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Google tweaks Android licensing terms in Europe to allow Google app unbundling — for a fee

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Google has announced changes to the licensing model for its Android mobile operating system in Europe,  including introducing a fee for licensing some of its own brand apps, saying it’s doing so to comply with a major European antitrust ruling this summer.

In July the region’s antitrust regulators hit Google with a recordbreaking $5BN fine for violations pertaining to Android, finding the company had abused the dominance of the platform by requiring manufacturers pre-install other Google apps in order to license its popular Play app store. 

Regulators also found Google had made payments to manufacturers and mobile network operators in exchange for exclusively pre-installing Google Search on their devices, and used Play store licensing to prevent manufacturers from selling devices based on Android forks.

Google disputes the Commission’s findings, and last week filed its appeal — a legal process that could take years. But in the meanwhile it’s making changes to how it licenses Android in Europe to avoid the risk of additional penalties heaped on top of the antitrust fine.

Hiroshi Lockheimer, Google’s senior vice president of platforms & ecosystems, revealed the new licensing options in a blog post published today.

Under updated “compatibility agreements”, he writes that mobile device makers will be able to build and sell Android devices intended for the European Economic Area (EEA) both with and without Google mobile apps preloaded — something Google’s same ‘compatibility’ contracts restricted them from doing before, when it was strictly either/or (either you made Android forks, or you made Android devices with Google apps — not both).

“Going forward, Android partners wishing to distribute Google apps may also build non-compatible, or forked, smartphones and tablets for the European Economic Area (EEA),” confirms Lockheimer.

However the company is also changing how it licenses the full Android bundle — which previously required OEMs to load devices with the Google mobile application suite, Google Search and the Chrome browser in order to be able to offer the popular Play Store — by introducing fees for OEMs wanting to pre-load a subset of those same apps under “a new paid licensing agreement for smartphones and tablets shipped into the EEA”.

Though Google stresses there will be no charge for using the Android platform itself. (So a pure fork without any Google services preloaded still wouldn’t require a fee.)

Google also appears to be splitting out Google Search and Chrome from the rest of the Google apps in its mobile suite (which traditionally means stuff like YouTube, the Play Store, Gmail, Google Maps, although Lockheimer’s blog post does not make it clear which exact apps he’s talking about) — letting OEMs selectively unbundle some Google apps, albeit potentially for a fee, depending on the apps in question.

“[D]evice manufacturers will be able to license the Google mobile application suite separately from the Google Search App or the Chrome browser,” is what Lockheimer unilluminatingly writes.

Perhaps Google wants future unbundled Android forks to still be able to have Google Search or Chrome, even if they don’t have the Play store, but it’s really not at all clear which configurations of Google apps will be permitted under the new licensing terms, and which won’t.

“Since the pre-installation of Google Search and Chrome together with our other apps helped us fund the development and free distribution of Android, we will introduce a new paid licensing agreement for smartphones and tablets shipped into the EEA. Android will remain free and open source,” Lockheimer adds, without specifying what the fees will be either. 

“We’ll also offer new commercial agreements to partners for the non-exclusive pre-installation and placement of Google Search and Chrome. As before, competing apps may be pre-installed alongside ours,” he continues to complete his trio of poorly explained licensing changes.

We’ve asked Google to clarify the various permitted and not permitted app configurations, as well as which apps will require a fee (and which won’t), and how much the fees will be, and will update this post with any response.

The devil in all those details should become clear soon though, as Google says the new licensing options will come into effect on October 29 for all new (Android based) smartphones and tablets launched in the EEA.

Update: Google has now confirmed that Google Search and/or Chrome will be available for OEMs to license (non-exclusively) without a fee.

While the Google apps that will require a fee are: Google Play Store, Gmail, Maps, YouTube, Duo, Play Movies, Play Music, Drive and Photos. It is not disclosing the fees being charged.

This suggests OEMs will be able to offer a phone with the Play Store (plus the bundled Google apps) and a non-Google search engine and browser as the default, for example. Or a device without Play but with Google Search or Chrome.

The company also appears to be offering OEMs incentives to place Search or Chrome prominently under the new license.

Responding to Google’s announcement, a Commission spokesperson told us: “It is Google’s responsibility to comply with its obligations under the Decision. The Commission will closely monitor Google’s compliance to ensure that the remedy is effective and respects the Decision.”

“It is for Google to decide exactly how to comply with the Commission’s decision. The decision does not require Google to charge for any of its apps or for the Play Store,” the spokesperson added. “In fact, the Decision is designed to allow, for the first time, competing search and browser providers to compete on the merits with Google for pre-installation on Android devices, leading to greater choice for consumers.

“Android remains licensed for free under an open source regime. The Decision also allows companies, for the first time, to develop and market competing operating systems based on the Android open source code (so-called “Android forks”).”

This article was updated with comment from the European Commission and clarification from Google

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Biden’s executive order limits government’s use of commercial spyware

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President Joe Biden on Monday signed an executive order barring many uses by the federal government of commercial spyware, which has been increasingly used by other countries in recent years to surveil dissidents, journalists, and politicians.

The signing of the executive order came as administration officials told journalists that roughly 50 US government personnel in at least 10 countries had been infected or targeted by such spyware, a larger number than previously known. The officials didn’t elaborate.

Commercial spyware is sold by a host of companies, with the best known being NSO Group of Israel. The company sells a hacking tool known as Pegasus that can surreptitiously compromise both iPhones and Android devices using “clickless” exploits, meaning they require no user interaction. By sending a text or ringing the device, Pegasus can install spying software that steals contacts, messages, geo locations, and more, even when the text or call isn’t answered. Other companies selling commercial spyware include Cytrox, Candiru, and Paragon.
While NSO describes Pegasus as a “lawful intercept” tool that’s sold only to legitimate law-enforcement agencies to investigate crime and terrorism. Mexico, India, Saudi Arabia, the United Arab Emerates, Morocco, and other countries have been caught deploying it against political dissidents, journalists, and other citizens that aren’t accused of any crimes. In November 2021, the Biden administration restricted the export, re-export, and in-country transfer of products from NSO and three other companies in Israel, Russia, and Singapore.

Monday’s executive order goes further by barring federal agencies, including those engaged in law enforcement, defense, or intelligence activities, from “operationally using” commercial spyware.

“The proliferation of commercial spyware poses distinct and growing counterintelligence and security risks to the United States, including to the safety and security of US Government personnel and their families,” a fact sheet published by the White House said. “US Government personnel overseas have been targeted by commercial spyware, and untrustworthy commercial vendors and tools can present significant risks to the security and integrity of US Government information and information systems.”

White House officials aren’t naming the specific spyware that’s barred, but using the term commercial spyware strongly implies it includes tools sold by NSO, Cytrox, Candiru, and others. Criteria for tools falling under the order include if:

  • they’re abused by a foreign government in an attempt to access the device of a US citizen
  • a foreign actor deploys them against activists or dissidents in an attempt to intimidate or curb dissent or opposition or squelch expressions of free speech
  • they’re supplied to governments for which there are credible reports that they engage in systematic acts of political repression.

The officials declined to say if US law enforcement and intelligence agencies currently use commercial spyware. Last year, the FBI confirmed a New York Times report that the bureau had bought NSO Group’s Pegasus tool for product testing and evaluation but said they weren’t used for operational purposes or to support any investigation. The US Drug Enforcement Agency, the NYT has also reported, deployed a surveillance tool called Graphite for use in counternarcotics operations.

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The power of AI compels you to believe this fake image of Pope in a puffy coat

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Enlarge / An AI-generated photo of Pope Francis wearing a puffy white coat that went viral on social media.

Over the weekend, an AI-generated image of Pope Francis wearing a puffy white coat went viral on Twitter, and apparently many people believed it was a real image. Since then, the puffy pontiff has inspired commentary on the deceptive nature of AI-generated images, which are now nearly photorealistic.

The pope image, created using Midjourney v5 (an AI image synthesis model), first appeared in a tweet by a user named Leon (@skyferrori) on Saturday and quickly began circulating as part of other meme tweets featuring similar images as well, including one that humorously speculates about a pope “lifestyle brand.”

Not long after, Twitter attached a reader-added context warning to the tweet that reads, “This is an AI-generated image of Pope Francis. It is not a genuine photo.

As noted in our piece on last week’s AI-generated Donald Trump arrest photos, Twitter guidelines state that users “may not deceptively share synthetic or manipulated media that are likely to cause harm.” Although in this case, the line between harm and parody might be a fuzzy one.

How do we know the image is fake? Aside from a Reddit post containing alternative images of the Pope from the person that likely made it, The Verge breaks down the evidence fairly well in a piece analyzing the impact of the false image. For example, if you zoom in on details, you’ll see telltale signs of image synthesis in warped details like the pope’s crucifix necklace, the crooked shadow of his glasses, and whatever he is carrying in his hand (a cup?).

But still, upon a quick glance, the false photo (“fauxto”?) looks fairly realistic. And as The Verge notes, a stylish image of Pope Francis plays into our beliefs about the papacy, which often involves wild non-fake imagery—although Pope Francis is known for his “humble” outfits.

A Midjourney journey

The image service used to create the fake photo, Midjourney, debuted last year. Along with DALL-E and Stable Diffusion, it’s one of three major image synthesis models that have become popular online. All three allow users to generate novel images using only text descriptions called “prompts.”

Our experiments with
Enlarge / Our experiments with “Pope Francis in a 1990s white puffer jacket,” created using Midjourney v5.

Midjourney

In this case, the prompt used to create the puffy pope photo might have been as simple as “Pope Francis in a puffy white coat” because Midjourney has made huge leaps in photorealism recently, rendering complex scenes full of details from relatively simple prompts.

What this almost effortless capability to fake photos means for the future of media is still uncertain, but as we’ve speculated before, due to image synthesis, we may never be able to believe what we see online again.

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Hobbyist builds ChatGPT client for MS-DOS

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Enlarge / A photo of an IBM PC 5155 portable computer running a ChatGPT client written by Yeo Kheng Meng.

On Sunday, Singapore-based retrocomputing enthusiast Yeo Kheng Meng released a ChatGPT client for MS-DOS that can run on a 4.77 MHz IBM PC from 1981, providing a unique way to converse with the popular OpenAI language model.

Vintage computer development projects come naturally to Yeo, who created a Slack client for Windows 3.1 back in 2019. “I thought to try something different this time and develop for an even older platform as a challenge,” he writes on his blog. In this case, he turned his attention to MS-DOS, a text-only operating system first released in 1981, and ChatGPT, an AI-powered large language model (LLM) released by OpenAI in November.

As a conversational AI model, ChatGPT draws on knowledge scraped from the Internet to answer questions and generate text. Thanks to an API that launched his month, anyone with the programming chops can interface ChatGPT with their own custom application.

Thanks to his new app, which can run on MS-DOS, Yeo can use a vintage IBM PC-compatible computer to chat with ChatGPT over the Internet. It’s a similar back-and-forth conversation as the traditional ChatGPT web interface, albeit as a text-only, full-screen application running on the antique machine.

Development challenges

A photo of an IBM PC 5155 computer running a ChatGPT client written by Yeo Kheng Meng.
Enlarge / A photo of an IBM PC 5155 computer running a ChatGPT client written by Yeo Kheng Meng.

MS-DOS posed a particularly challenging platform for a ChatGPT client, lacking native networking abilities. In addition, Yeo targeted a computer with very limited processing power: a 1984 IBM 5155 Portable PC, which includes an Intel 8088 4.77 MHz CPU, 640KB conventional memory, CGA ISA graphics, and MS-DOS 6.22.

To create the client, Yeo used Open Watcom C/C++, a modern compiler running on Windows 11 that can target 16-bit DOS platforms. For testing purposes, he used a VirtualBox virtual machine running DOS 6.22 to streamline the development process, then he transferred the compiled binary to the target IBM DOS PC for testing.

To handle networking on the IBM PC, Yeo needed to weave his way through several layers. First, Yeo utilized a “Packet Driver API” standard invented in 1983. He integrated the open source MTCP library by Michael B. Brutman into the application to communicate with the Packet Driver, enabling networking capabilities for the client.

For the ChatGPT API, Yeo used OpenAI’s Chat Completion API, constructing the POST request (and parsing the JSON-formatted response) manually in C.

However, Yeo hit a major snag: the ChatGPT APIs require encrypted HTTPS connections. Since there are no native HTTPS libraries for MS-DOS, Yeo had to create an HTTP-to-HTTPS proxy that can run on a modern computer and translate the requests and responses between the MS-DOS client and ChatGPT’s secure API, acting as a transparent middleman in the communication process.

Yeo says that reading and writing input to the console presented another challenge due to the single-threaded nature of DOS applications. He devised a method to check and receive keypresses without pausing the program using the MTCP page and online samples as a reference.

In the end, the client works better than Yeo expected, and he looks forward to more retro challenges in the future: “After experiencing this, I will definitely be writing more retro-software in future,” he writes in a blog post that describes his development process in more detail.

Yeo has released his code (called “doschgpt”) on GitHub if others want to run it themselves—or perhaps improve or extend the code in the future. With a little creativity, the latest tech in AI language models need not be limited to cutting-edge machines.

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