., that are required.”

Ultimately, he said, “for Google it doesn’t make sense to launch something that’s not a $1 billion idea.”

While at Google, Polosukhin was a proponent of open source.

“At the time, opening it up and making it available to everyone to build on top of it was the right decision,” he said.

With Near, Polosukhin is focused on what he calls user-owned AI, “that optimizes for the privacy and sovereignty of users.”

Watch the video to hear the full conversation between CNBC’s Katie tarasov and and Illia Polosukhin.

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