UKRAINE – 2022/01/07: In this photo illustration a Microsoft Azure logo seen displayed on a smartphone. (Photo Illustration by Igor Golovniov/SOPA Images/LightRocket via Getty Images)
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LONDON — Microsoft on Tuesday was accused of unfairly overcharging customers of rival cloud companies in a lawsuit claiming damages of more than £1 billion ($1.27 billion).
The lawsuit alleges customers using Amazon Web Services (AWS), Google Cloud Platform or Alibaba Cloud — all key competitors to Microsoft’s Azure cloud — are forced to pay more to license the tech giant’s cloud-based Windows Server software on rivals’ infrastructure.
Microsoft offers a cheaper price to firms running Windows Server on Azure than on direct competitors like AWS, Google’s cloud or Alibaba Cloud. The lawsuit argues firms running the widely-used server software are essentially being overcharged to use alternative cloud computing solutions.
It adds Microsoft leverages its dominant market position in cloud-based server operating systems by extracting higher prices and inducing customers into moving to Azure. Claimant Maria Luisa Stasi, a competition lawyer, is seeking more than £1 billion in compensation for firms affected.
Microsoft was not immediately available for comment when contacted by CNBC.
“Put simply, Microsoft is punishing UK businesses and organisations for using Google, Amazon and Alibaba for cloud computing by forcing them to pay more money for Windows Server,” Stasi, who is head of law and policy for digital rights advocacy group Article19, said in a statement shared with CNBC.
“By doing so, Microsoft is trying to force customers into using its cloud computing service Azure and restricting competition in the sector.”
She added the lawsuit “aims to challenge Microsoft’s anti-competitive behavior, push them to reveal exactly how much businesses in the UK have been illegally penalized, and return the money to organizations that have been unfairly overcharged.”
Thousands of British businesses and organizations are represented in the lawsuit, which is an “opt-out” collective action. That means that any company potentially affected is automatically counted and can receive a payout if Microsoft loses.
Stasi represents the customers of Amazon, Google and Alibaba but doesn’t represent any of these firms, her spokesperson told CNBC.
The CMA declined to comment on the specific timing of its provisional decision. However, it’s previously set a deadline of November to December 2024.
Earlier this year, Microsoft struck a 20 million euro ($21 million) settlement with cloud trade body CISPE and its members ending an EU antitrust complaint accusing the tech giant of unfair software licensing practices at its cloud division.
The deal saw Microsoft agree to charge firms the same price for running its software on smaller cloud companies’ systems as it does on its own Azure platform.
But in September, Google filed a fresh antitrust complaint against Google with the European Commission, the executive body of the EU.
The suit alleged that Microsoft’s software licensing terms effectively lock businesses into its Azure platform and make it harder to switch — and thus exerting control over the cloud market.
Solange Viegas Dos Reis, chief legal officer of French cloud computing firm OVHCloud, told CNBC some cloud hyperscalers are essentially “selling together two products that should be totally separated” — widely-used software and cloud infrastructure.
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There’s also an issue of hyperscalers offering more functionality of their software when it’s running on their own cloud services than on third-party cloud services, Dos Reis said without singling out any particular vendor.
From 2017 to 2022, European cloud firms’ market share halved from 27% to 13%, lagging international rivals as the entire European cloud market grew fivefold to 10.4 billion euros ($11 billion), according to data from Synergy Research Group.
The issue of software licensing in cloud is one that’s not been assessed previously, Dos Reis told CNBC in an interview last week, adding OVH has “a lot of hope” with the CMA’s cloud competition case.
OVHCloud agreed its own settlement with Microsoft in July, which saw it drop its own EU antitrust complaint against the U.S. tech giant.
Apple CEO Tim Cook delivers remarks at the start of the Apple Worldwide Developers Conference (WWDC) on June 10, 2024 in Cupertino, California. Apple will announce plans to incorporate artificial intelligence (AI) into Apple software and hardware. (
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Apple has temporarily disabled Apple Intelligence summaries for news apps for users of its beta software in a sign of the challenges the company is dealing with in its AI technology.
The decision to pause AI summaries comes weeks after the BBC highlighted that Apple’s AI system had twisted its news notifications to display inaccurate facts. The pause only affects people using Apple’s beta software, not those using the company’s main operating systems.
News and entertainment apps, such as The New York Times, began showing a short message inside the iPhone settings app on Thursday noting that AI-powered summaries were “temporarily unavailable.”
The pause on one of Apple Intelligence’s core features highlights the challenge Apple faces in the roll out of its artificial intelligence technology, which has been scrutinized by many users on social media.
“With the latest beta software releases of iOS 18.3, iPadOS 18.3, and macOS Sequoia 15.3, Notification summaries for the News & Entertainment category will be temporarily unavailable,” an Apple representative told CNBC in a statement.
The spokesperson noted that Apple is working on improvements to the software that are coming in a future software update. The company did not say when it will roll out its iOS 18.3 software to users of the main version of the iPhone operating system, but it could take weeks, based on Apple’s previous software release patterns.
The decision to temporarily pause the AI summaries comes on the same day that Apple saw its stock close down 4%, marking its worst day of trading since Aug. 5. A reason for the drop was due to notable Apple supply chain analyst Ming-Chi Kuo writing on Monday that the Apple Intelligence suite of features does not appear to be boosting iPhone sales.
Apple Intelligence struggles since launch
The company launched Apple Intelligence in October as the signature feature in its latest line of iPhone models and its answer to Silicon Valley’s AI arms race that kicked off with the launch of OpenAI’s ChatGPT in late 2022.
Apple has used the AI features as the key selling point in its advertisements and marketing for its latest hardware products, but the software has been riddled with issues.
The company says that the entire Apple Intelligence system is in beta, and the update on Thursday added language to say that the AI software can produce unexpected results.
Apple Intelligence includes several features, including image generators, but the one that’s received the most attention is how it can summarize entire stacks of notifications into concise sentences — useful, according to Apple’s marketing materials, for getting through hundreds of group chat notifications without scrolling through the whole discussion.
With the Thursday update, Apple said it will show any AI-summarized notification in italics to distinguish them from other notifications.
In testing, Apple Intelligence summaries weren’t perfect, but the errors were mostly funny and obvious. Problems cropped up when the technology began being used to summarize news, and it displayed false information.
The most egregious well-documented error happened in December, when 22 separate BBC news notifications were combined into a three-part headline that started with “Luigi Mangione shoots himself.” The alleged Brian Thompson assassin has not done that.
The feature also combined headlines from The New York Times into a November notification that falsely said that Israeli Prime minister Benjamin Netanyahu had been arrested, according to a ProPublica reporter’s post on social media.
Another Apple Intelligence notification on Jan. 3 said that darts player Luke Littler had won a world championship, which had yet to take place, according to the BBC. The technology also conflated notifications from BBC’s sports app to say that “Brazilian tennis player, Rafael Nadal, comes out as gay.” Nadal is Spanish and is married to Maria Francisca Perello.
Apple on Thursday also rolled out a new feature that lets users turn off AI summaries for any app by swiping left on the notification from the phone’s lock screen. Users previously could only turn off AI summaries through the settings app.
Duolingo shares rose nearly 7% on Thursday following a large spike in users signing up to learn Mandarin in conjunction with soaring usage of Chinese social media app RedNote, a TikTok rival.
The company confirmed to CNBC that there’s been a 216% increase in Mandarin learners using the app compared to a year earlier. For context, Spanish, one of the most popular languages on the app, has seen a 40% increase over the same period, Duolingo said.
RedNote, or Xiaohongshu, as it’s known in China, has rocketed to become the No. 1 free app on the Apple app store, a position it’s held for most of this week. Rounding out the top five are TikTok’s Lemon8 app, U.S. social media upstart Clapper, OpenAI’s ChatGPT and Meta’s Threads.
Last week, the Supreme Court heard oral arguments in the case involving the future of TikTok in the U.S., and a law that could effectively ban the popular app. The justices appeared to favor upholding the law, and a decision could come as soon as Friday. TikTok is reportedly preparing for a U.S. shutdown on Sunday.
RedNote has so far been the top beneficiary of the American user exodus, seeing its U.S. app downloads increase by 20 times over the last week, according to market intelligence firm Sensor Tower. A Duolingo spokesperson told CNBC that the company’s marketing team is “forward-thinking and already has an active presence on Red, managed by our team in China.”
Duolingo offers online and mobile courses across 42 languages. According to its website, Duolingo has 48.8 million Spanish learners. French is the second most popular language on the app at 27.3 million users, while Chinese is eighth at 10.7 million.
Duolingo shares climbed 43% last year, topping the Nasdaq’s 29% gain.
Snap CEO Evan Spiegel, joins CNBC ‘Power Lunch’ on September 17, 2024.
CNBC
Snap shares closed down 5% on Thursday after the Federal Trade Commission said it would refer a complaint against the company to the Department of Justice.
The FTC’s non-public complaint involves allegations that Snapchat’s My AI chatbot poses “risks and harms to young users,” the commission said in a statement. The complaint stems from the FTC’s compliance reviews with Snap following a 2014 settlement regarding allegations of public deception pertaining to data collection by the company.
As part of the FTC’s compliance reviews of Snap, the agency said it had uncovered the possibility that the company “is violating or is about to violate the law.”
“A proceeding is in the public interest,” the FTC said in its statement.
The FTC did not specify what about the My AI chatbot its complaint was focused on, but the chatbot has previously drawn scrutiny.
A Snap spokesperson pushed back against the FTC’s claims in a statement to CNBC.
“Unfortunately, on the last day of this Administration, a divided FTC decided to vote out a proposed complaint that does not consider any of these efforts, is based on inaccuracies, and lacks concrete evidence,” the Snap spokesperson said. “It also fails to identify any tangible harm and is subject to serious First Amendment concerns.”
The spokesperson added that while the company shares the FTC’s “focus on ensuring the thoughtful development of generative AI,” Snap believes that the “complaint would stifle innovation and competition in a critical and growing sector of the economy.”
Jonathan Raa | AP
Snap debuted the My AI chatbot in 2023. It is powered by the large language models of OpenAI and Google, giving it the ability to answer user questions and provide tips and suggestions similar to ChatGPT and other AI-powered chatting tools.
The chatbot has been noted for providing problematic responses. In one instance while speaking with a reporter who was pretending to be a teenager, the chatbot answered explained how to hide the smell of alcohol and marijuana, The Washington Post reported in 2023. At the time of the chatbot’s initial release, Snap said that My AI, like other AI-powered chatbots, is “prone to hallucination and can be tricked into saying just about anything. Please be aware of its many deficiencies and sorry in advance!”
In Oct. 2023, the United Kingdom’s Information Commissioner’s Office issued a preliminary enforcement notice against Snap, alleging that the company’s My AI-related risk assessment “did not adequately assess the data protection risks posed by the generative AI technology, particularly to children.”
Although the FTC said that it voted during a closed meeting to issue a public statement about it’s case against Snap and its ensuing referral to the DOJ, it noted that FTC commissioners Melissa Holyoak and Andrew Ferguson were absent.
The FTC also pointed to a dissenting statement by Ferguson, who President-elect Donald Trump named in December to replace Lina Khan as the next FTC chair.
Ferguson noted that these kinds of referrals “are not disclosed unless and until the complaint is filed in court by the Department or the Commission.”
“I did not participate in the farcical closed meeting at which this matter was approved,” he wrote.
Ferguson added that he opposes the FTC’s complaint against Snap, but that he can’t “release a detailed analysis of its many problems,” because the case is not public. Ferguson wrote that the complaint’s interpretations of an FTC law is “wrong” and that it is “in direct conflict with the guarantees of the First Amendment.”
If the DOJ files the complaint, Ferguson said he will “release a more detailed statement about this affront to the Constitution and the rule of law.”