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Seahawks CB Devon Witherspoon joins Byron Murphy on FOX Sports ranking
Seahawks star Devon Witherspoon may end up being one of the three best cornerbacks in the NFL in 2026 once thr season is all said and done.
Zach Gilford is glad he wasn’t cast as Reid on “Criminal Minds” years before joining revival: ‘It would’ve been more boring if it was me’
The “Friday Night Lights” alum just concluded a four-season run on “Criminal Minds: Evolution.”
Zach Gilford is glad he wasn’t cast as Reid on ‘Criminal Minds’ years before joining revival
‘Criminal Minds’ star Zach Gilford auditioned for Reid in the 2005 pilot, but he has no hard feelings about not even getting a callback: ‘It would’ve been more boring if it was me,’ he tells EW.
What if your ‘lizard brain’ never existed? Scientists challenge a 70-year-old theory and uncover the wiring battle that may have shaped human intelligence
For decades, the human brain was like some evolutionary skyscraper: ancient instincts on the bottom, emotions in the middle, and sophisticated reasoning on the top. That’s a good reason why we sometimes feel stuck between impulse and logic.
Amazon Restocks Loads of Rare Pokémon TCG Sets for Labor Day, Including Hard-to-Find Prismatic Evolutions Super Premium Collections and Destined Rivals ETBs
Amazon has restocked rare Pokémon TCG products for Labor Day, including Prismatic Evolutions Super-Premium Collections and Destined Rivals Elite Trainer Boxes.
DeVonta Smith taking control of Eagles' new-look receiver room
DeVonta Smith is the Eagles’ unquestioned WR1 going into 2026 and has been taking control of the new-look receiver room.
Prof Elizabeth Streicher unravels the science behind drug-resistant TB
Prof Elizabeth Streicher of the Division of Molecular Biology and Human Genetics delivered her inaugural lecture on Tuesday 1 September 2026. Her research focuses on the transmission and spread of Tuberculosis (TB). Knowing where TB transmission is happening can help to stop it from spreading. Prof Elizabeth Streicher of the Division of Molecular Biology and Human Genetics in the Faculty of Medicine and Health Sciences delivered her inaugural lecture on Tuesday 1 September 2026. The title of her lecture was Decoding tuberculosis: the evolution of technology, epidemiology and the Mycobacterium tuberculosis genome. Streicher explained to Corporate Communication and Marketing how molecular epidemiology (using genetic information to track how and why diseases spread through populations) has improved our understanding of where drug-resistant TB comes from, how it spreads and how drug resistance evolves within and between populations. Tell us more about your research and why you became interested in this specific field. Overall, our research group studies the genome (complete set of DNA instructions found in a cell) of Mycobacterium tuberculosis, the bacteria that cause tuberculosis (TB) disease. Various regions of the genome are interrogated to study different aspects of the disease. My main focus has been on the epidemiology of tuberculosis – how the bacteria’s genome changes over time and what this tells us about the transmission and spread of the disease. How would you describe the relevance of your work? If we understand how the bacteria that cause TB change and spread, it can assist in combating TB globally. How has molecular epidemiology helped improve our understanding of drug-resistant TB? Molecular epidemiology was very important in drug-resistant TB as it was originally believed that bacteria that become resistant to antibiotics would be less fit and not be able to transmit. But it was shown that they can transmit, and therefore have to be monitored to identify hotspots of transmission and outbreaks, etc. Can you tell us briefly about the spoligotyping technique and its advantages for studying drug-resistant TB? Spoligotyping (a molecular technique used to identify and track specific strains of TB bacteria) does not detect drug resistance, but since the technique is relatively quick to do, it can be very useful in real-time situations, e.g. to monitor outbreaks of drug resistance. Why are interrupting transmission chains and identifying genomic hotspots important for controlling the spread of TB? Knowing where TB transmission is happening can assist in allocating resources to those areas to stop future transmission and spread of TB. Higher education can be challenging. What keeps you motivated when things get tough? Students – how they are so passionate and dedicated to learning and contributing to research and society as a whole. What aspects of your work do you enjoy the most? Again, the students and colleagues! But also the fact that it is continuously changing and thereby we are learning and expanding our knowledge. In the end, I know that we contribute to a better society in our small way. Tell us something exciting about yourself that people would not expect. Even though I love hiking (day and multi-day hikes) and being outside, I really do not like camping! How do you spend your free time? I love hiking (wellbeing in nature) and like to watch most sports. ©Higher Education Media Services. Subscribe
How a Colorado School District Is Fighting Trump’s Anti-Transgender Push
Jefferson County, Colo., is one of the few public school systems to sue the Trump administration over demands that it revoke transgender protections or face funding cuts.
Second warning may cost this Evans business its licenses
Columbia County officials are moving to revoke the licenses of an Evans massage business after repeated violations.
Researchers put bright patterned sleeves on 94 hunting cats, and the birds they brought home fell by nearly two-thirds — the colors made stalking cats easier for birds to spot, while their success against mammals barely changed
A simple wardrobe change revealed a blind spot in predators: birds evolved to spot danger, but mammals didn't.
Supervisors OK Grant for East SD County Small Businesses
Small businesses in east San Diego County will be eligible for loans of up to $50,000 under a new revolving loan program approved by the county Board of Supervisors,
Jaguars Have 21st-Hardest Strength of Schedule in 2026
Coming off an eight-game winning streak, Jacksonville looks to capitalize on a favorable slate while Trevor Lawrence mirrors a high-octane offense featuring deep threat Brian Thomas Jr.
The core anti-Pangram constituency is phony writers
Welcome to The Closing Argument, our verdict on the news, plus everything The Argument published and appeared in this week. The Verdict, by Kelsey Piper A lot of people hate AI for drowning the internet in slop and displacing human creatives. You might think that these people would be thrilled by a program that can identify and flag AI-generated work. But many people who hate AI also hate Pangram, an impressively accurate AI detector that produces very few false positives, according to high-quality independent research. This loathing found its most recent expression in a bizarre Wired article that amplifies a wide range of false arguments from Pangram skeptics: that AI detectors are racist (they’re not) or ableist (they’re not)1 or don’t work (this one does)2. Rather than starting from the premise that it would be really valuable to have a working AI detector and scrutinizing Pangram to make sure it lives up to that promise, the article starts from the premise that Pangram obviously has bad vibes and sets out to discover why. (One answer: The CEO microwaved lunch during an interview!) Why aren’t writers who resent Pangram more eager to distinguish themselves from posters who are having ChatGPT ghostwrite all their work? There are a few different things at play, but I think one key dynamic is this: These are often the same people. A core constituency for arguments like Wired’s is “writers” who are using AI to write their posts but resent this fact being made public. They stand to lose from AI detectors because AI detectors call them out. Share When Substack announced a partnership with Pangram, a sizable fraction of the platform’s authors rose up in outrage. Some people had experience with other AI detectors that didn’t work, and some felt that AI writing ought to be encouraged — both of which are fair enough. But the fury was fueled by authors passionately insisting that Pangram kept wrongly accusing them on almost every post they published. Pangram can be wrong, especially on short passages. But in the overwhelming majority of cases where Pangram looked at a whole blog post rather than a single paragraph, the program correctly detected work as AI. Even if we can’t be 100% sure in any individual case, we can notice the trend in the aggregate. Wired quotes Sam Illingworth, a professor of critical AI literacy at Edinburgh Napier University, who said, “I don’t think [AI detectors] work. … I think that detectors are prejudiced against certain people.” This spring, he said that he used AI for research and editing; this summer he acknowledged that in addition to research and editing, he also uses it “now and then for a turn of phrase I keep.” Pangram informs us that most of his posts are 100% AI-written (some are mixed AI-and-human) and that 100% AI-written posts started appearing last year. The favorable interpretation is that, as someone whose recent work Pangram consistently mistakes for AI, Illingworth sees Pangram’s flaws firsthand. The unfavorable interpretation is that the tool’s credibility trades off against his own, because its account of who writes his posts is not consistent with his. Illingworth is not alone in insisting the detector does not work. “It’s a Monday night in late July, and I’m pasting my own Substack draft into an AI detector for the first time. Not because I’m worried. Because I’m curious. I wrote every word of it myself, the way I write everything, out loud in my head first, in a rhythm that still carries the accent of a language I learned to think in before I learned to write in this one,” begins one Substack post by an author indignant that Pangram flags her writing as AI. “That’s the part I had to sit with before I could write this.” If you, like me, have worked with AIs a lot, you won’t even need Pangram there. The author of that piece is AI. It is obviously AI! I checked 10 other posts on the blog, and they were also obviously AI! “I have spent 22 years as an award-winning author and essayist. And now this bullshit tool that learned from MY writing is going to accuse me of plagiarism,” popular Substack writer Carlyn Beccia wrote in an anti-Pangram post. “For the last and final time, AI DETECTORS DO NOT WORK.” Here’s what her writing sounded like in 2020: “Most success stories revolve around one person who believed enough in you to say — give it a try. We call these people muses, but they are so much more than that. They are the strong man giants whose shoulders we stand on so we can see the horizon. Throughout the editing process, I am sure my editor felt less like a giant of greatness and more like Atlas with the world on her shoulders.” Pangram says it was 100% human-written. (So were other articles of hers in 2020.) And here’s what it sounds like now: “And then there is the reshuffling, which sounds like paperwork until you remember that empires have always loved paperwork. The Trump regime recently moved special education oversight from the Education Department to HHS. That is not a minor bureaucratic transfer. It changes the frame.”3 Pangram says this is mostly AI. I am not convinced that Pangram is wrong. In my own experience, Pangram is very effective on long texts — if it marks a long essay as AI, the essay was either written by AI or deliberately written to sound like AI. On tweet-length or paragraph-length texts, it’s not perfectly reliable. It seems to work just as well for non-native English speakers as for native speakers. While I have seen dozens of claims of pre-2022 text returning a positive result on Pangram, I have tried repeatedly to corroborate those and have never once succeeded. To be clear, I’m absolutely not saying that complaining about Pangram suggests a writer is a cheat. There are plenty of other concerns. Most are mistakenly premised, such as the false claim that Pangram trains on work you put into it, but others are reasonable: It’s unreliable on sufficiently short text segments; it creates an internet witch-hunt mentality when there are defensible uses of AI; people who are open about their AI use are sometimes blamed, when the only people really doing something wrong are the ones who hide it; and it isn’t perfect, so a single positive result shouldn’t be taken as decisive proof of misconduct. I’m happy to concede that Pangram is imperfect and possible to over-rely on. If an author’s posts are mostly non-AI and one scans as partially AI, this could be a mistake. It’s also possible to defeat Pangram with intentional effort. If you think we need something more robust and more reliable, fine! But if you don’t like AI and don’t like Pangram, your attitude really ought to be that it’s a shame that our existing tools for AI detection are imperfect, and it’s important to invent better ones. If your stance is instead that AI is evil and so is looking for AI, then ultimately you’re contributing to the sloppification of the internet. You’re making it harder for people who write their own text to distinguish themselves, and providing cover for authors who are definitely not writing their own text. Subscribe Top stories this week, by Kobe Yank-Jacobs Commentators often worry that the decline of reading could mean the decline of liberal democracy — but deliberative governance actually predated widespread literacy. This week, Maibritt Henkel pointed out that many liberal cultures thrive on a culture of raucous, interactive debate, which can happen in-person as easily, if not more so, than in text. Read on, dear reader, to learn more. It may actually cheer you up: [ ](https://www.theargumentmag.com/p/reading-wont-save-liberalism) [ Reading won’t save liberalism ](https://www.theargumentmag.com/p/reading-wont-save-liberalism) Maibritt Henkel · Sep 1 [ Read full story ](https://www.theargumentmag.com/p/reading-wont-save-liberalism) It used to be bad to downplay climate change (if we mean denying its reality). Today, it’s actually good to downplay climate change (if we mean keeping the issue out of political fights so we can make real progress). This counterintuitive view is called “climate hushing,” and contributor Alex Trembath argued that it’s the key to enacting good policy going forward. Get up to speed on the latest in climate politics: [ ](https://www.theargumentmag.com/p/we-wont-stop-climate-change-by-talking) [ We won’t stop climate change by talking about it ](https://www.theargumentmag.com/p/we-wont-stop-climate-change-by-talking) Alex Trembath · Sep 2 [ Read full story ](https://www.theargumentmag.com/p/we-wont-stop-climate-change-by-talking) Canada’s Prime Minister Mark Carney is standing up for the forces of liberalism against Donald Trump’s assault on our closest ally. So, why is one prominent left-wing commenter attacking Carney? Columnist Matthew Yglesias explains: [ ](https://www.theargumentmag.com/p/when-economic-liberty-means-central) [ When "economic liberty" means central planning ](https://www.theargumentmag.com/p/when-economic-liberty-means-central) Matthew Yglesias · Aug 31 [ Read full story ](https://www.theargumentmag.com/p/when-economic-liberty-means-central) 🌟Abundance Wins of the Week🌟 Shout out to my home state of California, whose legislature passed two housing bills this week. One requires a housing density minimum in transit-oriented areas of the state’s most transit-rich cities (Los Angeles, Sacramento, San Francisco, Oakland, San Jose, San Diego, and Long Beach). Another bill closes two common loopholes used by third parties to delay housing projects, including an opportunity to challenge maps of a given lot created by the developer after a project has been approved. Shout out to our big-state rival, Texas, where pro-housing SB 785 took effect this week. The new state law requires municipalities to have at least one district permitted for manufactured housing without a special permit. This will promote zoning changes in 44% of municipalities. The company Fervo Energy signed a deal with Google for what is set to be the world’s largest enhanced geothermal facility, proving a technology can work at a scale that could be crucial to a decarbonized, energy-abundant economy. Share Worth watching… This week, forecasting legend Nate Silver joined Jerusalem, Matt, and Jeremiah on a crowded episode of the pod. It was a party. And speaking of parties, our round table debated the factional lines within the Democratic Party: Is it possible to be center-left and also anti-establishment? Watch or listen to find out: The Rio Grande Valley in Texas is one of the areas that swung hardest toward Trump in 2024, but musician Bobby Pulido is running to flip it back. Right now, The Argument/Split Ticket’s model has him running 1.1 points behind his Republican opponent in a district Trump won by 18 points. Tune in to find out how he differs from national Democrats and what he thinks he can to do win this seat. On Thursday, Bernie Sanders was among the first politicians to call for a ban on superintelligence. My guest this week, Andrea Miotti, has been lobbying to ban superintelligence for several years, most recently in the U.K., U.S., and Canada. I asked him how he gets legislators to take speculative risks seriously, and we dug into what plans might look like to actually pass a ban. Listen to learn more: What’s News with The Argument The Argument recommends, by Kobe Yank-Jacobs If we ever lose track of Justin Zuckerman, I’ll have the team split up and check all the movie theaters in the city. I’m shocked (and a little jealous) at how often he gets out to see good cinema. This week, he brings us It Ends, a “horror-ish movie,” which he described as a “Gen Z Waiting for Godot.” I was intrigued before he added that it was “funny, dark and existential” — at which point I was fully locked in. I guess I also had existential themes on the mind this week. One morning, a single line from a poem I read long ago just came to me: “Is death a stretch of time in which a life is just a flash?” The poem is called “From 20,000 Feet” by Heather McHugh. I suggest the version in The Vintage Book of Contemporary American Poetry, which, by tradition, my best friend and I always bring backpacking, extra weight be damned. We’ll stay thematically dark for just one more rec from senior editor John Robert Thomason, whose upcoming trip to Baltimore reminded him to suggest Michael Clune’s memoir White Out (about being addicted to heroin in Baltimore in the 1990s). Ben Lerner’s blurb called it _“_Disturbing, brilliant, hilarious—it’s as if Proust had written Jesus’ Son.” John told me this “seems accurate, with the caveat that I’ve never read Proust.” I, personally, have also shelved Proust until retirement. At this point, I was a little concerned for the team since all of us tossed out such psychologically grim material — maybe we’re all down about the end of summer — but thankfully, at least a few of us were into more upbeat selections. Milan Singh recommended Made In’s 5-quart stainless clad saucier, suggesting he had some fun in the kitchen. Jeremiah Johnson asked if he could recommend yet more Carly Rae Jepsen. Once denied, he offered up Game Changer instead_,_ calling it “the most wildly creative game show, maybe in the entire history of the genre.” Eli Richman mentioned _Lucky, “_a B-tier show with an A-tier cast and an S-tier theme song.” I suppose he was recommending the song, Horns of a Bull. Still, despite these cheerier recs, I couldn’t help but be concerned that we were subconsciously worried about racing toward summer’s end — the end of swim trunks and splashing around. Then a message landed reminding me of the three-day weekend to come. A whole extra day for sunshine. One more swim in the lake. I was grateful this called to mind yet another line from a poem, one by Mary Oliver, the patron saint of every gorgeous summer day (and about whom a documentary is now out). Speaking to God in the poem “Thirst,” she wrote: grant me, in your mercy,a little more time. Love for the earthand love for you are having such a longconversation in my heart. We have merch! We have quarter-zips, keychains, hats, and stickers. Each one is a great conversation starter in its own way. Buy them here. Subscribe More to read: [ The Opening Argument ](https://www.theargumentmag.com/p/seeing-like-an-elite)[ Seeing like an elite ](https://www.theargumentmag.com/p/seeing-like-an-elite) Kobe Yank-Jacobs · Sep 4 What do Americans hear when they watch Sen. Bernie Sanders or Vice President JD Vance rail against the elite? Are they thinking of right-wing tech billionaires? Imperious college professors? Liberal magazine writers? [ Read full story ](https://www.theargumentmag.com/p/seeing-like-an-elite) [ The Weekly Scroll ](https://www.theargumentmag.com/p/god-is-back-on-the-timeline)[ God is back on the timeline ](https://www.theargumentmag.com/p/god-is-back-on-the-timeline) Jeremiah Johnson · Sep 5 This week, we’re talking about Substack’s new religious debates, the continuing MAGA influencer scandal, how to retire from YouTube, and aura battles. [ Read full story ](https://www.theargumentmag.com/p/god-is-back-on-the-timeline) 1 This was a legitimate thing to worry about, but doesn’t seem to be a problem given the actual technology: Marijke Van Vlasselaer, Filip Van Droogenbroeck, and Bram Spruyt’s 2026 paper looks at whether Pangram is less accurate when evaluating the work of non-native speakers of English. It isn’t. That’s because Pangram isn’t really looking at how “unusual” a piece of writing is but whether it has the characteristic patterns of LLMs. The Wired article makes an odd gesture at a different Pangram-is-racist argument. There were several controversies this summer during which upcoming books were canceled after being discovered to be AI-written: “The three novels mentioned earlier — Shy Girl, Daggermouth, and Call Me, easily publishing’s biggest AI-detection scandals — were all written by writers of color.” But come on! As Zvi Mowshowitz put it: “They were not primarily written by people of color. They were primarily written by AIs.” That’s the whole problem! And as my colleague Jeremiah Johnson recently observed with respect to Cambridge’s Arday scandal, a community being unwilling to call out fraud if it’s perpetuated by people of color is not an anti-racist tendency; it is ultimately quite racist. 2 Many non-Pangram detectors don’t work, but many possible airplane designs also don’t work, and no one considers this a general argument against aviation; the thing that matters is whether any detection works. 3 The phrase “empires have always loved” mysteriously became all the rage in the last few years. See here, here, here, here and here. Before 2025, the only use of that phrase I have been able to find is a single Tweet. The logic of the sentence, too, is incoherent in an AI-characteristic way. “...sounds like paperwork, until you remember that empires have always loved paperwork”? Does remembering that make it sound less like paperwork? It’s a craft-ful sentence, but what is it actually saying??
Scientists Think Campfires May Have Helped Humans Invent Language. Here’s Why.
Researchers theorize that firelight, storytelling and shared attention may have helped push human communication beyond basic survival signals.
AMD’s Ryzen AI MAX+ PRO 495 Powers GMKtec’s EVO-X5 PRO To Run 300B+ Models Locally On 192 GB of Unified Memory
GMKtec has launched its flagship Mini Workstation, the EVO-X5 PRO, which rocks AMD's fastest Ryzen AI MAX+ PRO 495 chip.
Why Is China Betting Billions on a Secret Science Almost No One Knows? - Futura-Sciences
The Silent Quantum Revolution In the shadows of headline debates about semiconductors and artificial intelligence, a quieter, subtler scientific revolution is underway between global superpowers. In the spring of 2025, China unveiled its ambitious strategy to dominate quantum metrology—the ultra-precise science quietly governing our technological world. This marks a frenetic...
Colin Kaepernick on his political evolution and which current politician he believes is ‘moving the needle’
Kaepernick writes in his new memoir, “The Perilous Fight,” that he has since changed his views after he said would not vote in the 2016 presidential election.
‘Politics of disaster’ does little to help those on the ground
China was affected by the mudslide. China then mobilized to respond to it. China assisted Nepal in responding to it. Turning an evolving humanitarian crisis into an immediate geopolitical morality play does little to help those on the ground.
AI optimism vs. anxiety — podcasters debate this every night
President Donald Trump, CNBC’s “Mad Money” host Jim Cramer and entrepreneurial “accelerationists” celebrate the AI revolution and the infrastructure data-center build-out. Cramer recently gushed, “I like data centers so much that I wish I lived in one.” Trump criticized any community that opposes them as losers who will lose jobs and taxes — and will weaken […]
Columbus Crew handles business in 3-0 win over Colorado Rapids, snaps five-match losing streak
Just when you count them out, the Crew pulls you right back in. After losing five consecutive matches amid a summer in which the Black & Gold’s squad overhaul has created a revolving door…
Independent journalism in global health: Priti Patnaik
Independent journalism in global health: Priti Patnaik / Gevorg Tamamyan, global health financing, Global Health Policy, health accountability, health
Albany Med Health System names Andrew DeVoe chief financial officer
Albany Med Health System President and CEO Daniel T. Pickett III announced the appointment of Andrew DeVoe as executive vice president and chief financial officer, effective Oct. 5, 2026.
The Pixel 11 Pro should be a disappointment, but after 3 weeks with the phone I can't put it down
The Pixel 11 Pro and 11 Pro XL aren't revolutionary new Android phones from Google — but that doesn't stop them from being damn good.
Author Lise Barnéoud on the bizarre and provoking world of microchimerism — when cells from one person live in another, genetically distinct individual
Journalist and author Lise Barnéoud talks to Live Science about her book "Hidden Guests," which dives into the field of microchimerism and how it's transforming our knowledge of genetics, immunology and evolution.
Stephanie Hill: What needs to be preserved
I love a good plan in the way some people love binge-watching your favorite show, sleeping in on the weekends or devouring slices of pizza. I make to-do lists for
Kevon Looney: Lakers will 'run through a wall for' Luka Doncic
Kevon Looney came away from Luka Doncic's recent Lakers minicamp impressed with the superstar's leadership.
Charlevoix pulls off second straight comeback victory against a rival
For a second straight week, Charlevoix football saved its best for the second half, this time against rival Boyne City at home.
Venice Immersive celebrates 10 years of XR
Venice Immersive celebrates 10 years of XR as sector evolves and grows.
Venice Immersive Celebrates 10 Years of XR Evolution and the Growth of Location-Based Entertainment
Ten editions in, Venice Immersive has plenty to celebrate — just don’t expect the new-media showcase to spend much time looking back. “We’re not planning any retrospectives,” Venice Immersive counselo...
From cockroach milk to stepping on snakes, Ig Nobel awards celebrates science at its oddest
Cockroach milk, kissing evolution and the underwear soil test were among the unusual real studies honored at the Ig Nobel ceremony in Zurich.
From cockroach milk to stepping on snakes, Ig Nobel awards celebrates science at its oddest
Cockroach milk, kissing evolution and the underwear soil test were among the unusual real studies honored at the Ig Nobel ceremony in Zurich.
Democrat Manny Rutinel resigns from state House to focus on competitive race in Colorado’s 8th Congressional District
Democratic Rep. Manny Rutinel resigned from the state legislature Friday to devote his full attention to his campaign in Colorado’s 8th Congressional District, where he is challenging Republican U.S. Rep. Gabe Evans. The open seat in House District 32 will be filled by a vacancy committee. The Adams County Democratic Party has not responded to […]
15 discouraging hours with Onimusha: Way of the Sword, and 10 brilliant ones with He Who Watches
In the last few weeks, while playing some video games that I might review, I emailed two cries for help. I sent the first to a rep for Capcom, confessing that the company’s samurai game Onimusha Way of the Sword (out today for PC and console) was crushing me. “Feels like I’m playing ‘hard’ mode, not ‘normal,’” I wrote. “And I don’t want to have to knock it down to “story”. I’m exploring, trying to level my gear, but these two-phase boss fights with no mid-fight checkpoints are brutal.” I wagered I was only about halfway through the game, if that. I wasn’t sure I could keep up with the steepening difficulty curve. Was I missing something? Then, on Monday, I took some photos of some puzzles that were baffling me in the mind-bending He Who Watches (out now on PC), wrote out lengthy descriptions of how I’d been trying to solve them and asked Bobby Vanden, the game’s solo developer, for a nudge in the right direction. I told Vanden I’d spent hours on these puzzles. “I’m stuck in triplicate,” I told him. Could he tell me if the solutions I was attempting were even on the right track? I didn’t mention that the puzzles—coupled with major time pressures from other work—were stressing me out so much that playing the game was giving me headaches. This double dose of panic was unusual. I’m used to managing a workload full of reporting and reviewing, used to a crowded schedule and the need to stay calm amid the bustle. But I was stressed about these games. No one was forcing me to review them, nor even play them. I’d simply found them interesting enough to start, hoped they’d be interesting enough to write about and I’d sunk hours into them assuming I’d made the right call. Suddenly, however, I felt trapped. I was emailing for a way out. Above: This guy took me about an hour to beat. The feedback I got from Capcom confirmed my fears. They didn’t say it, but I will: Onimusha Way of the Sword is not for me. It’s a brutally hard game in need of a normal difficulty level. It’s a game that spikes so severely during its abundant boss fights—yet offers such flawed ways to improve when outside of them—that it feels like a bait-and-switch. In the new Onimusha, you play as famed samurai Musashi Miyamoto, aided by a magical soul-absorbing gauntlet that is possessed by a lady who offers advice. (Way of the Sword is a continuation of Capcom’s long-dormant Onimusha series, but that set-up had me wondering if the company was cribbing from their ill-fated Bionic Commando reboot; read about “wife-arm” when you get a chance). Way of the Sword is partially set in 17th century Kyoto, an explorable city where Miyamoto can fight demons, help civilians and eventually rescue ghostly dogs. The city evolves over time, with new mini adventures and obtainable loot on offer, all feeding into systems that promise to upgrade your gear and sword-fighting skills. Upgrades, however, are so incremental as to be imperceptible, causing the exploration of Kyoto to feel like inconsequential busywork. From that hub, players can go on linear missions into forests and old temples, where they will encounter many of the game’s tough bosses. Combat in Way of the Sword is akin to many modern melee games. Players are asked to mix attacks with dodges and parries. They’re encouraged to deplete an enemy’s stamina bar in order to do greater damage to its health bar. The old Onimusha games’ signature move was the issen, a counter-attack so sudden it’s all but pre-emptive. You strike just as they begin to strike toward you, beating them to the cut. By definition, the issen is a high risk move, leaving you wide open to pain. It feels risky in the game, especially against bosses, who can maul you in just a few blows. A game might train you to perform an issen well by offering a variety of lesser enemies who are not as tough as the boss but get close. Or it might offer a toehold against bosses by saving or checkpointing the player’s progress when a boss’ first health bar has been destroyed and before the second health bar appears. It might offer the less skilled player a chance to over-level their character, should the player simply commit to playing through its optional sidequests. Way of the Sword does none of this. Fighting its trivially easy grunt enemies and then its ferociously adept bosses is like playing a game of chess where I’ve got a rook, while the opposing side is all pawns and five queens. Bosses simply don’t checkpoint. You may be able to clear a boss’ first phase without taking much damage. Good for you. Do it again, every time you fail the second phase. As for the the central Kyoto hub, I kept pace with all of its added side activities and never felt like I was overpowered. Bosses could still easily buckle me. The new Onimusha, I concluded, is just too discouraging to keep playing. The advice I got from Capcom had been well-intentioned. They reminded me of the game’s various systems. They alerted me to an optional assist that flashes recommended button inputs (basically: counter this move; dodge that move). It was a little helpful. So was dropping down to “story mode,” which I tried last night. Story mode turns on those button prompts by default. It makes countering and dodging way too easy, nearly automatic. I don’t consider myself a master of action games like these, but I’ve cleared the likes of God of War, Stellar Blade, Star Wars Jedi and others of sub-Sekiro difficulty and had a fun time doing so. Not here. Not yet. Unless they patch Onimusha: Way of the Sword and add a middle difficulty or just checkpoint the damn bosses when they’re between health bars, my streak of loving Capcom games released in 2026 will likely end at two. It’s a shame, because I was having a good time finding those ghostly dogs. And then there’s He Who Watches, a phenomenal first person puzzle game with Portal vibes, except instead of a portal gun you’ve got a magical bow that shoots one arrow that can activate switches or be used to drag blocks. The twist is an actual twist: you can also walk on walls and the ceiling, reorienting gravity as you do, thereby placing blocks onto those other surfaces. Walking on walls and ceilings to solve problems is really the best thing. Would that I could in reality. He Who Watches consists of locked-room challenges, each brief enough to only require about a minute to actually solving, though it will take five, 10, eventually 30 minutes to figure out said solutions. They are not obvious! It’s a game of layered mechanics and shocking solutions. For example, see if you can follow this: You can drag a block to a wall. Then you can walk on the wall, which now feels like the floor, and drag that block across the wall. Later, back on the floor, you might realize you can look up. The block is still on the wall, stuck to it. You can shoot your magic arrow to its underside. Doing so creates a tether, so that you can yank the block off the wall and carry it, as if it were a balloon, into the spot where you need it to be to solve the puzzle. Here, watch Vanden explain some of the game’s basics in this launch trailer: As with any great puzzle game, the solutions to He Who Watches’ puzzles elicit relief and amazement. Oh my god, that worked! I didn’t even think that could be possible! Learning to solve the game’s puzzles feels like learning magic. But, oh, does the game get hard. Its Steam reviews, mostly glowing, are full of players remarking how quickly He Who Watches made them sweat. Wrote one: “loving this one already although my brain is hurting!” Wrote another: “As you get further in the game it feels like you need an IQ level of at least 120+.” Vanden has shown some mercy. Each locked room puzzle includes an optional junior version of the puzzle, meant to teach you. Difficulty nevertheless ramps severely. By the time I was emailing Vanden for help, I was struggling to even clear one of the hint puzzles. When I messaged him, my stress was exacerbated by strange things I’d found in the game’s various hubs: suspicious passageways, odd blocks and some intriguing locked doors. These were hints of secrets, I realized, yet I sensed I needed to play further into the game to understand them. I was stuck, but I wanted to see the rest. Vanden offered to give me the exact solutions, to solve those three puzzles for me, but first he gave four nudges. Three were for the specific puzzles, but his best hint was for all and ultimately proved to be a terrific life lesson: go back a bit, he suggested. Do the puzzles right before those. They were teaching you something. Focus on what their lesson was. Don’t rush, in other words. Recognize what you’ve accomplished. Build off of that. I did so. I absorbed the lessons. I saw those three tough puzzles in a new light. I solved one the night after he wrote back, another the morning after. I left a third for another time. I didn’t need it and I wanted to plunge deeper into the game, closer to the moment when I was sure I could start unlocking those secret doors. My head stopped hurting, too. He Who Watches feels special. It’s got more challenges, and I’m undeterred. It’s also nice that its puzzles don’t have a surprise second health bar. Game File is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe Item 2: In brief… 🎮 Ilari Kuittinen, co-founder of Helsinki-based Housemarque (Super Stardust HD, Resogun, Returnal) has stepped down from his studio, after a 31-year run, saying he’s “ taking a rare and well-deserved breather.” Sony purchased Housemarque in 2021, and the studio released its newest game, Saros, earlier this year. Trend-watch: Sony-owned Insomniac saw its founder Ted Price retire in early 2025, after a 30-year run. Sony-owned Sucker Punch saw its co-founder Brian Fleming step down in late 2025, after a 28-year run. 👀 Savvy Games Group chief Brian Ward is stepping down from the Saudi-government-backed games conglomerate, Bloomberg reports. No word on a long-term successor yet, nor if this augurs any closer integration between Savvy and Electronic Arts. EA was purchased by a consortium led by Saudi’s sovereign wealth fund, in early August. 💿 Square Enix has denied a Japanese media report that the company was planning to go private. In very different Square Enix news, the company revealed that the physical version of Final Fantasy VII: Revelation, the April 2027 finale of its radical remakes of FFVII, will include just one disc in its case, requiring a download for the rest. The first two FFVII remakes in the trilogy shipped on two discs apiece. While Square hasn’t commented on the reason why, a feature here in Game File last month broke down the processes and costs for physical games. The expense of a second disc comes out of the game publisher’s cut of each copy. Square could be saving in excess of a dollar a copy with this move. 🟥 Grand Theft Auto IV’s 26-minute ’‘extended look” gameplay showcase that premiered on Netflix last week—and was exclusive to the platform for six hours—drew 31.1 million views in its first four days, the streamer announced. (Netflix calculates views as total viewed hours divided by runtime; excludes replays). Compared to YouTube: The version that later premiered on Rockstar Games’ YouTube channel is sitting at 22.6 million views after seven days (YouTube’s more liberal counting system tallies anyone who viewed even just the first few second.) Compared to other Netflix mega-events: Last year, Stranger Things season 5’s first four episodes, which debuted together, drew a record 59.6 million views in their first few days on Netflix. For more of a live event type of comparison, in 2024, the Jake Paul vs. Mike Tyson boxing match drew 65 million concurrent streams as it happened; Netflix didn’t release live numbers for the GTA premiere. ☁️ Microsoft is changing the way it charges for cloud gaming, from an all-you-can-play offer for Xbox Game Pass subscribers, to caps for the subscription’s tiers (15 hours per month at the Ultimate tier), with the option to buy more hours in bulk beyond that. The company also said it will sell batches of cloud gaming time to non-Game Pass subscribers, details TBA. Microsoft does not release figures for cloud game usage, but said its changes would impact 4% of Game Pass subscribers. That implies a small portion of its subscribers exceed the 15-hour monthly mark. Cloud gaming offers the promise of playing games without the need for console or PC hardware, as the graphics, sound and controls are all transmitted via a streaming connection. Microsoft notes that its cloud gaming service can be used for a range of things, including Xbox One players using it to play newer-gen Xbox Series games via streaming; and people playing games via streaming, sans any console, “in markets where consoles are less available or affordable.” (That latter use case could even be relevant in Xbox’s home market soon, as console prices keep rising.) Take Two Interactive chairman Strauss Zelnick recently told investors he expects game-streaming tech, which has been only lightly adopted by gamers for over a decade, to be widely used within three years. 🇺🇸 The Trump administration has published multiple agenda-driven web video games to the White House’s website. One called Build The Wall partially clones Tetris as it asks players to build a wall to stop a “zombie border siege.” While actual Tetris involves clearing lines and basically not building a wall, the Trump-backed game omits the line-clearing aspect (and omits the fun as well). On Instagram, Tetris’ official license holders reacted by stating: “At Tetris we believe in the power of connection and bringing people together, not dividing them. To our fans everywhere: we love you, we see you, and we’re grateful to have you in our community. P.S. The Tetris Company was not involved in the creation of ‘Build the Wall.’ P.P.S.: We take copyright infringement very seriously.” Item 3: The week ahead: Tuesday, September 8 Game releases: Mewgenics (consoles; already out on PC) is an engrossing tactical combat game (with cats). It is getting its console port right after the release of a Star Wars tactics game and ahead of the late September launch of a Fire Emblem–a bumper crop for the genre. Wanderburg (PC) is an auto-shooting game like Vampire Survivors, but you’re a castle on wheels Event: Nintendo airs a 30-minute Nintendo Direct (10am ET) focused on The Legend of Zelda’s 40th Anniversary. A full unveiling of the upcoming remake of The Legend of Zelda Ocarina of Time is expected. Will they also show footage from next year’s live action movie? Tease the next big 3D Zelda? Add Link to Mario Kart World? Shadow-drop a new Tingle game? Wednesday, September 9 Event: Nintendo again! On this day, they’re planning to air a 45-minute Nintendo Direct (10am ET) focused on games heading to Switch 2 this winter. Followed by about an hour of gameplay demoed by the company’s Treehouse team. The September Nintendo Directs are always some of the year’s biggest. The 2025 edition included announcements of several major 2026 Switch/Switch 2 games: Pokémon Pokopia, Mario Tennis Fever, Yoshi and the Mysterious Book, Fire Emblem Fortune’s Weave. Plus the return of the Virtual Boy. Friday, September 11 Game release: EA Sports NHL 27 (PlayStation, Xbox) is a hockey game. There are so few that an indie studio that had been making wacky sci-fi first-person shooters just announced that, hey, we’re going to fill a void and make a hockey game for PC.
Gloria Steinem appreciation: Celebrating a rock star of revolution
Gloria Steinem always listened more than she spoke, which is one reason her words had such lasting impact.
Evolutionary Origin of Information: The Problem of Robustness
It is surprising to me that the authors of these studies did not consider it more of a priority to understand the mechanics of robustness.
Life evolved thanks to an giant poop explosion, say scientists
This so-called ‘faecal revolution’ could have been key for the emergence of life on Earth as we know it, according to a recent study
Sony's PlayStation disc plant is losing 10 percent of its volume in 2028, not 90
Sony’s PlayStation disc plant is losing 10 percent of its volume in 2028, not 90 Sony won’t license disc pressing to anyone else, Microsoft does, and a former PlayStation boss thinks that’s the whole problem. When Sony DADC chief Dietmar Tanzer spoke with an Austrian broadcaster in July about PlayStation disc production at the Thalgau plant, a number of press outlets misunderstood the report, writing that production would fall to a tenth of current levels. It won’t. Sony DADC confirmed to Game this week that the figure is a 10 percent decline, not a decline to 10 percent. “To clarify and avoid any misleading information: in that statement Dietmar anticipated an overall product volume decline by 10 percent, not a decline down to 10 percent,” a spokesperson with Sony DADC told Game. That figure covers 2028. Tanzer didn’t put a number on the years after, and the spokesperson declined to comment further. What we do know is that on July 1, PlayStation announced that physical game disc production for all new games releasing on PlayStation consoles will be discontinued starting January 2028 and that the transition has no impact on games that have already released in disc format or will be releasing in disc format prior to that month. “So, there will be reorders going to the market after January 2028,” the Sony DADC spokesperson said. “For details around that I would ask you to liaise with the PR team from PlayStation, as we can’t speak or comment on their behalf.” PlayStation officials did not respond to questions about reorders or other disc-related matters. But I did recently speak with Shawn Layden, Game Industry Strategic Advisor and former chairman of SIE Worldwide Studios, who called a future without physical PlayStation discs “depressing, but solvable.” then added, “I think.” The chief hurdle to third-party manufacturing of collector’s editions or any other version of a PlayStation game disc is that Sony owns the proprietary process to press those discs, Layden said. “And unless they decide or determine a way to license that to some of these bespoke disc manufacturers, there’s no way to make it happen,” he said. Layden was careful to add that he understands the concept but doesn’t have “line of sight on the particulars.” “Depressing but solvable, I think.” — Shawn Layden Microsoft already licenses replication to outside plants. Xbox discs are pressed by manufacturers Microsoft certifies as Authorized Replicators, a term defined in its publisher agreements, with the approved list set at the company’s sole discretion and Microsoft retaining the right to halt manufacture. The structure is still in place today: publishers select an Authorized Replicator in Partner Center and submit a bill of materials created with a Microsoft representative. Sony, by contrast, presses PlayStation discs through Sony DADC, its own manufacturing subsidiary. No one I spoke with said they were in discussions with Sony about doing that, and PlayStation hasn’t responded to questions about whether it would be open to a licensing deal. There is an obvious reason Sony might not want to. Niko Partners analyst Daniel Ahmad pointed it out on the day of the announcement: it’s a platform-led decision, he wrote, designed to cut costs, eliminate the resale market, and drive all revenue through the PlayStation Store. The math is not subtle. On a $70 third-party game sold through the PlayStation Store, Sony keeps $21. Sold at retail, Ahmad says, it earns about half that. Licensing disc replication to an outside manufacturer might not be worth it. And even if it were, it seems unlikely that such a deal would come from boutique companies like iam8bit, which sells collector’s editions of video games. “We would absolutely love to find a way forward to continue making physical PlayStation games,” said Jon Gibson, co-owner and co-creative director of the company. “We are big believers in giving humans the option to truly own media. If we can play a role in helping make that a reality for the future of PlayStation games, count iam8bit in!” If it were to happen, it would most likely be with a company like Conectiv Supply Chain Solutions, a Memphis-based manufacturer of optical discs and vinyl records that also runs third-party logistics, fulfillment and distribution for packaged media. The company, which was formed in 2025 when Los Angeles private equity firm Variant Equity Advisors purchased Vantiva’s Supply Chain Solutions division, traces its lineage back to Technicolor. When it sold the division, Vantiva described the business as having served video game creators for more than 25 years. Conectiv is also buying, not shrinking. Last month it acquired SDS, the distributor for Universal and Warner Bros. home entertainment, consolidating those studios’ packaged-media pipeline from pressing plant to retail shelf. I reached out to Conectiv and its CEO, but haven’t heard back. Layden pointed to music and books in our discussion about the ongoing value of physical media. “No one ever saw the comeback of cassette tape,” he said. “And vinyl didn’t so much come back. The flame went down, the fire’s dying, but the ember was always there, and it just kind of came back. Much like the book business. We thought we’d all be on Kindles right now. “I believe that physical media is crucial and important. One of the things that makes us gamers, one of the core game mechanics, going back to the beginning of time, is collecting stuff. “Did you get all the diamonds in Crash Bandicoot? Did you get all the stars in Mario? And we like to collect our games. And we have a game shelf. And we put all our boxes up there. And if you’re super hardcore, when you buy a game, you buy two copies, right? One stays in the shrink wrap, and you play the other one. What happens to that important cultural part of the gaming world? You know, we buy the steelbook and the three-disc Final Fantasy set and the figurine and, you know, you can’t download any of that. “What happens to that?” And Layden believes it shouldn’t have been a revenue question for PlayStation. “This was a core thing to the experience of our most devoted fans,” he said. “Yeah, it’s fan service. Why would we take that away? Well, we can’t afford to. It’s already 120 bucks, you know, limited edition special purchase onyx box version of whatever, and those sell at a higher rate than the box selling at $69.99 does. So yeah, the market has said they will continue to buy them. You’re just saying you just don’t want to make them anymore.” Layden said he was recently talking with someone about these sorts of business decisions and how they’re made. Too often, he said, it’s all about the financials and nothing else. “OK, we can do this and save this much money, or we can invest this to look at that outcome, or we can do this and have this happen over there, or move this team to Sri Lanka,” he said. “But each one of those, someone also has to have a ledger there saying, ‘OK, what is the brand impact from that move?’ “Iif you can’t resell it, do you really own it?” — Shawn Layden “If we do that, dollars and cents work out. I get it. That’s just math. But what’s the brand impact? Are people going to say, ‘Good move, you guys?’ Or are they going to say, ‘We hate you guys. Quit doing that.’ And sometimes they say, ‘We hate you.’ Then you take a note and say, OK, how much of that can we live with? How much ‘we hate you’ is OK. And when does it go over the line? “I see a lot of companies making decisions which, objectively speaking, I don’t know what the dollar end of that was for you, Mr. Company, but your brand value just dropped 30 percent. So I hope it was worth it.” Of course, shifting to a digital-only model for games raises other issues beyond simply wanting to collect. The biggest is ownership. Layden pointed out that once you go to a streaming-only or download-only model, it’s just a digital footprint on a hard drive. “What does ownership mean anymore?” he said. “It’s a genuine question. Well, in fact, it’s not even a question anymore. It’s like you are shifting the model from ownership to accessibility. “And what’s always been true, which people forget, is you’ve never been able to sell your iTunes library. And you can’t sell your PlayStation download library. So if you can’t resell it, do you really own it?” The touching tribute found in the credits for Star Wars Zero Company. Resonance: A Plague Tale Legacy Interview and Hands-On with a Minoan Masterpiece Star Wars Zero Company hands-on: Attack Astromechs, permadeath, and delightfully fatal Rube Goldberg tactics Control Resonant opens up as you get stronger — and as characters start trusting you
CVS Health Ventures looks beyond healthcare for its next bets
CVS Health Ventures has evolved from a $100m venture unit into a broader investment platform combining financial discipline with a mandate to drive strategic change across CVS Health.
Scientists watch a comet being born 3 billion miles away
A rare look at a centaur transforming into a comet with coma is providing a missing link in the evolution of small, icy solar system bodies.
Scientists watch a comet being born 3 billion miles away
A rare look at a centaur transforming into a comet with coma is providing a missing link in the evolution of small, icy solar system bodies.
One year after its founder's death, Armani faces challenge of 'inevitable evolution'
One year after the death of founder Giorgio Armani, the Italian fashion house is entering a pivotal period as the clock starts ticking on plans for an initial stake sale, after the group spent the last year focused on governance.
Princeton considers AI and data science-focused ‘evolution’ for ORFE department, specifics unclear
The ORFE major could undergo changes in the coming years as a new ad hoc faculty committee considers how the University can strengthen its research and scholarship in AI and data science.
Philadelphia Reporter Doesn't Believe Eagles' Makai Lemon is Ready
As the Philadelphia Eagles prepare for the first game of the season, the biggest question remains: what will they do to replace AJ Brown's production? I think one thing that people are forgetting is that the Eagles not only have to replace Brown's production with DeVonta Smith, but they also need to replace Smith's production. Smith is going to be the WR1, and rightfully so.
Behavioral Health Risks and State Strategies Related to Increasingly Potent and Accessible Psychoactive Products
On August 26, 2026, the NGA Health team convened state and territory health policy advisors to discuss how they are addressing the rapidly evolving market for psychoactive substances. The call featured Dr. Lynn Silver, Program Director at the Public Health Institute, to share her expertise on trends in cannabis potency, behavioral health considerations in relation […]
Ebola Outbreak 'Still Evolving' As Deaths Pass 3,000
More than 3,000 people have now died in the Democratic Republic of Congo's Ebola Bundibugyo outbreak out of 6,250 confirmed cases, the Africa Centres for
Reimagined Ocean Bar Debuts on Oosterdam with Expanded Entertainment
New live music offerings, enhanced performance venue and heritage-inspired design come together as part of Holland America Evolution
Reimagined Ocean Bar Debuts on Oosterdam with Expanded Entertainment
New live music offerings, enhanced performance venue and heritage-inspired design come together as part of Holland America Evolution Key Highlights New Ocean...
Planet Coaster Maker Announces Disney Game Development, Opening Doors to a Disneyland Park Creator
Frontier Developments, the studio behind Jurassic World Evolution, Planet Zoo, and Planet Coaster, has inked a deal with Disney to develop an upcoming game.
Sony and Microsoft say they’re not obligated to pass U.S. tariff refunds to consumers, echoing Nintendo
Back in July, Sony executives told investors that the company expected to receive $508 million in refunds from the U.S. government, after tariffs that the PlayStation-maker paid were ruled mostly in 2025 were found to be illegal. “Most” of the refund would by recouped by Sony’s gaming division, its chief financial officer said. This week, Sony’s lawyers are arguing that the company is not legally obligated to pass those proceeds on to consumers who paid for recently price-hiked PlayStation consoles. That’s in the face of a lawsuit from gamers calling on them to do exactly that. “Paying fair market price for voluntarily purchased consumer goods is not a legally cognizable injury in fact,” the lawyers wrote in a legal motion filed on Monday, as they asked a judge in California’s Northern District to dismiss a potential class action lawsuit over the tariff refunds. Microsoft made a similar argument two weeks ahead of Sony’s lawyers, in a similar lawsuit brought by a gamer in federal court in Washington State. As Microsoft’s legal team put it on August 21, in their request for a dismissal of that lawsuit: “There is nothing unjust about Plaintiff purchasing an Xbox at an advertised price and getting exactly what he paid for—regardless of whatever theory he devised months later about Microsoft’s cost structure.” Both legal fights are set to go on for some time. How things got to this point U.S. tariffs impacting a wide range of imported goods, including game consoles, had kicked off in early 2025. In May 2025, Microsoft raised the price of its Xbox consoles, citing “market conditions and the rising cost of development.” They raised them again that September. In August of that year, Sony raised the price of PlayStation 5 consoles, citing “a challenging economic environment.” Sony later told investors that its tariff fees for the fall quarter were nearly $200 million. in February of this year, the U.S. Supreme Court ruled the 2025 tariffs illegal, prompting impacted companies to begin to request refunds. In turn, consumers began suing the likes of Sony and Microsoft to get what they said was their share. The gamers in the Microsoft and Sony lawsuits argue that the 2025 price hikes of PlayStation and Xbox consoles, which added $50 or more to their sticker price, were due to illegal tariffs and should now be returned to consumers. The Sony suit started in May, when a group of gamers sued in federal court in California, saying Sony Interactive Entertainment (PlayStation) would be unjustly enriching itself if it did not pass tariff refunds to its PS5 buyers. “Sony is poised to be paid twice for the same unlawful tariff burden: once by its customers (through elevated prices) and once by the U.S. government (through tariff refunds),” the gamers’ lawyers wrote at the time. They called for Sony to partially reimburse anyone who bought a PlayStation in the U.S. since August 1, 2025. The Microsoft suit, filed by gamer Trevor Hastings against the Xbox giant in July, made similar claims. The console makers push back In late July, Nintendo’s lawyers, facing a similar suit accusing them of double-dipping on tariffs and refunds, replied with arguments that previewed Microsoft’s and Sony’s: “Nintendo or one of its retailers set a price for each product, and consumers decided whether that price was worth paying,” they wrote. Sony has buttressed that Nintendo-style argument this week by saying that the gamers have failed to prove that tariffs were the reason for its August 2025 PS5 price hike. They call thatclaim “speculative and illogical.” Other factors, including “inflation, currency fluctuations, component costs, logistics, competitive dynamics, or demand,” could have played a role. (No, the Sony lawyers do not break down the costs and factors that officially triggered the price increases). Microsoft has also argued that there’s no proof in these lawsuits that tariffs drove all or some of the price increase, as it seeks to dismiss the tariff refund suit it’s facing: “Plaintiff provides no specific allegations that would establish any pricing differential attributable to tariffs or suggest any possibility that Microsoft applied then or could recreate now any dollar-for-dollar calculation of tariff-related pricing—any more than it could any other market factor that affects pricing.” To further skewer the gamer side’s argument in its case, Sony’s lawyers have pointed to what might be a surprising defense: yet another PlayStation 5 price hike from this past spring, after the tariffs were ruled illegal. “If the original price increase were attributable to tariffs, SIE [Sony Interactive Entertainment, aka PlayStation] would have had no reason to raise prices again after the Supreme Court invalidated the IEEPA tariffs.” … “If tariffs were the cause of the price increases, one would expect SIE to lower prices once the tariffs were eliminated—not raise them again. Instead, the timeline confirms that the pricing of PlayStation consoles includes a diverse and dynamic set of input costs.” Judges have not yet ruled on the arguments made by Sony, Microsoft or Nintendo. Last week, Panic, the company behind the small, yellow Playdate handheld said it would be passing its tariff refunds on to consumers. It is the only gaming hardware maker to have made such a pledge. Game File is a reader-supported publication. To receive new posts and support my reporting, please consider becoming a free or paid subscriber. Subscribe Item 2: A reporter’s second Second Life Wagner James Au, who from 2003-2006 was paid by San Francisco-based tech company Linden Lab to be a full-time journalist embedded in their virtual world Second Life, is returning to the company. This time, he’ll be an editorial advisor and business development specialist, he tells Game File. The new role will involve trying to share the stories of people inhabiting Second Life’s ongoing online world with reporters and by extension the public. Au plans to continue to also chronicle some of that through his long-running blog New World Notes. I’ve known Au since the mid-2000s and featured him in a 2007 article for the Columbia Journalism Review about reporters like him opening up virtual news outlets within Second Life. As I wrote at the time: On April 22, 2003, writing as Hamlet Linden for the New World Notes blog on Second Life’s Web site, Au introduced himself. “For the next few months, Linden Lab has invited me to set aside my journalist cap, and instead, don the digital beanie of their in-house virtual correspondent.” He wasn’t paid to keep it positive. He wrote about builders and eccentrics, but then in August of that year, he reported on a tax revolt against Linden Lab (a complaint about the fees it charges users who build stuff) led by a resident whose avatar was a big cat. Second Life has always been less of a video game and more of a virtual world where people can live, hang out, make art, sell virtual items and flirt. Back in 2007, Au described touring it as “sort of like underwater lucid dreaming.” For the past two decades, Au has maintained New World Notes as an independent publication. But he said he’s been drawn back to Second Life and Linden Lab as a place to directly work. The virtual world has around 650,000 monthly active users, he said, “which is actually about what it was during the hype wave.” Au says he’s still finding rich stories in Second Life, the kind that keep him interested 20 years into the beat: “Over the last few months for instance, I wrote about an SL creator in Venezuela whose apartment was destroyed by the earthquakes, so the global SL community rallied to get him back on his feet,” he told me. “Then there’s the woman from a Middle Eastern country who explored her lesbian sexuality in SL, then earned enough from her virtual jewelry to escape her abusive family situation and country.” Au wants to beckon more reporters to give Second Life another look. He argues that it is often ahead of internet trends, noting, for example, an early backlash in the community against AI-made art. Now the platform is drawing curiosity from more of the user-generated content community who’ve grown up with the likes of Roblox, according to Au. “Second Life was too early during its hype wave in 2005-2010, but it now feels right for a new wave of interest,” he told me.
The universe has plenty of hydrogen. So why is star formation collapsing?
Star formation across the universe has fallen dramatically over the past 4.5 billion years, but astronomers have uncovered a surprising twist: the supply of neutral hydrogen, a key ingredient for making stars, has barely declined. Using China’s FAST radio telescope and data from roughly 2.5 million galaxies observed by DESI, researchers found that star formation was about 2.5 times higher 4.5 billion years ago, while neutral hydrogen levels were only about 1.4 times higher.
Judge Blocks Trump’s Second Try to Restrict Birthright Citizenship
The ruling raised concerns that babies already defined as citizens by the Supreme Court could have their citizenship revoked under an order the president signed in August.
NASA’s Hubble Tracks New Decagon Encircling Saturn’s South Pole
NASA's Hubble Space Telescope observes a giant, evolving, 10-sided atmospheric wave encircling Saturn's south pole.
Bold prediction for 2026 Colts revolves around WR Josh Downs
Dan Graziano's bold prediction for the 2026 Indianapolis Colts centers around WR Josh Downs.
County Launches Grant to Help East County Small Businesses
The Board of Supervisors has approved a new $300,000 one-time County grant to boost East County small businesses through the East County Economic Development Council’s Empower East County Business Fund Revolving Loan Fund.
Genome Duplication Is a Radical Evolutionary Gamble
By doubling their entire genome, organisms can evolve extremely rapidly — or they can lose it all. New studies reveal how to survive the high-risk, high-reward evolutionary event.
Hubble tracks new decagon encircling Saturn’s south pole
Recent observations with the NASA/ESA Hubble Space Telescope have revealed a giant, evolving 10-sided atmospheric wave encircling Saturn’s south pole. This discovery marks the first time a large regular-sided jet pattern has been observed in the planet’s southern hemisphere. The feature appears remarkably similar to Saturn’s famous hexagon at its northern pole, but is also distinctly different, suggesting scientists may be witnessing a new atmospheric phenomenon develop on the iconic gas giant.
ATLAS publishes first paper on Public Engagement with Science
You can’t exactly take the ATLAS experiment on tour. At 7,000 tonnes and buried 100 metres underground at CERN, it’s not easy to move. So, for more than a decade, the ATLAS Collaboration has found another way to bring the experiment to people around the world: live, interactive virtual visits with the scientists who work on it. In a recent paper published in the European Physical Journal Plus, the ATLAS Collaboration documents the evolution and impact of its flagship Virtual Visits programme. The paper is the Collaboration’s first publication focused specifically on science education, communication and outreach. It traces the programme from its beginnings as an experimental outreach effort in 2010 through its growth into a global programme – connecting classrooms in the Amazon, schools in the Himalayas and even a research station in Antarctica. Drawing on data collected between 2019 and 2025, the paper examines the programme’s reach and impact. Global reach, local connection Figure 1: World map showing the number of virtual visits across participating countries from 2019 to 2025. Cooler colours (purple and blue) are used for countries with fewer visits, and warmer colours (red and orange) for countries with more visits. (Image: ATLAS Collaboration/CERN) The core mission of the ATLAS Virtual Visit programme is to connect audiences worldwide with particle physicists and engage them in accessible discussions about cutting-edge research. While visiting CERN in person is an unforgettable experience, financial and logistical barriers can make such a trip difficult for many students and public groups. Video conferencing has allowed the Collaboration to break down these barriers: between 2019 and 2025, the Collaboration hosted 698 virtual visits, engaging tens of thousands of participants across nearly 70 countries (see Figure 1). Interactivity is central to the programme. Far from simple one-way broadcasts, Virtual Visit audience members are encouraged to engage in conversation with the scientist(s) hosting the visit. Most hosts are volunteers from the ATLAS Collaboration, who bring their diverse scientific expertise, language skills and cultural backgrounds to each visit. Where possible, audiences are paired with volunteer scientists who share their native language and cultural background, making it easier to engage, ask questions and connect with the hosts. Between 2019 and 2025, Virtual Visits were held in 19 different languages. The core mission of the ATLAS Virtual Visit programme is to connect audiences worldwide with particle physicists and engage them in accessible discussions about cutting-edge research. Constant evolution Figure 2: The number of ATLAS Virtual Visits organised annually since 2019. (Image: ATLAS Collaboration/CERN) The ATLAS Virtual Visit programme has continuously evolved to enhance the visitor experience. Early sessions were hosted directly from the ATLAS Control Room before transitioning in 2014 to a dedicated space in the ATLAS Visitor Centre, equipped with modern videoconferencing technology. In 2019, the ATLAS Collaboration expanded the programme’s reach, introducing live Virtual Visits from the experimental cavern during year-end maintenance stops and long LHC shutdowns. These exclusive sessions take participants beyond the ATLAS visitor platform, offering real-time, up-close views of the towering detector. When the COVID-19 pandemic disrupted in-person gatherings worldwide, demand for virtual engagement surged. The ATLAS Collaboration adapted rapidly by introducing Open Virtual Visits streamed via Zoom and YouTube, allowing individual science enthusiasts and families to join live guided tours. Figure 2 shows that the programme reached a peak of 155 visits in 2021 and has since maintained around 100 visits per year, demonstrating sustained engagement beyond the pandemic-driven increase. More than just a tour Beyond participation numbers, the paper highlights the positive impact on participants and educators. Teachers report successfully integrating Virtual Visits into their physics curricula, sparking sustained curiosity and in many cases inspiring students to pursue STEM studies and careers. Feedback received also highlighted how the direct dialogue with ATLAS scientists has given students an authentic and personal perspective on particle physics, helping them connect what they learn in the classroom with the people behind ATLAS research. Looking ahead, the programme will continue to evolve with new technologies and communication platforms. The goal is simple: to give even more audiences the opportunity to engage directly with particle physics and make fundamental science open to all. Learn more Breaking barriers: the impact of ATLAS Virtual Visits in science communication (Eur. Phys. J. Plus 141, 874 (2026), arXiv:2601.22457, see figures) ATLAS Virtual Visit Dashboard Register for an ATLAS Virtual Visit
Sanford Health, North Memorial Health finalize partnership
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August Monthly Review: ChatGPT In Epic
Death, taxes, another frontier lab healthcare launch inspiring truly insane LinkedIn takes. As much as I want to stay away, I repeatedly am the crewman unplugging his ears whenever we pass these sirens. So it’s not the first and probably not the last time we dial up the typewriter rather than tie ourselves to the mast. The full blow-by-blow timeline: Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe The End of the Standalone PHR (Jan 8): ChatGPT Health arrives for consumers, at the time powered by b.well. I was bullish on the approach in that the best way for the PHR to finally solve distribution was to meet consumers were they already are (i.e. When Horizontal Meets Healthcare (Jan 9): OpenAI for Healthcare puts out the shingle for enterprises, with SharePoint ingestion standing in for the EHR integration the product actually needed. Another One: Anthropic’s Healthcare Debut (Jan 16): Claude's version, on HealthEx rails instead of b.well, with Agent Skills for FHIR development as the one true vertical-specific investment. ChatGPT for Clinicians: The Trap Sprung (Apr 24): OpenAI filled in the missing GTM middle with a free product for verified clinicians, effectively peeling the enterprise wrapper off ChatGPT for Healthcare and taking the PLG fight directly to OpenEvidence. OpenAI’s Second Attempt at Health (Jul 31): a relaunch of their patient specific app, now branded Health in ChatGPT, where the privacy partition came out, the connectors thinned, and b.well disappeared in favor of first-party FHIR work against a smaller network Beyond a Shingle So what was announced now? Today, we’re introducing a new electronic health record integration that brings authorized patient context from Epic into ChatGPT for Healthcare, along with the Healthcare Public Data plugin for direct, structured access to official healthcare datasets like PubMed, DailyMed, and CMS Coverage. Together, these capabilities bring ChatGPT closer to the systems and sources healthcare teams trust, while supporting the controls and compliance healthcare work requires. The core portfolio is unchanged from prior announcements we delineated and discussed (aside from the relaunch of patient-facing). Since trade publications still seem to be confusing them by using the wrong names: Enterprise sales motion: ChatGPT for Healthcare Protecting their core product / PLG: ChatGPT for Clinicians Consumer/patient-facing product: Health in ChatGPT So really, this is a feature release (specifically for ChatGPT for Healthcare when it comes to EHR integration). What’s cool about it, though, is that we are moving beyond just putting out a shingle. Everything in the January enterprise launch was horizontalizable: Horizontal tech companies thus generally start verticalization with their “putting out a shingle phase”. Telling the world you’re open for business as a horizontal tech company reliably attracts early inbound interest from buyers who are already trying to force-fit horizontal tools into domain-specific workflows and are eager for any signal that the vendor intends to support their use case more directly. Nothing was really vertical specific, which is exactly what you'd expect from the ultimate hypergrowth horizontal company dipping their toes into specific industries. But eventually you have to stop changing the sign on the door and start changing the product. Can you guess where the horizontal product was going to run out of road? This is the core dilemma writ large: verticalization requires differentiation, while scale economics of consumer and horizontal push toward unification. I’ve buried the lede so deep here it will be painful to some readers, but what should be shocking to no one is that my perspective is that EHR integration is the only path that meaningfully resolves this tension for ChatGPT for Healthcare. Integration with Microsoft Sharepoint is fine, but it is categorically insufficient for any product that hopes to influence clinical decision-making. SMART Money Well here we are, eight months later! Real vertical investment has begun, which surprised a few people. One friend in the industry messaged me: “Absolutely no way Epic gave ChatGPT API access.” Looking forensically at the announcements, the integration is notably read-only across appointment notes, laboratory results, medications, and specialist documentation. So while I’m not a betting man, I'd wager the house this is a SMART on FHIR launch: That sounds a lot like USCDI! The recommended path for the workflow they outline would be SMART on FHIR Their Health AI lead’s post is evocative of both standalone and EHR launch SMART, which another termed “ChartGPT” and “EHR Plugin” The implementation burden for SMART on FHIR is the lowest of the available integrative paths This is the team who literally did patient-facing SMART on FHIR with Epic last month Most importantly, if you’re a horizontal company, you generally still haven’t taken the full plunge and thus (overly) value reusability. SMART on FHIR is the logical compromise: healthcare-specific enough to matter, but standardized enough to reuse. Nobody Asked Judy Another friend asked “I thought they had to go to each health system, or did they go direct to Epic and now health systems opt in?” Given the trust paradigms in healthcare, this functionally cannot be Epic hoovering up all the data for OpenAI and shoving ChatGPT in their customers’ faces (or they would revolt). However, I do believe the aforementioned terrible coverage by TechCrunch and other outlets is probably responsible for that question, given the 325 million reference. When using FHIR as a business associate to an Epic customer, there is no EHR gatekeeping to speak of, as that isn’t how fhir.epic.com works: You register an app You pick your APIs You test against the sandbox APIs You list as “Ready for Production” Hospitals pick your app You test and go live with them Bluntly, nobody had to say yes or no in Verona (nor were they given the chance). Vendor Services (their next developer tier up that I doubt OpenAI is using quite yet in this initial release) certainly has contractual paperwork that some resent, but even there, the twin pressures of mounting antitrust and information blocking make outright gatekeeping increasingly fraught. My friend’s sentiment is, to me, representative of a broader industry neurosis, perhaps a sort of scar tissue of prior eras: people assume the gate is still there and never actually try the door. There are certainly other ways Epic (and any EHR) can put its thumb on the scale, but they are not so dumb as to stand in front of a federally mandated API and play bouncer at this exact moment in time. So I think they can and probably should go deeper, as this release is at best parity and at worst behind vertical-specific competition. OpenEvidence did a basic SMART launch with Sutter Health in February, allowing for more convenient evidence search by providers. They then add patient-context (the equivalent SMART on FHIR flow to what we see here) when Cedars-Sinai went enterprise-wide in May. UpToDate has four distinct applications across deeper workflows like patient engagement listed in Epic Showroom and announced a partnership with Epic to power Art at UGM Abridge and other ambient scribes have invested deeply into the deepest bidirectional clinical copilot workflow with integrations well beyond SMART on FHIR. In that light, the “Who is OpenAI primarily targeting here?” is clear. This release brings them into striking distance of OpenEvidence, but not the others quite yet. They are the only one of the three you can reach without building something truly Epic-specific. When will they go further? Competition is a great motivator to overcome the horizontal demons and start building things that can’t be reused: not across industries, not across EHRs, maybe not past the customer you built them for. That’s the price of actually verticalizing. The question is if and when OpenAI will be willing to pay it. Month in Review Here is the monthly review. As a reminder, this is a regular round-up of the month’s posts and other content to surface things you may have missed across regulation, litigation, interoperability, and beyond. AI assistance is used in these bullet summaries so I can focus on articles. Articles Published: None this month Video Content: The Information Exchange: Standards-based Thruple Edition (Aug 14): Back to school for us too, with Brad reporting in from the CMS Health Tech Ecosystem’s one year anniversary in DC. We get into the January CMS-0057 deadline, the fall rulemaking reading list, and why enrollment still keeps most apps off FHIR. The Information Exchange: Epic Dúnadan Edition (Aug 25): A UGM roundup with Ryan Brickner joining for the first time to check our takes against what the building actually thinks. Rangers, Ergo sitting on top of EHI, and a down-market lineup that needs some cuts. Regulatory: Stacked Deck, Bad Hand (Aug 05): ONC’s website refresh took the entire HIT Policy Committee record with it, so I rebuilt the archive and went looking for the regulatory capture story everyone assumes is buried in there. Stacking the deck and winning the hand turn out to be very different things. The Sixth Generation of Patient Access (Aug 19): A quick catalog of the five generations of patient access we’ve layered on since HIPAA, and the two candidates now competing to be the sixth. One is planned. The other is the market routing around the plan entirely. Court cases: Three Cases Walk Into a Docket (Aug 06): Two surprise settlements cleared the board in a single week, and then Judge Maddox dropped ninety-four pages on Vyne v. Henry Schein. The sleeper is a DMCA holding that makes direct-to-database a considerably riskier business model. Epic v. Health Gorilla: Into the MDL (Aug 10): Nine class actions are headed to Miami, and the Panel signaled it wants to bring the case that spawned them along too. That would leave Epic arguing the requests were obviously fraudulent in one courtroom and unknowable in the other. Amazon v. Perplexity: Agents Are Legalized! (Aug 11): The Ninth Circuit vacated the injunction against Comet, holding that the user is the one accessing the servers rather than the company that built the agent. A real win for agentic access, and a much narrower one than the headline suggests. Veeva v. Epic: Come At Me, Bro (Aug 26): Epic’s response brief wants the dismissal affirmed and, unusually, wants the opinion published as precedent. Buried in it is Epic’s own description of what its non-competes actually prohibit, which current and former employees should read closely. EHRs: The Contract Epic Would Never Sign Today (Aug 04): A 1999 SEC exhibit catches Epic licensing nearly its entire product line, Tapestry included, to the company that became TriZetto. The marketing services menu attached to it is the part that will make you blink. Forecast from Verona (Aug 07): The Epic Almanac makes one argument six different ways: the AI is only as good as the networks behind it. Emmie headlines, Art’s context stack is the most ambitious part, and Penny finally gets an autonomous coding date on the calendar. Works With Epic MyChart (Aug 17): Epic’s first new Showroom category since the death of Workshop certifies hardware instead of software, badge on the box and all. Made for iPhone, but for blood pressure cuffs, and rough news for anyone selling the RPM stack sitting in between. UGM Hot Takes 2026 (Aug 20): Everyone else covered the AI announcements, so I went after Savvy deleting the payment gateway, Rangers as Boost with the timer removed, and a down-market lineup with too many entries. Plus the Health Grid tidbits I cannot help myself on. MyChart Central Grows Up (Aug 24): Device data and Emmie turn Epic’s identity hub into a full consumer platform, which is both a logical answer to ChatGPT and a bit of a mistake. It also happens to be the best scraping target Epic has ever shipped. Industry Analysis: The Wrong Yardstick (Aug 12): Vertical software keeps getting judged against Superhuman and Notion, which is the wrong bar entirely. Your user is comparing your product to a whiteboard and forty phone calls before lunch. Primitives vs. Abstractions (Aug 27): Developers want building blocks, systems of record prefer to hand out business logic, and both sides have a real case. There’s no test from the outside that separates the engineering reason from the competitive one, which is why this keeps ending up in court. Cross-industry Comparisons: The Two Kinds of Platform Power (Aug 18): Attention power and record power are different problems that keep getting handed the same regulatory toolkit. Congress’s latest swing at Big Tech shows both what’s possible and where it falls apart. The Dogs of (Platform) War (Aug 21): A CourtListener alert turned up a property management fight with healthcare’s exact shape and none of the Cures Act. Shell prospects, ghost accounts, a notetaker bot that came back to haunt someone, and a lawyer arguing both sides of the same theory in two states. Fractals All the Way Down (Aug 31): Yardi dominates property management right up until you zoom into one segment, where AppFolio owns it outright and Yardi doesn’t appear at all. Where you draw the line around a B2B software market is about to decide an awful lot of cases. Other News: If Judy Had the Courage (Aug 13): A short eulogy for the era when software was allowed to look insane: WinAMP, bold colors, and everything the grey chatbot era has taken from us. External Media: Portland Monthly Health Tech Meetup: Erin O’Brien channeled my own feelings - maybe it’s just because it’s August and beautiful, but the monthly edition of the PDX Health community meetup was a ripper. Make sure to reach out if interested to join for the next one. STAT’s Coverage of Epic This Month: Brittany Trang of STAT did a fantastic job of breaking the FTC investigation that’s been lurking, as well as UGM related coverage, so I had to give her her wish of a meme. Fall Conferences: I’m pumped to be kicking off my fall conference season in NYC at Nabla Accelerate next month, which Chrissy provided the link to apply for. Here’s the rest of my schedule in case you want to meet up: Commonwell (Redwood Shores, CA): Oct 13-14 Open@Epic (Madison, WI): Oct 21-22 eHealthExchange (Austin, TX): Oct 27 Sequoia Project (Austin, TX): Oct 28-29 HLTH (Vegas): Nov 15-18 RSNA (Chicago): Nov 29-Dec 3 Posts I Liked: HTI-6 Should Unbundle API Certification: Josh Mandel makes the case that HTI-6 should split (g)(10) into separate authorization and data certifications, so a PACS or a genomics platform can certify only the role it actually performs. Imaging is the urgent example, but the structure solves a much bigger problem. On implementing ePrior Auth with Epic: Scott Rossignol’s field notes from a live ePrior Auth build on Epic, including the two app registrations nobody warns you about and the CPT mapping problem waiting at the end. CMS-0057 implementations are going to be such a beast. Healthcare point solutions are starting to look a lot like streaming services: Spencer Dorn runs the cable-to-streaming arc against health IT and lands squarely on the bundling half of the cycle. Bundling can be good! It can also be bad! Life is nuanced. Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe
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Colorado Sues EarnIn For “Immoral, Unethical, Oppressive and Unscrupulous” Business Practices
Hey all, Jason here. When this hits your inbox, I should be en route to the airport — not to go anywhere myself, just to pick up my better half. I must admit, it’s been strange to be home alone (well, with two dogs) for two weeks! Really lets me “optimize” to spending more time on reading/writing/working, whether that’s healthy or not! Looking forward to getting back into a (somewhat) more balance routine. Subscribe or Support by Upgrading Compare Notes With the People Who Built Modern Fintech Partner content: Remitly CEO Sebastian Gunningham. Increase founder Darragh Buckley. Linda Du, Co-founder & President at Valon. They’ll unpack the decisions behind building and scaling major financial products: what they got right, what broke, what they would do differently, and how AI and new infrastructure are changing the operator playbook. Most events tell you where fintech is going. NerdCon puts the people who built the present in the room and asks them what comes next. Expect an operator-led conversation grounded in real products, real trade-offs and lessons earned the hard way. Fintech Business Weekly readers save 20% on Regular tickets with code FBW20 before standard pricing ends September 11. Meet the Builders Things To Know & Other Good Reads Advent and Stripe Abandon $50 Billion Pursuit of PayPal (Bloomberg) Trump Family’s New Crypto Bank Is Backed by Abu Dhabi Sheikh (Wall Street Journal) The multiplying risks of financing data centres (FT) Let the Bond Market Speak (Wall Street Journal) Did we waste a crisis? Modest proposals to reform deposit insurance. 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For many Americans living paycheck to paycheck, that kind of slide into debt can be extremely difficult to recover from.” But EarnIn’s product — which, the company says, isn’t a “loan,” legally speaking — ends up being anything but free for most users. While it is technically possible to take a no-fee advance from the company, most users incur “Lightning Speed” (instant funding) fees and/or ostensibly optional tips that combined can equate to annualized percent rates that can reach over 1,000%. With an average term of 9.77 days, even fees and tips that are small on an absolute dollar basis are equivalent to high APRs on an annualized basis. A lawsuit filed last week by Colorado Attorney General Phil Weiser against EarnIn describes the company and its product and business practices quite differently than Andreessen’s Rampell; “EarnIn’s business practices are unfair because they are immoral, unethical, oppressive and unscrupulous,” the complaint, filed in District Court in Denver, Colorado, says. EarnIn’s marquee product, Cash Out, isn’t a loan, the company says, as Cash Out is not “[f]orward [l]ooking” because “[t]he money is transferred based on earnings to date,” does not carry a mandatory fee to access funds, and is “non-recourse,” meaning EarnIn cannot pursue recovery from users who don’t repay advanced funds. EarnIn is sometimes referred to as an “Earned Wage Advance” service. Though, unlike some others in the broader category, EarnIn does not integrate with employers’ payroll or time and attendance systems. Rather, EarnIn attempts to verify a user’s income and employment, by examining direct deposit transaction data in their linked external bank account, by using GPS location and Bluetooth data to estimate a user’s time spent at work, if they work in a fixed location, and/or by having a user provided a work email address. While repayment is theoretically optional, as EarnIn would have no recourse, such as reporting non-payment to the credit bureaus or a collections agency, this is anything but clear to users of the EarnIn app, Colorado’s complaint argues. During the process of taking a Cash Out, users must agree to a preauthorized debit of the amount advanced, plus any expedited funding fee and/or tips. Though users technically can revoke this ACH authorization, the fact that they have this right isn’t presented to users during the Cash Out process, but rather is included in linked terms and conditions few users are likely to actually read. And users who do wish to revoke their ACH authorization must do so three or more days before the scheduled transaction date by emailing EarnIn’s customer support. Similarly, EarnIn’s marketing claims that it carries “no interest” and “no mandatory fees” is technically true, but is not the reality for many of the app’s users, the Colorado complaint argues. Further, EarnIn has extensively marketed to users the ability to “access your pay today,” to get “instant” funds, and to get funds “the same day you work” — when, in reality, this speed of access was only possible by paying the additional, undisclosed Lightning Speed fee. The Colorado complaint highlights this contradiction specifically, noting: EarnIn tells consumers that they can ‘Make any day payday with EarnIn’ and that there no ‘hidden’ or ‘mandatory fees.’ For a consumer to access their pay on the same day requested, they would have to pay the Lightning Speed fee. In the fine print of the advertisement EarnIn discloses that ‘[f]ees apply to use Lightning Speed,’ a direct contradiction to the larger text of the advertisement, and a fact that would not be immediately understood by a consumer as ‘Lightning Speed’ is not defined nor explained. Like other small-dollar lending services, rather than explicitly charge interest, EarnIn collects a markup on the optional Lighting Speed fee, which, given the nature of the transactions, many users opt for, as well as offering users the option to leave “tips.” EarnIn leverages either Real-Time Payments (RTP) rails or push-to-card via debit rails if a user opts for the optional Lightning Speed. But while these capabilities cost EarnIn, on average, $0.075 or $0.20 per transaction, respectively, EarnIn charges users significantly more. Initially, EarnIn charged as little as $1.99 for Cash Outs up to $24. But EarnIn has hiked these fees multiple times, and now charges $4.99 for Cash Outs up to $75 and $6.99 for those over $75. According to the Colorado complaint, EarnIn leverages “dark patterns” to manipulate users and to make it more difficult to avoid tipping. Examples of these “road blocks” highlighted in the complaint include: As of 2023, in the EarnIn app, a consumer attempting to get a loan under the default settings had to make at least eighteen separate taps to complete the transaction and reduce the tip to $0. There is an alternative method to leave a $0 tip, via the “Custom tip” feature, but EarnIn made this option difficult to access by visually deemphasizing it and positioning it near devices’ “home” button. Using language and imagery such as “Tip to pay it forward,” “Your generosity supports the service + helps,” “Your tips make a difference,” and “[t]he APR for this cash out is 0%. Your tips help support us.” While Lightning Speed and tipping are, in theory, both optional, in practice, users nearly always ended up paying something. According to the Colorado suit, users were charged either a tip or an expedite fee for more than 92% of transactions, with an average APR of nearly 388%. And, although the advances are “non-recourse,” EarnIn successfully collects on nearly all transactions — 99.18%, according to the complaint, which, Colorado argues, “demonstrat[es] that EarnIn’s advances function as high cost loans, not voluntary payments.” The share of EarnIn users incurring fees — despite the product being marketed as 0% APR — is hard to reconcile with Andreessen investor Rampell’s favorable description of EarnIn vs. “opaque systems and steep fees” associated with payday loans, which, Rampell says, can be “extremely difficult” for borrowers to extricate themselves from. According to Colorado’s suit, EarnIn’s Cash Out product “trapped many consumers in extreme cycles of high-cost reborrowing.” The suit gives an example of one consumer in the state, who took out a whopping 1,151 loans, paying a total of $4,038.50 in Lightning Speed expedited funding fees on loans that averaged the equivalent of 1,421% APR. Another Colorado user, the suit says, took out 1,033 loans, paying $8,561.22 in tips and fees at an average APR of 1,539% . These types of usage patterns demonstrate “the severe and repeated financial harm caused by EarnIn’s illegal lending model,” the Colorado complaint argues. In aggregate, from January 2023 through July 2025, EarnIn extended 3.1 million loans to 56,778 users in Colorado — an average of nearly 55 transactions per person during the time period. EarnIn lent more than $300 million and collected more than $16 million from Colorado users in Lightning Speed fees and in tips. Ultimately, the Colorado complaint argues that “EarnIn’s Cash Outs are loans under Colorado law, and EarnIn’s contention that its product is not a loan based on its disclaimer of any legal repayment obligation lacks any real-world significance given how the Cash Out transactions actually operate in practice.” Colorado further argues that “EarnIn was not working with companies here in providing consumers with funds but acted as a third-party lender and charged illegally high rates, used deceptive design strategies to extract some charges, and trapped consumers in repeat borrowing. Colorado will continue to stand up for consumers and hold companies accountable when they violate our credit laws or attempt to evade them through misleading practices.” Colorado’s suit alleges EarnIn assesses finance charge in excess of that permitted by Colorado law, that EarnIn failed to make legally required disclosures to Colorado borrowers, that EarnIn made supervised loans to consumers without obtaining the requisite license, that EarnIn violated the state’s Deferred Deposit Loan Act, that EarnIn engage in unfair and deceptive trade practices, and that EarnIn made false or misleading statements concerning price. The suit seeks a court order enjoining EarnIn from violating relevant Colorado laws, for EarnIn to refund amounts charged in excess of state law, fees, costs, and penalties, and other relief the court deems to be just. Fintech Business Weekly is made possible by the generous support of paying subscribers — bringing you independent analysis of banking, fintech, and crypto without fear or favor. You can support my work by becoming a paying subscriber if you aren’t already. Paying subscribers enjoy: access to the entire archive of nearly six years of newsletters extended versions of the weekly newsletter, with additional content and analysis and (for founding member tier) quarterly personal 1:1 fintech Q&A / strategy calls with me, tapping into my unparalleled knowledge of the intersection of banking and fintech and experience working in the sector, including helping to launch Goldman Sachs’ retail bank Marcus Support Fintech Business Weekly You can also support Fintech Business Weekly by sponsoring a newsletter or podcast, putting you in front of 93,000+ of the most influential decision makers in banking, fintech, and crypto. Learn more about sponsor opportunities or request a media kit by dropping me an email. Q2 Quarterly Banking Profile: Five Quick Takeaways The FDIC released its quarterly banking profile, which is always worth a read, for the second quarter. The profile provides an aggregate snapshot about the overall health of the 4,238 institutions whose deposits are insured by the FDIC, who, collectively, hold more than $26 trillion in assets and saw a total net income of more than $90 billion in the second quarter. Net income was up 12% vs. Q1 2026, with lower provisions and realized gains on securities helping to drive the improvement, somewhat offset by increases in non-interest expense and applicable income taxes. Overall net interest margin was basically flat quarter over quarter (up 1 basis point vs. Q1 2026), though community banks saw NIM grow by 10 basis points, to 3.81%. Unsurprisingly, given that interest rates haven’t changed, unrealized losses on securities changed little, edging up slightly to $326.7 billion vs. $325.1 billion in Q1 2026. Aggregate credit quality has remained benign, with asset quality actually improving slightly in Q2. Overall, institutions reported a 9 basis point decline in their past-due and non-accrual rate, to 1.44%. Net charge off rate also declined by 2 basis points, to 0.57%. And finally, the FDIC’s deposit insurance fund stands at $161.1 billion, making the DIF reserve ratio 1.48% — above the statutory minimum of 1.35%, but still below the designated target reserve ratio of 2%. [Paid Subscriber Exclusive] Nissan Withdraws ILC App, State Associations Plan BankChain Alliance, FDIC Defines “Unsafe or Unsound Practice” For First Time Automaker Nissan withdrew its application to charter a Utah industrial loan company and its corresponding application to the FDIC for deposit insurance last week, on August 19th. Nissan’s application had been outstanding for more than a year, as it originally applied in June 2025. Recent applications to the OCC to form national banks have been decisioned, one way or the other, substantially more quickly than has historically been the case.
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