The FDA on Thursday approved the first hearing aid software for Apple's latest AirPods Pro earbuds. According to Apple, the feature will be pushed to eligible devices through a software update in the coming weeks. The Washington Post reports: The move, which comes two years after the FDA first approved over-the-counter hearing aids, could help more Americans with hearing loss start getting help, the FDA said in a statement. The feature works by amplifying some sounds, such as voices, while minimizing others, such as ambient noise. Users can take a hearing test in the Apple Health app, and their AirPods will adjust sound level automatically based on the results. The feature is only available on the AirPods Pro 2, which cost $249.

The FDA says it tested Apple's hearing aid feature in a clinical study with 118 subjects who believed they had mild or moderate hearing loss. The study found that people who set up their AirPods using Apple's hearing test noticed similar benefits as people who had a professional set up the earbuds. Over-the-counter hearing aids are best for people with mild to moderate hearing loss, audiologists say, many of whom don't seek treatment. [...] However, consumer earbuds aren't a good solution for people with severe hearing loss, experts maintain, and most over-the-counter hearing devices will still require a trip to the audiologist for some fine tuning.

An anonymous reader quotes a report from Ars Technica: One of the things enterprise storage and destruction company Iron Mountain does is handle the archiving of the media industry's vaults. What it has been seeing lately should be a wake-up call: roughly one-fifth of the hard disk drives dating to the 1990s it was sent are entirely unreadable. Music industry publication Mix spoke with the people in charge of backing up the entertainment industry. The resulting tale is part explainer on how music is so complicated to archive now, part warning about everyone's data stored on spinning disks. "In our line of work, if we discover an inherent problem with a format, it makes sense to let everybody know," Robert Koszela, global director for studio growth and strategic initiatives at Iron Mountain, told Mix. "It may sound like a sales pitch, but it's not; it's a call for action."

Hard drives gained popularity over spooled magnetic tape as digital audio workstations, mixing and editing software, and the perceived downsides of tape, including deterioration from substrate separation and fire. But hard drives present their own archival problems. Standard hard drives were also not designed for long-term archival use. You can almost never decouple the magnetic disks from the reading hardware inside, so that if either fails, the whole drive dies. There are also general computer storage issues, including the separation of samples and finished tracks, or proprietary file formats requiring archival versions of software. Still, Iron Mountain tells Mix that "If the disk platters spin and aren't damaged," it can access the content.

But "if it spins" is becoming a big question mark. Musicians and studios now digging into their archives to remaster tracks often find that drives, even when stored at industry-standard temperature and humidity, have failed in some way, with no partial recovery option available. "It's so sad to see a project come into the studio, a hard drive in a brand-new case with the wrapper and the tags from wherever they bought it still in there," Koszela says. "Next to it is a case with the safety drive in it. Everything's in order. And both of them are bricks." "Optical media rots, magnetic media rots and loses magnetic charge, bearings seize, flash storage loses charge, etc.," writes Hacker News user abracadaniel in a discussion post about the article. "Entropy wins, sometimes much faster than you'd expect."

Microsoft announced plans to modify Windows, enabling security vendors like CrowdStrike to operate outside the operating system's kernel. The move follows the July incident where a faulty CrowdStrike update caused widespread system failures. From a report: Microsoft says it has now "discussed the requirements and key challenges in creating a new platform which can meet the needs of security vendors" with partners like CrowdStrike, Broadcom, Sophos, and Trend Micro.

[...] While Microsoft isn't directly saying it's going to close off access to the Windows kernel, it's clearly at the early stages of designing a security platform that can eventually move CrowdStrike and others out of the kernel. Microsoft last tried to close off access to the Windows kernel in Windows Vista in 2006, but it was met with pushback from cybersecurity vendors and regulators.

Some executives are embracing old technology like dumbphones and fax machines, seeking digital detox and prioritizing focus. They see these vintage tools as power moves, allowing them to control their time and avoid constant distractions, WSJ writes in a story. These bosses believe old tech enhances leadership, enabling them to be present and productive.

OpenAI has launched a new AI model, named "o1", designed for improved reasoning and problem-solving skills. o1, part of a new series of models and available in ChatGPT and the API, can tackle complex tasks in science, coding, and math more effectively than their predecessors. Notably, o1 models have shown promising results in standardized tests and coding competitions. While o1 models represent a significant advancement in AI capabilities, they currently lack features like web browsing and file uploading. The Verge adds: But it's also more expensive and slower to use than GPT-4o. OpenAI is calling this release of o1 a "preview" to emphasize how nascent it is.

ChatGPT Plus and Team users get access to both o1-preview and o1-mini starting today, while Enterprise and Edu users will get access early next week. OpenAI says it plans to bring o1-mini access to all the free users of ChatGPT but hasn't set a release date yet. Developer access to o1 is really expensive: In the API, o1-preview is $15 per 1 million input tokens, or chunks of text parsed by the model, and $60 per 1 million output tokens. For comparison, GPT-4o costs $5 per 1 million input tokens and $15 per 1 million output tokens.

The training behind o1 is fundamentally different from its predecessors, OpenAI's research lead, Jerry Tworek, tells me, though the company is being vague about the exact details. He says o1 "has been trained using a completely new optimization algorithm and a new training dataset specifically tailored for it."

A Google executive told colleagues the goal for the company's then-nascent online advertising business in 2009 was to "crush" rival advertising networks, according to evidence prosecutors presented at the tech titan's antitrust trial on Wednesday. From a report: The statements underscored the U.S. Department of Justice's claim that Google has sought to monopolize markets for publisher ad servers and advertiser ad networks, and tried to dominate the market for ad exchanges which sit in the middle. On the third day of the trial, prosecutors began to introduce evidence of how Google employees thought about the company's products at the time when the government alleges it set out to dominate the ad tech market.

"We'll be able to crush the other networks and that's our goal," David Rosenblatt, Google's former president of display advertising, said of the company's strategy in late 2008 or early 2009, according to notes shown in court. Google denies the allegations, saying it faces fierce competition from rival digital advertising companies. Rosenblatt came to Google in 2008 when it acquired his former ad tech company, DoubleClick, and left the following year. The notes of his talk showed him discussing the advantages of owning technology on both sides and the middle of the market. "We're both Goldman and NYSE," he said, he said, according to the notes, referring to one of the world's biggest stock exchanges at the time and one of its biggest market makers. "Google has created what's comparable to the NYSE or London Stock Exchange; in other words, we'll do to display what Google did to search," Rosenblatt said.

Unity is canceling the Runtime Fee and reverting back to its existing seat-based subscription model, albeit with a price increase for Unity Pro and Unity Enterprise users. From a report: The engine maker introduced the controversial levy around a year ago. Initially, the Runtime Fee sought to charge developers a per install tariff once projects had passed certain milestones. It was a decision that left many users reeling, resulting in a colossal backlash that ultimately forced the company to rework-but not ditch-the policy.

The fallout, however, was enormous. A number of high-profile creators lambasted Unity and threatened to ditch the engine over what they felt was a huge betrayal of trust. Unity's inability to quickly resolve the issue and communicate effectively with customers only added fuel to that fire. Two weeks after the debacle, Unity CEO and president John Riccitiello departed the company. Unity Create boss Marc Whitten eventually followed suit. Unity is now attempting to course correct under the leadership of new CEO Matthew Bromberg, who hopes canceling the Runtime can reestablish a partnership "built on trust."

Mobile video game phenomenon Flappy Bird is set to return 10 years after its creator pulled it offline. From a report: In 2014, Vietnam-based developer Dong Nguyen shocked the gaming world when he pulled viral hit Flappy Bird from the App Store and the Google Play Store at a time when it was making tens of thousands of dollars a day. He went on to say: "I can call Flappy Bird a success of mine. But it also ruins my simple life. So now I hate it."

Now, Flappy Bird is set to return, with an expanded version aiming for launch by the end of October across multiple platforms including web browsers, and an iOS and Android version planned for release in 2025. But this new Flappy Bird isn't from Nguyen, it's from 'The Flappy Bird Foundation,' which is described as "a new team of passionate fans committed to sharing the game with the world."
UPDATE (9/15/2024): The original creator of Flappy Bird returned to social media after a seven-year silence just to disavow the resurrected game -- and its possible ties to cryptocurrency. PC Gamer also digs into exactly how the Flappy Bird trademark was acquired.

China's once-booming venture capital industry is experiencing a severe downturn, with the number of new startups plummeting from 51,302 in 2018 to just 1,202 in 2023, according to data provider IT Juzi. This decline is starkly evident in science parks and innovation hubs across the country, where vacant offices and abandoned equipment have become commonplace, according to a stunning FT story.

Industry insiders attribute the crisis to a combination of factors, including China's economic slowdown, heightened US-China tensions, and President Xi Jinping's policies targeting the tech sector. The government's anti-corruption drive and increased scrutiny of successful entrepreneurs have further dampened the private sector's enthusiasm. The funding landscape has shifted dramatically, with state-backed funds now dominating the market. This has led to more conservative investment strategies, favoring lower-risk sectors like advanced manufacturing over traditionally popular areas such as biotech and consumer technology. Founders face increasingly stringent terms, including personal liability for investments and asset checks. Many established VC firms are downsizing operations and exploring overseas opportunities.

Microsoft is laying off a further 650 staff from its gaming business, according to a memo sent by Xbox chief Phil Spencer to staff today, September 12. From a report: In the memo, Spencer said the roles affect mostly corporate and support functions, and were made "to organize our business for long term success." He clarified that no games, devices or experiences are being canceled and no studios are being closed as part of these cuts. These latest layoffs mean Microsoft has let go of 2,550 staff from its gaming business since acquiring Activision Blizzard for $69 billion in 2023. In his memo, below, Spencer makes it clear that the cuts are related to the acquisition.

An anonymous reader quotes a report from Ars Technica: Microsoft has updated a key cryptographic library with two new encryption algorithms designed to withstand attacks from quantum computers. The updates were made last week to SymCrypt, a core cryptographic code library for handing cryptographic functions in Windows and Linux. The library, started in 2006, provides operations and algorithms developers can use to safely implement secure encryption, decryption, signing, verification, hashing, and key exchange in the apps they create. The library supports federal certification requirements for cryptographic modules used in some governmental environments. Despite the name, SymCrypt supports both symmetric and asymmetric algorithms. It's the main cryptographic library Microsoft uses in products and services including Azure, Microsoft 365, all supported versions of Windows, Azure Stack HCI, and Azure Linux. The library provides cryptographic security used in email security, cloud storage, web browsing, remote access, and device management. Microsoft documented the update in a post on Monday. The updates are the first steps in implementing a massive overhaul of encryption protocols that incorporate a new set of algorithms that aren't vulnerable to attacks from quantum computers. [...]

The first new algorithm Microsoft added to SymCrypt is called ML-KEM. Previously known as CRYSTALS-Kyber, ML-KEM is one of three post-quantum standards formalized last month by the National Institute of Standards and Technology (NIST). The KEM in the new name is short for key encapsulation. KEMs can be used by two parties to negotiate a shared secret over a public channel. Shared secrets generated by a KEM can then be used with symmetric-key cryptographic operations, which aren't vulnerable to Shor's algorithm when the keys are of a sufficient size. [...] The other algorithm added to SymCrypt is the NIST-recommended XMSS. Short for eXtended Merkle Signature Scheme, it's based on "stateful hash-based signature schemes." These algorithms are useful in very specific contexts such as firmware signing, but are not suitable for more general uses. Monday's post said Microsoft will add additional post-quantum algorithms to SymCrypt in the coming months. They are ML-DSA, a lattice-based digital signature scheme, previously called Dilithium, and SLH-DSA, a stateless hash-based signature scheme previously called SPHINCS+. Both became NIST standards last month and are formally referred to as FIPS 204 and FIPS 205. In Monday's post, Microsoft Principal Product Manager Lead Aabha Thipsay wrote: "PQC algorithms offer a promising solution for the future of cryptography, but they also come with some trade-offs. For example, these typically require larger key sizes, longer computation times, and more bandwidth than classical algorithms. Therefore, implementing PQC in real-world applications requires careful optimization and integration with existing systems and standards."

fjo3 shares a report from NASA: Engineers working on NASA's Voyager 1 probe have successfully mitigated an issue with the spacecraft's thrusters, which keep the distant explorer pointed at Earth so that it can receive commands, send engineering data, and provide the unique science data it is gathering. After 47 years, a fuel tube inside the thrusters has become clogged with silicon dioxide, a byproduct that appears with age from a rubber diaphragm in the spacecraft's fuel tank. The clogging reduces how efficiently the thrusters can generate force. After weeks of careful planning, the team switched the spacecraft to a different set of thrusters. [...]

Switching to different thrusters would have been a relatively simple operation for the mission in 1980 or even 2002. But the spacecraft's age has introduced new challenges, primarily related to power supply and temperature. The mission has turned off all non-essential onboard systems, including some heaters, on both spacecraft to conserve their gradually shrinking electrical power supply, which is generated by decaying plutonium. While those steps have worked to reduce power, they have also led to the spacecraft growing colder, an effect compounded by the loss of other non-essential systems that produced heat. Consequently, the attitude propulsion thruster branches have grown cold, and turning them on in that state could damage them, making the thrusters unusable.

The team determined that the best option would be to warm the thrusters before the switch by turning on what had been deemed non-essential heaters. However, as with so many challenges the Voyager team has faced, this presented a puzzle: The spacecraft's power supply is so low that turning on non-essential heaters would require the mission to turn off something else to provide the heaters adequate electricity, and everything that's currently operating is considered essential. Studying the issue, they ruled out turning off one of the still-operating science instruments for a limited time because there's a risk that the instrument would not come back online. After additional study and planning, the engineering team determined they could safely turn off one of the spacecraft's main heaters for up to an hour, freeing up enough power to turn on the thruster heaters. It worked. On Aug. 27, they confirmed that the needed thruster branch was back in action, helping point Voyager 1 toward Earth.

OpenAI is in talks to raise $6.5 billion from investors at a valuation of $150 billion, Bloomberg reported Wednesday, citing people familiar with the situation. From the report: The new valuation, a figure that doesn't include the money being raised, is significantly higher than the $86 billion valuation from the company's tender offer earlier this year, and cements its place as one of the most valuable startups in the world. At the same time, OpenAI is also in talks to raise $5 billion in debt from banks in the form of a revolving credit facility, said one of the people, all of whom asked not to be identified discussing private information.

The funding round is slated to be led by Thrive Capital, Bloomberg previously reported. Thrive declined to comment on the latest valuation. Microsoft, the company's largest investor, is also set to participate, and Apple and Nvidia, have been in talks about investing.

An anonymous reader quotes a report from Wired, written by Guthrie Scrimgeour: It always seemed difficult for the newspaper where I used to work, The Garden Island on the rural Hawaiian island of Kauai, to hire reporters. If someone left, it could take months before we hired a replacement, if we ever did. So, last Thursday, I was happy to see that the paper appeared to have hired two new journalists -- even if they seemed a little off. In a spacious studio overlooking a tropical beach, James, a middle-aged Asian man who appears to be unable to blink, and Rose, a younger redhead who struggles to pronounce words like "Hanalei" and "TV," presented their first news broadcast, over pulsing music that reminds me of the Challengers score. There is something deeply off-putting about their performance: James' hands can't stop vibrating. Rose's mouth doesn't always line up with the words she's saying.

When James asks Rose about the implications of a strike on local hotels, Rose just lists hotels where the strike is taking place. A story on apartment fires "serves as a reminder of the importance of fire safety measures," James says, without naming any of them. James and Rose are, you may have noticed, not human reporters. They are AI avatars crafted by an Israeli company named Caledo, which hopes to bring this tech to hundreds of local newspapers in the coming year. "Just watching someone read an article is boring," says Dina Shatner, who cofounded Caledo with her husband Moti in 2023. "But watching people talking about a subject -- this is engaging."

The Caledo platform can analyze several prewritten news articles and turn them into a "live broadcast" featuring conversation between AI hosts like James and Rose, Shatner says. While other companies, like Channel 1 in Los Angeles, have begun using AI avatars to read out prewritten articles, this claims to be the first platform that lets the hosts riff with one another. The idea is that the tech can give small local newsrooms the opportunity to create live broadcasts that they otherwise couldn't. This can open up embedded advertising opportunities and draw in new customers, especially among younger people who are more likely to watch videos than read articles. Reception of the AI avatars has been poor, notes Scrimgeour. "This ain't that,â says one Instagram commenter. "Keep journalism local." Another just reads: "Nightmares."

There's also concern around the jobs these avatars will take. "Caledo claims its AI won't take news jobs because it only does work that isn't being done otherwise," notes Scrimgeour, agreeing that his newspaper company never had a video broadcast while he worked there.

"The question is, will local audiences buy into the new tech? Early returns suggest that Kauai viewers, at least, might have trouble accepting James and Rose as kama'aina (locals)..."

A new survey released on Tuesday found that Americans used over 100 trillion megabytes of wireless data last year -- a 36% increase from the previous year and the largest single-year increase in the history of wireless data consumption. Reuters reports: The increase -- 26 trillion MBs over 2022 -- comes as a growing number of 5G wireless devices are being used, said wireless industry association CTIA that represents major wireless carriers like Verizon, AT&T, T-Mobile, and technology firms. The total number of wireless connections rose to 558 million last year, up 6% over 2022, the survey found.

Demand for spectrum use is soaring, driven in part by more wireless use in advancements including drones, self-driving vehicles, space missions and precision agriculture. The survey said the number of minutes Americans spent talking on the phone fell slightly from 2.5 trillion in 2022 to 2.4 trillion in 2023 and text messages were about the same at 2.1 trillion in 2023 over the prior year.

Mistral AI has launched Pixtral 12B, its first multimodal model with language and vision processing capabilities, positioning it to compete with AI leaders like OpenAI and Anthropic. You can download its source code from Hugging Face, GitHub, or via a torrent link. VentureBeat reports: While the official details of the new model, including the data it was trained upon, remain under wraps, the core idea appears that Pixtral 12B will allow users to analyze images while combining text prompts with them. So, ideally, one would be able to upload an image or provide a link to one and ask questions about the subjects in the file. The move is a first for Mistral, but it is important to note that multiple other models, including those from competitors like OpenAI and Anthropic, already have image-processing capabilities.

When an X user asked [Sophia Yang, the head of developer relations at the company] what makes the Pixtral 12-billion parameter model unique, she said it will natively support an arbitrary number of images of arbitrary sizes. As shared by initial testers on X, the 24GB model's architecture appears to have 40 layers, 14,336 hidden dimension sizes and 32 attention heads for extensive computational processing. On the vision front, it has a dedicated vision encoder with 1024x1024 image resolution support and 24 hidden layers for advanced image processing. This, however, can change when the company makes it available via API.

Bluesky, the decentralized social networking startup, has introduced support for videos up to 60 seconds long in its latest update, version 1.91. The Verge reports: The videos will autoplay by default, but Bluesky says you can turn this feature off in the settings menu. You can also add subtitles to your videos, as well as apply labels for things like adult content. There are some limitations to Bluesky's video feature, as the platform will only allow up to 25 video uploads (or 10GB of video) per day.

To protect Bluesky from harmful content or spam, it will require users to verify their email addresses before posting a video. Bluesky may also take away someone's ability to post videos if they repeatedly violate its community guidelines. The platform will also run videos through Hive, an AI moderation solution, and Thorn, a nonprofit that fights child sexual abuse, to check for illegal content or media that needs a warning.

An anonymous reader quotes a report from TechCrunch: The home of the Golden State Warriors was packed on Tuesday evening this week, but it wasn't to watch Steph Curry. Thousands of fans gathered at the Chase Center in downtown San Francisco to watch one of Silicon Valley's biggest ballers, Meta CEO Mark Zuckerberg, sit down for a conversation with the hosts of the Acquired podcast, David Rosenthal and Ben Gilbert. Shortly after hopping onstage, Zuckerberg joked that he might need to schedule his next appearance in order to apologize for whatever he was about to say. After a beat, he added that he was just kidding and that, in fact, his days of apologizing are over.

Zuckerberg has had something of a rebrand recently. He raises cattle in Hawaii now, has long bouncy curls and a gold chain, and commissions Roman-style statues of his wife. Onstage, the Facebook founder wore a boxy T-shirt he designed himself alongside fashion designer Mike Amiri that read "learning through suffering" in Greek letters. The tongue-in-cheek comment about apologizing was a reference to Nvidia CEO Jensen Huang, who himself addressed a flub he'd made on the Acquired podcast earlier this year, via a pre-recorded video on a screen hanging over the crowd. Huang's original comment -- that he never would have started Nvidia if he knew what he did today -- was grossly taken out of context, he said. In the video, he clarified that he absolutely would start Nvidia again, and that his comment was more about the blissful ignorance of startup founders.

While Zuckerberg's opening comment was just a friendly jab at Huang, it set the tone for Zuckerberg's new attitude toward life and business. The founder of Facebook has spent a lot of time apologizing for Facebook's content moderation issues. But when reflecting on the biggest mistakes of his career, Zuckerberg said his largest one was a "political miscalculation" that he described as a "20-year mistake." Specifically, he said, he'd taken too much ownership for problems allegedly out of Facebook's control. "Some of the things they were asserting that we were doing or were responsible for, I don't actually think we were," said Zuckerberg. "When it's a political problem there are people operating in good faith who are identifying a problem and want something to be fixed, and there are people who are just looking for someone to blame."

Android Authority's Mishaal Rahman reports: There are many reasons why you may want to sideload apps on your Android phone, but there are also good reasons why developers would want to block sideloading. A sideloaded app won't contribute to the developer's Play Store metrics, for one, but it also prevents the developer from curating which devices can use their app. Improperly sideloaded apps can also crash due to missing assets or code, or they might be missing certain features because you installed the wrong version for your device. Whatever the reason may be, developers who want to stop you from sideloading their apps now have an easier way to do so thanks to the Play Integrity API.

The Google Play Integrity API is an interface that helps developers "check that interactions and server requests are coming from [their] genuine app binary running on a genuine Android device." It looks for evidence that the app has been tampered with, that the app is running in an "untrustworthy" software environment, that the device has Google Play Protect enabled, and more. If you've heard of or dealt with SafetyNet Attestation before on a rooted phone, then you're probably already familiar with Play Integrity, even if not by that name. Play Integrity is the successor to SafetyNet Attestation, only it comes with even more features for developers.

As is the case with SafetyNet Attestation, developers call the Play Integrity API at any point in their app, receive what's called an integrity verdict, and then decide what they want to do from there. Some apps call the Play Integrity API when they launch and block access entirely depending on what the verdict is, while others only call the API when you're about to perform a sensitive action, so they can warn you that you shouldn't proceed. The Play Integrity API makes it easy for apps to offload the determination of whether the device and its software environment are "genuine," and with the latest update to the API, apps can now easily determine whether the person who installed them is "genuine" as well. "As Google continues to bolster Play Integrity's detection mechanisms and add new features, it's going to become harder and harder for power users to justify rooting Android," concludes Rahman. "At the same time, regular users will be better protected from potentially risky and fraudulent interactions, so it's clear that Play Integrity will continue to be adopted by more and more apps."

Waymo's driverless cars have a much lower crash rate than human drivers, with fewer than one injury-causing crash per million miles driven, compared to an estimated 64 crashes by human drivers over the same distance. As Ars Technica's Timothy B. Lee notes, a significant portion of Waymo's most severe crashes involved human drivers rear-ending the Waymo vehicles. From the report: Twenty injuries might sound like a lot, but Waymo's driverless cars have traveled more than 22 million miles. So driverless Waymo taxis have been involved in fewer than one injury-causing crash for every million miles of driving -- a much better rate than a typical human driver. Last week Waymo released a new website to help the public put statistics like this in perspective. Waymo estimates that typical drivers in San Francisco and Phoenix -- Waymo's two biggest markets -- would have caused 64 crashes over those 22 million miles. So Waymo vehicles get into injury-causing crashes less than one-third as often, per mile, as human-driven vehicles.

Waymo claims an even more dramatic improvement for crashes serious enough to trigger an airbag. Driverless Waymos have experienced just five crashes like that, and Waymo estimates that typical human drivers in Phoenix and San Francisco would have experienced 31 airbag crashes over 22 million miles. That implies driverless Waymos are one-sixth as likely as human drivers to experience this type of crash. The new data comes at a critical time for Waymo, which is rapidly scaling up its robotaxi service. A year ago, Waymo was providing 10,000 rides per week. Last month, Waymo announced it was providing 100,000 rides per week. We can expect more growth in the coming months.

So it really matters whether Waymo is making our roads safer or more dangerous. And all the evidence so far suggests that it's making them safer. It's not just the small number of crashes Waymo vehicles experience -- it's also the nature of those crashes. Out of the 23 most serious Waymo crashes, 16 involved a human driver rear-ending a Waymo. Three others involved a human-driven car running a red light before hitting a Waymo. There were no serious crashes where a Waymo ran a red light, rear-ended another car, or engaged in other clear-cut misbehavior.