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Must-see — Google, DOJ still blocking public access to monopoly trial docs, NYT says NYT asked the court to intervene and unseal secretive testimony in its entirety.

Ashley Belanger – Oct 16, 2023 9:37 pm UTC Enlarge / Let’s see, you landed on my “Google Ads” space, and with three houses… that will be $1,400. Ron Amadeo / Hasbro reader comments 10 with

Dozens of exhibits from the Google antitrust trial are still being hidden from the public, The New York Times Company alleged in a court filing today.

According to The Times, there are several issues with access to public trial exhibits on both sides. The Department of Justice has failed to post at least 68 exhibits on its website that were shared in the trial, The Times alleged, and states have not provided access to 18 records despite reporters’ requests.

Google’s responses to document requests have also been spotty, The Times alleged. Sometimes Google “has not responded at all” to requests to review public exhibits. Other times, Google responds, but “often does not provide the exhibit in its entirety,” The Times claimed, including limiting public access to “particular page(s) of the exhibit shown to a given witness.”

The Times has asked the court to intervene and expand public access to key evidence weighed in what’s “arguably the most important antitrust trial in decades, with far-reaching consequences for the future of the tech industry.”

This is just the latest attempt to stop the Google antitrust trial from being shrouded in secrecy. Just before the trial, advocates lost a fight to get the court to provide a public access audio stream of the whole trial. Then shortly after the trial began, Google tried and failed to reduce public access to trial exhibits by requesting an opportunity to review every trial document before the DOJ posted anything online.

The drama over Google’s request to control how trial documents are shared concluded with an agreement between the DOJ and Google that either party would have an opportunity to object to the release of certain trial exhibits within three hoursa matter that both parties would have to prepare to argue the following trial day. Otherwise, either side “may” post the trial exhibit the next day. Advertisement

In The Times’ court filing, the news organization said that “importantly, however, the order does not command parties to make trial exhibits publicly available; it says only that parties ‘may’ follow the process if they wish to publicly disseminate exhibits. The order also notes that certain types of exhibitsthose objected to or used solely in closed session, as well as exhibits ‘pushed’ into evidence without being used in open courtcannot be posted without the Courts authorization.”

Perhaps because of this lax phrasing of the order, The Times contended that “media outlets covering this case still do not have full and timely access to admitted trial exhibits,” among “other access problems” springing from a series of closed sessions during the trial.

“To date, seven days of trial have involved some degree of witness testimony given in secret; on one day, the Court excluded the public from the courtroom for the entire day,” The Times’ court filing said, noting that “the Court has since taken steps to partially unseal transcripts of this testimony.”

However, even these steps have resulted in incomplete access, The Times alleged. Although these “partially redacted transcripts of witness testimony that took place in a closed session” have been made available, the public still does not have access to the trial exhibits “presented to witnesses during the now-public portions of their testimony.”

The public has a “weighty” constitutional right to access the Google trial exhibits to fully consider the government’s case against Google, The Times argued. In its motion to intervene, The Times asked the court to expand access by amending the order granting the agreement struck between the DOJ and Google on sharing trial exhibits. Perhaps most significantly, The Times wants the court to change the language so that instead of saying that parties “may” post documents online, the order would rather say that parties “must” post documents online.

Google declined Ars’ request to comment. The DOJ did not immediately respond to Ars’ request to comment. Page: 1 2 Next → reader comments 10 with Ashley Belanger Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience. Advertisement Channel Ars Technica ← Previous story Next story → Related Stories Today on Ars

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Astros’ Paredes to forgo season-ending surgery

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Astros' Paredes to forgo season-ending surgery

Houston Astros third baseman Isaac Paredes has opted to forgo season-ending surgery on his strained right hamstring and instead will rehab the injury in an effort to return this season, general manager Dana Brown told reporters Monday.

The 26-year-old Paredes, who is hitting .259 with 19 home runs and 50 RBIs this season, was placed on the injured list on July 20 after he was hurt while running to first base. Brown said the injury was “severe.”

Paredes has received a platelet-rich plasma injection and has had multiple rounds of imaging. His rehab stint, which will mostly take place in Houston around the team, will begin after a “long period” of letting the hamstring rest before beginning any sort of exercise, Brown said.

If Paredes undergoes surgery, he likely wouldn’t be able to return for at least six months.

“His whole opinion on this is, he wants to work hard to try to get back this season,” Brown said Monday. “Of course, he’s going to dedicate himself to getting back.”

The Astros were proactive at the trade deadline, acquiring infielder Carlos Correa from the Minnesota Twins. Correa, a Rookie of the Year and two-time All-Star in his prior stint with the Astros, has agreed to move from shortstop to third base while Paredes is out of the lineup.

The Astros (62-50) currently lead the AL West with around 50 games remaining in the regular season.

“He’s doing well and he’s working hard,” Astros manager Joe Espada said of Paredes. “He’s in good spirits, and I know he would rather be on the field. We hope for the best.”

The Associated Press contributed to this report.

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Braves’ Riley on IL; Holmes passes on TJ surgery

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Braves' Riley on IL; Holmes passes on TJ surgery

Atlanta Braves third baseman Austin Riley on Monday was placed on the 10-day injured list for the second time in two months with a strained lower abdominal muscle.

Right-hander Grant Holmes, meanwhile, has opted to rehab his injured right elbow rather than undergoing Tommy John surgery, manager Brian Snitker told reporters.

Riley suffered the injury while tagging out Cincinnati’s Elly De La Cruz near home plate in the Braves’ 4-2 win on Sunday in the rain-delayed MLB Speedway Classic at Bristol Motor Speedway.

Riley also landed on the IL on July 12 with a strained abdomen. He returned on July 25.

The Braves recalled infielders Nacho Alvarez Jr. and Jonathan Ornelas from Triple-A Gwinnett before opening a home series against Milwaukee on Monday night. The team optioned outfielder Jarred Kelenic to Gwinnett following Sunday’s game.

Riley is hitting .260 with 16 homers and 54 RBIs.

Snitker said Holmes, who has damage to his UCL, made the decision to not have surgery at the present time after consulting with two doctors. The pitcher could also reconsider and have surgery after the season.

Snitker did not give a timeline as to when Snitker, who was placed on the 60-day injured list on July 27, will begin throwing again. He is not eligible to be activated until Sept. 26.

Holmes is 4-9 with a 3.99 ERA and 123 strikeouts this season. He had 15 strikeouts in a game against the Colorado Rockies in June.

The Braves’ other Opening Day starters also are all on the injured list, with AJ Smith-Shawver out for the season after having Tommy John surgery.

Snitker said All-Star left-hander Chris Sale threw a bullpen session as he works his way back from a fractured rib. He is next scheduled to throw live batting practice.

Reynaldo Lopez, who was placed on the IL on March 29 with shoulder inflammation after one start, is playing catch, but Snitker said there is no timetable for his return.

Spencer Schwellenbach, who is recovering from a fractured elbow, has not resumed throwing.

The Associated Press contributed to this report.

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Bristol races to return to NASCAR shape after MLB

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Bristol races to return to NASCAR shape after MLB

BRISTOL, Tenn. — The instant the Atlanta Braves and Cincinnati Reds cleared the baseball diamond inside the infield at Bristol Motor Speedway, a new clock started.

“The Last Great Colosseum” has to switch from hosting the MLB Speedway Classic and be ready for NASCAR’s return to the historic racetrack for a playoff race Sept. 13.

The first MLB regular-season game in the state of Tennessee set a record with a paid attendance of 91,032, but now it must get back to its racing roots.

“It is difficult, but it’s things that we like,” said Steve Swift, Speedway Motorsports’ senior vice president of operations. “It gives us a challenge and we like challenges.”

Major League Baseball used BaAM to create everything from clubhouses for the Braves and Reds, complete with showers, strength and conditioning rooms, coach and trainers’ offices and batting cages. They constructed grandstands down both base lines with broadcast booths.

Pit walls were taken down and now have to be rebuilt. The transformation to a baseball diamond in the infield required 17,500 tons of gravel to level the infield, then 340 tons of Pennsylvania clay for the playing surface.

Swift said pouring concrete walls takes time — and then more time to cure properly.

“As soon as the last pitch is thrown, the last hit’s hit, teams do their thing, postgame’s taken care of, pads will start coming off the wall, and they’ll work through the night to basically start disassembling so we can reassemble for the NASCAR race,” Swift said.

Some of the gravel will be used in Bristol’s parking lots. Swift said they have found groups to help use some of the materials to help people still recovering from the damages left by Hurricane Helene. That includes 2x4s and plywood used for the grandstands.

“A lot of stuff is going to go to good use as far as the rebuild portion,” Swift said. “We just need to get it out of the way so we can put back asphalt and concrete.”

This new renovation schedule has a couple of days built in for protection. The target date for being finished is Sept. 7.

“There may still be some paint drying whenever they roll in with the Goodyear haulers, but we’ll definitely shoot for (Sept. 7),” Swift said.

Bristol hosted a college football game in 2016 that drew 156,990. Now the NHL might be in Bristol’s future after Sportico reported Friday that league officials would be checking out how the racetrack handled Major League Baseball.

“We’ve shown with football and now baseball being here, that things can take place and we can do the things that nobody would even think about,” Swift said.

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