Connect with us

Published

on

Microsoft CEO Satya Nadella speaks at the company’s Ignite Spotlight event in Seoul on Nov. 15, 2022. Nadella gave a keynote speech at an event hosted by the company’s Korean unit.

SeongJoon Cho | Bloomberg | Getty Images

Microsoft will report fiscal second-quarter results after the close of regular trading Tuesday.

Here’s what analysts are expecting:

  • Earnings: $2.29 per share, adjusted, according to Refinitiv.
  • Revenue: $52.94 billion, according to Refinitiv.

Sales growth is expected to come in at just 2.3% year over year, which would be the weakest expansion for Microsoft in any period since 2016.

The company faces concerns across the board. When CEO Satya Nadella announced 10,000 job cuts last week, he noted that clients in every industry around the world have taken a more cautious approach because of recession concerns.

As of Monday’s close, Microsoft shares were down 18% over the past year, slightly underperforming the Nasdaq.

The growth engine of Microsoft’s Intelligent Cloud unit is the Azure public cloud. In October, executives said the company’s engineers were busy helping customers be more efficient with their Azure infrastructure services. Last week Nadella wrote that “we’re now seeing them optimize their digital spend to do more with less.”

Analysts polled by CNBC and StreetAccount are expecting revenue growth for the Azure and other cloud services category of close to 31%. In the previous quarter, the business grew 35%.

Microsoft’s Windows business, housed inside the More Personal Computing unit, is reckoning with a pullback in the PC market. Technology industry researcher Gartner estimated that during the fourth quarter of 2022 the PC business had its slowest growth since the company started keeping track of the market in the mid-1990s.

The third unit, Productivity and Business Processes, contains the Microsoft 365 productivity suite formerly known as Office. In recent days some analysts have said they expect slower growth in seats purchased by business customers.

The decision to reduce head count “shows a commitment to margin defense despite top-line shakiness,” analysts at Raymond James wrote in a note to clients Monday. They recommend buying Microsoft shares.

Microsoft said the layoffs, along with hardware lineup changes and lease consolidation fees, will result in a $1.2 billion charge and a negative impact on earnings of 12 cents per share.

In the quarter the U.S. Federal Trade Commission sued Microsoft to block its pending $69 billion acquisition of game publisher Activision Blizzard, while the U.S. Defense Department awarded Microsoft and three other companies a cloud contract worth up to $9 billion combined. Also, Microsoft introduced Designer, an application in which people can craft documents such as social media posts and event invitations.

Executives will discuss its quarterly results with analysts on a conference call Tuesday starting at 5:30 p.m. ET.

Correction: This story has been updated to reflect that Microsoft’s conference call with analysts will start Tuesday at 5:30 p.m. ET. A previous version gave an incorrect time.

WATCH: Longer term, Microsoft has a massive secular growth story, says Oppenheimer’s Horan

Longer term, Microsoft has a massive secular growth story, says Oppenheimer's Horan

Continue Reading

Technology

Eight newspaper publishers sue Microsoft and OpenAI over copyright infringement

Published

on

By

Eight newspaper publishers sue Microsoft and OpenAI over copyright infringement

Sam Altman, CEO of OpenAI, during a panel session at the World Economic Forum in Davos, Switzerland, on Jan. 18, 2024.

Stefan Wermuth | Bloomberg | Getty Images

Eight U.S. newspaper publishers filed suit against Microsoft and OpenAI in a New York federal court on Tuesday, claiming the technology companies reuse their articles without permission in generative artificial intelligence products and incorrectly attribute inaccurate information to them.

The group of eight newspaper publishers takes issue with ChatGPT and Microsoft’s Copilot assistant — available in the Windows operating system, the Bing search engine, and other products the software maker produces. ChatGPT and Copilot have been “purloining millions of the publishers’ copyrighted articles without permission and without payment,” according to the complaint, which had been filed in the U.S. District Court for the Southern District of New York.

The newspaper publishers in the lawsuit operate the New York Daily News, the Chicago Tribune, the Orlando Sentinel, the Sun Sentinel in Florida, The Mercury News in California, The Denver Post, The Orange County Register in California and the Pioneer Press of Minnesota.

The newspaper publishers said in the lawsuit that OpenAI has drawn on data sets containing text from their newspapers to train its GPT-2 and GPT-3 large language models, which can spit out text in response to a few words of human input.

“The current GPT-4 LLM will output near-verbatim copies of significant portions of the publishers’ works when prompted to do so,” the complaint said, showing several examples of ChatGPT and the Copilot allegedly doing so.

The publishers said Microsoft copies information from their newspapers for the Bing search index, which helps inform answers in the Copilot. But such output doesn’t always provide links to newspaper websites, where they can view ads alongside articles or pay for subscriptions.

Microsoft and OpenAI representatives did not immediately respond to requests for comment from CNBC.

The legal challenge comes four months after The New York Times sued OpenAI over copyright infringement in the ChatGPT chatbot that the startup released in late 2022. OpenAI said in a January blog post that the case is without merit, adding it wants to support “a healthy news ecosystem.” That same month, Sam Altman, OpenAI’s CEO, said the startup wanted to pay The New York Times and was surprised to learn about the lawsuit.

In recent months, OpenAI has signed deals with a handful of media companies, including Axel Springer and the Financial Times, enabling the Microsoft-backed startup to draw on the publishers’ content to improve AI models.

Google, which has its own general-purpose chatbot for responding to user queries, said in February that it had reached an agreement with Reddit that includes the right to train AI models on the platform’s content.

The New York Times case also touched on the matter of OpenAI models regurgitating information from its articles. In its blog post, OpenAI characterized such behavior as “a rare failure of the learning process that we are continually making progress on.”

Correction: This article has been updated to reflect the correct day the lawsuit against Microsoft and OpenAI was filed.

WATCH: OpenAI CEO Sam Altman: The U.S. needs an AI policy

OpenAI CEO Sam Altman: The U.S. needs an AI policy

Continue Reading

Technology

Meta hit with major EU probe into disinformation handling ahead of European elections

Published

on

By

Meta hit with major EU probe into disinformation handling ahead of European elections

Mark Zuckerberg, CEO of Meta testifies before the Senate Judiciary Committee at the Dirksen Senate Office Building on January 31, 2024 in Washington, DC.

Alex Wong | Getty Images

Meta on Tuesday was hit by the European Commission — the executive body of the European Union — with a major investigation into its compliance with the EU’s strict internet content rules.

The Commission said it is investigating Meta over concerns the company hasn’t done enough to ensure effective combatting of disinformation ahead of upcoming European Parliament elections.

The European Parliament elections are due to take place on June 6-9.

In the Commission’s statement Tuesday, it said it suspects Meta is incompliant with DSA (Digital Services Act) obligations regarding tackling deceptive advertisements, disinformation campaigns, and coordinated inauthentic behavior in the EU.

The Commission also said Meta may have infringed the DSA by demoting political content in the recommendation systems of Instagram and Facebook, which it said may have violated transparency requirements.

“We have a well-established process for identifying and mitigating risks on our platforms,” a Meta spokesperson told CNBC via email.

“We look forward to continuing our cooperation with the European Commission and providing them with further details of this work.”

AI & deepfakes represent 'a new type of information security problem', says Drexel's Matthew Stamm

The bloc also took issue with the lack of availability of an effective third-party, real-time civil discourse and election-monitoring tool ahead of upcoming elections to the European Parliament, plus other votes in various individual member states.

It said Meta is in the process of depreciating its CrowdTangle tool, which is a public insights tool enabling real-time election monitoring by researchers, journalists, and civil society through visual dashboards.

For its part, Meta maintains that CrowdTangle is an inefficient election monitoring tool as it lacks enough publicly available data. The company is building new tools on its systems to provide access to more comprehensive data from its platforms.

Potential big fine

Meta is accused of infringing the Digital Services Act, which is a ground-breaking EU law introduced in late 2020 to set out how regulators take a closer eye on tech giants’ content moderation measures as well as efforts to tackle manipulation of elections.

The DSA, which entered into force on Feb. 17, 2024, requires internet giants to give users information on why they’re being recommended certain websites or other details, and the possibility to opt-out.

Ads on those platforms also have to include a label on who paid for them.

The rules also include provisions for ensuring that platforms mitigate risks of election misinformation and manipulation.

Last week, the Commission conducted a “stress test” to test platforms’ readiness to address manipulative behavior in the run-up to elections.

The regulator said it “detected gaps and areas of improvement,” and identified ways to enhance and strengthen cooperation between stakeholders.

Meta qualifies as a Very Large Online Platform (VLOP) under the EU’s DSA law, meaning it faces stricter controls from regulators and potentially heftier fines if it deviates from the rules in the region.

Failure to comply with the rules could lead to fines of up to 6% of the firm’s global turnover and, ultimately, could lead to a temporary ban from operating in the region.

The Commission said it will continue to gather evidence from Meta, for example by sending additional requests for information or conducting interviews and inspections.

The bloc said it can take further enforcement steps including interim measures and non-compliance decisions, if it deems such a step necessary, or accept commitments made by Meta to remedy issues raised in the proceedings.

It hasn’t set a legal deadline for bringing the formal proceedings to an end.

Continue Reading

Technology

ISS endorses most of activist Ancora’s nominees for Norfolk Southern board

Published

on

By

ISS endorses most of activist Ancora's nominees for Norfolk Southern board

Alan Shaw, CEO, Norfolk Southern

Scott Mlyn | CNBC

Influential proxy advisory firm ISS recommended on Tuesday that Norfolk Southern shareholders support five of activist Ancora’s seven board nominees, withholding an endorsement from CEO pick Jim Barber but describing him as a “credible director and CEO candidate nonetheless.”

ISS’ endorsement, in a report viewed by CNBC, comes one day after Glass Lewis endorsed most of activist investor’s slate of nominees and days after two unions came out in support of Ancora’s proposed management team.

The proxy advisor recommended shareholders support CEO Alan Shaw’s reelection to the board over Barber, but in a rebuke of NSC’s existing governance, it said shareholders should not support current board chair Amy Miles.

Ancora is seeking to oust both current CEO Shaw and newly appointed COO John Orr. The activist holds Shaw accountable for NSC’s historic underperformance relative to peers, and for a disastrous derailment in East Palestine, Ohio, just a few months into his tenure.

Glass Lewis, the other influential proxy advisory firm, said shareholders should support Barber over Shaw in its recommendation Monday. While neither endorsement suggests giving Ancora full control of the board, both provide the dissident with a clear mandate to implement change.

Investors, especially passive index-fund giants like Vanguard and BlackRock, pay close attention to proxy advisors’ recommendations when deciding how to vote their millions of shares. The top three shareholders at Norfolk Southern control more than 16% of shares outstanding.

ISS said in its report that it was clear “that the dissident has presented a balanced slate consisting of qualified nominees, and has generally targeted the appropriate management nominees.”

ISS recommends shareholders support Ancora nominees William Clyburn, Sameh Fahmy, Gilbert Lamphere, Allison Landry and John Kasich.

The proxy advisor said that Norfolk Southern’s governance problems were “most evident” in the board’s failure to communicate with investors and prioritize their “best interests.”

“As board chair, Amy Miles arguably bears the most responsibility for this state of affairs,” ISS’ report read.

Norfolk Southern has taken steps to address investor concerns, including appointing Orr as COO and adding two new directors, former Sen. Heidi Heitkamp and former Delta CEO Richard Anderson. ISS endorsed Anderson’s election but said shareholders should not support Heitkamp.

“There is no evidence suggesting that Heitkamp is in any way unfit to serve, but dissident nominee John Kasich has comparable regulatory and administrative experience,” the ISS report said, mentioning the latter’s “proven ability” to foster compromise.

WATCH: CNBC’s full interview with NSC CEO Shaw on activist campaign

Watch CNBC's full interview with Norfolk Southern CEO Alan Shaw

Continue Reading

Trending