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Daily Tech News Show

25 Sep 2025 · 31m · 20 chapters

Episode artwork

Everyone Is Selling Their Recorded Phone Calls - DTNS 5112

In short

Neon Mobile pays users to record phone calls for sale to vetted companies for training/testing/improving ML/AI; discusses legal/consent workarounds (record only the user’s side for non-Neon calls), claimed PII removal, encryption, and payout caps. Also covers DTNS follow-up on Penske Media’s lawsuit against Google AI Overviews (alleged siphoning of clicks/affiliate revenue without consent) and other tech briefs (Windows Backup EEA changes, Qualcomm Snapdragon X2 Elite chips, OnePlus OxygenOS SMS-data vulnerability, TikTok US sale policy talk, Amazon Prime dark-pattern settlement, ChatGPT “Jack GPT Pulse”).

Guests

Tom Merritt and Jen Cutter (hosts/interviewers). Andy Beach (guest; explains the Penske/Google AI Overviews lawsuit).

Written by AI. May contain mistakes.

Chapters

0:03

Neon App and Call Recording

Discussion on the Neon app that pays users to record phone calls.

“It's called Chat Concierge and it's simplifying car shopping.”
3:11

Neon App and Call Recording

Discussion on the Neon app that pays users to record phone calls.

“what you need to know with that weird big story.”
4:50

Concerns and Implications of Neon

Exploring the implications and concerns surrounding the Neon app.

“According to Neon's website, you'll get 30 cents a minute when you call other Neon users and 15 cents a minute when you're calling non-Neon users, and you'll have a maximum of 30 bucks per day.”
8:01

Mainstream Adoption of Call Recording

Discussion on the potential mainstream adoption of call recording apps.

“These guys seem to be the first one to have broken through to more mainstream coverage.”
14:00

Windows Backup and OneDrive Costs

Discussion on the implications of Windows backup sizes and OneDrive costs.

“But if your Windows backup is large or you're already using OneDrive for something else, you might end up having to pay for OneDrive at that point.”
14:47

Qualcomm's New Chips Announcement

Overview of Qualcomm's latest Snapdragon X2 Elite chips for laptops.

“So it's the X chip, but the second version, so X2.”
15:39

The Snapdragon Elite Gen 5 Chip

Details about the performance and launch of Snapdragon Elite Gen 5.

“We also got more details on the world's fastest quote unquote mobile chip, the Snapdragon Elite Gen 5.”
17:04

OnePlus Security Vulnerability

Examination of a serious security flaw in OnePlus's Oxygen OS.

“Researchers at Rapid7 tried to contact OnePlus on May 1st and continued to follow up until August 16th.”
18:26

U.S. Executive Order on TikTok

Discussion about the potential U.S. executive order regarding TikTok's operations.

“So if you have a OnePlus phone, be careful what you are running on it and what you have installed on it.”
19:16

Regulatory Changes for Cryptocurrency in Australia

Details on new penalties for cryptocurrency companies in Australia.

“Australia also drafted legislation that would penalize cryptocurrency companies with a fine of as much as 10 % of their annual turnover if they violate new rules.”
Show all 20 chapters
21:49

Meta's Teen Accounts Rollout

Overview of Meta's new teen account features and requirements.

“that might be enough pressure to be like, okay, well, we'll win some political points domestically and get more usage, which will make us more money, sure.”
22:40

Intel and Apple's Potential Collaboration

Speculation on Intel's talks with Apple for possible investments.

“Bloomberg says that fresh off a$5 billion cash infusion from NVIDIA, Intel has been in talks with Apple about a similar investment.”
23:22

Xiaomi's New Product Launches

Overview of Xiaomi's latest products, including the Xiaomi 17 Pro.

“Xiaomi also announced a$40 retro handheld console case that takes advantage of the back screen to make a Game Boy-style game experience.”
24:13

Amazon's Legal Settlement and New OS

Discussion about Amazon's lawsuit settlement and plans for a custom OS.

25:01

OpenAI's ChatGPT Pulse Feature

Introduction of OpenAI's new feature for ChatGPT users that provides personalized updates.

“button deterring cancellations that says, no, I don't want free shipping.”
25:55

Penske's Lawsuit Against Google

In-depth discussion on Penske Media's lawsuit against Google over AI content usage.

“All right, folks, those are the essentials for today.”
26:51

Impact of AI on Media Revenue

Exploration of how AI overviews are affecting media companies' revenues.

“And so they've gone and filed a lawsuit against Google around specifically journalism as it relates to how they're using AI overviews to siphon off data from their web posts without consent.”
28:00

Impact of AI Overviews on Media Revenue

Explore how AI-generated overviews by Google are affecting media companies like Penske.

“Please don't do that without our permission.”
33:21

Engagement and Feedback

Listeners are encouraged to provide feedback on the topics discussed.

“If folks want to get your ongoing deep dives on everything that you talk about, where should they go?”
34:54

WorkSlop and Coding Insights

A discussion about the phenomenon of 'WorkSlop' in programming and its implications.

“Yesterday, we discussed a story that scientists had found that people passing along low-quality LLM output was slowing down the productivity of gains using LLMs and dubbed it WorkSlop.”
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Transcript

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0:00This episode is brought to you by Capital One. Capital One's tech team isn't just talking about multi-agentic AI. They already deployed one. It's called Chat Concierge and it's simplifying car shopping. Using self-reflection and layered reasoning with live API checks, it doesn't just help buyers find a car they love. It helps schedule a test drive, get pre-approved for financing, and estimate trade-in value. Advanced, intuitive, and deployed. That's how they stack. That's technology at Capital One. Morning Brew Daily breaks down the biggest news in business every morning so it fits seamlessly in your day.

0:36I'm Toby Howell. And I'm Neil Freiman. And each morning we cover everything from the latest tech headlines to why nobody can afford a house right now. You'll leave each episode of Morning Brew Daily smarter and ready to take on the world around you. And some people are saying it's the best part of their morning. Because we know something you don't. Business news doesn't have to be boring. Join millions of monthly listeners and check out Morning Brew Daily wherever you get your podcasts.

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2:48Jenn Cutter: This is the Daily Tech News for Thursday, September 25th, 2025. We tell you what you need to know. we follow up on context and we try to help each other understand.

2:57Andy Beach: Today, Andy Beach follows up on the AI lawsuit that's focusing on links, not trading data, and people are clamoring to get paid to record their phone conversations.

3:08Jenn Cutter: I'm Tom Merritt.

3:09Andy Beach: I'm Jen Cutter.

3:10Jenn Cutter: Let's start with what you need to know with that weird big story. So an app called Neon, it's the only app from Neon Mobile is number two on the Apple App Store, number four on the Google Play Store, at least for free apps, according to Sensor Tower. Neon is offering to pay you some cash in exchange for recording your phone calls. It then sells your recordings to companies, quote, for the purpose of developing training, testing, and improving machine learning models, artificial intelligence tools, and systems, and related technologies. You start your call in the Neon app if you want to get paid, but then it works through the regular phone app.

3:52Jenn Cutter: If you're calling another Neon user, then it will record both sides of the call. If you're calling someone who is not a Neon user, it will only record your side of the call. That's to get around local laws, which vary on whether you need consent to record just one side or both sides of a conversation. One assumes if you're recording your side of a conversation, you have consented to it as long as you're doing it yourself, which you are in this case. Personally identifiable information is removed from these recordings. So they're not including your contact info, who you called, your phone number.

4:27Jenn Cutter: They don't store any of that. It also says that it vets the company it sells the data to and that all the employees of NIO use the service themselves and all these recordings are encrypted. So if you're worried about somebody getting into the database, they should be encrypted. They don't give you details on what that encryption is, which would be nice to have. They also don't tell you who these vetted companies are. They're basically just saying, trust us, we vetted them. According to Neon's website, you'll get 30 cents a minute when you call other Neon users and 15 cents a minute when you're calling non-Neon users, and you'll have a maximum of 30 bucks per day.

5:05Jenn Cutter: You can't just rack up a bunch of calls, make 100 bucks in a day. You get paid a$30 fee if you invite friends, so there's nice little referral bonus in there. Well, basically a day's worth of calls if you refer somebody. The Google Play Store listing has the same rates that I just quoted from the website. But interestingly, I noticed the iOS App Store listing, when I looked at it anyway, gave you 45 cents a minute and a$25 referral fee. So more cents per minute, but less of a referral fee. Anyway, however much you're getting paid, Jen, would you? Would you do this?

5:43Andy Beach: I would not. My first read was, of course, slightly cynical in terms of like, okay, there's those other AI training companies that work in text. And they're like, oh, yeah, like, we'll totally approve you if you do this big test that will then ghost you on it will never actually give you any money after doing the test, which is probably the real testing. For this, when I start seeing payouts, it'll definitely be more interesting to some people, I know. But full credit for them for covering the legal wiretapping possibility by at least recording just one side. They don't want to get sued out of business right away.

6:21Jenn Cutter: This is a very small company. We know nothing about them. That doesn't mean they are bad. It just means we don't know. Right. I think it's a clever way to fill the data gap. And it's kind of evidence of how much companies need more data. They have scraped pretty much everything they can scrape. They are running into people putting up robots.txt that blocks you from scraping. They're running into needing licensing. I anecdotally know some friends who are just going around taking video of the world they live in and selling it to companies who are like, we just need video data. We don't really even care what it is.

7:05Jenn Cutter: So this kind of feels like that. Like there is a gold rush for fresh data that is not something that others have, too. That's the other thing you get here is data that otherwise would be unavailable. And if you're a vetted company that gets this, you're getting some data to train your models on that other folks don't do, which is good for improving speech and all of that. That's the upside. I think where most people's heads go these days is the downside, which is who are these companies? What are they going to use this for? Yes, if they use it just to train data and then delete it, great. But are they?

7:42Jenn Cutter: Are they going to simulate my voice? You know, is some scammer going to get a hold of this somehow and then be able to impersonate me? It does seem like Neon is taking some some tactics to stop that from being likely. But it's far from bulletproof, if you ask me.

8:00Andy Beach: When I was reading the press release, the first thing that hit me is, wow, haven't how haven't I heard of like 10 other companies doing this? These guys seem to be the first one to have broken through to more mainstream coverage. Because my first thought was like, oh, this is something that Google would desperately want because they want to book appointments for you. They want to know natural language. They want to – I'm surprised it's not like in their phones where they say, hey, if you let us tape everything, we'll make sure that when Gemini does stuff for you, it does so sounding like you.

8:31Jenn Cutter: Imagine if that was the story today and what the backlash would be just because it's Google, right?

8:36Andy Beach: The internet would be on fire.

8:38Jenn Cutter: That's why Google hasn't done it. I would guess I haven't looked that there are dozens of other companies doing this. Why Neon became the one that became most popular, I don't know. But the reason it's getting the coverage is because it shot to the top of the App Store's charts and people were like, what is that? Why is that so popular? Yeah, you think it's because of the name?

8:58Andy Beach: Well, it's a great name. Retro is big right now and Neon is retro.

9:04Jenn Cutter: Yeah, maybe. or they're just good at SEO, but it is popular. People need cash. And a lot of people are like, I don't care. I don't talk about anything on the phone that anyone would care about. Or I imagine a lot of people think I'm going to game the system, right? Now they have a whole fact section about how you can't game the system. That's why they put a$30 max per day. But I'm sure folks can figure out how to weave within their rules and stay legitimate, provide useful data, but not say anything that's worthwhile.

9:38Andy Beach: DTNS is made possible by you, the listener. Thanks to AB Poppy, Dale Mulcahy, Matt Zaglin, and Kenshi Yoshino.

9:51This episode is brought to you by Capital One. Capital One's tech team isn't just talking about multi-agentic AI. They already deployed one. It's called Chat Concierge and it's simplifying car shopping. Using self-reflection and layered reasoning with live API checks, it doesn't just help buyers find a car they love. It helps schedule a test drive, get pre-approved for financing, and estimate trade in value. Advanced, intuitive, and deployed. That's how they stack. That's technology at Capital One. There's a reason millions of people start their day with Morning Brew Daily. Each morning, we break down the biggest news in business from the latest tech headlines to why nobody can afford a house right now.

10:32All in a format that fits seamlessly into your day. You'll leave each episode of Morning Brew Daily smarter and ready to take on the world around you. I'm Toby Howell. And I'm Neil Freiman. And we're ready to show you that business news doesn't have to be boring. So join us on Morning Brew Daily, available wherever you get your podcasts.

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12:20Jenn Cutter: There's more we need to know today. Let's get to the briefs.

12:48Andy Beach: Iceland, Liechtenstein, and Norway after the end of a support on October 14th of this year. The rest of the world still has to pay$30, use points, or agree to backup data to Windows Backup. The extended security updates program will end October 13th, 2026.

13:05Jenn Cutter: Yeah, the fact that you only get a year makes me wonder if there's just a lot more light than heat around this story. I know a lot of people are very upset and pushing for this, which is why Euro consumers was able to put enough pressure on Microsoft to make this change in the EEA. But in a year, I mean, is it just so that you can have a year to get a new computer? Or I know actually Euro consumers, to their credit, is like, no, we think they should continue to support it beyond the year. We're going to push them for that, too. So maybe they'll achieve that.

13:37Andy Beach: Yeah, like I was going to pay the 30 bucks and not even think about it since Canada is not in the European Union. But I initially thought it was two years, which I would have been happy to give 30 bucks for two years. 30 bucks for one year, I feel a little taken advantage of.

13:53Jenn Cutter: Yeah. And the Windows backup thing is kind of a monkey's paw, right? Like if you have less than the free five gigabytes of storage, great. But if your Windows backup is large or you're already using OneDrive for something else, you might end up having to pay for OneDrive at that point. So then it might be better to just pay the$30 or just go buy a new machine, I think is what Microsoft is also hoping some people will do.

14:18Andy Beach: Yeah, I have a weird grandfathered Xbox initial thing where I have 15 gigs in OneDrive and I'm thinking like, okay, can I game the system where I back up one folder and does that count?

14:31Jenn Cutter: Yeah, I don't know. I think you have to back up a significant portion. You have to engage in Windows backup. So I don't know. If you try it, let me know and see if it qualifies.

14:43Andy Beach: Details are a little scarce right now still.

14:46Jenn Cutter: Qualcomm announced its second generation of laptop and PC chips called Snapdragon X2 Elite and X2 Elite Extreme. So it's the X chip, but the second version, so X2. And the Extreme is a new model with some extra cores in it. It'll be the first ARM chip to run at 5 gigahertz on two of its 18 cores. Both models of the Elite chips will be made on a 3-nanometer process and promise multi-day battery life. Systems with the chips are expected to start shipping in the first half of 2026. So CES is going to be lousy with X2 Elite laptops, I'm guessing. Qualcomm's saying that these can do some pretty intense desktop stuff.

15:27Jenn Cutter: They're trying to pitch them to scientists and AI researchers and all of that. So they are starting to be compatible or competitive, I mean, with x86 chips in more ways. We also got more details on the world's fastest quote unquote mobile chip, the Snapdragon Elite Gen 5. Remember, it's Gen 5 now because they retconned everything. Android police benchmarked the reference chip at the Snapdragon Summit. And on Geekbench, it outperformed Apple's A19 Pro. That's the one in the iPhone 17 Pro series. Now, the thermals are very favorable when you do a reference chip at a conference. So expect the market version to be slightly less impressive, but it'll probably still be good.

16:07Jenn Cutter: If it outdid the A19 Pro, maybe it doesn't, but maybe it matches it. But if you're just like, oh, I'm going to buy a phone with this chip in it, I know that this is a really good chip. The first devices are trickling out over the coming days from the usual non-Apple or non-Google suspects. So your Xiaomi, Samsung, OnePlus, etc.

16:27Andy Beach: I'm glad you mentioned the name thing because I was getting confused. So I was like, wait, but which one is that? And then you answered that question for me in advance about the Gen 5.

16:38Jenn Cutter: Yeah, we go back to the previous DTNS where I explained it because I don't remember now off the top of my head. But they basically took four previous chips and said, those are now essentially Gens 1, 2, 3, and 4. And so this one's Gen 5.

16:56Andy Beach: the one plus 15 will be one of the first phones to get the snapdragon elite uh the snapdragon 8 elite gen 5 but in less enjoyable one plus news a vulnerability in its oxygen os lets any app access sms data and metadata no user permission needed one plus changed the stock android telephony package adding more exported content providers without declaring right permissions The read permission is set correctly, but it isn't properly sanitized against brute forcing the database one character at a time. Researchers at Rapid7 tried to contact OnePlus on May 1st and continued to follow up until August 16th.

17:39Andy Beach: OnePlus now says it is investigating the problem, but it remains unpatched.

17:44Jenn Cutter: Yeah, so this is Google's version of Android. It has Google Play services. if you're not a OnePlus user, that's important to know. So this is kind of like Samsung's One UI, except it's more than just a UI, obviously, because they changed the telephony package. There could be some good reasons for wanting to do that to provide some interesting features, but it's kind of unforgivable that they didn't set the right permissions properly. Read permission not being properly sanitized is something that I see more often. That's something that might just be a bug that people didn't realize. But man, not responding to Rapid7 in May, certainly not responding by August, not a good look.

18:25Jenn Cutter: And this is unpatched. So if you have a OnePlus phone, be careful what you are running on it and what you have installed on it. Because something that's installed could take advantage of this. And you probably only want to use very trustworthy apps on your OnePlus phone until this gets fixed.

18:45Andy Beach: and brute forcing one character at a time just it feels classic it's so old school yeah yeah

18:50Jenn Cutter: boom boom boom look good see what that database says and i can figure out what's in there the u.s is expected to issue an executive order on thursday related to the sale of the u.s arm of tiktok and australian liberal senator james patterson told sky news he thinks australia maybe should use the u.s version of tiktok he's like hey we're gonna have this u.s version which will be safer, in his words, to the Chinese version of TikTok or the Singaporean version of TikTok, depending on how you look at it. Australia also drafted legislation that would penalize cryptocurrency companies with a fine of as much as 10 % of their annual turnover if they violate new rules.

19:26Jenn Cutter: Those new rules would bring digital asset and tokenized custody platforms under the Corporations Act and the consumer protections and licensing requirements that that act entails. That means getting an Australian financial services license if you want to continue to be one of these companies. And of course, something they probably should have been doing already, but now have consequences, avoiding misleading and deceptive conduct, as well as unfair contract terms.

19:53Andy Beach: Yeah, you're seeing a lot of these rules worldwide go to 10 % of annual turnover or annual something because otherwise a fine is just a cost of doing business.

20:03Jenn Cutter: Right. You want to make it a fine they want to avoid. uh not like a you know some people pay parking tickets because they're like well that's that's the fee for parking here and it was convenient enough so it's worth it you don't want it to be like that what about uh what about uh australia or and maybe other countries deciding well we're

20:20Andy Beach: going to use the u.s version of tiktok yeah i i'm waiting to see what canada ends up thinking about this as well because australia is a commonwealth country we're a commonwealth country um canada did the weird thing where we kicked out TikTok's business. So there's no like TikTok Canada anymore, but we kept the app. We never blocked the app, like not even for a day. I don't know if like, because our privacy commissioner was unhappy with how TikTok had handled youth data. And that report came out yesterday. So it's like, I don't know what side he'd be on, whether just let it go with the status quo.

20:58Andy Beach: They said they're happy with how TikTok in China has been resolving and improving things for now while, quote, we're monitoring the situation. So like, I don't even know which direction we're going in. And Australia has been really hard on social media in general. So if they're going to switch to this, I assume that they're going to expect the US TikTok to also be really strict about any kind of minors.

21:22Jenn Cutter: Yeah, that'll be the other interesting thing is those policies can now diverge. And, you know, the United States is also trying to crack down on miners' use of social media. So will the U.S. get more restrictive than ByteDance has been? Will it get less restrictive than ByteDance has been? I don't have a good sense of that. But if that TikTok U.S. can get uptake in Canada and Australia and maybe a few other countries, that might be enough pressure to be like, okay, well, we'll win some political points domestically and get more usage, which will make us more money, sure. Now we've got two competing interoperable TikTok platforms out there.

22:00Jenn Cutter: This is going to get weirder and weirder, I think.

22:04Andy Beach: And Meta is expanding the availability of its teen accounts, which include parental controls and restrictions on messaging and other activities. The accounts were rolled out first to Instagram a year ago, then Facebook and Messenger in select countries earlier this year. The accounts are now available worldwide and are mandatory if you sign up age 13 to 17.

22:26Jenn Cutter: And Amos, our producer, was like, let's make sure people know it's not mandatory to sign up. Just if you're 13 to 17 and you want to get one of these accounts, then you have to use the teen account. There's no exception if you're 13 to 17. Bloomberg says that fresh off a$5 billion cash infusion from NVIDIA, Intel has been in talks with Apple about a similar investment. It's not likely to lead to Apple using x86 chips again, but there are other opportunities. Some of the speculation is that maybe Intel does the packaging for Apple chips, maybe at Intel factories in Ohio or somewhere else in the United States.

23:03Jenn Cutter: These are in early stage, so they might not lead anywhere. But it does seem to be that Intel is going around asking other companies to invest in it in order to get some cash infusion and get it back on its feet.

23:15Andy Beach: Xiaomi announced its$630 Xiaomi 17 Pro and Pro Max at an event on Thursday. They have a screen on the back for framing selfies, setting timers, and using controls for things like music and podcasts. Xiaomi also announced a$40 retro handheld console case that takes advantage of the back screen to make a Game Boy-style game experience. It gives you four face buttons and a circular D-pad, along with a 200 mAh battery for an extra three hours of gameplay. Xiaomi also launched an 8.8-inch 3K tablet called the Xiaomi Pad Mini for$429.

23:55Jenn Cutter: I think the screen on the back is something so many companies have tried. I've never seen a company turn it into a Game Boy before. I know it's an extra$40, but that's interesting. I think that's kind of cool looking. Ahead of next Tuesday's Amazon announcement, a job listing from Amazon mentioned that the prime video fire tv organization is seeking an engineering leader that will help in building a vega os product that pretty much confirms what everyone thought that amazon is going to replace android on fire tvs with its own custom os meanwhile amazon agreed to settle a lawsuit from the u.s federal trade commission which accused amazon of using deceptive practices to get customers to sign up for its prime subscription pending court approval the deal would see Amazon pay a$1 billion civil penalty to the government and then create a$1.5 billion fund to be split up among an estimated 35 million customers.

24:53Jenn Cutter: The deal also requires Amazon to display a clear and conspicuous button for customers to decline prime and stop using a button deterring cancellations that says, no, I don't want free shipping. Amazon must also let customers cancel using the same method they use to sign up.

25:10Andy Beach: Yeah, my dad was one of the people who tried to cancel Prime and couldn't. But then back then, Amazon announced, oh, we're getting NHL hockey. So dad stopped trying to cancel it.

25:21Jenn Cutter: So he couldn't get the dark patterns clear, and then it ended up working in his favor because he got hockey. All right. At least that's a positive ending.

25:30Andy Beach: OpenAI is rolling out a new chat GPT feature called Jack GPT Pulse, which gives you personalized news, research, and other updates each day based on your prior conversations. It's made up of five to ten visual cards. ChatGPT Pulse will be available to users that pay$200 per month for a ChatGPT Pro subscription. The company plans to roll it out more widely later this year.

25:55Jenn Cutter: All right, folks, those are the essentials for today. Let's dive a little deeper.

26:02Andy Beach: Previously, we talked about Penske suing Google over AI overviews. Penske Media, Rolling Stone's parent company, isn't the first to sue over copyright concerns with AI, but it is the first major U.S. media house to sue over AI overviews. We sat down with Andy Beach to understand more about what makes this lawsuit different and significant.

26:23Jenn Cutter: Andy, thank you for joining us and bringing us a story that is not about the oil company, Penske. Yep. I was as confused as anybody. And then I had to go research and realize that it was really Rolling Stone, Billboard, Variety, and a whole host of people we were talking about. And it's not the truck rental company either. Not them. Yeah. They have no problems with it. But apparently media companies really do have an issue with it and rightfully so. And so they've gone and filed a lawsuit against Google around specifically journalism as it relates to how they're using AI overviews to siphon off data from their web posts without consent.

27:07Jenn Cutter: Yeah. So this is an interesting one. If anybody doesn't know Penske Media, you might know the Rolling Stone or Variety or Deadline. There's a lot of entertainment brands. There's some other brands under there. People. No, wait, not people. What am I thinking of? Anyway, there's a lot. They do a lot of publications. So you've probably run across one of their publications and you're no doubt reading one. Yeah. Billboard magazine. One of the things about them is they have a lot of current information about what's happening, especially in the world of media, which is something people are often going to ask a chatbot about.

27:42Jenn Cutter: So what's intriguing about this case is it's not saying you took my book and then you trained a chat bot, which could maybe someday output something that people would use. Penske is saying, you are clearly and demonstrably for the purpose of pulling information out of our articles and answering it in AI overviews, indexing our stuff. Please don't do that without our permission. Yeah. What this really comes down to it, the core of the lawsuit is that Google is stealing eyeballs from Penske media websites. Uh, websites are very, uh, uh, reliant on those click throughs to the website for details.

28:21And so they've, uh, they've never had a problem with Google scraping them for, to be able to give proper search results with the, the advent of the AI overview that now is provided so that if I do a Google search at, at the top in front of all of the links, I get this little summary that Gemini has put together for a lot of people, that summary has the information they were going to click through to find. And so what Penske has discovered is that, uh, according to them, their overall affiliate revenue is down by a third since AI overviews launch, because that's approximately 30 % of people simply aren't clicking through because they don't need to.

29:04Jenn Cutter: Yeah. And I think that's one of the things that makes this worth paying a little closer attention into. One of the problems judges have had or questions they've asked is, what is the harm? So when the New York Times says, well, I got this chatbot to output an entire New York Times article, OpenAI can say, yeah, you had to work real hard to do that. Most people aren't doing that. And the judge can say, yeah, is this really undermining the marketplace for the New York Times? Whereas Penske is saying, no, we can tell exactly what you're doing. You're doing it specifically to output something from this.

29:40Jenn Cutter: Yeah. And we can show the damage. Yeah. No. And I think what it really points to is a future where Google will have to rethink how they compensate the sites that they are doing overviews of. In other words, they're going to have to find a way for likely the overview scraping that they're doing to qualify as some sort of click through as if a person had clicked through. and therefore they're not taking money out of the pocket. Because if they're still providing the info and compensating in some way, then Penske probably wouldn't have had an issue with this. It's the fact that because there wasn't a valid click-through, there was no compensation that was made as part of it.

30:20Jenn Cutter: Yeah, and honestly, it's going to be all about numbers. I'm sure we have seen the trend from other AI companies to say it is in our best interest to quiet this all down and pay people for their content. Uh, so we are making deals with publishers. Uh, not all publishers are willing to make an easy deal. New York times being one of them. Penske media is another one. Uh, so it's really going to be Google agreeing to not only pay, but how much are they going to pay? And for what is it every time an AI overview has a citation to a Penske media article, or is it, is it a little more nebulous about anytime it's using information somehow, which is a little harder to track.

31:03Yeah, but it just sort of points to the fact that this business that's been pretty well established now for more than a decade is going to be in a state of evolution. Just like a lot of things that AI is touching, it is changing. And it's not a tech perspective that's changing. It's a business policy that's going to have to change.

31:22Jenn Cutter: Yeah. And I have been an advocate to say copyright law as it is probably allows you to scrape things and use it as training data for chatbots. I don't know that copyright law allows you to do this, which is not training your model. It's going and using your model to look at information currently and then report it back. And I think there's a much stronger case for that. And in any case, whatever the law is, ends up being shaped by what people want the law to be. And it seems very clear that what people of all stripes want the law to be, except maybe the tech companies operating the chatbots, is pay me a reasonable rate to use my content.

32:04Jenn Cutter: And then you can use my content. And I think that's what Penske's after. Yeah, absolutely. I think early on, a lot of the tech companies were looking at ways that, because they are spending so much on the tech side of how the training goes, is that they were really hoping that the internet was just a free source of data. And what they're finding out is, is that people still actually want to be compensated for their content in some way or the other. So they're having to now factor it into their business and it's changing the way they're thinking about how they go and approach data collection. And there's a legitimate question.

32:37Jenn Cutter: I know it's easy to go like Google, they got billions of dollars, but it's a legitimate question of how much money can Google make off AI overviews in a world where people aren't viewing advertisements and clicking on them as much. And so that's going to dictate where Google is going to draw the line on how much it's willing to pay. Yeah. And it also wouldn't shock me, you know, OpenAI has already experimented with advertisement inside of the answers around certain types of responses. We could easily see that get embedded inside of a Google overview, AI overview. And therefore, that sort of becomes the way that they get additional compensation that allows them to make those payments.

33:16Jenn Cutter: the payments. Well, Andy, this is great. Always good to get a little follow-up and a little deep dive here. Appreciate it very much. If folks want to get your ongoing deep dives on everything that you talk about, where should they go? So I write a lot about the collision of AI and media tech over at enginesofchange.ai. Fantastic. Thanks, man. Thanks, sir. Well, folks, if you have feedback about what Andy and I talked about or anything that gets brought up on the show, get in touch with us on the social networks at DTS show on X, Instagram, Threads, Blue Sky, and Mastodon. And for TikTok and YouTube, you can find us at Daily Tech News Show.

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34:53Andy Beach: We end every episode of DTNS with some shared wisdom. Yesterday, we discussed a story that scientists had found that people passing along low-quality LLM output was slowing down the productivity of gains using LLMs and dubbed it WorkSlop. Today, Andrew from Colorado has some thoughts on that.

35:13Jenn Cutter: Yeah, Andrew writes, DTNest team, as a longtime software engineer, WorkSlop really sounds like a much larger section of the working world is now dealing with copycoding. where an engineer would get stuck looking for a solution, Google it, and copy-paste the first answer from Stack Overflow slash Reddit that they found and hoped it worked. My most recent work slop story is from my current project where I needed to change a bit of logic and in doing so, broke a lot more things than I meant to due to some tests that felt AI generated because they just didn't make sense on closer inspection. It took me half the day to properly get things working again.

35:51Jenn Cutter: I went to our version control system to see who made that initial implementation. It was me from a few months back. Always good to get a little humility every now and then. Past me is one of the worst programmers I know, says Andrew from Colorado. That's a great story, Andrew, especially because, yeah, I've been in that situation. Like, who did this? And you're like, oh, I did that. Okay. Got it.

36:15Andy Beach: Past gen is apparently the worst at labeling footage.

36:18Jenn Cutter: Yeah.

36:19Andy Beach: It makes current gen very upset. of thing.

36:21Jenn Cutter: It's that kind of thing for sure. So yeah, not all work slop is just lazy people. Sometimes it's for totally understandable reasons. But yeah, code copying, or I'm sorry, copy coding is kind of the same thing as work slop. It's just the work slop that we were describing in yesterday's show is a lot easier to make happen because you just type in a sentence in chat GPT and boom, you get it. You don't have to look very hard.

36:48Andy Beach: what are you thinking about do you have some insight into a story or some cool stories of your own that we love hearing please share it with us over at feedback at dailytechnewsshow.com

36:59Jenn Cutter: big thanks to andrew from colorado and andrew beach for contributing to today's show thank you for being along for daily tech news show you can keep us in business just become a patron at patreon.com slash dtns i'll talk to you soon

37:17The DTNS family of podcasts, helping each other understand.

37:23Jenn Cutter: Diamond Club hopes you have enjoyed this program.

37:46help buyers find a car they love. It helps schedule a test drive, get pre-approved for financing, and estimate trade-in value. Advanced, intuitive, and deployed. That's how they stack. That's technology at Capital One. There's a reason millions of people start their day with Morning Brew Daily. Each morning, we break down the biggest news in business from the latest tech headlines to why nobody can afford a house right now. All in a format that fits seamlessly into your day. You'll leave each episode of Morning Brew Daily smarter and ready to take on the world around you. I'm Toby Howell. And I'm Neil Freiman.

38:19And we're ready to show you that business news doesn't have to be boring. So join us on Morning Brew Daily, available wherever you get your podcasts.

From the publisher

Why an app that pays you for call recordings is the most popular app right now. And we dig into why Penske Media’s lawsuit against Google is more significant than previous copyright lawsuits against AI companies. 


Starring Tom Merritt, Jenn Cutter, and Andy Beach.


Links to stories discussed in this episode can be found here.

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