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Elon Musk, chief executive officer of Tesla Inc., departs court in San Francisco, California, US, on Tuesday, Jan. 24, 2023. 

Marlena Sloss | Bloomberg | Getty Images

The SEC argued in a letter to the U.S. Court of Appeals for the Second Circuit in New York this week that Tesla CEO Elon Musk still needs a so-called “Twitter sitter,” and that an earlier settlement agreement between them is fully constitutional and valid.

Now a centi-billionaire, Musk in 2018 wrote on Twitter that he had “funding secured” to take his electric vehicle company private for $420 per share, and that “investor support” for such a deal was “confirmed.” Tesla trading halted after his tweets, and the price of shares in the automaker see-sawed for weeks.

When the SEC charged him with civil securities fraud in response to those tweets, Musk and Tesla settled, signing a revised consent decree in 2019. As part of the settlement, Tesla and Musk each agreed to pay $20 million fines, and Musk agreed to relinquish his role as chairman of the board at Tesla for three years.

Among other terms, Musk agreed to a “Twitter sitter,” colloquially speaking. He was supposed to work with a securities lawyer at Tesla who would review and approve his tweets before he posted them in any instance when they may contain material business information about the company.

After they struck this agreement, Elon Musk has repeatedly said that he doesn’t respect the Securities and Exchange Commission (SEC), and in a series of press interviews and depositions suggested that nobody reviews his tweets before he posts them.

Musk and his attorney, Alex Spiro, have argued since their settlement that the SEC effectively intimidated Musk into signing it, and that the terms of even the revised consent decree amount to “unconstitutional” infringement on Musk’s free speech rights.

With the appeal in the Second Circuit, Musk is trying to unwind at least some terms of the earlier SEC settlement agreement.

Earlier this week, Spiro submitted a letter that court in New York saying that a jury verdict in a separate, shareholder class action trial that concluded recently in a San Francisco federal court should be given consideration in the appearl. During the shareholder class action trial, Spiro and Musk convinced jurors that the Tesla CEO did not violate certain securities laws with his tweets in 2018.

In its reply letter this week, the SEC argued that “Musk waived his opportunity to test the Commission’s allegations at trial when he voluntarily agreed (twice) to a consent judgment.”

They also argue that the verdict in San Francisco “says nothing about the continuing public interest in a negotiated settlement term that does not preclude Musk from tweeting accurately about Tesla or other topics, but rather requires Tesla to review Musk’s Tesla-related communications before publication, including through Musk’s Twitter feed — a communication channel designated by Tesla for disclosure.”

The SEC lawyers also questioned whether there is any legal basis to consider undoing the settlement all these years later.

An oral argument for the appeal is slated for some time this spring, but a final date has not been set.

Read the full letter here:

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Generative AI’s hype has yet to lead to a must-have gadget for the holiday season

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Generative AI's hype has yet to lead to a must-have gadget for the holiday season

Ray-Ban Meta smart glasses

Meta

Shoppers looking for gadgets and gizmos powered by generative AI technology to gift to their loved ones won’t have many options to choose from this holiday season.

Generative artificial intelligence has taken Silicon Valley by storm since the launch of OpenAI’s ChatGPT chatbot in November 2022. Although startups have raised billions to build new GenAI tools and tech giants have bought millions of Nvidia processors to train AI models, few companies have delivered new hardware built with the new-age tech as its focal point.

There was a lot of optimism over the potential of GenAI gadgets at the CES trade show in January, said Paul Gagnon, vice president for analyst firm Circana. In particular, products from high-profile startups such as Humane and Rabbit, which were marketed as being able to translate, answer questions, take voice memos and set alarms, were drawing buzz, Gagnon said.

But many of these new GenAI devices didn’t work as well as people expected, with reviewers saying that the gadgets were too slow and too prone to failure.

“As we’ve gone through the year, and those kinds of promises — which I’ll be honest, were pretty nebulous to start with — there’s been a bit of a struggle with communicating that to consumers,” Gagnon said.

A key reason GenAI hardware hasn’t had a breakthrough is that current devices are “compute restrained,” meaning they require more powerful silicon chips and related components to perform better, particularly when compared with smartphones, said Ben Bajarin, CEO of Creative Strategies, a market research firm.

Additionally, consumers may find current GenAI devices too expensive, and they may be confused about what the devices can actually do, he said.

GenAI devices, such as the Ray-Ban Meta smart glasses, also typically require a smartphone connection for an accompanying app as well as strong internet access, because a bad internet connection can lead to performance delays that frustrate people, Bajarin said.

While companies such as Microsoft, Apple, Intel, Dell and Lenovo have also heavily marketed new lineups of personal computers capable of performing GenAI tasks, consumers have yet to perk up to the sales pitch, said Ryan Reith, an IDC program vice president for mobile devices.

“I don’t think that there’s actually a need for consumers to go out and get one of these more expensive PCs,” Reith said, noting that people may be confused about why they need beefier computers when they can already access tools such as ChatGPT through their current PCs. 

The reality is that while GenAI has captivated Silicon Valley, it’s still “inning zero” in regard to widespread adoption, Bajarin said.

“Even though I can rattle off all these productivity stats of how people are using AI today, it’s a very small number of people,” he said. “This is not mainstream.”

It may not be until 2025 that consumers see a “big explosion” in GenAI computers, smartphones and new gadgets, said Steve Koenig, vice president of research at the Consumer Technology Association, which produces CES.

Despite Silicon Valley not having a breakout year for GenAI hardware, here are a few GenAI devices early adopters can buy.

Ray-Ban Meta glasses

Rabbit r1

The Rabbit r1 is a $200 gizmo that looks like an orange, miniaturized tablet with a playful aesthetic that’s more Nintendo Switch than Apple iPad. 

Outfitted with a camera and dual mics, the r1 can record audio clips and set timers or perform more advanced tasks, such as helping users recall details from past conversations, search results and voice recordings. After the device began shipping in March, reviewers criticized the r1 for stumbling at various tasks and failing to outshine smartphones that can do many of the same functions. 

The startup “has used that feedback to rapidly make very significant improvements to the user experience” and has released scores of updates to improve, Rabbit CEO Jesse Lyu told CNBC in a statement.

Despite the harsh reviews, Rabbit has “sold more than 100,000 r1 devices when we originally expected to sell only 3,000” and the company is “seeing a return rate of less than 5%, which is very solid for a first-generation product,” Lyu said. 

Rabbit is currently running a deal that gives shoppers free shipping, or $15 off, if they order an r1 by Dec. 4.

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Former Apple designers launch $699 Humane Ai Pin as smartphone replacement

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Just Eat Takeaway to delist from London Stock Exchange in blow to UK market

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Just Eat Takeaway to delist from London Stock Exchange in blow to UK market

Just Eat Takeaway said it was delisting its shares from the London Stock Exchange due to the “low liquidity and trading volumes” of its shares on the exchange.

Mike Kemp | In Pictures | Getty Images

Just Eat Takeaway will delist from the London Stock Exchange next month, in a blow to the U.K.’s ambitions to attract more high-growth tech firms to its stock market.

After completing a review of optimal listing venues, the Anglo-Dutch food delivery firm said Wednesday that it intends to delist from London’s stock exchange, making Amsterdam Just Eat Takeaway.com’s sole trading venue.

Explaining its decision, Just Eat Takeaway said it was delisting its shares from the LSE in a bid to “reduce the administrative burden, complexity and costs associated with the disclosure and regulatory requirements of maintaining the LSE listing, and in the context of low liquidity and trading volumes.”

Just Eat Takeaway shares slipped 1.5% following the delisting announcement.

It has requested that the LSE and the Financial Conduct Authority, the U.K.’s markets watchdog, cancel its listing, so that it can remain primarily listed on the Amsterdam exchange.

The delisting will become effective from 8 a.m London time on Dec. 27, while Dec. 24 will mark the last date of trading of Just Eat Takeaway’s shares on the LSE.

Earlier this month, Just Eat Takeaway.com said it would sell its GrubHub arm to New York-based online takeout startup Wonder for $650 million — a huge discount compared to the $7.3 billion the firm paid for the U.S. food delivery app.

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Reddit targets international users for ad growth, teases bolstered search feature

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Reddit targets international users for ad growth, teases bolstered search feature

Reddit logo on website.

Jakub Porzycki | Nurphoto | Getty Images

Reddit is ramping up efforts to attract more users outside of the U.S., putting countries like India and Brazil in focus as it looks to unlock new advertising opportunities, a top company executive told CNBC.

In a wide-ranging interview, Jen Wong, chief operating officer of Reddit, said other platforms have 80% to 90% of users outside of the U.S. while about half of her company’s current users are based internationally.

“So that points to a lot of our future user growth opportunity definitely outside of the U.S. and local language,” Wong told CNBC. “The opportunity, the way I think about it, is every language is an opportunity for another Reddit.”

Reddit has historically been an English-language platform, but the company is looking to expand its international reach with the help of artificial intelligence translations. This year, Reddit launched a feature that automatically translates its site into different languages.

Wong said that around 20 to 30 languages could be available by the end of the year.

India opportunity

Among the company’s fastest-growing markets in terms of users is the U.K., the Philippines, India and Brazil.

“India’s growing really rapidly,” Wong said. “We see a big opportunity in India.”

The Reddit COO said that India has a large English-speaking internet population, and there are lots of engaged users around topics like cricket and the Bollywood movie industry.

Wong also said Reddit has been meeting with “mods” — or moderators, who oversee content on communities on the site.

Advertising opportunity

Growth in markets like India can propel Reddit to boost ad revenue, its main source of income.

International markets account for just over 17% of Reddit’s revenue currently, according to the company’s third-quarter results, despite around 50% of its users being located outside the U.S.

Wong said that Reddit first attempts cross-border advertising for international markets, such as when a European brand is looking to advertise in the U.S. Then, when Reddit hits about 10% of a country’s internet population in a country, there is an opportunity to build teams focused on local advertising — like an Indian brand advertising to Indian users.

This has not yet happened in many markets, but Reddit is keeping an eye on many of its fastest growing countries, Wong said.

New search tools

Reddit users will know that it’s not always the easiest site to find what you’re looking for — a drawback that the company is now looking to change with new search tools.

During Reddit’s third-quarter earnings call last month, CEO Steve Huffman called search on the platform a “focused investment” in 2025.

Wong expanded that the company is thinking of its search feature as a way of helping users to navigate around the site to find similar topics or posts that they may have otherwise missed.

“You land on a post and but it’s almost like a dead end. But there are a lot of posts, often like that post, or there are other posts like that post in other communities. And so giving you a total view of what that looks like is a really interesting opportunity,” Wong said.

“Guiding you through Reddit as you follow that line of thinking, is how we think of the opportunity.”

Wong declined to say more except, “We’re testing a lot of things.”

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