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There’s still a lot of life left in one of gaming’s best handhelds. | Photo by James Bareham / The Verge

If you’re looking for some interactive entertainment to keep your brain engaged during summer travels, the Nintendo Switch is a great companion. Even with the Switch 2 confirmed to be in the works, it’s still worth picking up the original if you don’t already have one. Now through May 31st, there’s a great chance to scoop one up at a lower price than you’ll find at retail.
You could go with a refurbished unit of the handheld-only Switch Lite, for example, which is down to $160.99 ($39 off) at Woot for a light blue “Timmy and Tommy Aloha” model or $164.95 (about $35 off) at Woot for one in coral pink.

If you anticipate wanting to play on a TV, you can pick up an original Nintendo Switch model with a dock and detachable Joy-Con controllers in refurbished condition for $239.99 ($60 off) at Woot. You can also buy the updated LCD model that has improved battery life in new condition with aftermarket packaging for $259.99 ($40 off), also at Woot. Each purchase includes Woot’s 90-day limited warranty.
The Nintendo Switch might not get all of the same AAA gaming experiences that the PlayStation 5 and Xbox Series X / S do, but there’s a healthy mix of new releases in the pipeline. You’ll also get to explore an expansive back catalog, which features first-party blockbusters like The Legend of Zelda: Tears of the Kingdom, Pokémon Legends: Arceus, and Super Mario Bros. Wonder.
There are also tons of third-party titles, a horde of remakes and remasters like the newly released Paper Mario: The Thousand-Year Door, retro collections, and even classic titles from the NES, SNES, Game Boy, and N64 that are included as part of a Switch Online membership (starting at $3.99 a month or $19.99 a year).

More deals for the big holiday weekend

If you’re in the Philips Hue smart lighting ecosystem, the brand’s Play HDMI Sync Box could be a fun addition. Now down to a record-low $174.99 ($75 off) from Philips, the box lets you plug in up to four HDMI sources, allowing your lights to match colors with the content you watch or respond to the beat of what you listen to. It supports 4K HDR10 Plus and Dolby Vision content at refresh rates up to 60Hz, so it may not be the best fit for newer gaming consoles if you need to play up to 144Hz (though it does support the faster refresh rate if you play in 1440p). It does require the Hue Bridge, which adds another $59.99 to your purchase if you don’t already have one.

Sony’s affordable WH-CH520 wireless headphones are down to around $38 (about $22 off) at Amazon, Best Buy, and Walmart, matching their all-time low. The affordable on-ear headphones can’t exactly compare to a more substantial pair like Sony’s WH-1000XM5 or even the WH-CH720N, but that’s to be expected considering the staggering cost difference. You’ll miss out on noise cancellation and some other advanced features, and they might not be quite as comfy as their more expensive siblings. However, the WH-CH520 should offer solid sound quality in a pinch, and the battery is rated to last up to an impressive 50 hours. You’ll also get Bluetooth multipoint for seamless multi-device switching, fast pairing with Google Find My Device support, and voice-activated Google Assistant and Siri.
There’s a rare sale going on for Adobe’s Creative Cloud Photography plan with 1TB of cloud storage. You’ll get 12 months of access for $99.99 ($140 off) at Newegg with promo code MDBDS2A395. While you can stack subscriptions up to three years, you can only use one code per account. It’s easily the best deal we’ve seen for the bundle, which normally costs $19.99 a month (about $240 a year) for unmitigated access to the latest Photoshop and Lightroom features across desktop and mobile. It’s great timing, too, with Adobe bringing out updates for the new Windows Copilot Plus PCs that are launching soon and an ever-improving suite of generative AI tools that make image manipulation easier than ever.

There’s still a lot of life left in one of gaming’s best handhelds. | Photo by James Bareham / The Verge

If you’re looking for some interactive entertainment to keep your brain engaged during summer travels, the Nintendo Switch is a great companion. Even with the Switch 2 confirmed to be in the works, it’s still worth picking up the original if you don’t already have one. Now through May 31st, there’s a great chance to scoop one up at a lower price than you’ll find at retail.

You could go with a refurbished unit of the handheld-only Switch Lite, for example, which is down to $160.99 ($39 off) at Woot for a light blue “Timmy and Tommy Aloha” model or $164.95 (about $35 off) at Woot for one in coral pink.

If you anticipate wanting to play on a TV, you can pick up an original Nintendo Switch model with a dock and detachable Joy-Con controllers in refurbished condition for $239.99 ($60 off) at Woot. You can also buy the updated LCD model that has improved battery life in new condition with aftermarket packaging for $259.99 ($40 off), also at Woot. Each purchase includes Woot’s 90-day limited warranty.

The Nintendo Switch might not get all of the same AAA gaming experiences that the PlayStation 5 and Xbox Series X / S do, but there’s a healthy mix of new releases in the pipeline. You’ll also get to explore an expansive back catalog, which features first-party blockbusters like The Legend of Zelda: Tears of the Kingdom, Pokémon Legends: Arceus, and Super Mario Bros. Wonder.

There are also tons of third-party titles, a horde of remakes and remasters like the newly released Paper Mario: The Thousand-Year Door, retro collections, and even classic titles from the NES, SNES, Game Boy, and N64 that are included as part of a Switch Online membership (starting at $3.99 a month or $19.99 a year).

More deals for the big holiday weekend

If you’re in the Philips Hue smart lighting ecosystem, the brand’s Play HDMI Sync Box could be a fun addition. Now down to a record-low $174.99 ($75 off) from Philips, the box lets you plug in up to four HDMI sources, allowing your lights to match colors with the content you watch or respond to the beat of what you listen to. It supports 4K HDR10 Plus and Dolby Vision content at refresh rates up to 60Hz, so it may not be the best fit for newer gaming consoles if you need to play up to 144Hz (though it does support the faster refresh rate if you play in 1440p). It does require the Hue Bridge, which adds another $59.99 to your purchase if you don’t already have one.

Sony’s affordable WH-CH520 wireless headphones are down to around $38 (about $22 off) at Amazon, Best Buy, and Walmart, matching their all-time low. The affordable on-ear headphones can’t exactly compare to a more substantial pair like Sony’s WH-1000XM5 or even the WH-CH720N, but that’s to be expected considering the staggering cost difference. You’ll miss out on noise cancellation and some other advanced features, and they might not be quite as comfy as their more expensive siblings. However, the WH-CH520 should offer solid sound quality in a pinch, and the battery is rated to last up to an impressive 50 hours. You’ll also get Bluetooth multipoint for seamless multi-device switching, fast pairing with Google Find My Device support, and voice-activated Google Assistant and Siri.
There’s a rare sale going on for Adobe’s Creative Cloud Photography plan with 1TB of cloud storage. You’ll get 12 months of access for $99.99 ($140 off) at Newegg with promo code MDBDS2A395. While you can stack subscriptions up to three years, you can only use one code per account. It’s easily the best deal we’ve seen for the bundle, which normally costs $19.99 a month (about $240 a year) for unmitigated access to the latest Photoshop and Lightroom features across desktop and mobile. It’s great timing, too, with Adobe bringing out updates for the new Windows Copilot Plus PCs that are launching soon and an ever-improving suite of generative AI tools that make image manipulation easier than ever.

Read More 

Fans outside the Nintendo store in NYC in 2017. | Photo by Megan Farokhmanesh / The Verge

Nearly 20 years after opening its first store in the US, Nintendo is adding another location. The store will be located in San Francisco’s Union Square, with its doors opening to fans in 2025.
Nintendo’s first — and only — American retail location opened in New York City in 2005. The two-story spot offers Nintendo games, merchandise, hardware, and accessories for sale on the first level, while the second floor features display cases dedicated to all of Nintendo’s consoles.
Nintendo also has stores at its theme parks, including Super Nintendo World at Universal Studios Hollywood in California, but this marks its second standalone location in the US. Over the past couple of years, Nintendo’s empire has expanded outside the realm of video games, not only bringing its iconic characters to theme parks but also to movies. Next year, Super Nintendo World will open in Universal Orlando with the first Donkey Kong Country section in the US.
Nintendo doesn’t offer any details on what the San Francisco store will include other than saying it will provide “a way for a wide range of visitors from near and far to experience the world of Nintendo, its products, and characters.” Besides New York City, Nintendo also has three other stores in Japan, including Tokyo, Osaka, and Kyoto.
The name of the new store? It’s Nintendo San Francisco, but I was kind of hoping it’d be called Nintendo Toad Harbor.

Fans outside the Nintendo store in NYC in 2017. | Photo by Megan Farokhmanesh / The Verge

Nearly 20 years after opening its first store in the US, Nintendo is adding another location. The store will be located in San Francisco’s Union Square, with its doors opening to fans in 2025.

Nintendo’s first — and only — American retail location opened in New York City in 2005. The two-story spot offers Nintendo games, merchandise, hardware, and accessories for sale on the first level, while the second floor features display cases dedicated to all of Nintendo’s consoles.

Nintendo also has stores at its theme parks, including Super Nintendo World at Universal Studios Hollywood in California, but this marks its second standalone location in the US. Over the past couple of years, Nintendo’s empire has expanded outside the realm of video games, not only bringing its iconic characters to theme parks but also to movies. Next year, Super Nintendo World will open in Universal Orlando with the first Donkey Kong Country section in the US.

Nintendo doesn’t offer any details on what the San Francisco store will include other than saying it will provide “a way for a wide range of visitors from near and far to experience the world of Nintendo, its products, and characters.” Besides New York City, Nintendo also has three other stores in Japan, including Tokyo, Osaka, and Kyoto.

The name of the new store? It’s Nintendo San Francisco, but I was kind of hoping it’d be called Nintendo Toad Harbor.

Read More 

Illustration: The Verge

Some writers have declared that the debut of ChatGPT on November 30th, 2022, marked the beginning of a new chapter in history akin to the Enlightenment and the Industrial Revolution. Others have been more skeptical, wondering if this is just another overhyped tech, like blockchain or the metaverse.
What history will call ChatGPT remains to be seen, but here’s one thing I do know for sure: nobody has shut up about it since.
From injecting itself into presidential debates and Saturday Night Live sketches to creepily flirting with talking to you Her-style (well, briefly at least), ChatGPT has captured the public imagination in a way few technologies have. It’s not hard to see why. The bot can code, compose music, craft essays… you name it. And with the release of GPT-4o, it’s even better than ever.
Yet, as it gets smarter, the tech is also becoming less comprehensible. People are also getting more scared of what it can do, which is understandable given some are already losing their jobs to AI. It doesn’t help that a lot of sensationalism surrounds the subject, making it difficult to separate fact from fiction.
That’s why we decided to throw together this explainer so we can cut through all the BS together. You ready? Let’s begin.
What is ChatGPT?
Do you want the simplistic answer or the complex one?
The easy answer is that ChatGPT is a chatbot that can answer your questions by using data it’s gathered from the internet.
The complex answer is that ChatGPT is an AI chatbot powered by language models created by OpenAI that are known as generative pre-trained transformers (GPTs), a kind of AI that can actually generate new content altogether as opposed to just analyzing data. (If you’ve heard of large language models, or LLMs, a GPT is a type of LLM. Got it? Good.)
So what’s OpenAI?
OpenAI is an AI company founded in December 2015. It created ChatGPT, but it’s also responsible for other products, like the AI image generator DALL-E.
Doesn’t Microsoft own it? Or was that Elon Musk?
No, but Microsoft is a major investor, pouring billions into the tech. Elon Musk co-founded OpenAI along with fired and rehired OpenAI CEO Sam Altman, Ilya Sutskever (who has since left), Greg Brockman, Wojciech Zaremba, and John Schulman. However, Musk eventually cut ties to create his own chatbot called Grok.
So, will ChatGPT take over the world?
It will most definitely replace people with machines and — along with other AI bots like Amazon’s Alexa — basically take over the world. So you’d better start playing nice with them.
Nah, I’m messing with you. I mean, nobody knows for sure, but I highly doubt we’re going to see a job apocalypse and have to welcome in our new robot overlords anytime soon. I’ll explain more in a minute.
Phew! But how is it so smart?
Well, like I said, ChatGPT runs on GPTs, which OpenAI regularly updates with new versions, the most recent being GPT-4o. Trained by humans and a ton of internet data, each model can generate human-like conversations so you can complete all kinds of tasks.
Like?
Where do I begin? The possibilities are practically endless, from composing essays and writing code to analyzing data, solving math problems, playing games, providing customer support, planning trips, helping you prepare for job interviews, and so much more.
Here’s just a short list of what it’s capable of:

Passing MBA exams

Being your girlfriend
Writing really uncreative TV scripts
Helping with medical diagnoses
Explaining complex scientific concepts
Drafting college essays
Advertising Coke (the soda)

I mean, honestly, it could probably summarize this entire explainer. The AI world is your oyster.
So what you’re saying is, it’s basically smarter than me. Should I be worried?
Eh, not really. For all its hype, at its current level, ChatGPT — like other generative AI chatbots — is very much a dim-witted computer that sits on a throne of lies. For one thing, it hallucinates.
Pardon?
Oh, sorry, not that kind of hallucination. Hallucination in the AI world refers to an AI-generated process in which the tool tries to extrapolate and create from collected data but gets it absurdly wrong, in turn creating a new reality.
Honestly, I’m not a big fan of the word. It doesn’t really bear resemblance to actual human hallucinations, and I think it makes light of mental health issues — but that’s another subject.
In other words, sometimes ChatGPT generates incorrect information?
Incorrect information is a weak way of putting it.
Sometimes ChatGPT actually fabricates facts altogether, which can lead to the spread of misinformation with serious consequences. It’s made up news stories, academic papers, and books. Lawyers using it for case research have gotten in trouble when it cited nonexistent laws.
And then, there are times when it gives the middle finger to both reality and human language and just spouts out pure gibberish. Earlier this year, for example, a malfunctioning ChatGPT that was asked for a Jackson family biography started saying stuff like, “Schwittendly, the sparkle of tourmar on the crest has as much to do with the golver of the ‘moon paths’ as it shifts from follow.” Which is probably the worst description of Michael Jackson’s family in the world.

Photo: CBS Television via Wikipedia
The Jackson 5 deserved better, ChatGPT.

Right, but isn’t ChatGPT getting better?
Maybe. Maybe not.
Many AI researchers are trying to fix this issue. However, a lot of AI researchers think hallucinations are fundamentally unsolvable, as a study out of the National University of Singapore suggests.
But hallucinations aren’t the only issue ChatGPT needs to iron out. Remember, ChatGPT essentially just regurgitates material it scrapes off the internet, whether it’s accurate or not. That means, sometimes, ChatGPT plagiarizes other people’s work without attributing it to them, even sparking copyright infringement lawsuits.
It can also pick up some really bad data. Likely drawing from the more unpleasant parts of the internet, it’s gone so far as to insult and manipulate users. Hell, sometimes it’s just downright racist and sexist.
So, basically, what I’m hearing is ChatGPT — like other generative AI chatbots — has a lot of critical flaws, and we humans are still needed to keep them in check.
Exactly.
But isn’t it possible OpenAI could iron out these issues in time?
Anything’s possible. But I would say that one thing is for sure: AI is here to stay, and so it wouldn’t hurt to learn how to leverage these tools. Plus, they really can make life easier in the here and now if you know how to use them.
So, how do I start playing around with it?
If you’re on a desktop, simply visit chat.openai.com and start chatting away. Alternatively, you can also access ChatGPT via an app on your iPhone or Android device.
Great! Is it free?
Absolutely. The free version of ChatGPT runs on an older model in the GPT-3.5 series but does offer limited access to the newer and faster GPT-4o. That means free users, for example, will soon be able to access previously paywalled features, like custom GPTs, through the GPT Store.
ChatGPT also now freely supports the chatbot’s web browsing tool, meaning it can now search the internet in real time to deliver up-to-date, accurate results. The new model can also recall earlier conversations, allowing it to better understand the context of your request, while users can now upload photos and files for ChatGPT to analyze.
Why would I want one of the paid tiers?
You do get more advanced capabilities through its paid tiers — ChatGPT Plus, ChatGPT Team, and ChatGPT Enterprise — which start at $20 a month.
For starters, you have fewer usage restrictions, rendering them the better option if you plan on using ChatGPT often. Free users have usage limits OpenAI has yet to specify but has said that Plus subscribers are allowed to send five times as many messages as free users. The pricier Team and Enterprise subscription plans offer even fewer usage restrictions, though at this point, OpenAI has yet to divulge specifics.
Aside from being able to use ChatGPT longer, paid subscribers can do more. They can, for example, create their own custom GPTs and even monetize them via the GPT Store. Plus, only paid subscribers can access the DALL-E 3 model, which generates images from text prompts.
Paid subscribers also get early access to the newest AI features. The voice capabilities OpenAI demonstrated onstage should arrive over the next couple of weeks for Plus subscribers, while ChatGPT’s desktop app for Mac computers is already rolling out for Plus users.
Custom GPTs?
Custom GPTs are basically chatbots you can customize. There are millions of versions on the GPT Store that you can use to accomplish all kinds of tasks, from providing tech support to personalized hiking trail recommendations. Some customized GPTs currently trending include an image generating bot, a bot that makes logos, and a chatbot that helps people perform scientific research.
By the way, what’s all this I hear about trouble within OpenAI?
There have been some upheavals in the company — we’ll keep you in the loop.
Are there any ChatGPT alternatives I could check out?
Yes, there are quite a few, and each varies in terms of features, pricing, and specific use cases. One notable example is Google’s AI chat service Gemini. As a Google product, it offers deeper integration with Google services like Workspace, Calendar, Gmail, Search, YouTube, and Flights. The latest version, Gemini 1.5 Pro, also offers a longer 2 million token context window, which refers to the amount of information the AI model can understand.
Anything else you think I should know?
Yeah! Did you know ChatGPT sounds like “chat j’ai pété” in French, which roughly translates to “cat, I farted.” Somebody even created a website with a cat who farts when you click on it, and I just can’t stop clicking.

Image Credit: Chat J’ai Pété
The French version of ChatGPT.

I know. I’m sorry.
You should be.

Illustration: The Verge

Some writers have declared that the debut of ChatGPT on November 30th, 2022, marked the beginning of a new chapter in history akin to the Enlightenment and the Industrial Revolution. Others have been more skeptical, wondering if this is just another overhyped tech, like blockchain or the metaverse.

What history will call ChatGPT remains to be seen, but here’s one thing I do know for sure: nobody has shut up about it since.

From injecting itself into presidential debates and Saturday Night Live sketches to creepily flirting with talking to you Her-style (well, briefly at least), ChatGPT has captured the public imagination in a way few technologies have. It’s not hard to see why. The bot can code, compose music, craft essays… you name it. And with the release of GPT-4o, it’s even better than ever.

Yet, as it gets smarter, the tech is also becoming less comprehensible. People are also getting more scared of what it can do, which is understandable given some are already losing their jobs to AI. It doesn’t help that a lot of sensationalism surrounds the subject, making it difficult to separate fact from fiction.

That’s why we decided to throw together this explainer so we can cut through all the BS together. You ready? Let’s begin.

What is ChatGPT?

Do you want the simplistic answer or the complex one?

The easy answer is that ChatGPT is a chatbot that can answer your questions by using data it’s gathered from the internet.

The complex answer is that ChatGPT is an AI chatbot powered by language models created by OpenAI that are known as generative pre-trained transformers (GPTs), a kind of AI that can actually generate new content altogether as opposed to just analyzing data. (If you’ve heard of large language models, or LLMs, a GPT is a type of LLM. Got it? Good.)

So what’s OpenAI?

OpenAI is an AI company founded in December 2015. It created ChatGPT, but it’s also responsible for other products, like the AI image generator DALL-E.

Doesn’t Microsoft own it? Or was that Elon Musk?

No, but Microsoft is a major investor, pouring billions into the tech. Elon Musk co-founded OpenAI along with fired and rehired OpenAI CEO Sam Altman, Ilya Sutskever (who has since left), Greg Brockman, Wojciech Zaremba, and John Schulman. However, Musk eventually cut ties to create his own chatbot called Grok.

So, will ChatGPT take over the world?

It will most definitely replace people with machines and — along with other AI bots like Amazon’s Alexa — basically take over the world. So you’d better start playing nice with them.

Nah, I’m messing with you. I mean, nobody knows for sure, but I highly doubt we’re going to see a job apocalypse and have to welcome in our new robot overlords anytime soon. I’ll explain more in a minute.

Phew! But how is it so smart?

Well, like I said, ChatGPT runs on GPTs, which OpenAI regularly updates with new versions, the most recent being GPT-4o. Trained by humans and a ton of internet data, each model can generate human-like conversations so you can complete all kinds of tasks.

Like?

Where do I begin? The possibilities are practically endless, from composing essays and writing code to analyzing data, solving math problems, playing games, providing customer support, planning trips, helping you prepare for job interviews, and so much more.

Here’s just a short list of what it’s capable of:

Passing MBA exams

Being your girlfriend
Writing really uncreative TV scripts
Helping with medical diagnoses
Explaining complex scientific concepts
Drafting college essays
Advertising Coke (the soda)

I mean, honestly, it could probably summarize this entire explainer. The AI world is your oyster.

So what you’re saying is, it’s basically smarter than me. Should I be worried?

Eh, not really. For all its hype, at its current level, ChatGPT — like other generative AI chatbots — is very much a dim-witted computer that sits on a throne of lies. For one thing, it hallucinates.

Pardon?

Oh, sorry, not that kind of hallucination. Hallucination in the AI world refers to an AI-generated process in which the tool tries to extrapolate and create from collected data but gets it absurdly wrong, in turn creating a new reality.

Honestly, I’m not a big fan of the word. It doesn’t really bear resemblance to actual human hallucinations, and I think it makes light of mental health issues — but that’s another subject.

In other words, sometimes ChatGPT generates incorrect information?

Incorrect information is a weak way of putting it.

Sometimes ChatGPT actually fabricates facts altogether, which can lead to the spread of misinformation with serious consequences. It’s made up news stories, academic papers, and books. Lawyers using it for case research have gotten in trouble when it cited nonexistent laws.

And then, there are times when it gives the middle finger to both reality and human language and just spouts out pure gibberish. Earlier this year, for example, a malfunctioning ChatGPT that was asked for a Jackson family biography started saying stuff like, “Schwittendly, the sparkle of tourmar on the crest has as much to do with the golver of the ‘moon paths’ as it shifts from follow.” Which is probably the worst description of Michael Jackson’s family in the world.

Photo: CBS Television via Wikipedia
The Jackson 5 deserved better, ChatGPT.

Right, but isn’t ChatGPT getting better?

Maybe. Maybe not.

Many AI researchers are trying to fix this issue. However, a lot of AI researchers think hallucinations are fundamentally unsolvable, as a study out of the National University of Singapore suggests.

But hallucinations aren’t the only issue ChatGPT needs to iron out. Remember, ChatGPT essentially just regurgitates material it scrapes off the internet, whether it’s accurate or not. That means, sometimes, ChatGPT plagiarizes other people’s work without attributing it to them, even sparking copyright infringement lawsuits.

It can also pick up some really bad data. Likely drawing from the more unpleasant parts of the internet, it’s gone so far as to insult and manipulate users. Hell, sometimes it’s just downright racist and sexist.

So, basically, what I’m hearing is ChatGPT — like other generative AI chatbots — has a lot of critical flaws, and we humans are still needed to keep them in check.

Exactly.

But isn’t it possible OpenAI could iron out these issues in time?

Anything’s possible. But I would say that one thing is for sure: AI is here to stay, and so it wouldn’t hurt to learn how to leverage these tools. Plus, they really can make life easier in the here and now if you know how to use them.

So, how do I start playing around with it?

If you’re on a desktop, simply visit chat.openai.com and start chatting away. Alternatively, you can also access ChatGPT via an app on your iPhone or Android device.

Great! Is it free?

Absolutely. The free version of ChatGPT runs on an older model in the GPT-3.5 series but does offer limited access to the newer and faster GPT-4o. That means free users, for example, will soon be able to access previously paywalled features, like custom GPTs, through the GPT Store.

ChatGPT also now freely supports the chatbot’s web browsing tool, meaning it can now search the internet in real time to deliver up-to-date, accurate results. The new model can also recall earlier conversations, allowing it to better understand the context of your request, while users can now upload photos and files for ChatGPT to analyze.

Why would I want one of the paid tiers?

You do get more advanced capabilities through its paid tiers — ChatGPT Plus, ChatGPT Team, and ChatGPT Enterprise — which start at $20 a month.

For starters, you have fewer usage restrictions, rendering them the better option if you plan on using ChatGPT often. Free users have usage limits OpenAI has yet to specify but has said that Plus subscribers are allowed to send five times as many messages as free users. The pricier Team and Enterprise subscription plans offer even fewer usage restrictions, though at this point, OpenAI has yet to divulge specifics.

Aside from being able to use ChatGPT longer, paid subscribers can do more. They can, for example, create their own custom GPTs and even monetize them via the GPT Store. Plus, only paid subscribers can access the DALL-E 3 model, which generates images from text prompts.

Paid subscribers also get early access to the newest AI features. The voice capabilities OpenAI demonstrated onstage should arrive over the next couple of weeks for Plus subscribers, while ChatGPT’s desktop app for Mac computers is already rolling out for Plus users.

Custom GPTs?

Custom GPTs are basically chatbots you can customize. There are millions of versions on the GPT Store that you can use to accomplish all kinds of tasks, from providing tech support to personalized hiking trail recommendations. Some customized GPTs currently trending include an image generating bot, a bot that makes logos, and a chatbot that helps people perform scientific research.

By the way, what’s all this I hear about trouble within OpenAI?

There have been some upheavals in the company — we’ll keep you in the loop.

Are there any ChatGPT alternatives I could check out?

Yes, there are quite a few, and each varies in terms of features, pricing, and specific use cases. One notable example is Google’s AI chat service Gemini. As a Google product, it offers deeper integration with Google services like Workspace, Calendar, Gmail, Search, YouTube, and Flights. The latest version, Gemini 1.5 Pro, also offers a longer 2 million token context window, which refers to the amount of information the AI model can understand.

Anything else you think I should know?

Yeah! Did you know ChatGPT sounds like “chat j’ai pété” in French, which roughly translates to “cat, I farted.” Somebody even created a website with a cat who farts when you click on it, and I just can’t stop clicking.

Image Credit: Chat J’ai Pété
The French version of ChatGPT.

I know. I’m sorry.

You should be.

Read More 

You can set your coffee to the exact temperature you like via the Ember Mug 2’s accompanying smartphone app. | Image: Ember

Without coffee, many of us would probably cease to exist. It’s arguably one of our most important productivity tools, which is why I personally think it’s important to invest some money into it. And right now, one of our favorite coffee gadgets, the 14-ounce Ember Mug 2, is down to a new low of $89.99 ($60 off) at Best Buy. You’ll have to act quickly, though, as the deal ends at 9PM PT today, May 24th.

With the Ember Mug 2, you don’t have to constantly get up to microwave your lukewarm coffee. The self-heating smart mug can regulate its own temperature with the help of an accompanying app for Android and iOS, which lets you easily set your desired temp. In fact, you can even warm it all the way up to 145 degrees Fahrenheit, if you like, to drink your coffee piping hot. The mug’s built-in battery can keep your coffee warm for up to 80 minutes, or you can use the included charging coaster to keep it warm indefinitely. You can even use it to heat up other beverages, including hot cocoa or tea, if you’re craving something warm and relaxing that won’t keep you up at night. No wonder it’s become a guilty pleasure among Verge staffers.

You can set your coffee to the exact temperature you like via the Ember Mug 2’s accompanying smartphone app. | Image: Ember

Without coffee, many of us would probably cease to exist. It’s arguably one of our most important productivity tools, which is why I personally think it’s important to invest some money into it. And right now, one of our favorite coffee gadgets, the 14-ounce Ember Mug 2, is down to a new low of $89.99 ($60 off) at Best Buy. You’ll have to act quickly, though, as the deal ends at 9PM PT today, May 24th.

With the Ember Mug 2, you don’t have to constantly get up to microwave your lukewarm coffee. The self-heating smart mug can regulate its own temperature with the help of an accompanying app for Android and iOS, which lets you easily set your desired temp. In fact, you can even warm it all the way up to 145 degrees Fahrenheit, if you like, to drink your coffee piping hot. The mug’s built-in battery can keep your coffee warm for up to 80 minutes, or you can use the included charging coaster to keep it warm indefinitely. You can even use it to heat up other beverages, including hot cocoa or tea, if you’re craving something warm and relaxing that won’t keep you up at night. No wonder it’s become a guilty pleasure among Verge staffers.

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You want a fit that’s snug but not too snug. | Photo by Allison Johnson / The Verge

Getting a smart ring is a little more complicated than getting a smartwatch. To buy one, you need to acquire a sizing kit, try on a bunch of sample rings, find your size, wear it for 24 hours, make sure it fits properly, let the company know your size, and then, you get your smart ring. At least, that’s how it usually works. Apparently, you may be able to skip that process entirely with Samsung’s upcoming Galaxy Ring — I just wouldn’t necessarily recommend it.
Leaker Evan Blass posted a screenshot of the Samsung Galaxy Ring’s delivery process in his latest Substack post. Like other smart rings, you have the option of getting sent a sizing kit. It does note, however, that the Galaxy Ring follows US standard sizing and that if you know your ring size, you can just order the ring directly.
On the one hand, this shortens a tedious process. You can easily and affordably buy a standard ring sizer off of Amazon or Etsy. Or, if you happen to wear a lot of rings, you might know your ring size already. Where it gets dicey is that smart rings and regular rings absolutely do not wear the same.

Image: Evan Blass
Option two is more convenient, but even though I know my size, I’d still get the sizing kit.

Fun story, my engagement ring was bought based on my Oura Ring size. It was entirely too big for my ring finger, and I had to get it resized at the jeweler. This was my bad. I hadn’t warned my partner that the Oura Ring comes in sizes that are slightly larger than US standard sizing. But that said, my standard size is a 7.5. Thus far, no smart ring comes in half sizes. From what we know about the Galaxy Ring, it doesn’t look like Samsung is offering half sizes, either.
For folks who fall between sizes, the general rule of thumb is to go for the bigger size with smart rings. But that’s where sizing kits come in handy. Unlike your wrist, your fingers swell. It can be hard to yank a ring off in the summer compared to winter. I also find it difficult if I’ve eaten a salty meal, taken a hot shower, or am feeling otherwise bloated. Conversely, it’s much easier after I’ve woken up in the morning or washed my hands with cold water. I don’t have particularly fleshy fingers, either — but dang, mom and dad gave me some gnarly knuckles. This is why other smart ring companies recommend you wear a sample ring for at least 24 hours. You won’t find out a lot of these nuances until you actually wear the dang thing.

Photo by Amelia Holowaty Krales / The Verge
Smart rings and regular rings wear very differently.

My other gripe with smart ring sizing is that it doesn’t always take into account the seasons of life. After my mom died, I gained 15 pounds. Then I lost 15 pounds. I put on some muscle. For my body, I’ve learned that small weight fluctuations can make wearing smart rings annoying. Regular rings are much thinner, and the materials aren’t always as rigid. That gives a bit more flexibility. I need to gain around 20 pounds before I start having issues with my regular rings. Plus, in a pinch, I could always have them resized. I can’t do that with a smart ring. One thing a sizing kit can help with is understanding how differences in materials and rigidity manifest for you — and whether those differences are okay for daily long-term wear.
The perfect smart ring fit is snug but not too snug. The sensors need to align with the underside of your finger. If your ring is too loose, it might twist around your finger willy-nilly. If it’s too snug, trust me — it can really hurt taking it off. It’s not quite as simple as cutting a smart ring off, either.
These are all reasons why, although I know my ring size for each of my fingers, I always insist on getting the smart ring sizing kit. It’s an annoying step, but it’ll save you much more grief and waiting in the long run.

You want a fit that’s snug but not too snug. | Photo by Allison Johnson / The Verge

Getting a smart ring is a little more complicated than getting a smartwatch. To buy one, you need to acquire a sizing kit, try on a bunch of sample rings, find your size, wear it for 24 hours, make sure it fits properly, let the company know your size, and then, you get your smart ring. At least, that’s how it usually works. Apparently, you may be able to skip that process entirely with Samsung’s upcoming Galaxy Ring — I just wouldn’t necessarily recommend it.

Leaker Evan Blass posted a screenshot of the Samsung Galaxy Ring’s delivery process in his latest Substack post. Like other smart rings, you have the option of getting sent a sizing kit. It does note, however, that the Galaxy Ring follows US standard sizing and that if you know your ring size, you can just order the ring directly.

On the one hand, this shortens a tedious process. You can easily and affordably buy a standard ring sizer off of Amazon or Etsy. Or, if you happen to wear a lot of rings, you might know your ring size already. Where it gets dicey is that smart rings and regular rings absolutely do not wear the same.

Image: Evan Blass
Option two is more convenient, but even though I know my size, I’d still get the sizing kit.

Fun story, my engagement ring was bought based on my Oura Ring size. It was entirely too big for my ring finger, and I had to get it resized at the jeweler. This was my bad. I hadn’t warned my partner that the Oura Ring comes in sizes that are slightly larger than US standard sizing. But that said, my standard size is a 7.5. Thus far, no smart ring comes in half sizes. From what we know about the Galaxy Ring, it doesn’t look like Samsung is offering half sizes, either.

For folks who fall between sizes, the general rule of thumb is to go for the bigger size with smart rings. But that’s where sizing kits come in handy. Unlike your wrist, your fingers swell. It can be hard to yank a ring off in the summer compared to winter. I also find it difficult if I’ve eaten a salty meal, taken a hot shower, or am feeling otherwise bloated. Conversely, it’s much easier after I’ve woken up in the morning or washed my hands with cold water. I don’t have particularly fleshy fingers, either — but dang, mom and dad gave me some gnarly knuckles. This is why other smart ring companies recommend you wear a sample ring for at least 24 hours. You won’t find out a lot of these nuances until you actually wear the dang thing.

Photo by Amelia Holowaty Krales / The Verge
Smart rings and regular rings wear very differently.

My other gripe with smart ring sizing is that it doesn’t always take into account the seasons of life. After my mom died, I gained 15 pounds. Then I lost 15 pounds. I put on some muscle. For my body, I’ve learned that small weight fluctuations can make wearing smart rings annoying. Regular rings are much thinner, and the materials aren’t always as rigid. That gives a bit more flexibility. I need to gain around 20 pounds before I start having issues with my regular rings. Plus, in a pinch, I could always have them resized. I can’t do that with a smart ring. One thing a sizing kit can help with is understanding how differences in materials and rigidity manifest for you — and whether those differences are okay for daily long-term wear.

The perfect smart ring fit is snug but not too snug. The sensors need to align with the underside of your finger. If your ring is too loose, it might twist around your finger willy-nilly. If it’s too snug, trust me — it can really hurt taking it off. It’s not quite as simple as cutting a smart ring off, either.

These are all reasons why, although I know my ring size for each of my fingers, I always insist on getting the smart ring sizing kit. It’s an annoying step, but it’ll save you much more grief and waiting in the long run.

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Epic and Google are back in court to argue how Google should be forced to change its Play Store business. | Illustration by Cath Virginia / The Verge

After a jury declared the Play Store an illegal monopoly in the Epic v. Google lawsuit last year, both companies faced off in court again on Thursday to decide on the specific changes Google will have to make to rectify the issue, as reported by Reuters and Wired.
Epic is hoping the court approves several remedies it had previously submitted, which Google claims are over the top and would “harm the privacy, security, and overall experience of consumers.” So all eyes are on Judge James Donato, who heard testimony on both sides and offered some hints as to how he’s leaning.
To start with, while Donato said some of the remedies Epic proposed are “open-ended and too vague,” Google will have to make changes it doesn’t like, but perhaps not as many as Epic is hoping for. “I want to be clear: Google as an illegal monopolist will have to pay some penalties,” Donato said during the hearing. “This case is about the opportunity to compete generally. I am not looking for relief that is going to give a helping hand just to Epic. What we are doing is leveling the playing field and lifting the barriers.”
“We are going to be walking on new terrain for a while. That’s just the consequence of breaking the antitrust laws — we have to do things in a different way.”
Donato also took issue with what he said was Google’s attempt to show “a terrifying world of chaos” if the proposed remedies were made to app store markets. “I just don’t buy it,” Donato said, adding, “We are going to be walking on new terrain for a while. That’s just the consequence of breaking the antitrust laws — we have to do things in a different way.”
The judge also had no sympathy for Google’s argument that the proposed changes would be bad for consumers and businesses. “To jump up and down and say the new way is going to be a world no one wants to live in, it’s unfounded,” said Donato.
In the lead-up to Thursday’s hearing, Epic put forward a 16-page document of suggested remedies it believes Google needs to apply to its business following the antitrust ruling, including banning Google from blocking alternative app stores and billing systems or sharing Google Play revenues with carriers or phone makers. Google has appealed the verdict and argued that the suggested remedies are unnecessary due to Play Store changes it’s already introduced to settle a separate $700 million monopoly suit in December — a case Donato also oversees.
Google and Epic are expected to make their final arguments in August, with Donato anticipating to “promptly” issue penalties soon after.

Epic and Google are back in court to argue how Google should be forced to change its Play Store business. | Illustration by Cath Virginia / The Verge

After a jury declared the Play Store an illegal monopoly in the Epic v. Google lawsuit last year, both companies faced off in court again on Thursday to decide on the specific changes Google will have to make to rectify the issue, as reported by Reuters and Wired.

Epic is hoping the court approves several remedies it had previously submitted, which Google claims are over the top and would “harm the privacy, security, and overall experience of consumers.” So all eyes are on Judge James Donato, who heard testimony on both sides and offered some hints as to how he’s leaning.

To start with, while Donato said some of the remedies Epic proposed are “open-ended and too vague,” Google will have to make changes it doesn’t like, but perhaps not as many as Epic is hoping for. “I want to be clear: Google as an illegal monopolist will have to pay some penalties,” Donato said during the hearing. “This case is about the opportunity to compete generally. I am not looking for relief that is going to give a helping hand just to Epic. What we are doing is leveling the playing field and lifting the barriers.”

Donato also took issue with what he said was Google’s attempt to show “a terrifying world of chaos” if the proposed remedies were made to app store markets. “I just don’t buy it,” Donato said, adding, “We are going to be walking on new terrain for a while. That’s just the consequence of breaking the antitrust laws — we have to do things in a different way.”

The judge also had no sympathy for Google’s argument that the proposed changes would be bad for consumers and businesses. “To jump up and down and say the new way is going to be a world no one wants to live in, it’s unfounded,” said Donato.

In the lead-up to Thursday’s hearing, Epic put forward a 16-page document of suggested remedies it believes Google needs to apply to its business following the antitrust ruling, including banning Google from blocking alternative app stores and billing systems or sharing Google Play revenues with carriers or phone makers. Google has appealed the verdict and argued that the suggested remedies are unnecessary due to Play Store changes it’s already introduced to settle a separate $700 million monopoly suit in December — a case Donato also oversees.

Google and Epic are expected to make their final arguments in August, with Donato anticipating to “promptly” issue penalties soon after.

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Leaked Samsung Galaxy Watch 7 Ultra models with new squircle design and rubberized adjustable straps. | Image: OnLeaks and Smartprix

Samsung’s next-generation Galaxy Watch 7 “Ultra” has leaked in new renders acquired by OnLeaks and Smartprix. It’s a follow-up to the Classic series of watches, which are made of metal. This new model looks a bit like the Apple Watch Ultra now, with a new square-shaped case and an extra button.
Rumors of square Samsung watches surfaced in March, although these pictures still feature one that has a round screen. Around that screen is a raised bezel, but from the pictures, it’s hard to tell if it adds any touch-sensitive or rotation controls. The Watch 7 Ultra also looks pretty hefty, which lines up with last month’s rumor of Samsung making a larger “Pro” watch model.

Image: OnLeaks and Smartprix
The Galaxy Watch 7 Ultra has a new button on what really is a square-shaped case.

You can expect some extra functionality in this new watch, including a third button that will probably be something like Apple Watch Ultra’s Action Button, a new health sensor array, and bigger speakers (at least the grilles are larger), along with extra holes that might be more mics that could improve speakerphone clarity.
The next Samsung Unpacked event could take place on June 10th in Paris, revealing more details about its watches, sixth-generation folding phones, and a new Galaxy Ring.

Leaked Samsung Galaxy Watch 7 Ultra models with new squircle design and rubberized adjustable straps. | Image: OnLeaks and Smartprix

Samsung’s next-generation Galaxy Watch 7 “Ultra” has leaked in new renders acquired by OnLeaks and Smartprix. It’s a follow-up to the Classic series of watches, which are made of metal. This new model looks a bit like the Apple Watch Ultra now, with a new square-shaped case and an extra button.

Rumors of square Samsung watches surfaced in March, although these pictures still feature one that has a round screen. Around that screen is a raised bezel, but from the pictures, it’s hard to tell if it adds any touch-sensitive or rotation controls. The Watch 7 Ultra also looks pretty hefty, which lines up with last month’s rumor of Samsung making a larger “Pro” watch model.

Image: OnLeaks and Smartprix
The Galaxy Watch 7 Ultra has a new button on what really is a square-shaped case.

You can expect some extra functionality in this new watch, including a third button that will probably be something like Apple Watch Ultra’s Action Button, a new health sensor array, and bigger speakers (at least the grilles are larger), along with extra holes that might be more mics that could improve speakerphone clarity.

The next Samsung Unpacked event could take place on June 10th in Paris, revealing more details about its watches, sixth-generation folding phones, and a new Galaxy Ring.

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SpaceX lost contact with Starship during its launch in March. | Photo by CHANDAN KHANNA / AFP via Getty Images

SpaceX is getting ready to launch its Starship into space again. On Friday, the company announced that the massive rocket’s fourth flight test could happen as soon as June 5th, so long as regulators approve it.
Starship successfully launched into space during its last test flight in March, but SpaceX lost contact with the vehicle as it reentered Earth’s atmosphere. The company says the booster had “lower than expected landing burn thrust” during reentry, which was likely caused by “continued filter blockage.”

The fourth flight test of Starship could launch as soon as June 5, pending regulatory approvalhttps://t.co/XjreI7nQOp pic.twitter.com/2tv2s1yJ5F— SpaceX (@SpaceX) May 24, 2024

Despite this, the test still marked the first time SpaceX could test its payload door in space and complete a propellant transfer demonstration. Starship’s first two launches ended with fiery explosions. SpaceX first began developing Starship in 2012 as part of its goal of creating a fully reusable spacecraft. Eventually, the 165-foot-long Starship will be able to shuttle crew and cargo into space.
During Starship’s next flight, SpaceX will focus on the ability to return and reuse Starship and its Super Heavy booster, adding that it has made several hardware and software updates to achieve this. The fourth flight will follow a similar path as the previous one and aim for a splashdown of Starship in the Indian Ocean.
The US Federal Aviation Administration still has to sign off on the next test flight, so the June 5th date is not yet set in stone.

SpaceX lost contact with Starship during its launch in March. | Photo by CHANDAN KHANNA / AFP via Getty Images

SpaceX is getting ready to launch its Starship into space again. On Friday, the company announced that the massive rocket’s fourth flight test could happen as soon as June 5th, so long as regulators approve it.

Starship successfully launched into space during its last test flight in March, but SpaceX lost contact with the vehicle as it reentered Earth’s atmosphere. The company says the booster had “lower than expected landing burn thrust” during reentry, which was likely caused by “continued filter blockage.”

Despite this, the test still marked the first time SpaceX could test its payload door in space and complete a propellant transfer demonstration. Starship’s first two launches ended with fiery explosions. SpaceX first began developing Starship in 2012 as part of its goal of creating a fully reusable spacecraft. Eventually, the 165-foot-long Starship will be able to shuttle crew and cargo into space.

During Starship’s next flight, SpaceX will focus on the ability to return and reuse Starship and its Super Heavy booster, adding that it has made several hardware and software updates to achieve this. The fourth flight will follow a similar path as the previous one and aim for a splashdown of Starship in the Indian Ocean.

The US Federal Aviation Administration still has to sign off on the next test flight, so the June 5th date is not yet set in stone.

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Glass Onion: A Knives Out Mystery. | Image: Netflix

Benoit Blanc is tackling another mystery very soon. Director Rian Johnson has teased the next outing of the detective, which will be called Wake Up Dead Man and is set to premiere sometime in 2025. In addition to the return of Johnson to write and direct, Daniel Craig will be reprising his role as Blanc. For now, that’s all the information we have to go on.
The first Knives Out mystery premiered in 2019, and after that, Netflix scooped up the rights to its sequels for a reported $450 million. The first sequel, Glass Onion, premiered in 2022; it had a brief theatrical run before eventually streaming on Netflix. (It also featured a guest appearance from this very website.) It seems likely that Wake Up Dead Man will follow a similar release trajectory.
While Johnson is known in part for sci-fi fare like Looper and Star Wars: The Last Jedi, he has also made a name for himself with mysteries. In addition to the Knives Out franchise, he also created the excellent whodunit series Poker Face on Peacock, starring Natasha Lyonne.

Glass Onion: A Knives Out Mystery. | Image: Netflix

Benoit Blanc is tackling another mystery very soon. Director Rian Johnson has teased the next outing of the detective, which will be called Wake Up Dead Man and is set to premiere sometime in 2025. In addition to the return of Johnson to write and direct, Daniel Craig will be reprising his role as Blanc. For now, that’s all the information we have to go on.

The first Knives Out mystery premiered in 2019, and after that, Netflix scooped up the rights to its sequels for a reported $450 million. The first sequel, Glass Onion, premiered in 2022; it had a brief theatrical run before eventually streaming on Netflix. (It also featured a guest appearance from this very website.) It seems likely that Wake Up Dead Man will follow a similar release trajectory.

While Johnson is known in part for sci-fi fare like Looper and Star Wars: The Last Jedi, he has also made a name for himself with mysteries. In addition to the Knives Out franchise, he also created the excellent whodunit series Poker Face on Peacock, starring Natasha Lyonne.

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Illustration: The Verge

An unusual document appeared last week in the docket for the Department of Justice’s second antimonopoly lawsuit against Google. It included a photocopy of a check that Google claimed was good for the “maximum amount of damages” claimed in the case for its alleged anticompetitive actions in its ad tech business. Google said it had written the check to the Department of Justice.
Legal experts say the photocopy of a cashier’s check was definitely strange. But the DOJ took things to a weird place first. According to experts, although it might not strike a layperson as such, the DOJ’s decision to demand a jury trial is just as bizarre as, say, waving around a cashier’s check for maximum damages in an attempt to escape a jury trial.
“It is a creative response to an unusual strategy,” Howard University School of Law professor Andrew Gavil wrote to The Verge. “Like chess: move and countermove.”
Eileen Scallen, who teaches civil procedure at UCLA School of Law, said she was “surprised” by the government’s request for a jury in this case. “This case will be highly technical and pretty dull in parts,” she said in an email. “But having the potential for a jury adds a ‘wild card’ into Google’s calculations, so it would make them more likely to settle.”

A photocopy of a cashier’s check for maximum wears, filed to the court docket for the DOJ’s ad tech antitrust action against Google.

The case — which is the second matchup in a year between the DOJ and Google — is over the government’s claims that Google illegally monopolized the advertising technology market, effectively boxing out competition. The DOJ just finished wrapping up its case against Google’s alleged search monopoly and is currently awaiting a decision from the judge who oversaw the bench trial. But neither the DOJ nor Google will have time to catch their breath, so to speak — they’re headed to trial this fall in the ad tech case.
Only a judge can decide on injunctive or equitable requests for relief — like the forced divestment of parts of Google’s ad business, which the DOJ has asked for in this case. But when damages are also part of a case, parties can often seek a jury trial, if that’s what they want. A jury demand in an antitrust trial isn’t unheard of — in fact, a jury unanimously handed Epic Games a victory in its antitrust trial against Google in California, though it’s still up to the judge to decide what exactly Epic will get. The DOJ also demanded a jury in its new antimonopoly suit against Ticketmaster and its owner, Live Nation, but that stems from the state laws of some of the state AGs who have joined the case.
DOJ called its own case “highly technical, often abstract, and outside the everyday knowledge of most prospective jurors”
But unlike those cases, where Epic’s splashy campaign and the Eras Tour debacle attracted public attention long before the suits, the DOJ’s ad tech case is less well-known. It’s also arguably more technical in nature, with the nitty-gritty of ad tech systems at its center. Google even quotes DOJ counsel from an earlier motion, when the DOJ called its own case “highly technical, often abstract, and outside the everyday knowledge of most prospective jurors” in advocating for 15 trial days. The DOJ did not immediately respond to a request for comment.
“This much is clear: it was an unusual strategy in an antitrust case for the government to add a claim for damages as a way to seek a jury trial,” said Gavil, who teaches antitrust and civil procedure.
Google spokesperson Peter Schottenfels said in a statement that “DOJ manufactured a damages claim at the last minute in an attempt to secure a jury trial.” In the filing, Google says it learned through discovery “that DOJ’s damages claim was an afterthought,” saying it was late in the process when the agency began inquiring about relevant information. And even with the photocopied cashier’s check for damages on file, the company still disputes any liability in the case.
Gavil said it’s important to note that the company’s check shouldn’t be construed as a pay-off, however, since the civil rules of procedure explicitly allow an “offer of judgment.”
“So, the idea that a defendant might offer to satisfy a claim as a way to dismiss it is not at all unusual,” Gavil wrote. “Such offers are not viewed as ‘pay offs.’ They are a method for resolving disputes, just like a settlement in which the defendant does not agree to any liability but pays the plaintiff a sum in return for dismissal of a claim. No one would bat an eye at this if it were a settlement agreement.”
But it’s not a settlement agreement, and eyes are, in fact, being batted. Google’s check is not exactly an offer of judgment, Gavil said, because the government has not agreed or declined to drop the damages claim in return, and Google isn’t agreeing to enter the damages claim against it. “Rather, it is seeking to moot the damage claim which is the sole basis for DOJ’s request for a jury trial by paying the maximum amount that DOJ could possibly recover on that claim. The theory is if the claim has been fully satisfied, there is no claim.”
The ad tech trial is set to begin September 9th in the eastern district court of Virginia.

Illustration: The Verge

An unusual document appeared last week in the docket for the Department of Justice’s second antimonopoly lawsuit against Google. It included a photocopy of a check that Google claimed was good for the “maximum amount of damages” claimed in the case for its alleged anticompetitive actions in its ad tech business. Google said it had written the check to the Department of Justice.

Legal experts say the photocopy of a cashier’s check was definitely strange. But the DOJ took things to a weird place first. According to experts, although it might not strike a layperson as such, the DOJ’s decision to demand a jury trial is just as bizarre as, say, waving around a cashier’s check for maximum damages in an attempt to escape a jury trial.

“It is a creative response to an unusual strategy,” Howard University School of Law professor Andrew Gavil wrote to The Verge. “Like chess: move and countermove.”

Eileen Scallen, who teaches civil procedure at UCLA School of Law, said she was “surprised” by the government’s request for a jury in this case. “This case will be highly technical and pretty dull in parts,” she said in an email. “But having the potential for a jury adds a ‘wild card’ into Google’s calculations, so it would make them more likely to settle.”

A photocopy of a cashier’s check for maximum wears, filed to the court docket for the DOJ’s ad tech antitrust action against Google.

The case — which is the second matchup in a year between the DOJ and Google — is over the government’s claims that Google illegally monopolized the advertising technology market, effectively boxing out competition. The DOJ just finished wrapping up its case against Google’s alleged search monopoly and is currently awaiting a decision from the judge who oversaw the bench trial. But neither the DOJ nor Google will have time to catch their breath, so to speak — they’re headed to trial this fall in the ad tech case.

Only a judge can decide on injunctive or equitable requests for relief — like the forced divestment of parts of Google’s ad business, which the DOJ has asked for in this case. But when damages are also part of a case, parties can often seek a jury trial, if that’s what they want. A jury demand in an antitrust trial isn’t unheard of — in fact, a jury unanimously handed Epic Games a victory in its antitrust trial against Google in California, though it’s still up to the judge to decide what exactly Epic will get. The DOJ also demanded a jury in its new antimonopoly suit against Ticketmaster and its owner, Live Nation, but that stems from the state laws of some of the state AGs who have joined the case.

But unlike those cases, where Epic’s splashy campaign and the Eras Tour debacle attracted public attention long before the suits, the DOJ’s ad tech case is less well-known. It’s also arguably more technical in nature, with the nitty-gritty of ad tech systems at its center. Google even quotes DOJ counsel from an earlier motion, when the DOJ called its own case “highly technical, often abstract, and outside the everyday knowledge of most prospective jurors” in advocating for 15 trial days. The DOJ did not immediately respond to a request for comment.

“This much is clear: it was an unusual strategy in an antitrust case for the government to add a claim for damages as a way to seek a jury trial,” said Gavil, who teaches antitrust and civil procedure.

Google spokesperson Peter Schottenfels said in a statement that “DOJ manufactured a damages claim at the last minute in an attempt to secure a jury trial.” In the filing, Google says it learned through discovery “that DOJ’s damages claim was an afterthought,” saying it was late in the process when the agency began inquiring about relevant information. And even with the photocopied cashier’s check for damages on file, the company still disputes any liability in the case.

Gavil said it’s important to note that the company’s check shouldn’t be construed as a pay-off, however, since the civil rules of procedure explicitly allow an “offer of judgment.”

“So, the idea that a defendant might offer to satisfy a claim as a way to dismiss it is not at all unusual,” Gavil wrote. “Such offers are not viewed as ‘pay offs.’ They are a method for resolving disputes, just like a settlement in which the defendant does not agree to any liability but pays the plaintiff a sum in return for dismissal of a claim. No one would bat an eye at this if it were a settlement agreement.”

But it’s not a settlement agreement, and eyes are, in fact, being batted. Google’s check is not exactly an offer of judgment, Gavil said, because the government has not agreed or declined to drop the damages claim in return, and Google isn’t agreeing to enter the damages claim against it. “Rather, it is seeking to moot the damage claim which is the sole basis for DOJ’s request for a jury trial by paying the maximum amount that DOJ could possibly recover on that claim. The theory is if the claim has been fully satisfied, there is no claim.”

The ad tech trial is set to begin September 9th in the eastern district court of Virginia.

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