BlackBerry chooses more traditional route to drum up buzz over Super Bowl ad






TORONTO – After a week of massive hype for its new smartphones, BlackBerry has decided to remain secretive about its Super Bowl commercial in an effort to squeeze every bit of juice out of the pricey advertising campaign.


The Waterloo, Ont.-based company, formerly known as Research In Motion (TSX:RIM), released a single frame of the 30-second TV spot on Friday, without any explanation of what it was, or what it meant.






The move goes against the trend of unleashing Super Bowl ads on the Internet ahead of the big game in an effort to generate extra hype.


This year, smartphone competitor Samsung chose to release its commercial starring comedians Seth Rogan and Paul Rudd on Thursday. Other major companies like Mercedes and Coke have also put their ads online.


Recent statistics have shown that advertisers gain more traction from their Super Bowl TV spots if they’re released online before the event, which takes place on Sunday.


Last year, the Super Bowl ads uploaded to YouTube before the game were viewed 600 per cent more times, an average of 9.1 million views, compared to the ones that were put online after the game, according to the streaming video service owned by Google.


Going against the trend, the BlackBerry maker will keep smartphone users guessing about what their advertisement is about and who it might feature. Certainly the company’s publicity team carefully chose which frame to release as its sneak preview.


The frame shows an early 1980s Honda Accord is parked alongside a meter. Behind it, there’s a colourful explosion of powder in front of stairs leading up to apartment No. 437.


The clues would suggest harkening back to the birth of the IBM personal computer, introduced to the market in 1981 using the coding 437 as its original character set, or more simply, the appearance of its font on screen.


It may be a clue because BlackBerry chief executive Thorsten Heins has touted the launch of the new smartphones this week as a new era in mobile computing because the devices have nearly the same amount of processing power as a personal computer.


All of that won’t be proven true or false until the game on Sunday evening where the BlackBerry ad will air sometime after the third quarter, the company said.


The Super Bowl is the most-watched television event of the year, drawing 111.3 million U.S. viewers in 2012.


In Canada, last year’s broadcast drew a record 8.1 million viewers.


The event is also the most expensive event for advertisers, costing an average of $ 3.4 million for a 30-second spot on NBC last year, according to ratings firm Nielsen.


This year, estimates for how much CBS is charging for a 30-second spot vary wildly from between $ 3.6 million to $ 4 million. CTV declined to say how much it charges for Canadian airtime.


Also slated in the Super Bowl commercial lineup are advertisements from the Bank of Montreal (TSX:BMO), with different versions airing on both sides of the border.


In the U.S., the company has purchased airtime in the midwest where its banks have a strong presence under the BMO Harris Bank brand. In the commercial, dubbed “Dream Home,” a young couple ponders the possibilities of buying a home, before they’re surprised when a real estate agent throws up a “For Sale” sign right in front of them.


BMO has also bought airtime in Canada, though it will be showing a commercial that has already aired during prime time.


Last year, a Harris-Decima Canadian Press poll found that more Canadians planned to watch the Super Bowl ads than the football game itself.


Gadgets News Headlines – Yahoo! News





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Washington wins 3 trophies at NAACP Image Awards


LOS ANGELES (AP) — Kerry Washington was a triple threat at the NAACP Image Awards.


The star of ABC's "Scandal" picked up a trio of trophies at the 44th annual ceremony: outstanding actress in a drama series for "Scandal," supporting actress in a motion picture for "Django Unchained" and the President's Award, which is given in recognition of special achievement and exceptional public service.


"This award does not belong to me," said Washington, who plays a slave separated from her husband in "Django Unchained," as she picked up her first trophy of the evening for her role in the film directed by Quentin Tarantino. "It belongs to our ancestors. We shot this film on a slave plantation, and they were with us along every step of the way."


Washington, who plays crisis management consultant Olivia Pope on "Scandal," serves on President Barack Obama's Committee on the Arts and the Humanities.


Don Cheedle was awarded the outstanding actor in a comedy series trophy for his role as a slick management consultant in Showtime's "House of Lies."


"This doesn't belong just to me, but I am taking it home tonight," joked Cheedle.


A few winners weren't present at the Shrine Auditorium to pick up their trophies, including Denzel Washington for outstanding actor in a motion picture for "Flight," Viola Davis for outstanding actress in a motion picture for "Won't Back Down" and Omar Epps for supporting actor in a drama series for Fox's "House."


"Red Tails," the drama about the Tuskegee Airmen, was honored as outstanding motion picture.


"Look! I beat Quentin Tarantino," beamed "Red Tails" executive producer George Lucas as he accepted the award.


LL Cool J, who was honored as outstanding actor in a drama series for CBS' "NCIS: Los Angeles," dedicated his trophy to fellow nominee Michael Clarke Duncan, "The Green Mile" and "The Finder" actor who died last year.


"I wish his family well," said LL. "Let's give it up for him."


Gladys Knight sang during the in memoriam segment, but the beginning of her performance wasn't heard on the live NBC broadcast because of a technical glitch.


Sidney Poitier presented Harry Belafonte with the Spingarn Award, which honors outstanding achievement by an African American. His honor was followed by a serenade from Wyclef Jean and Common.


Other winners at the ceremony hosted by talk show host Steve Harvey included Loretta Devine as supporting actress in a drama series for "Grey's Anatomy," Cassi Davis as outstanding actress in a comedy series and Lance Gross as outstanding supporting actor in a comedy series for TBS' "Tyler Perry's House of Payne."


The Image Awards are presented annually by the National Association for the Advancement of Colored People, and the group's members select the winners.


___


Online:


http://www.naacpimageawards.net


___


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


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Birth Control Rule Altered to Allay Religious Objections





WASHINGTON — The Obama administration on Friday proposed yet another compromise to address strenuous objections from religious organizations about a policy requiring health insurance plans to provide free contraceptives, but the change did not end the political furor or legal fight over the issue.




The proposal could expand the number of groups that do not need to pay directly for birth control coverage, encompassing not only churches and other religious organizations, but also some religiously affiliated hospitals, universities and social service agencies. Health insurance companies would pay for the coverage.


The latest proposed change is the third in the last 15 months, all announced on Fridays, as President Obama has struggled to balance women’s rights, health care and religious liberty. Legal experts said the fight could end up in the Supreme Court.


Kathleen Sebelius, the secretary of health and human services, said the proposal would guarantee free coverage of birth control “while respecting religious concerns.”


But Kyle Duncan, the general counsel of the Becket Fund for Religious Liberty in Washington, which is representing employers in eight lawsuits, said the litigation would continue. “Today’s proposed rule does nothing to protect the religious freedom of millions of Americans,” Mr. Duncan said.


Religious groups dissatisfied with the new proposal want a broader, more explicit exemption for religious organizations and protection for secular businesses owned by people with religious objections to contraceptive coverage.


The tortured history of the rule has played out in several chapters. The Obama administration first issued standards requiring insurers to cover contraceptives for women in August 2011, less than a month after receiving recommendations to that effect from the National Academy of Sciences. In January 2012, the administration rejected a broad exemption sought by the Roman Catholic Church for insurance provided by Catholic hospitals, colleges and charities. After a firestorm of criticism from Catholic bishops and Republican lawmakers, the administration offered a possible compromise that February. But it left many questions unanswered and did not say how coverage would be provided for self-insured religious organizations.


Under the new proposal, churches and nonprofit religious organizations that object to providing birth control coverage on religious grounds would not have to pay for it.


Female employees could get free contraceptive coverage through a separate plan that would be provided by a health insurer. Institutions objecting to the coverage would not pay for the contraceptives.


Insurance companies would bear the cost of providing the separate coverage, with the possibility of recouping the costs through lower health care expenses resulting in part from fewer births.


Chiquita Brooks-LaSure, who helped develop the proposal as deputy director of the federal office that regulates health insurance, said: “Under the proposed rule, insurance companies — not churches or other religious organizations — will cover contraceptive services. No nonprofit religious institution will be forced to pay for or provide contraceptive coverage, and churches and houses of worship are specifically exempt.”


Moreover, she said, “Nonprofit religious organizations like universities, hospitals or charities with religious objections won’t have to arrange, contract or pay for coverage of these services for their employees or students.”


But some of the lawsuits objecting to the plan have been filed by businesses owned by people who say they have religious reasons for not wanting to provide contraceptive coverage. Under the proposed rule, “for-profit secular employers” would have to provide birth control coverage to employees, even if the business owners had a religious objection to the idea.


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Gordon Brush plant owner bristles at red tape tying up expansion








Ken Rakusin is frustrated.


You would be too.


Since 2009, the owner of Gordon Brush Manufacturing Co. has been trying to expand his 51,000-square-foot City of Commerce factory by 20,000 square feet. That would mean a larger factory floor, more office space for the engineers who work with customers to design new products, conference rooms, a spacious cafeteria.






It would mean room to expand beyond Rakusin's current workforce of 85. More sales. Higher payroll. More property tax, sales tax, income tax. A $1.5-million investment in construction alone.


Four years on, and he's still trying. "I've almost given up," Rakusin, 61, told me one day recently as we toured the plant. "For the life of me, I can't understand it. If I rented out the building and moved to Nevada, they'd welcome me there with open arms."


The glitch apparently has something to do with a provision of the Los Angeles County building and fire code that would be affronted by Rakusin's construction plan. Before we get to the details, let's recognize that his experience underscores a major flaw in California's business development program, such as it is. Call it the missing middle: No one has the responsibility to mediate among various code and regulatory agencies in cases where it might make sense to work around the rules in a rule book to enable a California manufacturer to remain in place and even expand.


In the case of Gordon Brush, the City of Commerce and the Los Angeles County Economic Development Corp. have each taken a crack at finding a way around the fire code. "I've asked every question possible, and the answers come back every time: 'Nope,'" Rakusin says.


He echoes other small-business owners in observing that California isn't even organized to clue them in on the pro-business programs it does offer. Rakusin recalls that at an industry conference during the depths of the 2008 recession, a brush maker from Missouri told him about that state's innovative "workshare" program, through which the state paid some of the wages of skilled workers to tide companies over the slump and keep layoffs to a minimum.


Rakusin wondered if California had a similar program, only to discover that it did — and had pioneered the concept! "But nobody knew about it here," he says. "How come I had to learn about it from someone from Missouri?" (The California program helped Rakusin keep some workers through the most recent recession that the company could not afford to lose for the long term.)


What's at risk is a distinguished Southern California business with a veteran force of skilled workers earning as much as $20 an hour, plus medical benefits and a 401(k) plan. Gordon Brush was founded in 1951 in Los Angeles and acquired in 1974 by William Loitz, a McDonnell Douglas engineer who had helped put a man on the moon and figured that was capstone enough to anyone's aerospace career, as Rakusin recalls.


By 1989 the business was in trouble. Rakusin was an executive at Xerox in El Segundo looking for a new challenge, but when he first met with Loitz he was doubtful. "I think you'll be able to fix this," Loitz told him. Rakusin thought at first, "I belong at Xerox," then decided he'd be a fool to turn down the gamble of a new career. In a year he had doubled Gordon's profit and by 2010 he had bought out the last of the Loitz family's interest. The company moved to its Commerce location in 1998.


You may think the brush business is simple and low-tech, but that's not true even if all you know about it is paintbrushes. There are cheap paintbrushes and expensive ones, brushes for house painters and portrait artists, all requiring different shapes, sizes and bristles. There are cheap cosmetic brushes made from white goat hair and artist's brushes made from blue squirrel fur, which costs $5,000 a pound.


"We've sent brushes to the moon and Mars," Rakusin told me, describing a contract from the Jet Propulsion Laboratory to equip the Mars and lunar rovers with stainless steel brushes for sweeping clean their collection scoops. "A guy came over from JPL and said, 'We need three — one to go up and two for testing.'" His finished products were nestled like precious jewels or sensitive explosives in a suitcase with foam padding so they wouldn't be jostled on their way to La CaƱada Flintridge.


The factory floor is studded with huge half-million-dollar, computer-driven machines from Germany, Italy and Belgium. But despite what you may have heard, robots aren't perfect. Often there's no substitute for a human eye and hand to put the finishing touches on a product or to fix a flaw.


The bestselling brush Gordon makes is a hand-held, all-purpose one made of wood veneer, which the factory can turn out at the rate of 30,000 a day. It uses robot machines to drill holes in the 8-inch handles and fill them with tufts of wire, watched over by a single operator per shift. ("This is how I compete with China," Rakusin says.)


At the other end of the scale are custom and one-off items that Gordon Brush makes for NASA, for the semiconductor industry, for the Pentagon — you'd be amazed at who needs a brush with a unique design. For example, the Army: As Rakusin tells the story, it was discarding the gun barrels of its Abrams tank after their bores got too encrusted with soot.


"They were throwing them away at $150,000 each, until somebody said, 'Can't we clean them instead?'" The Pentagon had three teams of engineers working with three brush companies to come up with a solution. Gordon won the contract with a bulbous design made of heavy plastic with ranks of short wire bristles — $150 each to save gun barrels worth a thousand times as much.


Rakusin's decision to expand the plant in 2009 came as the economic recovery got underway. His idea was to add a two-story annex on one side of the factory, with room for an expanded employee cafeteria and more office space. That would free up as much as 20,000 square feet for manufacturing. He would also push his loading docks out into his parking lot for an additional 4,500 square feet of warehouse.


In the beginning, things moved fast. The Commerce planning commission gave zoning approval in January 2011, the county fire department asked for some minor changes in February, then electrical approvals followed, as well as assents from Southern California Edison and the railroads whose infrastructure abuts the property.


Then, in May 2011, the county fire marshals objected that the proposed expansion violated fire code provisions governing the size of a building relative to its lot.


And that was that.


"You're dealing with absolutes," says Alex Hamilton, the City of Commerce's top business development official. "It's a building and fire code issue."


He says the project sailed through the city's planning process — "from a zoning perspective it looked fine" — but the fire code was out of the city's jurisdiction. Hamilton says fire officials tried to find a way around the code restrictions but couldn't. "This received attention at the highest levels," he says. (Fire Department officials didn't return my calls.)


The L.A. County Economic Development Corp. ran into the same roadblock, says Barbara Levine, the LAEDC's regional officer for the City of Commerce. Rakusin "was talking to the right people," she says. He just wasn't getting the right answers.


It's conceivable that the fire code provision at issue in Rakusin's expansion has such important safety implications that what it says goes. But it's also possible that the problem is that every agency sees his issue from within its own sandbox, because no one in state or local government is entrusted with the power to bring them together and make a beach.


Rakusin says he receives "one letter a week" from economic development agencies in other states. They don't tell him anything he doesn't already know. He owns a factory in Wisconsin, where the purchase of factory equipment is exempt from sales tax; in Commerce, a $1-million machine will cost him an extra $90,000 in state and local levies.


Throughout his ordeal, Rakusin got the strong impression that things might have gone a little better if he was seriously threatening to leave the state. That's a dangerous impression to give a business owner, especially a manufacturer already sensitive about being ignored.


"Manufacturing gets no attention, but it's the most consistent job creator there is," he says, "and this is already the most expensive place to do it." Are these the businesses California should be taking for granted?


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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Mahony stripped of public church duties



Cardinal Mahony stripped of public church duties
Los Angeles Archbishop Jose Gomez  on Thursday announced dramatic actions in response to the priest abuse scandal, saying that Cardinal Roger Mahony would be stripped of public duties in the church and that Santa Barbara Bishop Thomas J. Curry has stepped down.


Gomez said in a statement that Mahony -- who led the L.A. archdiocese from 1985 to 2011 -- "will no longer have any administrative or public duties."


Gomez also announced the church has released a trove of confidential church files detailing how the Los Angeles archdiocese dealt with priests accused of molestation.


Gomez wrote in a letter to parishioners that the files would be disturbing to read.


"I find these files to be brutal and painful reading. The behavior described in these files is terribly sad and evil. There is no excuse, no explaining away what happened to these children. The priests involved had the duty to be their spiritual fathers and they failed," he wrote. "We need to acknowledge that terrible failure today."


Gomez's statement came a week after the release of internal Catholic church records. The records showed 15 years before the clergy sex abuse scandal came to light, Mahony and Curry discussed ways to conceal the molestation of children from law enforcement. Those records represent just a fraction of the files the church released Thursday. The Times is now reviewing those files.


DOCUMENT: Los Angeles Archdiocese priest abuse files


The records released last week offer the strongest evidence yet of a concerted effort by officials in the nation's largest Catholic diocese to shield abusers from police. The newly released records, which the archdiocese fought for years to keep secret, reveal in church leaders' own words a desire to keep authorities from discovering that children were being molested.


The records contain memos written in 1986 and 1987 by Mahony and Curry, then the archdiocese's chief advisor on sex abuse cases. In the confidential letters, Curry proposed strategies to prevent police from investigating three priests who had admitted to church officials that they had abused young boys.


Curry suggested to Mahony that they prevent the priests from seeing therapists who might alert authorities and that they give the priests out-of-state assignments to avoid criminal investigators. Mahony, who retired in 2011, has apologized repeatedly for errors in handling abuse allegations.


Gomez's letter detailed changes in the status of Curry and Mahony in the church.


"Effective immediately, I have informed Cardinal Mahony that he will no longer have any administrative or public duties. Auxiliary Bishop Thomas Curry has also publicly apologized for his decisions while serving as Vicar for Clergy. I have accepted his request to be relieved of his responsibility as the Regional Bishop of Santa Barbara,” Gomez wrote in a letter.


The records were released hours after a judge signed an order requiring the church to do so.


In a written order, Los Angeles County Superior Court Judge Emilie H. Elias gave the church a Feb. 22 deadline to turn over about 30,000 pages of internal memos, psychiatric reports, Vatican correspondence and other documents.


“Let’s just get it done,” Elias said in court Thursday.


Her order brought to a close five and a half years of legal wrangling and delays and set the stage for a raft of new and almost certainly embarrassing revelations about the church’s handling of pedophile priests.


DOCUMENT: Los Angeles Archdiocese priest abuse files


The files Elias ordered released are the final piece of a landmark 2007 settlement between the archdiocese and about 500 people who said clergy abused them. As part of that $660-million settlement, the archdiocese agreed to hand over the personnel files of accused abusers. Victims said the files would provide accountability for church leaders who let pedophiles remain in the ministry; law enforcement officials said the records would be important investigative tools.


But the release was delayed for years by appeals and the painstaking process of reading and redacting 89 files, some hundreds of pages long. A private mediator in 2011 ordered the church to black out the names of victims and archdiocese employees not accused of abuse, saying he wanted to avoid “guilt by association.”


Earlier this month, at the urging of the Los Angeles Times and the Associated Press, Elias ordered the names restored, saying the public had a right to know what Mahony and others in charge did about abuse. The church complained about the cost of restoring the redactions and suggested to the judge earlier this week that generic cover sheets for the files listing top officials and their dates of service should suffice.


After criticism from attorneys for the victims and the media, the church abandoned that plan and its lawyers said in court Thursday “anybody in a supervisory role” would be named in the documents. Elias’ order specified that the names of the archbishop, the vicar who handled clergy abuse, bishops and the heads of Catholic treatment centers for pedophiles be included.


Here is Gomez's full letter:


My brothers and sisters in Christ,


This week we are releasing the files of priests who sexually abused children while they were serving in the Archdiocese of Los Angeles.


These files document abuses that happened decades ago. But that does not make them less serious.



I find these files to be brutal and painful reading. The behavior described in these files is terribly sad and evil. There is no excuse, no explaining away what happened to these children. The priests involved had the duty to be their spiritual fathers and they failed.


We need to acknowledge that terrible failure today. We need to pray for everyone who has ever been hurt by members of the Church. And we need to continue to support the long and painful process of healing their wounds and restoring the trust that was broken.


I cannot undo the failings of the past that we find in these pages. Reading these files, reflecting on the wounds that were caused, has been the saddest experience I’ve had since becoming your Archbishop in 2011.


My predecessor, retired Cardinal Roger Mahony, has expressed his sorrow for his failure to fully protect young people entrusted to his care. Effective immediately, I have informed Cardinal Mahony that he will no longer have any administrative or public duties. Auxiliary Bishop Thomas Curry has also publicly apologized for his decisions while serving as Vicar for Clergy. I have accepted his request to be relieved of his responsibility as the Regional Bishop of Santa Barbara.


To every victim of child sexual abuse by a member of our Church: I want to help you in your healing. I am profoundly sorry for these sins against you.


To every Catholic in the Archdiocese of Los Angeles, I want you to know: We will continue, as we have for many years now, to immediately report every credible allegation of abuse to law enforcement authorities and to remove those credibly accused from ministry. We will continue to work, every day, to make sure that our children are safe and loved and cared for in our parishes, schools and in every ministry in the Archdiocese.


In the weeks ahead, I will address all of these matters in greater detail. Today is a time for prayer and reflection and deep compassion for the victims of child sexual abuse.


I entrust all of us and our children and families to the tender care and protection of our Blessed Mother Mary, Our Lady of Guadalupe and Our Lady of the Angels.


Sincerely yours in Christ,



RELATED:


L.A. church molestation records spark call for criminal inquiry


Steve Lopez: It's too late for Cardinal Roger Mahony's apologies


--  Harriet Ryan, Hector Becerra, Ashley Powers and Victoria Kim


Photo: Cardinal Roger Mahony in the entrance processional for the Mass for the Reception of Coadjutor Archbishop of Los Angeles Jose Gomez. Credit: Don Bartletti / Los Angeles Times



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BSkyB to offer sports channels online for daily fee






LONDON (Reuters) – BSkyB will offer its popular sports channels online for a daily fee, seeking new customers to offset slowing growth at its core pay-TV service amid sluggish consumer spending.


Sky, Britain’s dominant pay-TV group which provides fixed-line telephony, TV and broadband to 10.7 million households, has adapted its strategy during the economic downturn after years of chasing new subscribers to its core TV offering.






The group added 25,000 subscribers to its pay-TV service in the three months to the end of December, well down on the more than 100,000 users it used to routinely add each quarter.


In response, it has focused on selling more products such as high definition TV and broadband to existing customers, and moving online to reach those not willing to sign up to a monthly contract. The approach has enabled the group to consistently post strong financial results and pay higher dividends.


“Although we expect the consumer environment in 2013 to remain challenging, we have a strong set of plans for the year ahead,” Chief Executive Jeremy Darroch said on Thursday.


Darroch said the group would offer its sports channels, which show everything from Premier League soccer to Formula One motor racing and cricket, on its new online service called Now TV in the next few months.


Viewers, who do not need to sign up to a contract, will be able to pay 9.99 pounds to watch all six Sky Sports channels for 24 hours. It has already shown movies via the online offering to 25,000 customers since its launch last year.


The new internet drive will help BSkyB compete with existing online services such as Lovefilm and with BT Vision, which has won the right to show its own sports content, but it is also having to bet that its existing customers will not downgrade to the cheaper online offering to save money.


CUSTOMER LOYALTY


The group’s performance in the first half of the year showed that, despite the pressures on consumer spending, customer loyalty had remained relatively solid, with subscribers spending on average 568 pounds a year, up 24 pounds on the year before.


“Net additions were slightly below our estimates reflecting the tough consumer environment,” analysts at Numis said. “(But) encouragingly, take up of new products continues to increase, driving customer satisfaction and loyalty.”


Those customers taking all three main services – TV, broadband and telephony – accounted for 33 percent of the user base, up 4 percentage points year on year.


The rise in customers helped the group to post first-half operating profit up 8 percent to 647 million pounds ($ 1 billion) against a forecast of 632 million pounds. Cost control helped the group pay an interim dividend up 20 percent to 11 pence.


“We believe the BSkyB investment case has evolved over the past year or so, with the challenging consumer environment making the addition of new households to the (pay-TV) service more difficult,” Numis said.


“The group has rightly prioritized the increased penetration of multiple products, notably HD and broadband, which drive average revenue per user and reduce churn over the medium/long term. We are supportive of investment in products such as Now TV which offer an attractive risk/return in our view.”


Shares in BSkyB were up 1 percent to 819 pence in mid-morning trade, following a 21 percent rise in the last 12 months, and valuing the group at 13.2 billion pounds.


(Reporting by Kate Holton; Editing by Rhys Jones and Mark Potter)


Internet News Headlines – Yahoo! News





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Appeals judges: Anti-paparazzi law appears legal


LOS ANGELES (AP) — An appeals panel says California's anti-paparazzi statute appears to be constitutional based on a brief filed by prosecutors.


A preliminary statement by three judges in Los Angeles requires a judge who dismissed charges aimed at a paparazzo who authorities say was driving recklessly to review his order. The judge may stick to his ruling, which would trigger a full appeal, or he could schedule further arguments on the case against freelance photographer Paul Raef.


Raef was the first person charged under the new law after a high-speed chase involving Justin Bieber last year.


Superior Court Judge Thomas Rubinson dismissed two charges in November, ruling the law is too broad and is unconstitutional.


Raef's attorney David S. Kestenbaum says he is asking Rubinson to stand by his ruling and allow a full appeal.


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Insurance Industry Report Faults High Fees for Out-of-Network Care


Michael Nagle for The New York Times


Angel Gonzalez, 36, faced huge bills after emergency gallbladder surgery, despite having good insurance coverage. “I was on the hook for more than I made in a year.”







Just over a year ago, Angel Gonzalez, 36, awoke with searing chest pain at 2 a.m. A friend drove him to the closest emergency room.




Though he was living on $18,000 a year as a graduate student, Mr. Gonzalez had good insurance and the hospital, St. Charles in Port Jefferson, N.Y., was in his network. But the surgeon who came in to remove Mr. Gonzalez’s gallbladder that Sunday night was not.


He billed Mr. Gonzalez $30,000, and an assistant billed an additional $30,000. Mr. Gonzalez’s policy covered out-of-network providers, but at a rate it considered appropriate: $2,000. “I was on the hook for more than I made in a year,” Mr. Gonzalez said.


A health insurance industry report to be released on Friday highlights the exorbitant fees charged by some doctors to out-of-network patients like Mr. Gonzalez. The report, by America’s Health Insurance Plans, or AHIP, contrasts some of the highest bills charged by non-network providers in 30 states with Medicare rates for the same services. Some of the charges, the insurers assert, are 30, 40 or nearly 100 times greater than Medicare rates.


Insurers hope to spotlight a vexing problem that they say the Affordable Care Act does little to address. “When you’re out of network, it’s a blank check,” said Karen Ignagni, president and chief executive of AHIP. “The consumer is vulnerable to ‘anything goes.’ ”


“Unless we deal with cost, we won’t have affordability,” she added. “And unless we have affordability, we won’t have people participating” under the Affordable Care Act.


Among the fees on the report’s list are a $6,205 outpatient office visit to a doctor in Massachusetts for which Medicare would have paid $152; a $12,000 bill for examining a tissue specimen in New York for which Medicare would have paid $128; and a $48,983 surgeon’s fee for a total hip replacement in New Jersey that Medicare would have reimbursed at $1,543. Many of the highest billers were in New York, Texas, Florida and New Jersey.


Elisabeth R. Benjamin, co-founder of the Health Care for All New York coalition, who is often at odds with the insurance industry, said that “is one area we totally agree on.” She continued, “Out-of-network billing is just out of control.”


Even when out-of-network fees are compared with average commercial insurance reimbursements, which are usually greater than Medicare, she said, “It’s pretty outrageous.”


Doctors say the report is skewed because it focuses on a few dozen cases of overcharging that are not representative of their billing. In response to the insurers’ report, the American Medical Association noted on Thursday that a recent analysis found that doctors’ services account for just 16 percent of health care costs.


“There are outliers in every profession, in every business,” said Dr. Andrew Y. Kleinman, a plastic surgeon who is vice president of the Medical Society of the State of New York.


Dr. Kleinman also noted that insurers had effectively shifted the costs of out-of-network care onto patients by changing reimbursement formulas. Instead of the rates commercial insurers usually pay doctors, insurers increasingly are basing their out-of-network payments on Medicare rates, usually far lower.


A growing number of high-end, flexible health plans offer policies that cover outside providers at, for example, 140 percent of Medicare. “They’re selling you an insurance product you can’t use,” Dr. Kleinman said. “You’re buying an insurance policy where the out-of-network benefit is worthless.”


The industry’s own report suggests that using Medicare rates as a benchmark will lead to patients’ picking up much more of the cost for out-of-network care, whether they carefully select a specialist or, as in the case of Mr. Gonzalez and many others, have no choice in the matter.


Had Mr. Gonzalez been 65 or older, Medicare would have paid only $958 for the surgery. The average commercial price is $12,292, according to FAIR Health, an independent nonprofit group that tracks information on health care costs.


But Mr. Gonzalez’s health plan, United Healthcare, determined the fee should be $1,273, of which the company paid $838. Mr. Gonzalez filed appeals, which were rejected. He then contacted Community Health Advocates at the Community Service Society of New York for help, and the group’s caseworkers negotiated with the surgeon on his behalf.


After months of wrangling, the surgeon agreed to accept a significantly reduced payment: $340.


Consumer advocates and health insurance executives are calling for greater transparency in health care pricing, including upfront disclosure of prices of medical procedures and services.


“The health care industry can give you an estimate, just like any other industry,” said Carrie H. Colla, an assistant professor at the Dartmouth Institute for Health Policy and Clinical Practice, noting that the Dartmouth-Hitchcock Medical Center has a patient price estimator online.  


“It’s just not current practice right now,” Dr. Colla said. “Sometimes a doctor won’t even know. The patient really has to push for it.”


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Hackers target Western news organizations in China









More than 30 journalists and executives at Western news organizations in China, including the New York Times and the Wall Street Journal, have had their computers hacked, according to the news organizations and a security firm that monitors such attacks.


Over the last four months, the hackers managed to infiltrate the Times' computers, the newspaper reported Thursday. It said hackers had penetrated its computers and obtained passwords for reporters and other employees.


The hackers have been blocked and security tightened to prevent another attack, which followed an investigation by the paper into finances of relatives of Wen Jiabao, China's premier.





Mandiant Corp., a security firm brought into the case by the Times, said it found that hackers using techniques associated with the Chinese military stole emails, contacts and files from 30 journalists and executives and maintained a short list of journalists whose accounts have been repeatedly attacked.


That finding, first reported in the New York Times, was part of a December report that was expected to be made public soon, a Mandiant spokeswoman said Thursday.


The Wall Street Journal said that it too had been targeted by Chinese hackers.


Paula Keve, spokeswoman for the Journal's parent company, Dow Jones & Co., said: "Evidence shows that infiltration efforts target the monitoring of the Journal's coverage of China, and are not an attempt to gain commercial advantage or to misappropriate customer information."


Bloomberg News was targeted as well — after it published an article June 29 about the wealth of relatives of Xi Jinping, the current general secretary of the Communist Party and the person expected to become president in March. No computer breach took place.


"Our security was not compromised," Ty Trippet, a spokesman for Bloomberg, said Thursday.


"Newspapers and journalists are high-value targets," said James Lewis, a senior fellow at the Center for Strategic and International studies. "They have really good sources, and they don't publish everything."


But they are just one target in many. Cyber-security experts say the United States has become increasingly vulnerable to foreign hackers who could target the nation's power grid, gas pipelines and other crucial infrastructure.


Those same hackers routinely and aggressively break into a wide range of corporate America's computers, including those of oil and financial companies.


Yet corporations have blocked legislation on Capitol Hill that would require higher standards to protect against breaches, saying it would be too costly and burdensome.


The full extent of how deeply hackers have penetrated into corporate America is not known. Companies are usually reluctant to talk publicly about attacks or to share information with the government.


"We know that every Fortune 500 company has had a problem, and probably every Fortune 1,000 company has had a problem too," Lewis said.


High-profile attacks like the ones that targeted Internet search giant Google Inc. three years ago may make it seem as if computer networks in the U.S. are under rising attack, but Lewis said networks are just under "sustained" attack.


"It's as bad as it can be. What's happening is that people are noticing it. That's a big change," Lewis said. "Four years ago nobody could spell cyber-security. Now everyone's waking up to the fact that the networks we depend on are totally insecure."


Cybersecurity experts said they are optimistic that the U.S. government is developing a cyber arsenal capable of repelling attacks.


Alan Paller, director of research at the SANS Institute, said the Defense Department has a growing ability to defend against sophisticated attacks — to protect crucial infrastructure and the Defense Department itself. It also has developed a "cyber offense," the ability to "project power" and to carry out sophisticated attacks itself, Paller said.


The hackers routed their attacks through computers at U.S. universities, according to the New York Times. Hackers installed malicious software that allowed them to enter the newspaper's computers. The software, known as malware, was "identified by computer security experts as a specific strain associated with computer attacks originating in China," the newspaper said.


Chinese officials denied they were responsible.


"Chinese laws prohibit any action including hacking that damages Internet security," China's Ministry of National Defense told the New York Times. It added: "To accuse the Chinese military of launching cyber attacks without solid proof is unprofessional and baseless."


Eileen M. Murphy, the Times' vice president for corporate communications, said Thursday the newspaper stood by the story.


michael.muskal@latimes.com


jessica.guynn@latimes.com





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Sen. Robert Menendez denies consorting with prostitutes









WASHINGTON -- Sen. Robert Menendez of New Jersey, a key player in the effort to overhaul immigration laws, denied allegations that he consorted with prostitutes during trips to the Dominican Republic with a longtime friend and campaign donor whose South Florida office was raided by the FBI.


FBI agents carted away records from the West Palm Beach office of Dr. Salomon Melgen, an ophthalmologist, on Tuesday night. A federal law enforcement official said Melgen was “one of their targets” in an investigation into healthcare fraud by the FBI and the U.S. attorney’s office in Miami.


The FBI declined to say Wednesday whether it was investigating Menendez, a Democrat who was reelected last year to his second Senate term.





Menendez is one of eight senators -- four Democrats and four Republicans -- who unveiled proposals Monday for sweeping changes to immigration laws, including a pathway to citizenship for millions of undocumented immigrants. He is on tap to chair the Senate Foreign Relations Committee.


In a statement issued by his office Wednesday, Menendez described Melgen as a “friend and political supporter … for many years,” and said he had traveled on Melgen’s plane on three occasions, “all of which have been paid for and reported appropriately.”


The statement added, “Any allegations of engaging with prostitutes are manufactured by a politically motivated right-wing blog and are false.”


The allegations were first published last fall by the Daily Caller, a conservative website, and were based on emails from a Yahoo account.


A watchdog group, Citizens for Responsibility and Ethics in Washington, obtained the emails last April. Melanie Sloan, executive director of the group, said her staff could not verify the information, and the sender of the emails, who called himself Peter Williams, never agreed to meet or talk on the phone.


In July, Sloan forwarded the emails to the FBI and the Justice Department.


“I’m still withholding judgment on what really happened,” Sloan said Wednesday.


A Miami-based FBI agent corresponded with Williams, according to emails published on a separate website. Reached on his cellphone Wednesday, the FBI agent declined to comment.


Melgen and his wife have contributed $427,000 to political candidates and campaigns since 1992, including $33,700 to benefit Menendez, according to the nonpartisan Center for Responsive Politics.


Melgen owns a $2.3-million home and a Canadair CL-600 Challenger corporate jet that has made frequent trips to the Dominican Republic, even as he has tangled with the Internal Revenue Service. Last May, the IRS filed an $11.1-million lien for back taxes, according to Florida court records.


joseph.tanfani@latimes.com 


richard.serrano@latimes.com


Maloy Moore in Los Angeles contributed to this report.





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