Egypt's Morsi reverses most of decree that expanded his powers








CAIRO — In a political reversal to calm weeks of unrest, Egyptian President Mohamed Morsi early Sunday rescinded much of last month’s decree that expanded his powers and exposed a dangerous divide between the nation’s Islamists and the mainly secular opposition.

The announcement reverses most of the declaration the Islamist president issued Nov. 22, including putting his office beyond judicial oversight. The peeling away of that power was a major demand of protesters. But Morsi continued to defy the opposition by refusing to cancel a Dec. 15 referendum on a proposed constitution drafted by an Islamist-dominated assembly.

The turnaround by Morsi, who in a national address Thursday had refused to budge on his decree, was a signal that he wanted to ease tension that has resulted in clashes between his supporters and opposition groups that have left at least six people dead and hundreds injured.

It was unlikely, however, that reversing the decree but sticking to the referendum vote would appease the tens of thousands of protesters who have marched on his palace in the capital and in cities across Egypt.

“This is not a compromise; the president got all that he wanted,” said Bassem Sabry, an activist and writer. “What the Muslim Brotherhood wants [is to] get the constitution rammed through in a quick referendum before anyone gets a chance to properly discuss it.”

Morsi’s concessions came as news reports indicated that he was preparing to reimpose emergency law to allow soldiers to arrest civilians in response to the latest unrest.

Throughout the crisis the military has been a quiet, if uncomfortable, ally. In recent months, the Muslim Brotherhood, with which Morsi was long associated, has assured the army that its power and billions of dollars of business interests would not be upset by the Islamist-led government.

The generals and the Brotherhood are the nation’s dominant forces, onetime adversaries who have reached, at least for now, a strategic understanding amid the turmoil. The military — its reputation damaged during its months of oppressive rule after last year’s overthrow of Hosni Mubarak — wants to avoid presiding over the nation’s turbulent political passions.

Only hours before Morsi announced his concessions, the military said it viewed the crisis with “sorrow and concern” and indicated that it was preparing to tighten security. The escalation of “clashes and conflict is something we must avoid,” the army said in a statement. It added that without political dialogue, “the nation will be led to dark and disastrous consequences, which we will not allow.”

But the military “has no interest in going back into politics,” said Talaat Mosallam, a retired major general and security analyst. “They had an uncomfortable experience ruling during the aftermath of the [2011] uprising. The country is in need of political direction, and nobody has the cure.”

Morsi’s reliance on the generals, though, sharply illustrates Egypt’s altered political landscape, where what was unimaginable two years ago has been recast by new calculations and power plays.

Morsi and thousands of other Muslim Brotherhood members were jailed by the Mubarak government under an emergency declaration similar to what Morsi now is said to be proposing. It is a startling testament to his predicament and the urgency the Brotherhood feels amid the country’s increasingly violent divide between Islamists and liberal and secularist movements.

The Brotherhood has long been suspicious of the police and Interior Ministry, which Islamists believe have networks of Mubarak loyalists aiming to disrupt Morsi’s government. The military — still the country’s most revered institution — was viewed as the better choice for instilling order and reassuring diplomats and foreign investors about Egypt’s stability and regional political stature.

The Brotherhood has placated the generals by preserving the military’s broad powers in the proposed constitution. Liberals and Christians boycotted the drafting of the charter, but the secular army approved the document, despite its references to Islamic law, known as sharia.

The coming days will tell whether Morsi’s Sunday concessions will be enough to reach a compromise with the opposition. The political unrest began more than two weeks ago when Morsi seized near-absolute power and protected the Islamist-led constitutional assembly from judicial review. Those actions resulted in a rushed proposed charter that the opposition says endangers civil rights and allows clerics to influence the nation’s laws.

Morsi called for a national dialogue with dissident groups Saturday, but no major opposition figure attended. With the opposition promising more protests and marches on the presidential palace, Morsi, who is trying to attract billions of dollars in foreign investment for his beleaguered economy, sought to show that Egypt would not devolve into chaos.

“There are agreements between the armed forces, the U.S. and the Brotherhood,” said Ammar Ali Hassan, a political analyst. “They've agreed to stability because the U.S. absolutely needs stability in Egypt.”

Morsi’s relationship with the military has had many twists. The Brotherhood was co-opted, persecuted and outlawed through six decades when secular military men, including Mubarak, ran the country.

When Mubarak fell in early 2011, opposition groups criticized the Brotherhood for not joining them in battling against the military takeover of the country. The army and the Brotherhood, however, had set parameters of mutual interest that allowed the Islamist group to rise to political power while the military remained the ultimate authority to counter what it regarded as a threat from an emerging political Islam.

That balance was uneasy from the beginning. Morsi moved against the military in August, forcing the resignations of top generals, including Field Marshal Mohamed Hussein Tantawi, who had ruled the country for more than 16 months until Morsi came to power. The purge was made possible by two dynamics: The army wanted to exit politics to protect its reputation from further damage, and younger officers were eager to clean the top ranks of an old guard they saw as out of step with the country’s modern strategic demands.

The military, which receives $1.3 billion in annual U.S. aid, has many factions and could change course. But the country’s new defense minister, Lt. Gen. Abdel Fattah Sisi, is a pious Muslim; and the armed forces chief of staff, Gen. Sedky Sobhy, appears more in tune with Brotherhood sentiments than Tantawi, who in 2008 threatened to call out the troops to prevent the group’s candidates from winning seats in local elections.

In a 2005 paper from his training at the National War College in Washington, Sobhy echoed a stance closer to the Brotherhood than to the Mubarak regime, which at the time was a close U.S. ally criticized for its perceived deference to Israel.

“The one-sided nature of the United States-Israel strategic relationship has not only caused actual harm to the cause of peace with numerous victims among Arab populations ... but it has inflamed Arab passions,” Sobhy wrote.

The military, however, is not easy to read and is vested in a business empire estimated to account for at least 10% of the country’s economy. The majority of Egyptians, those far from protests and political battles, believe the generals will protect the nation ahead of any party. Some analysts suggest that could once again make the generals Morsi’s strongest rivals.

“The circumstances that the country is undergoing can allow the military back into the scene,” said Hassan, the political analyst.

“Unlike the Brotherhood, which seeks to change the Egyptian identity, the military might prove to be another better option for Egyptians. Egyptians believe that the military will at least not threaten their cultural identity, unlike the Brotherhood.”

jeffrey.fleishman@latimes.com


Abdellatif is a special correspondent.






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Twitter to Start War on Instagram In Time for Christmas












Holidays seem to be Instagram‘s bread and butter, so it makes sense that Twitter would fire their first shot in the war on Instagram when the app is at its most vulnerable. 


RELATED: Why You Can’t See Instagram Photos on Twitter Anymore












If we learned anything from Thanksgiving, it’s that people love to Instagram their holidays. Turkeys, stuffing, table settings: you Amaro’d it all. It was the service’s best day ever. There were 10 million pictures Instagrammed on Thanksgiving. So it’s not a logistical stretch to imagine the holiday season – Hanukkah starts tonight! —  will be big business for Instagram, too. Christmas day will probably be especially big since it combines dinner, like Thanksgiving, and presents. (Also: check your Instagram feed right now and you’re sure to see at least 3 Christmas trees.)


RELATED: Meet the Parade of Greedy Crybabies Who Didn’t Get iPhones for Christmas


And so comes a report from AllThingsD’s Mike Isaac saying Twitter will launch its own photo filters on time for Christmas, likely to try and capitalize on that rush of OMG I got a cool thing! photo-sharing. Instagram stopped their photos from being shown on Twitter, because they want people on their site. The move makes enough sense, because Instagram is owned by Facebook and not Twitter, but it still sucks for the rest of us. The two companies are now in a budding rivalry over photo-sharing, so this is it, it’s war, we guess. 


RELATED: How to Get Over the Twitter-Instagram War on Photos


If you’re having trouble watching these two former friends fight, please read The Atlantic Wire’s Rebecca Greenfield’s guide to getting over it. The holidays is no place for rivalries. Didn’t Jingle All The Way teach you people anything? 


Social Media News Headlines – Yahoo! News


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Rolling Stones hit NY for 50th anniversary gig


NEW YORK (AP) — "Time Waits for No One," the Rolling Stones sang in 1974, but lately it's seemed like that grizzled quartet does indeed have some sort of exemption from the ravages of time.


At an average age of 68-plus years, the British rockers are clearly in fighting form, sounding tight, focused and truly ready for the spotlight at a rapturously received pair of London concerts last month.


On Saturday, Mick Jagger, Keith Richards, Ronnie Wood and Charlie Watts hit New York for the first of three U.S. shows on their "50 and Counting" mini-tour, marking a mind-boggling half-century since the band first began playing its unique brand of blues-tinged rock.


And the three shows — Saturday's at the new Barclays Center in Brooklyn, then two in Newark, N.J., on Dec. 13 and 15 — aren't the only big dates on the agenda. Next week the Stones join a veritable who's who of British rock royalty and U.S. superstars at the blockbuster 12-12-12 Sandy benefit concert at Madison Square Garden. Also scheduled to perform: Paul McCartney, the Who, Eric Clapton, Bruce Springsteen & The E Street Band, Alicia Keys, Kanye West, Eddie Vedder, Billy Joel, Roger Waters and Chris Martin.


The Stones' three U.S. shows promise to have their own special guests, too. Mary J. Blige will be at the Brooklyn gig, as well as guitarist Gary Clark Jr., the band has announced. (Blige performed a searing "Gimme Shelter" with frontman Jagger in London.) Rumors are swirling of huge names at the Dec. 15 show, which also will be on pay-per-view.


In a flurry of anniversary activity, the band also released a hits compilation last month with two new songs, "Doom and Gloom" and "One More Shot," and HBO premiered a new documentary on their formative years, "Crossfire Hurricane."


The Stones formed in London in 1962 to play Chicago blues, led at the time by the late Brian Jones and pianist Ian Stewart, along with Jagger and Richards, who'd met on a train platform a year earlier. Bassist Bill Wyman and drummer Charlie Watts were quick additions.


Wyman, who left the band in 1992, was a guest at the London shows last month, as was Mick Taylor, the celebrated former Stones guitarist who left in 1974 — to be replaced by Wood, the newest Stone and the youngster at 65.


The inevitable questions have been swirling about the next step for the Stones: another huge global tour, on the scale of their last one, "A Bigger Bang," which earned more than $550 million between 2005 and 2007? Something a bit smaller? Or is this mini-tour, in the words of their new song, really "One Last Shot"?


The Stones won't say. But in an interview last month, they made clear they felt the 50th anniversary was something to be marked.


"I thought it would be kind of churlish not to do something," Jagger told The Associated Press. "Otherwise, the BBC would have done a rather dull film about the Rolling Stones."


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Associated Press writer David Bauder contributed to this report.


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Doping at U.S. Tracks Affects Europe’s Taste for Horse Meat





PARIS — For decades, American horses, many of them retired or damaged racehorses, have been shipped to Canada and Mexico, where it is legal to slaughter horses, and then processed and sold for consumption in Europe and beyond.







Christinne Muschi for The New York Times

A slaughterhouse in Saint-André-Avellin, Quebec, where meat is processed for sale in Europe.






Lately, however, European food safety officials have notified Mexican and Canadian slaughterhouses of a growing concern: The meat of American racehorses may be too toxic to eat safely because the horses have been injected repeatedly with drugs.


Despite the fact that racehorses make up only a fraction of the trade in horse meat, the European officials have indicated that they may nonetheless require lifetime medication records for slaughter-bound horses from Canada and Mexico, and perhaps require them to be held on feedlots or some other holding area for six months before they are slaughtered.


In October, Stephan Giguere, the general manager of a major slaughterhouse in Quebec, said he turned away truckloads of horses coming from the United States because his clients were worried about potential drug issues. Mr. Giguere said he told his buyers to stay away from horses coming from American racetracks.


“We don’t want them,” he said. “It’s too risky.”


The action is just the latest indication of the troubled state of American racing and its problems with the doping of horses. Some prominent trainers have been disciplined for using legal and illegal drugs, and horses loaded with painkillers have been breaking down in arresting numbers. Congress has called for reform, and state regulators have begun imposing stricter rules.


But for pure emotional effect, the alarm raised in the international horse-meat marketplace packs a distinctive punch.


Some 138,000 horses were sent to Canada or Mexico in 2010 alone to be turned into meat for Europe and other parts of the world, according to a Government Accountability Office report. Organizations concerned about the welfare of retired racehorses have estimated that anywhere from 10 to 15 percent of the population sent for slaughter may have performed on racetracks in the United States.


“Racehorses are walking pharmacies,” said Dr. Nicholas Dodman, a veterinarian on the faculty of Tufts University and a co-author of a 2010 article that sought to raise concerns about the health risks posed by American racehorses. He said it was reckless to want any of the drugs routinely administered to horses “in your food chain.”


Horses being shipped to Mexico and Canada are by law required to have been free of certain drugs for six months before being slaughtered, and those involved in their shipping must have affidavits proving that. But European Commission officials say the affidavits are easily falsified. As a result, American racehorses often show up in Canada within weeks — sometimes days — of their leaving the racetrack and their steady diets of drugs.


In October, the European Commission’s Directorate General for Health and Consumers found serious problems while auditing the operations of equine slaughter facilities in Mexico, where 80 percent of the horses arrive from the United States. The commission’s report said Mexican officials were not allowed to question the “authenticity or reliability of the sworn statements” about the ostensibly drug-free horses, and thus had no way of verifying whether the horses were tainted by drugs.


“The systems in place for identification, the food-chain information and in particular the affidavits concerning the nontreatment for six months with certain medical substances, both for the horses imported from the U.S. as well as for the Mexican horses, are insufficient to guarantee that standards equivalent to those provided for by E.U. legislation are applied,” the report said.


The authorities in the United States and Canada acknowledge that oversight of the slaughter business is lax. On July 9, the United States Food and Drug Administration sent a warning letter to an Ohio feedlot operator who sells horses for slaughter. The operator, Ronald Andio, was reprimanded for selling a drug-tainted thoroughbred horse to a Canadian slaughterhouse.


The Canadian Food Inspection Agency had tested the carcass of the horse the previous August and found the anti-inflammatory drug phenylbutazone in the muscle and kidney tissues. It also discovered clenbuterol, a widely abused medication for breathing problems that can build muscle by mimicking anabolic steroids.


Because horses are not a traditional food source in the United States, the Food and Drug Administration does not require human food safety information as it considers what drugs can be used legally on horses. Patricia El-Hinnawy, a spokeswoman for the agency, said agency-approved drugs intended for use in horses carried the warning “Do not use in horses intended for human consumption.”


She also said the case against Mr. Andio remained open.


“On the warning letter, the case remains open and no further information can be provided at this time,” Ms. El-Hinnawy said.


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More young American adults are leaving the nest









WASHINGTON — After riding out the tough economy in their parents' basements, more young American adults are starting to break out on their own, pushing up the nation's mobility rate and giving an important boost to the housing market and the broader recovery.


Thanks to improving job prospects and super-low mortgage rates, adults in their 20s and early 30s are moving into their own apartments and buying homes in increasingly greater numbers, according to real estate experts and government statistics.


Census Bureau data show that the nation added more than 2 million households in the 12 months that ended March 31, about triple the annual average for the previous four years. Most of the gain came from baby boomers, but young adults are hitting the road as well.





The recession had knocked overall U.S. interstate migration to a post-World War II low, but last year the number of people ages 25 to 29 who moved across state lines reached its highest level in 13 years, said William Frey, a demographer at the Brookings Institution.


Frey called the shift significant: "They're leading indicators of migration coming for the broader population."


Laurie Brown, 26, said she was "completely broke" when she moved back into her parents' house near Tahoe City, Calif., in early March 2011. She came home with college loans to pay and other debt from bouncing from one place to the next.


"At first, I thought I'd be there only two months," she said.


But Brown soon realized just how tough the job market was. She had a bachelor's degree, magna cum laude, in business communications from George Fox University in Newburg, Ore., but the best she could find after returning home was busing and waiting tables at a restaurant in Tahoe City.


"I was really humbled," she said. "It made me feel like I wasn't an adult, like you're back in high school." Once a week, she got together for happy hour with three high-school buddies who were all in the same boat: college graduates living at home again. "We were kind of a support group," she said.


Then in late April, after finding full-time work at a nonprofit youth development and literacy program in the Tahoe area, Brown moved into an apartment about 15 minutes from her parents' home.


"In some ways it was a blessing in disguise," she said of her 14 months living with her mother and father. Although it was hard at times to adjust, she said, "it was really nice to spend time with my parents. I was able to reconnect with them."


During the recession and slow recovery, young people better educated than their parents' generation have struggled to compete with older workers in a job market with several unemployed people for every opening. That compares with about two people unemployed for every job opening before the 2007-09 recession.


Without sufficient incomes, they delayed getting married and having children, and simply stayed where they could pay little or no rent.


The result was that 2 million more adults ages 18 to 34 were living under their parents' roofs last year than four years earlier, according to an analysis of census data by Timothy Dunne, an economist at the Federal Reserve Bank of Cleveland.


Over the last year, the jobless rate of those ages 25 to 34 has dropped a little more sharply than it has for the overall population. It fell to 7.9% in November from 9% at the start of the year, compared with a decline to 7.7% from 8.3% for all workers.


"With stronger economic fundamentals, the process will pick up speed," Dunne said. "I think there's pressure. Households can delay formation for only so long."


People tend to move long distances for new jobs.


A week ago, Kevin Ratz, 27, hitched a U-haul to his Ford pickup, loaded the trailer with furniture, stereo equipment and skis, and drove to Chicago.


Ratz left behind his parents' suburban Detroit home, where he had stayed in his childhood room for the last two years. The room was pretty much unchanged, with its sports-car posters on the wall and youth-hockey trophies lining the bookshelf.


One big reason he moved back in with his parents was the weak job market for young pilots. Although he had a degree in aviation from Western Michigan University and some experience as a flight instructor, he found few well-paying openings in the field.





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U.S. undertakes review of border officers' use of force









U.S. Customs and Border Protection has launched what it calls a comprehensive review of its officers' use of force amid a sharp increase in fatal confrontations along the Southwest border.


The initiative, which appears to be the most far-reaching of its kind in recent years, calls for an assessment of current tactics and the participation of an independent outside research center.


Mexican government officials, who have condemned the shootings, will also be provided briefings on closed investigations involving force, according to a memorandum prepared for Homeland Security Secretary Janet Napolitano and obtained by the Los Angeles Times.





The memorandum, dated Oct., 24, 2012, is from David V. Aguilar, the agency's deputy commissioner.


Since 2010, 16 people have been killed in fatal confrontations with Border Patrol agents and customs officers, prompting unprecedented levels of scrutiny and criticism from some U.S. Congress members and border activists. Agency guidelines permit agents to fire weapons against people suspected of throwing rocks, a practice that critics consider excessive.


Recent incidents that stirred protests include the shooting in October of a 16-year-old suspected rock thrower in Nogales, Mexico, and the September shooting of a man on the banks of the Rio Grande in Nuevo Laredo, Mexico. Mexican authorities say the man was picnicking with his family.


In San Diego, protests erupted over the 2010 death of a man who suffered a fatal heart attack after being Tasered in a scuffle. About half of the fatal incidents in recent years involved rock throwers. In most cases the agents involved were cleared of wrongdoing.


The Homeland Security's Office of Inspector General is also conducting a review of the incidents. U.S. authorities will ramp up efforts to improve coordination with Mexican authorities in high-risk areas, according to the memorandum. They are also pressing Mexico to establish a specially trained border unit.


Among the most significant elements in the review, experts and officials said, is the involvement of an unspecified third party, described as a federally funded research and development center.


"Any time you can get an independent party to do a review, that is really the best way to go," said Alonzo Pen¿a, a former Department of Homeland Security attache at the U.S. Embassy in Mexico City. "There will never be confidence in a review being done by the agency itself," he said.


Vicki B. Gaubeca, the director of the regional center for border rights for the ACLU of New Mexico, said she welcomed "anything they can do to prevent unnecessary deaths, so agents resort to the lethal use of force only as a last resort."


Among rank-and-file agents, the new measures were greeted with a mix of resentment and cautious optimism. In recent weeks, supervisors have distributed the use of force guidelines to agents to refresh their knowledge of the policy. Chief patrol agents from across the Southwest were summoned to Washington, D.C., in October to discuss the policy.


Some agents questioned the role of the Mexican government, saying their actions contributed to the violence. "They refuse to police their northern border and they allow free rein by criminal organizations," said Shawn Moran, vice president of the National Border Patrol Council, the union representing Border Patrol agents. "But when one of their citizens is killed after assaulting a border patrol agent, they raise hell."


Customs and Border Protection officials said the review should be completed by the end of January.


richard.marosi@latimes.com


brian.bennett@latimes.com





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Exclusive: Google to replace M&A chief












SAN FRANCISCO (Reuters) – Google Inc is replacing the head of its in-house mergers and acquisitions group, David Lawee, with one of its top lawyers, according to a person familiar with the matter.


Don Harrison, a high-ranking lawyer at Google, will replace Lawee as head of the Internet search company‘s corporate development group, which oversees mergers and acquisitions, said the source, who spoke anonymously because he was not authorized to speak publicly.












Google is also planning to create a new late-stage investment group that Lawee will oversee, the source said.


Google declined to comment. Lawee and Harrison could not immediately be reached for comment.


One of the Internet industry’s most prolific acquirers, Google has struck more than 160 deals to acquire companies and assets since 2010, according to regulatory filings. Many of Google’s most popular products, including its online maps and Android mobile software, were created by companies or are based on technology that Google acquired.


Harrison, Google’s deputy general counsel, will head up the M&A group at a time when the company is still in the process of integrating its largest acquisition, the $ 12.5 billion purchase of smartphone maker Motorola Mobility, which closed in May.


And he takes over at a time when the Internet search giant faces heightened regulatory scrutiny, with the U.S. Federal Trade Commission and the European Commission conducting antitrust investigations into Google’s business practices. Several recent Google acquisitions have undergone months of regulatory review before receiving approval.


As deputy general counsel, Harrison has been deeply involved in the company’s regulatory issues and many of its acquisitions. He joined Google more than five years ago and has completed more than 70 deals at the company, according to biographical information on the Google Ventures website.


Harrison is an adviser to Google Ventures, the company’s nearly four-year old venture division which provides funding for start-up companies.


While most of Google’s acquisitions are small and mid-sized deals that do not meet the threshold for disclosure of financial terms, Google has a massive war chest of $ 45.7 billion in cash and marketable securities to fund acquisitions.


Lawee, who took over the M&A group in 2008, has had hits and misses during his tenure. Google shut down social media company Slide one year after acquiring it for $ 179 million, for example.


The planned late-stage investment group has not been finalized, the source said. The fund might operate separately from Google Ventures, according to the source.


“Think of it as a private equity fund inside of Google,” the source said.


The company recently said it would increase the cash it allocates to Google Ventures to $ 300 million a year, up from $ 200 million, potentially helping it invest in later-stage financing rounds.


Google finished Friday’s regular trading session down 1 percent, or $ 6.92, at $ 684.21.


(Reporting By Alexei Oreskovic; editing by Carol Bishopric and Jim Loney)


Wireless News Headlines – Yahoo! News


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'Borderlands 2,' 'Dishonored' win at Spike VGAs


LOS ANGELES (AP) — The cartoony post-apocalyptic shoot-'em-up sequel "Borderlands 2" and the stealthy first-person game "Dishonored" were among the early winners at the Spike Video Game Awards on Friday.


"Borderlands 2" was picked as best shooter and multiplayer game, while "Dishonored" was awarded with the best action-adventure game trophy at the gaming extravaganza.


The ceremony honors outstanding achievements within the gaming industry over the past year.


"The Avengers" star and shooter fan Samuel L. Jackson hosted the 10th annual ceremony at Sony Pictures Studios — his fourth time as the show's emcee.


This year's ceremony was scheduled to screen never-before-seen footage from such upcoming titles as "The Last Us," ''South Park: The Stick of Truth" and "Castlevania: Lords of Shadow 2." It will also serve as the launch pad for newly announced game "The Phantom Pain."


For the first time, the VGAs were streamed on Xbox Live, the online service for Microsoft's Xbox 360 console. During the ceremony, online viewers could vote on show components such as what songs and clips would be played during the ceremony.


___


Online:


http://www.spike.com/events/video-game-awards


___


Follow AP Entertainment Writer Derrik J. Lang on Twitter at http://www.twitter.com/derrikjlang


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Justices to Take Up Generic Drug Case





WASHINGTON — The Supreme Court said on Friday that it would decide whether a pharmaceutical company should be allowed to pay a competitor millions of dollars to keep a generic copy of a best-selling drug off the market.







Stephen Crowley/The New York Times

Ralph Neas, head of the Generic Pharmaceutical Association, said the case would alter the marketing of new generics.







The case could settle a decade-long battle between federal regulators, who say the deals violate antitrust law, and the pharmaceutical industry, which contends that they are really just settlements of disputes over patents that protect the billions of dollars they pour into research and development.


Three separate federal circuit courts of appeal have ruled over the last decade that the deals were allowable. But in July a federal appeals court in Philadelphia — which covers the territory where many big drug makers are based — said the arrangements were anticompetitive.


Both sides in the case supported the petition for the Supreme Court to decide the case, each arguing that the conflicting appeals court decisions would inject uncertainty into their operations.


By keeping lower-priced generic drugs off the market, drug companies are able to charge higher prices than they otherwise could. Last year, the Congressional Budget Office estimated that a Senate bill to outlaw those payments would lower drug costs in the United States by $11 billion and would save the federal government $4.8 billion over 10 years.


Senator Charles E. Grassley, an Iowa Republican who co-sponsored the Senate bill, which never came to the floor for a vote, praised the decision.


The Federal Trade Commission first filed the suit in question in 2009. Jon Leibowitz, chairman of the F.T.C., said, “These pay-for-delay deals are win-win for the drug companies, but big losers for U.S. consumers and taxpayers.”


Generic drug makers say that the payments preserve a system that has saved American consumers hundreds of billions of dollars.


“This case could determine how an entire industry does business because it would dramatically affect the economics of each decision to introduce a new generic drug,” Ralph G. Neas, president of the Generic Pharmaceutical Association, said in a statement. “The current industry paradigm of challenging patents on branded drugs in order to bring new generics to market as soon as possible has produced $1.06 trillion in savings over the past 10 years.”


The case will review a decision by the United States Court of Appeals for the 11th Circuit, based in Atlanta, which in the spring ruled in favor of the drug makers, Watson Pharmaceuticals and Solvay Pharmaceuticals. Watson had applied for federal approval to sell a generic version of AndroGel, a testosterone replacement drug made by Solvay.


While courts have long held that paying a competitor to stay off the market creates unfair competition, the pharmaceuticals case is different because it involves patents, whose essential purpose is to prevent competition.


When a generic manufacturer seeks approval to market a copy of a brand-name drug, it also often files a lawsuit challenging a patent that the drug’s originator says prevents competition.


Last year, for the third time since 2003, the 11th Circuit upheld the agreements as long as the allegedly anticompetitive behavior that results — in this case, keeping the generic drug off the market — is the same thing that would take place if the brand-name company’s patent were upheld.


Two other federal circuit courts, the Second Circuit and the Federal Circuit, have ruled similarly. But in July, the Third Circuit Court of Appeals said that those arrangements were anticompetitive on their face and violated antitrust law.


The agreements are also affected by a peculiar condition in the law that legalized generic competition for prescription drugs. That law, known as the Hatch-Waxman Act, gives a 180-day period of exclusivity to the first generic drug maker to file for approval of a generic copy and to file a lawsuit challenging the brand-name drug’s patent.


Brand-name drug companies have taken advantage of that law, finding that they can settle the patent suit by getting the generic company to agree to stay out of the market for a period of time. Because that generic company also has exclusivity rights, no other generic companies can enter the market.


Michael A. Carrier, a professor at Rutgers School of Law-Camden, said that while there were provisions in the law under which a generic company could forfeit that exclusivity, “they really are toothless in practice.”


One wild card could still prevent the Supreme Court from definitively settling the question. In granting the petition to hear the case, the Supreme Court said that Justice Samuel A. Alito Jr. recused himself, taking no part in the consideration or decision.


That opens the possibility that a 4-4 decision could result, upholding the lower court case that went against the F.T.C. and in favor of the drug makers. But it would leave the broader question for another day.


The case is Federal Trade Commission v. Watson Pharmaceuticals et al, No. 12-416.


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Election is over, but 'super PACs' remain a threat








Just as the devil's finest trick is persuading you that he doesn't exist (according to the poet Baudelaire), the best trick of big-money political donors may be persuading Americans that Citizens United doesn't matter.


Citizens United, of course, is the infamous 2010 ruling by the Supreme Court that overturned limits on political spending via ostensibly independent groups, and thereby unleashed a torrent of donations from corporations and wealthy individuals in presidential and congressional election cycles.


One of the big post-election punditry themes after last month's election was that it showed big-time spending couldn't help donors like Las Vegas mogul Sheldon Adelson get their way and might even have worked against them. A determined Obama foe, Adelson donated $20 million to a "super PAC" supporting Mitt Romney, and at least $32 million more to other conservative groups in an election widely seen as a rout of the right wing. The conclusion was: Hoo boy, did he waste his money.






This sort of schadenfreude by liberals and progressives — or is it "Sheldonfreude"? — is misplaced and dangerous. Influence by corporations and the wealthy still counts for a lot in our electoral process, and it's only going to count for more. Citizens United still needs an antidote.


"People are too complacent," says Fred Wertheimer, a veteran public interest advocate who currently heads Democracy 21, a Washington nonprofit devoted to campaign finance reform. "The larger issue is the ability to buy influence over government policies, and that's operating in full force regardless of the outcomes of particular races."


Nor is it entirely correct to say that the Citizens United style of spending failed because more Democrats than Republicans prevailed at the polls. "There was super PAC money on both sides," says Larry Noble, president of Americans for Campaign Reform, a Concord, N.H.-based nonprofit seeking to dilute the influence of private money in elections. "They may not have determined the election, but you can't say they didn't have any influence."


Super PACs are a species of political organization that can raise unlimited sums from corporations, unions, and individuals and spend the money for or against specific candidates; they're merely barred from directly coordinating with the candidates they back, a porous and easily finessed limitation.


Federal election records show that the biggest ones this year were Restore Our Future, which spent $143 million in support of Romney; the Karl Rove-affiliated American Crossroads, which spent $124 million for conservative causes; and Priorities USA Action, which spent $78 million in support of President Obama.


"The candidates are happy you made those donations," Noble says. "And as long as the candidates are happy, that money will continue to flow."


The impulse to please big donors to keep the money flowing visibly narrows the breadth of debate in Washington, where raising the top marginal income tax rate by 4.6 percentage points, to 39.6%, is treated as the absolute limit on taxation of the wealthy. For most of the Reagan administration, the top rate was 50% or higher.


This mind-set reflects the outsized influence of a small clutch of wealthy individuals and corporate donors. According to a study by the nonprofit progressive organizations Demos and the U.S. Public Interest Research Group, contributions to super PACs by just 61 large donors averaging $4.7 million each matched the combined donations of 1.4 million donors of $250 or less to the Romney and Obama campaigns.


Whose voices are likely to resonate more loudly in the halls of the White House and Congress — the 61 donors or the 1.4 million?


That's why the Washington debate over the "fiscal cliff" has boiled down to a discussion about how to impose long-term sacrifices on average working men and women by gutting their retirement and healthcare benefits, while leaving those who earn more than $250,000 a year better off.


That side of the debate is being spearheaded by corporate CEOs organized as the Campaign to Fix the Debt. It has close ties to Peter G. Peterson, a hedge fund billionaire who has spent millions in a decades-long attack on Social Security and Medicare. (There are also links between Peterson and Americans for Campaign Reform.)


The organization's most prominent spokesmodels, such as Honeywell Chairman and Chief Executive David M. Cote, are tolerably well insulated from the sacrifices they advocate as part of a fiscal-cliff solution. Cote is a member of Fix the Debt's steering committee. As of the end of last year, Honeywell calculated the present value of the pension benefits due him upon retirement at $36.2 million.


He accumulated those benefits over a period of less than 10 years in his job and is entitled to collect at age 60, which means he's eligible this year. (The figures come from Honeywell's latest proxy statement.)


According to several commercial annuity calculators, Cote's accumulated benefits might yield him a monthly stipend of $150,000 to $175,000 today. For comparison's sake, the monthly Social Security retirement benefit for the average worker is $1,230 this year — and that's for a worker who likely earned benefits from 45 years of labor, not 10, and retired at age 66, not 60. By the way, Honeywell's employee pension plan was underfunded at the end of last year to the tune of $2.76 billion, a deficit of 18%.


The most important point to make about big donations in the 2012 election is that they may have been ineffective, especially on the conservative side, because they were deployed stupidly.


Romney and his GOP supporters sank their money into overpriced and transparently fatuous advertisements, while the Obama camp invested frugally on ads and heavily on ground-level organizing. But people like Sheldon Adelson didn't accumulate their wealth by being stupid, and it's a safe bet they won't make the same mistakes again.


The best counterweights to Citizens United lie in tightening up disclosure rules, to combat a trend that saw donors of as much as 37% of the donations to outside campaign groups remaining unidentified. That's $125 million, contributed mostly through "social welfare" organizations and business leagues that are allowed to keep their donors secret but aren't supposed to engage chiefly in electioneering. Clearly that's a regulation that's been flagrantly flouted.


Another good idea is to magnify the weight of small donations to tip the scale back toward the average voter. That's the goal of the Empowering Citizens Act, sponsored by Reps. David Price (D-N.C.) and Chris Van Hollen (D-Md.) By providing a public match of 5 to 1 for the first $250 of any individual's contribution to a presidential or congressional candidate, the measure aims to raise incentives for individuals to donate and for candidates to seek small donations.


Without some way of redressing the imbalance between big donors and small, "the great danger of huge contributions buying influence over government decisions at the expense of ordinary Americans is going to be in full play," says Wertheimer, whose organization endorses the Empowering Citizens Act.


"This is just Year One" of the post-Citizens United era, he adds. "Already we saw $1 billion in unlimited contributions raised by super PACs and social welfare organizations. We're going to have an arms race."


Michael Hiltzik's column appears Sundays and Wednesdays. Reach him at mhiltzik@latimes.com, read past columns at latimes.com/hiltzik, check out facebook.com/hiltzik and follow @latimeshiltzik on Twitter.






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Judge may lower Apple's award in Samsung patent case

































































SAN JOSE — A federal judge signaled Thursday that she might reduce Apple Inc.'s $1-billion jury award in its patent infringement case with Samsung Electronics Co.


U.S. District Judge Lucy Koh did not specify by how much she might shave the award, but during a marathon afternoon hearing in federal court in San Jose she said it did appear that the jury had miscalculated damages.


In August, after three days of deliberations in the complex patent case, a jury awarded Apple more than $1 billion.








In the months since the verdict, Samsung has mounted an aggressive campaign to overturn the verdict, raising a host of legal issues including juror misconduct. Apple hotly contested those issues during the hearing Thursday and sought to increase the damage award.


Lawyers for the world's two largest smartphone makers sparred for more than three hours over a bevy of legal issues in the dispute that produced one of the largest damage awards in an intellectual property case. Koh said she would issue rulings in the coming weeks.


Samsung argued that the damage award should be reduced because the jury incorrectly calculated the amount. Apple asked the court to award $535 million more in damages because the jury found that Samsung had willfully infringed Apple's patents.


Both sides seemed to be gearing up for years of legal appeals despite the judge's plea for "global peace." The case is likely to go before the U.S. Federal Circuit Court of Appeals, the Washington court that decides patent disputes, and perhaps the U.S. Supreme Court.


Apple also asked the judge to ban some Samsung products. The judge did not rule on whether the infringing Samsung products should be taken off store shelves.


The products are older models and would not dent Samsung sales, but the ban would give Apple a win in its high-stakes patent war against the South Korean company that is playing out around the globe.


ALSO:


NASA releases breathtaking images of the Earth at night


Samsung lawyers file copy of Apple patent settlement with HTC


Facebook voters: Everything you need to know to cast your ballot



jessica.guynn@latimes.com






Read More..

Minecraft sells almost 4.5 million copies on Xbox 360 as other indie games continue to struggle












Big-budget games such as Halo 4 and Call of Duty: Black Ops II might brag about how they rule the Xbox 360 in terms of sales, but indie games can also compete – if they’re addictive enough and offer enough value. Take Minecraft, an indie game developed by Markus “Notch” Persson’s company Mojang. According to Mojang, Minecraftan indie game originally made for PC and ported to the Xbox 360 seven months ago has sold 4,476,904 copies as of the end of November with 40,000 to 60,000 copies sold every week. Minecraft is an anomaly because it doesn’t boast high-definition graphics that ooze of detailed lighting effects and didn’t cost millions of dollars to make, and yet it is the third-most played game on Xbox LIVE.


According to Gamasutra’s analysis and breakdown of November’s Xbox Live Arcade sales, only three other indie games managed to break 1 million copies downloaded last month. See below for the chart.












As you can see, every other game on Xbox Live Arcade other than Castle Crashers, Fruit Ninja Kinect, Happy Wars and Counter Strike: GO isn’t seeing the same type of success Minecraft is.


The lesson here is developers should always focus on the product and the users. If the gameplay mechanics are solid, the experience is fluid and bug-free, the gamers will come.


Get more from BGR.com: Follow us on Twitter, Facebook


Gaming News Headlines – Yahoo! News


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George Zimmerman sues NBC and reporters


ORLANDO, Fla. (AP) — George Zimmerman sued NBC on Thursday, claiming he was defamed when the network edited his 911 call to police after the shooting of Trayvon Martin to make it sound like he was racist.


The former neighborhood watch volunteer filed the lawsuit seeking an undisclosed amount of money in Seminole County, outside Orlando. Also named in the complaint were three reporters covering the story for NBC or an NBC-owned television station.


The complaint said the airing of the edited call has inflicted emotional distress on Zimmerman, making him fear for his life and causing him to suffer nausea, insomnia and anxiety.


The lawsuit claims NBC edited his phone call to a dispatcher in February. In the call, Zimmerman describes following Martin in the gated community where he lived, just moments before he fatally shot the 17-year-old teen during a confrontation.


"NBC saw the death of Trayvon Martin not as a tragedy but as an opportunity to increase ratings, and so set about to create a myth that George Zimmerman was a racist and predatory villain," the lawsuit claims.


NBC spokeswoman Kathy Kelly-Brown said the network strongly disagreed with the accusations made in the complaint.


"There was no intent to portray Mr. Zimmerman unfairly," she said. "We intend to vigorously defend our position in court."


Three employees of the network or its Miami affiliate lost their jobs because of the changes.


Zimmerman is charged with second-degree murder but has pleaded not guilty, claiming self-defense under Florida's "stand your ground law."


The call viewers heard was trimmed to suggest that Zimmerman volunteered to police, with no prompting, that Martin was black: "This guy looks like he's up to no good. He looks black."


But the portion of the tape that was deleted had the 911 dispatcher asking Zimmerman if the person who had raised his suspicion was "black, white or Hispanic," to which Zimmerman responded, "He looks black."


Read More..

Judge may lower Apple's award in Samsung patent case

































































SAN JOSE — A federal judge signaled Thursday that she might reduce Apple Inc.'s $1-billion jury award in its patent infringement case with Samsung Electronics Co.


U.S. District Judge Lucy Koh did not specify by how much she might shave the award, but during a marathon afternoon hearing in federal court in San Jose she said it did appear that the jury had miscalculated damages.


In August, after three days of deliberations in the complex patent case, a jury awarded Apple more than $1 billion.








In the months since the verdict, Samsung has mounted an aggressive campaign to overturn the verdict, raising a host of legal issues including juror misconduct. Apple hotly contested those issues during the hearing Thursday and sought to increase the damage award.


Lawyers for the world's two largest smartphone makers sparred for more than three hours over a bevy of legal issues in the dispute that produced one of the largest damage awards in an intellectual property case. Koh said she would issue rulings in the coming weeks.


Samsung argued that the damage award should be reduced because the jury incorrectly calculated the amount. Apple asked the court to award $535 million more in damages because the jury found that Samsung had willfully infringed Apple's patents.


Both sides seemed to be gearing up for years of legal appeals despite the judge's plea for "global peace." The case is likely to go before the U.S. Federal Circuit Court of Appeals, the Washington court that decides patent disputes, and perhaps the U.S. Supreme Court.


Apple also asked the judge to ban some Samsung products. The judge did not rule on whether the infringing Samsung products should be taken off store shelves.


The products are older models and would not dent Samsung sales, but the ban would give Apple a win in its high-stakes patent war against the South Korean company that is playing out around the globe.


ALSO:


NASA releases breathtaking images of the Earth at night


Samsung lawyers file copy of Apple patent settlement with HTC


Facebook voters: Everything you need to know to cast your ballot



jessica.guynn@latimes.com






Read More..

Oscar Niemeyer dies at 104; modernist Brazilian architect









Oscar Niemeyer, the architect whose soaring buildings form the heart of Brasilia, the instant modernist capital built in the wilds of Brazil in the late 1950s, has died. He was 104.


Niemeyer, who had outlived his contemporaries to become the world's oldest practicing architect of international stature, died Wednesday at a Rio de Janeiro hospital. The cause was a respiratory infection, a hospital spokeswoman told the Associated Press.


During his long and productive life, Niemeyer was revered as well as ridiculed for his daring designs, but the creativity and sheer volume of his works ultimately spoke for him. In 1988, at 80, he shared architecture's biggest prize, the Pritzker.





Niemeyer, a diminutive, soft-spoken man, worked well into his 90s in a Rio de Janeiro penthouse office with a stunning view of Sugar Loaf Mountain and overlooking Copacabana Beach. Hundreds of projects came into being kindled by this view.


Many of his designs began with a quick sketch that embodied his love of the curve — from Einstein's universe, to the sinewy white beach that he gazed at nearly every day, to the voluptuous women he so loved to watch walking along that beach.


These women, he often said, were his inspiration.


"Curves are the essence of my work because they are the essence of Brazil, pure and simple," Niemeyer told the Washington Post in 2002. "I am a Brazilian before I am an architect. I cannot separate the two."


A passionate man, he lived in protest of the right angle "and buildings designed with the ruler and the square." His politics were also those of protest — he became a communist in the 1940s because of his anger over the inequality he saw around him, and he was a longtime friend of Cuba's revolutionary, Fidel Castro. His designs — especially of Brasilia — were partly an attempt to push his country toward egalitarianism, bringing rich and poor together through housing projects and public spaces.


A few years after Brasilia was completed, when a rightist military coup in 1964 not only destroyed Niemeyer's dreams of a just society in Brazil but also took away his sponsors, he fled to Algiers and then Paris. In the city, he had an office on the Champs Elysees and met Pablo Picasso, Jean-Paul Sartre and many other notables and, he later recounted, lived a hedonistic life far away from his wife, Annita. He returned to Rio in the late 1970s.


Oscar Ribeiro de Almeida de Niemeyer Soares was a Carioca — a native of Rio — whose heritage was Portuguese, Arab and German. Born Dec. 15, 1907, he was the son of a businessman and his wife who lived in Laranjeiras, a quaint, hilly neighborhood within the city.


While at the National School of Fine Arts, from which he graduated in 1934, Niemeyer worked with architect and urban planner Lucio Costa, who would lead Niemeyer to projects that would make his name in international architecture.


Costa, the master planner of Brasilia and an early proponent of Brazilian modernism, at first was unimpressed when the young draftsman joined his firm. Before long, they were working with Swiss-born architect Le Corbusier — who was in Brazil as a design consultant to the government — on the defiantly modern design for the Ministry of Education and Health Building in Rio. The building, which incorporated Le Corbusier's signature "brise-soleil" louvers to shield it from Brazil's intense sunlight, became a symbol of the new architecture in Brazil.


Le Corbusier would greatly influence Niemeyer, instilling in him a sense of fluidity, spontaneity and what David Underwood, writing in "Oscar Niemeyer and Brazilian Free-form Modernism" (1994), called jeito — "the lightness of touch, the graceful elegance of form and the movement inherent in the sauntering 'Girl from Ipanema' celebrated in the best of Brazilian modernism."


While Le Corbusier opened doors to creativity, however, Niemeyer saw his work as very distinct from his mentor's. As he told The Times: "He posited the right angle. I posit the curve."


In bringing to life his sensuous designs, he relied on what was then a new and versatile material — reinforced concrete — which he pushed to its limits, especially at load-bearing points, he wrote in a 2003 essay for Deutsches Architektur Museum, "which I wanted to be as delicate as possible so that it would seem as if [they] barely touched the ground."


The first Niemeyer structure built was a maternity clinic in Rio in 1937. His first major project, commissioned in 1940, were buildings for Pampulha, a then-new suburb of the southeastern city of Belo Horizonte, including a yacht club, casino and a church so avant-garde in design that church officials refused to consecrate it for 16 years.


With Costa, Niemeyer also designed the Brazilian Pavilion at the New York World's Fair in 1939, and Niemeyer influenced the ultimate design of the United Nations headquarters while serving as Brazil's design consultant in 1947.


In time, his portfolio would include a postwar housing project in Berlin; the universities of Constantine and Algiers in Algeria; the French Communist Party headquarters in Paris; the Cultural Center of Le Havre, France; and the Mondadori headquarters in Milan.


He also designed the Strick House in Santa Monica— thought to be his only residential commission in the United States.


He will perhaps be best remembered for Brasilia, the bold project launched by Brazilian President Juscelino Kubitschek in 1956 in an effort to unify his vast country and move it forward half a century in a mere five years.





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In brewing rivalry, Instagram trims ties to Twitter












SAN FRANCISCO (Reuters) – Facebook Inc’s recently acquired photo-sharing service Instagram removed a key element of its integration with Twitter, signaling a deepening rift between two of the Web’s dominant social media companies.


Instagram Chief Executive Kevin Systrom said Wednesday his company turned off support for Twitter “cards” in order to drive Twitter users to Instagram’s own website. Twitter “cards” are a feature that allows multimedia content like YouTube videos and Instagram photos to be embedded and viewed directly within a Twitter message.












The move marked the latest clash between Facebook and Twitter since April, when Facebook, the world’s no. 1 social network, outbid Twitter to nab fast-growing Instagram in a cash-and-stock deal valued at the time at $ 1 billion. The acquisition closed in September for roughly $ 715 million, reflecting Facebook’s recent stock drop.


The companies’ ties have been strained since. In July, Twitter blocked Instagram from using its data to help new Instagram users find friends.


Beginning earlier this week, Twitter’s users began to complain in public messages that Instagram photos did not seem to display properly on Twitter’s website.


Systrom confirmed Wednesday that his company had decided its users should view photos on Instagram’s own Web pages and took steps to change its policies.


“We believe the best experience is for us to link back to where the content lives,” Systrom said in a statement, citing recent improvements to Instagram’s website.


“A handful of months ago, we supported Twitter cards because we had a minimal Web presence,” Systrom said, noting that the company has since released new features that allow users to comment about and “like” photos directly on Instagram’s website.


The move escalates a rivalry in the fast-growing social networking sector, where the biggest players have sought to wall off access to content from rival services and to their ranks of users.


“They’re both competing for slices of the same pie, the pie being users’ attention,” said Ray Valdes, an analyst with research firm Gartner.


If Facebook decides to offer advertising on Instagram, it’s important that the users visit Instagram’s own website, said Valdes. “If the eyeballs are elsewhere, you have less to work with in terms of monetization,” he said.


Photos are among the most popular features on both Facebook and Twitter, and Instagram’s meteoric rise in recent years has further proved how picture-sharing has become a key front in the battle for social Internet supremacy.


Instagram, which has 100 million users, allows consumers to tweak the photos they take on their smartphones and share the images with friends, a feature that Twitter has reportedly also begun to develop. Twitter’s executive chairman, Jack Dorsey, was an early investor in Instagram and had hoped to acquire it before Facebook CEO Mark Zuckerberg made a successful bid.


When Zuckerberg announced the acquisition in an April blog post, he highlighted Instagram’s inter-connectivity with other social networks.


“We think the fact that Instagram is connected to other services beyond Facebook is an important part of the experience,” Zuckerberg wrote. “We plan on keeping features like the ability to post to other social networks.”


A Twitter spokesman declined comment Wednesday, but a status message on Twitter’s website confirmed that users are “experiencing issues,” such as “cropped images” when viewing Instagram photos on Twitter.


(Reporting By Alexei Oreskovic and Gerry Shih; Editing by Nick Zieminski and Leslie Adler)


Internet News Headlines – Yahoo! News


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Grammys spread the love with 6 top nominees


NASHVILLE, Tenn. (AP) — The Grammy Awards celebrated the diversity of music as six different artists tied for lead nominee — Kanye West, Jay-Z, Frank Ocean, Dan Auerbach of The Black Keys, Mumford & Sons and fun.


Auerbach received five nominations as a member of the Keys and also is up for producer of the year, earning a spot with the others at the top of the list as the Grammy's primetime television special came to his hometown Wednesday night.


"We're speechless," Auerbach said in a statement to The Associated Press from Germany, where he's on tour with drummer Patrick Carney.


The rockers little resemble any of the other acts at the top of the list. The top nominations for Jay-Z and West, two of hip-hop's most important figures, is a familiar refrain. Each has routinely been at or near the top of the nominations list for the last several years.


Indie pop band fun., a featured performer during the show, aired live from Nashville's Bridgestone Arena on CBS, rode the success of its anthemic hit "We Are Young" featuring Janelle Monae to sweep of the major categories, earning nods for best new artist, song and record for "We Are Young" and album of the year for "Some Nights." The band's producer Jeff Bhasker is up for four nominations.


"When you call your band fun. with a period at the end of the sentence, you set a very high standard for yourself and for fun itself," Taylor Swift, the concert's co-host, said in introducing them. "Fortunately this band from New York has lived up to the name in the best possible way."


R&B singer Ocean, whose mother was in attendance, made a bold social statement earlier this year when he noted he had a same-sex relationship in the liner notes of his new album "channel ORANGE," and The Recording Academy rewarded him with the major nominations best new artist, record for "Thinkin Bout You" and album of the year.


And British folk-rock band Mumford & Sons, which made an auspicious debut in front of an international audience during the 2011 Grammys, is up for album of the year for "Babel," one of 2012's best-selling releases.


Miguel, who helped Ocean shake up the R&B world this year, and jazz great Chick Corea join the Keys with five nominations apiece. Nas and recording engineer Bob Ludwig join Bhasker at four apiece.


There were no major snubs. Most of 2012's inescapable hits are represented in some way — Gotye's "Somebody That I Used To Know" is up for record of the year and Carly Rae Jepsen's "Call Me Maybe" garnered a song of the year nod. Drake, Rihanna and Nashville residents Swift, Kelly Clarkson, Jack White and best new artist nominee Hunter Hayes were among 16 nominees with three nods.


In many ways the nominations reflect a singles-driven year when no album rose to the level of acclaim as Adele's "21" or West's "My Beautiful Dark Twisted Fantasy," which dominated the Grammys last February.


Rock, relegated to second stage in the era of electronic dance music, made something of a comeback, and young bands are peppered in with the nominees we've come to expect each year.


The best new artist category is a great example of this year's diversity. From the minimalist R&B of Ocean, the pop-influenced sounds of fun. and Hayes, the soulful rock of Alabama Shakes and the Americana swing of The Lumineers, there's little resemblance between the acts.


"I think people listen to a lot of types of music and Spotify has proven that, and iPod has proven that," Lumineers member Wes Schultz said. "Radio stations don't prove that. ... Every person in that audience tonight, I saw them freaking out about various artists that have no relationship to each other."


Alabama Shakes drummer Steve Johnson noted the diversity in the category, then made a surprising statement after the show: "If I were on the other side of the fence, I'd vote Frank Ocean personally."


The 55th annual Grammy Awards will be held Feb. 10 in Los Angeles. Trophies will be handed out in 81 categories.


The 5-year-old nominations show was held outside Los Angeles for the first time and showcased Music City for its growing role in the music industry. The Bridgestone Arena marked the largest venue the show has been held in and it may have been a dress rehearsal for a chance to host the main awards show sometime in the future.


LL Cool J returned as host, sharing duties with Swift, whose hit song "We Are Never Ever Getting Back Together" earned a nod in the jam-packed record of the year category. She was joined by fun., Gotye, Clarkson's "Stronger (What Doesn't Kill You)," The Black Keys' "Lonely Boy" and Ocean's "Thinkin Bout You."


Swift and LL Cool J opened the show by putting together a beat-box version of Swift's hit "Mean." Hayes displayed his versatility while announcing the best pop vocal album by singing snippets of each star's hit song. Maroon 5 played headliner, singing three songs mid-show before finishing off the live broadcast. The group stuck around for an hourlong performance afterward for the crowd in attendance.


Assisted by Monae, fun. reimagined "We Are Young" with orchestral strings as the crowd sang along, Ne-Yo, in wine-colored bowler, kicked things up with a cadre of dancers on his new club-infused song "Let Me Love You." And the show tipped its hat to Nashville with a salute to Johnny Cash by Dierks Bentley and The Band Perry.


The Black Keys' "El Camino" was nominated for album of the year along with fun.'s "Some Nights," Mumford & Sons' "Babel," Ocean's "channel ORANGE" and White's "Blunderbuss." For best new artist, fun. and Ocean were joined by Alabama Shakes, Hayes, The Lumineers.


Song of the year nominees were Ed Sheeran's "The A Team," Miguel's "Adorn," Jepsen's "Call Me Maybe," Clarkson's "Stronger (What Doesn't Kill You)" and fun.'s "We Are Young."


___


Online:


http://grammy.com


___


Follow AP Music Writer Chris Talbott: http://twitter.com/Chris_Talbott.


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Extended Use of Breast Cancer Drug Suggested


The widely prescribed drug tamoxifen already plays a major role in reducing the risk of death from breast cancer. But a new study suggests that women should be taking the drug for twice as long as is now customary, a finding that could upend the standard that has been in place for about 15 years.


In the study, patients who continued taking tamoxifen for 10 years were less likely to have the cancer come back or to die from the disease than women who took the drug for only five years, the current standard of care.


“Certainly, the advice to stop in five years should not stand,” said Prof. Richard Peto, a medical statistician at Oxford University and senior author of the study, which was published in The Lancet on Wednesday and presented at the San Antonio Breast Cancer Symposium.


Breast cancer specialists not involved in the study said the results could have the biggest impact on premenopausal women, who account for a fifth to a quarter of new breast cancer cases. Postmenopausal women tend to take different drugs, but some experts said the results suggest that those drugs might be taken for a longer duration as well.


“We’ve been waiting for this result,” said Dr. Robert W. Carlson, a professor of medicine at Stanford University. “I think it is especially practice-changing in premenopausal women because the results do favor a 10-year regimen.”


Dr. Eric P. Winer, chief of women’s cancers at the Dana-Farber Cancer Institute in Boston, said that even women who completed their five years of tamoxifen months or years ago might consider starting on the drug again.


Tamoxifen blocks the effect of the hormone estrogen, which fuels tumor growth in estrogen receptor-positive cancers that account for about 65 percent of cases in premenopausal women. Some small studies in the 1990s suggested that there was no benefit to using tamoxifen longer than five years, so that has been the standard.


About 227,000 cases of breast cancer are diagnosed each year in the United States, and an estimated 30,000 of them are in premenopausal women with estrogen receptor-positive cancer and prime candidates for tamoxifen. But postmenopausal women also take tamoxifen if they cannot tolerate the alternative drugs, known as aromatase inhibitors.


The new study, known as Atlas, included nearly 7,000 women with ER-positive disease who had completed five years of tamoxifen. They came from about three dozen countries. Half were chosen at random to take the drug another five years, while the others were told to stop.


In the group assigned to take tamoxifen for 10 years, 21.4 percent had a recurrence of breast cancer in the ensuing 10 years, meaning the period 5 to 14 years after their diagnoses. The recurrence rate for those who took only five years of tamoxifen was 25.1 percent.


About 12.2 percent of those in the 10-year treatment group died from breast cancer, compared with 15 percent for those in the control group.


There was virtually no difference in death and recurrence between the two groups during the five years of extra tamoxifen. The difference came in later years, suggesting that tamoxifen has a carry-over effect that lasts long after women stop taking it.


Whether these differences are big enough to cause women to take the drug for twice as long remains to be seen.


“The treatment effect is real, but it’s modest,” said Dr. Paul E. Goss, director of breast cancer research at the Massachusetts General Hospital.


Tamoxifen has side effects, including endometrial cancer, blood clots and hot flashes, which cause many women to stop taking the drug. In the Atlas trial, it appears that roughly 40 percent of the patients assigned to take tamoxifen for the additional five years stopped prematurely.


Some 3.1 percent of those taking the extra five years of tamoxifen got endometrial cancer versus 1.6 percent in the control group. However, only 0.6 percent of those in the longer treatment group died from endometrial cancer or pulmonary blood clots, compared with 0.4 percent in the control group.


“Over all, the benefits of extended tamoxifen seemed to outweigh the risks substantially,” Trevor J. Powles of the Cancer Center London, said in a commentary published by The Lancet.


Dr. Judy E. Garber, director of the Center for Cancer Genetics and Prevention at Dana-Farber, said many women have a love-hate relationship with hormone therapies.


“They don’t feel well on them, but it’s their safety net,” said Dr. Garber, who added that the news would be welcomed by many patients who would like to stay on the drug. “I have patients who agonize about this, people who are coming to the end of their tamoxifen.”


Emily Behrend, who is a few months from finishing her five years on tamoxifen, said she would definitely consider another five years. “If it can keep the cancer away, I’m all for it,” said Ms. Behrend, 39, a single mother in Tomball, Tex. She is taking the antidepressant Effexor to help control the night sweats and hot flashes caused by tamoxifen.


Cost is not considered a huge barrier to taking tamoxifen longer because the drug can be obtained for less than $200 a year.


The results, while answering one question, raise many new ones, including whether even more than 10 years of treatment would be better still.


Perhaps the most important question is what the results mean for postmenopausal women. Even many women who are premenopausal at the time of diagnosis will pass through menopause by the time they finish their first five years of tamoxifen, or will have been pushed into menopause by chemotherapy.


Postmenopausal patients tend to take aromatase inhibitors like anastrozole or letrozole, which are more effective than tamoxifen at preventing breast cancer recurrence, though they do not work for premenopausal women.


Mr. Peto said he thought the results of the Atlas study would “apply to endocrine therapy in general,” meaning that 10 years of an aromatase inhibitor would be better than five years. Other doctors were not so sure.


The Atlas study was paid for by various organizations including the United States Army, the British government and AstraZeneca, which makes the brand-name version of tamoxifen.


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Netflix buys exclusive rights to Disney movies









Netflix Inc. has acquired exclusive U.S. rights to movies from Walt Disney Studios in a deal that catapults the Internet video-on-demand service into direct competition with pay TV giants such as HBO and Showtime.


The three-year agreement takes effect in 2016 and is a blow to the pay channel Starz, which currently has the rights to broadcast Disney movies, including its Pixar animated films and Marvel superhero pictures, about eight months after they are released in theaters.


Starz's sole remaining movie provider is now Sony Pictures. That partnership ends in 2016.





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Disney has also agreed to give Netflix nonexclusive streaming rights to more of its older titles — including "Dumbo," "Pocahontas" and "Alice in Wonderland" — starting immediately.


Netflix's chief content officer, Ted Sarandos, called the deal "a bold leap forward for Internet television."


"We are incredibly pleased and proud this iconic family brand is teaming with Netflix to make it happen," he said.


Netflix stock soared on the news, rising $10.65, or 14%, to $85.65.


Shares in Starz's parent company, Liberty Media Corp., fell $5.49, or 5%, to $105.56.


Currently, Netflix has nonexclusive rights to movies from Paramount Pictures, Lionsgate and Metro-Goldwyn-Mayer via a deal with pay channel Epix, as well as an array of library titles from other studios. Its only exclusive movie rights come from independent studios such as Relativity Media and DreamWorks Animation. It also has a wide variety of television reruns.


Sarandos and Netflix Chief Executive Reed Hastings have long said the company wanted to get exclusive pay TV rights to films from one of Hollywood's six major studios to boost its online entertainment service.


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However, Hastings has also at times downplayed the importance of new movies. Netflix previously had streaming rights to Disney and Sony movies via a deal with Starz. In January, investors expressed their concerns that the pending disappearance of those movies would hurt the service. Hastings said in a letter to investors that Disney films accounted for only 2% of domestic streaming and the loss would not be felt.


Since then, though, the Disney movie slate has become more attractive. At that time, Netflix did not have access to movies from Disney's Marvel superhero unit or the "Star Wars" titles from its pending acquisition of Lucasfilm Ltd.


The end of the Starz agreement accelerated a trend that has seen Netflix evolve into a television company, with reruns of shows such as "Mad Men" accounting for about two-thirds of the content streamed by users.


With several original programs launching next year, including the Kevin Spacey political drama "House of Cards," and a direct connection to a growing number of Internet-enabled televisions, Netflix is on the verge of standing on par with many TV networks.


Netflix charges $8 a month for its streaming service, while premium cable networks such as HBO cost $13 to $18 a month, and that's on top of a monthly bill for other channels that typically exceeds $50. It remains to be seen whether the addition of Disney products and more original programming could lead Netflix to increase its price.


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The Netflix spending spree could continue, with Sarandos telling Bloomberg News on Monday that his company would bid for rights to Sony movies when its Starz deal expires.


Netflix might have a tougher time wresting away the rights to Warner Bros., 20th Century Fox or Universal Pictures releases from their current deals with HBO, which like Warner is part of Time Warner Inc. Paramount, Lionsgate and MGM are almost certain to stick with Epix, of which the trio are co-owners.





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L.A. fire chief blames slower response times on budget cuts









Los Angeles Fire Chief Brian Cummings turned the tables on City Council members Tuesday, blaming increased 911 response times on budget cuts approved by lawmakers.


"You gave us a budget," Cummings said during a nearly two-hour City Hall hearing. "We're giving you the most effective Fire Department that we can within that budget."


Cummings was summoned to appear before the council after he failed to produce a plan to improve service and response times, which have grown longer since budget cuts were ordered three years ago after the economic downturn.





The council asked for the blueprint in April. On Tuesday, Cummings was given an additional 60 days to submit the plan.


Cummings blamed the delay on the department's data problems, which have been the subject of multiple investigations by city auditors and outside experts. Years of response time data were found to be flawed and the LAFD has accurate data only for the last two to three months, Cummings said.


Reliable performance data from a longer period is needed before changes in the department deployment plan can be recommended, he said. Improvements will require more funding, he added.


"The simple answer is money," Cummings said. "The way we improve response times is by putting more resources in the field."


The department's performance has been under scrutiny since March when fire officials acknowledged producing inaccurate response time data that made it appear rescuers were getting to emergencies faster than they actually were.


Fire officials are dealing with other embarrassments. Federal officials are investigating whether confidential information was obtained illegally on hundreds of patients who rode in Fire Department ambulances, according to a city lawyer. The department also has been criticized by the city's top budget officials for going over its budget by millions of dollars.


On Tuesday morning, The Times reported on a YouTube video titled "Firehouse Burlesque Hula Hooping" showing a woman in high-heels and tight shorts dancing with a hoop at a Venice fire station. The video was a promotion for Hoopnotica, a fitness company. The firm's chief executive said the shoot was unplanned, lasted no more than 30 minutes and that no money changed hands.


Last year, firefighters from the same Venice firehouse and another station were investigated for allowing fire engines to be used in porn shoots. Shortly after those videos surfaced, the controversy spread to Cummings when the chief acknowledged that he once posed for racy photos with a bikini-clad woman when he was stationed in Venice as a captain.


Cummings said the department was investigating the hula hoop video. Councilman Mitchell Englander, who chairs the council's Public Safety Committee, said firehouse antics are "another part of the culture we have to change."


At the council meeting, Cummings and other fire officials reviewed the recent findings of a task force formed to examine the department's various data management troubles.


Councilman Eric Garcetti said he was happy the data problems were being addressed, but said he wanted a detailed plan for service improvements.


He also said the department needs stronger leadership. "I want somebody fighting for this department," he said. "Talk to your firefighters out there. They don't feel that is happening."


After the economic downturn, the council and Mayor Antonio Villaraigosa cut the LAFD's annual budget by $88 million — from $561 million in 2008 to $473 million in 2011.


The cuts led to service "brownouts," which took units out of service on a rotating basis, and which were eventually replaced by a new deployment plan. Cummings, an assistant chief at the time who oversaw development of the redeployment, predicted response times would match pre-recession levels following the changes. But investigations by The Times and City Controller Wendy Greuel found response times for medical emergencies have increased over the last four years.


Councilman Richard Alarcon admonished his colleagues, saying they should have known their budget cuts would lead to slower response times.


"Even Barry Bonds can't hit home runs with a plastic bat," said Alarcon, who voted against the cuts.


This spring, responding to concerns about the department's performance and the controversy over the accuracy of its data, lawmakers added back $40 million to the department budget. Cummings has requested an additional $50 million in next year's budget.


kate.linthicum@latimes.com


robert.lopez@latimes.com


ben.welsh@latimes.com





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