Sunday, March 31, 2013

Clean fuel regulations: EPA, oil industry vie over effect on gas prices

The Obama administration proposed on Friday new ? and more costly ? regulations of the refining industry to produce cleaner gasoline and clearer skies.

If the new rules are implemented as scheduled in 2017, the Environmental Protection Agency (EPA) says, they will spare thousands of people from premature death and prevent respiratory problems in tens of thousands of children. The cost: on average less than a penny gallon.

Not so, says the oil industry, which has been battling the EPA over the proposed rules. The new rules will add as much as nine cents a gallon to the cost of making fuel and will produce ?ambiguous? results, says The American Petroleum Institute. API, the industry?s lobbying arm in Washington, refers to the proposed new rules as part of a ?tsunami of regulations? the industry faces this year that could add as much as 65 cents to the cost of producing a gallon of fuel in the future.

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Gasoline prices are politically sensitive. Consumers often know how much they have paid for a gallon of gasoline compared with their prior fill-up. When pump prices are rising, consumers grumble and, if prices get high enough, cut back on other discretionary purchases. As a result, economists refer to rising fuel prices as a tax on the economy.

But will Americans pay more for fuel and smile about if they believe it will result in cleaner air?

?Some will, but the majority won?t,? answers Tom Kloza, chief oil analyst at GasBuddy.com. ?There is a sense among a lot of people that we are entitled to cheaper fuel prices than the rest of the world.?

The proposed changes would make US standards the same as most of Europe, Japan, and South Korea, Mr. Kloza says. ?We would be joining 45 other countries with tougher fuel standards,? he says.

Republicans quickly attacked the proposed regulation. ?The Obama Administration is modeling our regulations after California, which has the worst economy in the nation, and today?s announcement is essentially a guaranteed energy tax hike and unfortunately is just one of many radical policies coming out of this Administration that will deal a heavy blow to middle-class families and small businesses,? said Rep. Steve Scalise of Louisiana, chairman of the Republican Study Committee, in a statement.

In January, Greenberg Quinlan Rosner Research, often associated with Democratic issues, conducted what it termed a ?bipartisan survey? of 800 registered voters for the American Lung Association on whether Americans favored tougher fuel regulations and improved antipollution laws. It found 62 percent of voters supported new gasoline and vehicle standards, and 32 percent opposed them.

If the new rules are implemented as proposed, the EPA says, the new standards would cut smog-producing chemicals by 80 percent, cut down on particulate matter by 70 percent, and reduce vapor emissions to near zero.

In the case of sulfur, one culprit in producing smog, the new standard would cut the emission to 10 parts per million in 2017 compared with the current standard of 30 parts per million. Only eight years ago the standard was 300 parts per million.

Implementing the new standards will, by 2030, avoid 2,400 premature deaths per year, 23,000 cases of respiratory ailments in children, 3,200 hospital admissions, and 1.8 million lost school days, work days, and days when activities would be restricted due to air pollution, the EPA estimates. Total health-related benefits in 2030 would be between $8 billion and $23 billion annually, according to the agency.

One proponent of the new standard is the auto industry, which is under pressure to boost fuel mileage to meet tougher government regulations on greenhouse gas emissions and fuel economy. In a background press release on Friday, the Alliance of Automobile Manufacturers, a lobbying group, called the EPA announcement ?a big step forward.?

According to the alliance, cleaner fuel immediately reduces emissions from vehicles of any age. Sulfur damages catalytic converters over time, so the new regulation would be especially helpful in older vehicles.

?And, cleaner fuel allows for new energy-efficient technologies like lean-burn engines that are going to be necessary to comply with the challenging 2017-2025 greenhouse gas and fuel economy standards,? said the alliance in its release.

The auto industry would also like to see the EPA?s proposed new standards implemented because they would then be closer to those used in California. This would allow the auto companies to sell the same cars in all 50 states, says the EPA.

In fact, the EPA in its release mainly talked about the benefit to the auto industry, which the US government rescued during the height of the Great Recession.

?The Obama Administration has taken a series of steps to reinvigorate the auto industry and ensure that the cars of tomorrow are cleaner, more efficient and saving drivers money at the pump and these common-sense cleaner fuels and cars standards are another example of how we can protect the environment and public health in an affordable and practical way,? said EPA Acting Administrator Bob Perciasepe, in a statement.

The proposed rules come at a time when refinery profit margins are relatively high, says GasBuddy.com's Kloza.

?Let?s just say the environment for refining is prosperous,? he says, noting that the cost of natural gas used to make gasoline is low, and that the price of oil produced in the US is lower than oil produced in other parts of the world. This gives the refineries a cost advantage.

However, he says, the industry can see a turnaround in a hurry. ?We know refining can go from a renaissance to the dark ages in a heartbeat,? he says.

The API says it is sees nothing but rising costs ahead because of proposed federal regulations. If the EPA adds an additional mandate to lower vapor pressure, that will cost an extra 25 cents a gallon to make gasoline, the API calculates. Moreover, the API says, gasoline costs during manufacturing will rise another 30 percent if federal mandates to use more ethanol by 2015 are not relaxed. The API also worries that the EPA will propose new ozone reduction standards at the end of the year.

?That?s why we call it a tsunami of regulations,? says Carlton Carroll, a spokesman for the API in Washington.

The EPA will take public comments on the new regulations before finalizing them, possibly by year's end.

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Source: http://news.yahoo.com/clean-fuel-regulations-epa-oil-industry-vie-over-191558657.html

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Start playing your PC games on a tablet with the Razer Edge

Razer has been known for years for their gaming peripherals. However, at CES 2013, Razer debuted something completely different: the Razer Edge gaming system. Designed specifically for PC gamers, the Razer Edge is a tablet that is capable of playing the latest PC games. It runs Windows 8, which means you get a fully-functioning 10-inch [...]

Source: http://the-gadgeteer.com/2013/03/30/start-playing-your-pc-games-on-a-tablet-with-the-razer-edge/

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?The Korean Zombie,? Boston and Tito Ortiz: Where did they fall on the Cagewriter Hot or Not list?

It's been a slow week for MMA, but it's likely to pick up as we start an eventful April. In this last week of March, who was hot or who was not?

Hot ? Boston: According to a tweet from UFC president Dana White, the promotion is headed back to Boston, his hometown. Fox's new channel, Fox Sports 1, will get its first UFC event with this card, scheduled for Aug. 17.

Not ? Commissions: First, Nick Diaz's camp said his weigh-in at UFC 158 was mishandled by the commission in Quebec. Then, Andrei Arlovski's camp said there was a timing error at the World Series of Fighting 2 card that caused Arlovski to take extra damage. Commissions' doing things right is necessary for the sport to grow, so mistakes like these are worrisome.

Hot ? Chan Sung Jung, aka "The Korean Zombie:" He stood up to the UFC welterweight champion Georges St-Pierre with a respectful dignity. Jung informed GSP, and much of the MMA world, about the symbolism behind the Rising Sun that the welterweight champion wore on his gi for UFC 158. GSP and Hayabusa, the company behind the gi quickly apologized. Jung handled the situation with quiet courage, and used it as a teachable moment. It was an impressive moment for both TKZ and GSP.

Not ? Tito Ortiz: The retired UFC legend is now working as the manager for Cristiane "Cyborg" Santos, and he has a plan. Santos is fighting on next weekend's Invicta card, and he wants her to fight her next few fights in Invicta. Then on New Year's Eve, Ortiz wants Santos, who won't move down to bantamweight, to fight UFC women's bantamweight champion Ronda Rousey in the UFC.

"Cris has shown in Strikeforce, why she's so dominant, why women are afraid of her. She has three fights with Invicta, she will be the world champion and she will walk away a world champion. Like I said, New Year's Eve, let's make a super fight. Forget the title. Champion vs. champion, who cares about the title?"

That's a nice plan if you forget that Rousey has said she doesn't want to move up in weight, or that most of her 2013 is set. She will coach against the winner of Cat Zingano and Miesha Tate in the next edition of "The Ultimate Fighter."

Hot ? Fans: You're getting another Fan Expo. The UFC will host a Fan Expo in conjunction with UFC 162 in Las Vegas. Get your tickets here.

Memorable Moments from Yahoo! Sports:

Other popular content on Yahoo! Sports:
? Gun arrest shouldn't affect Guerrero in fight with Floyd Mayweather
? Kareem Abdul-Jabbar lobbies for the vacant UCLA coaching job
? QB Mark Sanchez learning West Coast offense under former pro
? Giants' Buster Posey gets record deal for a catcher

Source: http://sports.yahoo.com/blogs/mma-cagewriter/korean-zombie-boston-tito-ortiz-where-did-fall-183338427--mma.html

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See Clearly Again With the Help of an Eye Doctor Columbus

Is your child complaining of headaches, bringing home lower grades than usual or complaining that he can?t see clearly? If so, you may need to make a trip to the eye doctor to see if something can be done to help. An eye doctor columbus will be able to evaluate your child?s sight with some simple testing and prescribe the proper therapy to help your child see clearly again. Sometimes, all that is needed are a pair of glasses to help correct the vision and before you know it, his grades will improve and the headaches will go away.

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They?re gonna clean up your looks with all the lies in the books (Unqualified Offerings)

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Saturday, March 30, 2013

Risk and reward at the dawn of civilian drone age

WASHINGTON (AP) ? The dawn of the age of aerial civilian drones is rich with possibilities for people far from the war zones where they made their devastating mark as a weapon of choice against terrorists.

The unmanned, generally small aircraft can steer water and pesticides to crops with precision, saving farmers money while reducing environmental risk. They can inspect distant bridges, pipelines and power lines and find hurricane victims stranded on rooftops.

Drones ? some as tiny as a hummingbird ? promise everyday benefits as broad as the sky is wide. But the drone industry and those eager to tap its potential are running headlong into fears the peeping-eye, go-anywhere technology will be misused.

Since January, drone-related legislation has been introduced in more than 30 states, largely in response to privacy concerns. Many of the bills would prevent police from using drones for broad public surveillance or to watch individuals without sufficient grounds to believe they were involved in crimes.

Stephen Ingley, executive director of the Airborne Law Enforcement Association, says resistance to the technology is frustrating. Drones "clearly have so much potential for saving lives, and it's a darn shame we're having to go through this right now," he said.

But privacy advocates say now is the time to debate the proper use of civilian drones and set rules, before they become ubiquitous. Sentiment for curbing domestic drone use has brought the left and right together perhaps more than any other recent issue.

"The thought of government drones buzzing overhead and constantly monitoring the activities of law-abiding citizens runs contrary to the notion of what it means to live in a free society," Sen. Charles Grassley, R-Iowa, said at a recent hearing of the Senate Judiciary Committee.

With military budgets shrinking, drone makers have been counting on the civilian market to spur the industry's growth. Some companies that make drones or supply support equipment and services say the uncertainty has caused them to put U.S. expansion plans on hold, and they are looking overseas for new markets.

"Our lack of success in educating the public about unmanned aircraft is coming back to bite us," said Robert Fitzgerald, CEO of the BOSH Group of Newport News, Va., which provides support services to drone users.

"The U.S. has been at the lead of this technology a long time," he said. "If our government holds back this technology, there's the freedom to move elsewhere ... and all of a sudden these things will be flying everywhere else and competing with us."

Law enforcement is expected to be one of the bigger initial markets for civilian drones. Last month, the FBI used drones to maintain continuous surveillance of a bunker in Alabama where a 5-year-old boy was being held hostage.

In Virginia, the state General Assembly passed a bill that would place a two-year moratorium on the use of drones by state and local law enforcement. The measure is supported by groups as varied as the American Civil Liberties Union on the left and the Virginia Tea Party Patriots Federation on the right.

Gov. Bob McDonnell is proposing amendments that would retain the broad ban on spy drones but allow specific exemptions when lives are in danger, such as for search-and rescue operations. The legislature reconvenes on April 3 to consider the matter.

Seattle abandoned its drone program after community protests in February. The city's police department had purchased two drones through a federal grant without consulting the city council.

In Congress, Rep. Ed Markey, D-Mass., co-chairman of the House's privacy caucus, has introduced a bill that prohibits the Federal Aviation Administration from issuing drone licenses unless the applicant provides a statement explaining who will operate the drone, where it will be flown, what kind of data will be collected, how the data will be used, whether the information will be sold to third parties and the period for which the information will be retained.

Privacy advocates acknowledge the many benign uses of drones. In Mesa County, Colo., for example, an annual landfill survey using manned aircraft cost about $10,000. The county recently performed the same survey using a drone for about $200.

Drones can help police departments find missing people, reconstruct traffic accidents and act as lookouts for SWAT teams. Real estate agents can have them film videos of properties and surrounding neighborhoods, offering clients a better-than-bird's-eye view though one that neighbors may not wish to have shared.

"Any legislation that restricts the use of this kind of capability to serve the public is putting the public at risk," said Steve Gitlin, vice president of AeroVironment, a leading maker of smaller drones.

Yet the virtues of drones can also make them dangerous, privacy advocates say. The low cost and ease of use may encourage police and others to conduct the kind of continuous or intrusive surveillance that might otherwise be impractical.

Drones can be equipped with high-powered cameras and listening devices, and infrared cameras that can see people in the dark.

"High-rise buildings, security fences or even the walls of a building are not barriers to increasingly common drone technology," Amie Stepanovich, director of the Electronic Privacy Information Council's surveillance project, told the Senate panel.

Civilian drone use is limited to government agencies and public universities that have received a few hundred permits from the FAA. A law passed by Congress last year requires the FAA to open U.S. skies to widespread drone flights by 2015, but the agency is behind schedule and it's doubtful it will meet that deadline. Lawmakers and industry officials have complained for years about the FAA's slow progress.

The FAA estimates that within five years of gaining broader access about 7,500 civilian drones will be in use.

Although the Supreme Court has not dealt directly with drones, it has OK'd aerial surveillance without warrants in drug cases in which officers in a plane or helicopter spotted marijuana plants growing on a suspect's property.

But in a case involving the use of ground-based equipment, the court said police generally need a warrant before using a thermal imaging device to detect hot spots in a home that might indicate that marijuana plants are being grown there.

In some states economic concerns have trumped public unease. In Oklahoma, an anti-drone bill was shelved at the request of Republican Gov. Mary Fallin, who was concerned it might hinder growth of the state's drone industry. The North Dakota state Senate killed a drone bill in part because it might impede the state's chances of being selected by the Federal Aviation Administration as one of six national drone test sites, which could generate local jobs.

A bill that would have limited the ability of state and local governments to use drones died in the Washington legislature. The measure was opposed by the Boeing Co., which employs more than 80,000 workers in the state and which has a subsidiary, Insitu, that's a leading military drone manufacturer.

Sen. Rand Paul, R-Ky., recently drew attention to the domestic use of drones when he staged a Senate filibuster, demanding to know whether the president has authority to use weaponized drones to kill Americans on American soil. The White House said no, if the person isn't engaged in combat. Industry officials worry that the episode could temporarily set back civilian drone use.

"The opposition has become very loud," said Gitlin of AeroVironment, "but we are confident that over time the benefits of these solutions are going to far outweigh the concerns, and they'll become part of normal life in the future."

___

Associated Press writer Michael Felberbaum in Richmond, Va., contributed to this report.

___

Follow Joan Lowy on Twitter: http://www.twitter.com/AP_Joan_Lowy

Source: http://news.yahoo.com/risk-reward-dawn-civilian-drone-age-182915844--finance.html

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Prosecutors not ready to accept Holmes plea

DENVER (AP) ? Prosecutors in the Colorado theater shooting on Thursday rejected an offer from suspect James Holmes to plead guilty in exchange for avoiding the death penalty and accused defense lawyers of a serious breach of court rules by making the offer public.

In a scathing court document, prosecutors said the defense has repeatedly refused to give them the information they need to evaluate the plea offer, so the offer can't be considered genuine.

No plea agreement exists, prosecutors said, and one "is extremely unlikely based on the present information available to the prosecution."

They also said anyone reading news stories about the offer would inevitably conclude "the defendant knows that he is guilty, the defense attorneys know that he is guilty, and that both of them know that he was not criminally insane."

Neither the defense nor the prosecution immediately returned phone calls Thursday.

Holmes is charged with multiple counts of murder and attempted murder in the July 20 shootings in a packed theater in the Denver suburb of Aurora. Twelve people were killed and 70 were injured.

Holmes' attorneys disclosed in a court filing Wednesday that their client has offered to plead guilty, but only if he wouldn't be executed.

Prosecutors criticized defense attorneys for publicizing the offer, calling it a ploy meant to draw the public and the judge into what should be private plea negotiations.

Prosecutors did not say what information the defense refused to give them, but the two sides have argued in court previously about access to information about Holmes' mental health.

Karen Steinhauser, a former prosecutor who is now a law professor at the University of Denver, said prosecutors clearly do not want to agree to a plea deal without knowing whether Holmes' attorneys could mount a strong mental health defense.

"One of the issues the prosecution needs to look at is, is there a likelihood that doctors, and then a jury, could find that James Holmes was insane at the time of the crime?" she said.

Prosecutors also criticized comments to The Associated Press by Doug Wilson, who heads the state public defenders' office.

Wilson told the AP Wednesday that prosecutors had not responded to the offer and said he didn't know whether prosecutors had relayed the offer to any victims as required by state law.

Prosecutors said that violated the gag order.

They also said they have repeatedly contacted "every known victim and family member of a victim ? numbering over one thousand" about possible resolutions of the case, including the death penalty and life in prison without parole.

George Brauchler, the Arapahoe County district attorney, is scheduled to announce Monday whether he will seek the death penalty for Holmes. Brauchler hasn't publicly revealed his plans. He has refused repeatedly to comment on the case, citing the gag order.

Pierce O'Farrill, who was shot three times, said he would welcome an agreement that would imprison Holmes for life. The years of court struggles ahead would likely be an emotional ordeal for victims, he said.

"I don't see his death bringing me peace," O'Farrill said. "To me, my prayer for him was that he would spend the rest of his life in prison and hopefully, in all those years he has left, he could find God and ask for forgiveness himself."

A plea bargain would bring finality to the case fairly early so victims and their families can avoid the prolonged trauma of not knowing what will happen, said Dan Recht, a past president of the Colorado Criminal Defense Bar.

"The defense, by making this public pleading, is reaching out to the victims' families," he said.

___

Associated Press writer Nicholas Riccardi contributed to this report.

Source: http://news.yahoo.com/prosecutors-not-ready-agree-holmes-plea-230908116.html

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Do adults text and drive more than teens?

A new survey claims adults text more while driving than teens. (Yahoo!)As adults continue to mirror the social media habits of the nation?s youth, it appears some of the bad behaviors are being adopted as well. In fact, the grown-ups have apparently become the greater offenders when it comes to one particularly dangerous behavior: Texting while driving.

That's according to a new study conducted by AT&T, reported in USA Today, that shows adults text more while driving than their teenage counterparts.

The study finds that nearly half of all adults admit to texting while driving, with 98 percent of them saying they know the practice is dangerous. Conversely, 43 percent of teenagers admit to texting while behind the wheel.

"I was a little bit surprised," Charlene Lake, AT&T's senior vice president of public affairs, told USA Today.

But why do adults text while driving if they know it's unwise? The answers are complicated, but according to some adults who told Yahoo News about their own distracted driving, they feel shame, guilt and stubbornness when texting.

AT&T surveyed 1,011 adult drivers for its It Can Wait campaign, which seeks to educate drivers about the risks of distracted driving. The company has launched a free app that sends an automated and customizable reply text message to incoming texts when the vehicle is moving at 25 mph or more.

A similar study by the Centers for Disease Control and Prevention found that 31 percent of all drivers in the U.S. text while driving, despite the practice being illegal in 39 states and the District of Columbia. In that same CDC study, 69 percent of all drivers admitted to using their cellphone while driving.

So, how bad is texting compared with other driving distractions? Virginia Tech Transportation Institute researchers say that sending or receiving a text breaks a driver?s concentration for an average of 4.6 seconds. And as USA Today notes, at 55 mph that?s enough distance to cover the length of a football field.

Source: http://news.yahoo.com/blogs/sideshow/adults-text-more-while-driving-teens-205717149.html

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Ouya consoles now shipping to Kickstarter backers

Ouya

Folks who funded the Ouya Kickstarter project need to start checking their mailboxes, as units have started shipping

As we mentioned just a month ago, Ouya is shipping out consoles to Kickstarter backers as of today (March 28). Folks who pledged $95 or more to help fund the project will receive the units on a rolling schedule, and everyone should have their Ouya in hand in the next few weeks. You'll be notified via email when your unit ships.

Ouya founder Julie Uhrman wants to remind everyone of a few things while you're waiting. There will be a system update out of the box, so be prepared for that. Users will also need a valid credit or debit card to download games, but they will remain free to try. Finally, while the units come with one controller, support for up to four is included and you can purchase more at their website.

The Ouya project is poised to take Android gaming to another level, with the right price and decent specs. Of course, having a fully functional Android device hooked up to your television can be a lot of fun as well. We're expecting big things as units ship out, and by the time the devices launch in early June we're sure there will be an expert or two in the Ouya forums.

More: Ouya



Source: http://feedproxy.google.com/~r/androidcentral/~3/xwBcAdghBCA/story01.htm

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Associate Director of Field Education - From National Association of ...

The University of Wisconsin?Madison School of Social Work invites applications for the position of Associate Director of Field Education beginning June 1, 2013. This is a 12-month, full-time academic staff position. Qualified applicants will have a Masters in Social Work (MSW), and a minimum of 6 years post-MSW social work experience, including experience with social work field education (field administration, field teaching and/or substantial supervision of students in field placements). Evidence of leadership, supervision, management, teaching, and strong written and verbal skills are required, as well as knowledge of best practices in social work field education research. The successful applicant will have exceptional problem-solving skills and the ability to manage multiple demands and responsibilities.?

Please see the complete position listing at http://go.wisc.edu/27rfh1

Please send the following documents electronically to facultysearchcommittee@socwork.wisc.edu:

1)????? A cover letter describing your qualifications

2)????? A current curriculum vitae

3)????? Three letters of reference

4)????? Teaching materials (if available; include evaluations and syllabi)

5)????? Other information demonstrating experience in, knowledge of, and commitment to social work field education

Questions can be directed to Tracy Schroepfer (tschroepfer@wisc.edu). Documents that cannot be sent electronically may be mailed to:

Tracy Schroepfer, Search Committee Chair

School of Social Work

University of Wisconsin?Madison

1350 University Avenue

Madison, WI 53706

?

To ensure full consideration, applications must be received by April 26, 2013.

Please visit our website at http://socwork.wisc.edu/ for further information about the School of Social Work and UW-Madison.?

The University of Wisconsin-Madison is an equal opportunity/affirmative action employer.? We promote excellence through diversity and encourage all qualified individuals to apply.? Unless confidentiality is requested in writing, information regarding the names of applicants must be released upon request.? Finalists cannot be guaranteed confidentiality.? A criminal background check will be conducted prior to hiring.

Source: http://joblink.socialworkers.org/jobs/5290065/associate-director-of-field-education

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Gorilla raised by humans: Baby gorilla thriving in Ohio

A two-month old baby gorilla, born to a first-time mother with little maternal instinct, is being raised by humans at the Cincinnati Zoo ? for now.

By Associated Press / March 28, 2013

Ron Evans, team leader with the Cincinnati Zoo & Botanical Garden Primate Team, is one of 10 surrogate mothers to 2-month-old "Gladys", a Western Lowland Gorilla, March 27, in Cincinnati.

Glenn Hartong / The Cincinnati Enquirer / AP

Enlarge

A baby?gorilla?being raised temporarily by human surrogate parents is doing well ? learning to roll over, sit up and getting ready to walk on all fours.

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Cincinnati Zoo & Botanical Garden primate specialists say "Gladys" is in good health, developing and growing quickly with loving care from 10 humans imitating a?gorilla?mom's behavior. This week she began supporting herself on all fours.

"The next step, she'll be able to walk around by herself," said Ron Evans, primate team leader.

Gladys also is teething and has begun eating some cooked foods, such as sweet potatoes and carrots, besides being bottle-fed five times a day.

"She's at the age now where she really starts growing by leaps and bounds," Evans said.

She came to Cincinnati last month from Gladys Porter Zoo in Brownsville, Texas, after she was born there Jan. 29 to a first-time mother who showed little maternal instinct. It was decided to move her to Cincinnati's zoo because of its extensive experience in raising?gorilla?babies and its availability of experienced?gorilla mothers.

Human surrogates dress in black, wear furry vests and kneepads and make?gorilla?sounds to help prepare Gladys for the transition to a real?gorilla?family. They have been showing her to other?gorillas?and letting them touch her.

The Cincinnati Enquirer (http://cin.ci/WYwKZK?) reports that zoo specialists think she will be ready within a few months, and there are four potential adoptive moms among their?gorillas.

"The?gorillas?have to decide who this baby's mom is going to be," Evans said.

"That will be the day that all this hard work pays off," said primate keeper Ashley O'Connell, crawling around with the 9-pound?gorilla?riding on her back.

O'Connell just had her own first child five months ago.

"I feel like I'm the mother of two right now," she said. "If I have to be away from my own child, this is where I want to be."

Information from: The Cincinnati Enquirer,?http://www.enquirer.com

Source: http://rss.csmonitor.com/~r/feeds/science/~3/mXrsuga4nYU/Gorilla-raised-by-humans-Baby-gorilla-thriving-in-Ohio

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Friday, March 29, 2013

New Study Finds High Levels of Flame Retardants in Airplanes ...

Spending about one hundred hours each month in the air, flight attendants are bombarded with pesticides, radiation, ozone, and any illnesses passengers carry on board. Now, new research shows that they also fly along with some of the highest levels ever measured for some flame retardants.

All nineteen commercial airliners in a new study had several flame retardants in their dust. And one chemical was measured at concentrations more than one hundred times higher in the airplane dust than in dust collected from homes and offices.

Heather Stapleton, an environmental chemist at Duke University and co-author of the new study, said they were "some of the highest measurements I've ever seen,? which ?suggests that exposure levels could be higher than one normally experiences in a car or the home environment.?

Whether flight attendants, pilots, and cleaning crews face any health risks from the chemicals is unknown. But researchers worry that long hours breathing recycled cabin air could have some effects, particularly in pregnant women.

"The additional exposure to the common passenger, occurring during travels, will be minimal. A question of concern is rather personnel in airplanes,? said ?ke Bergman, an environmental chemist at Stockholm University who has studied flame retardants on airliners.

Despite the sky-high levels of flame retardants in cabin air, a small study of flight attendants and pilots suggests they don't seem to have higher levels in their bodies than the general public. However, scientists say the most prevalent flame retardant on airplanes is difficult to measure in people's bodies.

Airplanes are full of combustible materials, and a mid-flight fire could be catastrophic, so the Federal Aviation Administration requires airplanes to pass strict fire-safety tests. Items on planes likely to contain brominated flame retardants include seats, carpets, walls, overhead bins, and pillows, according to the new study's x-ray fluorescence tests. Carpets contained the highest levels of bromine in the study.

Under fire in recent years, flame retardants have been building up in human bodies, including breast milk, around the world, and there is mounting evidence linking them to potential health effects, including reduced IQs, attention problems, and other neurological effects in children exposed in the womb or during infancy.

Chemical companies say that flame retardants are safe and that they are necessary to protect people from fires on airplanes. An August, 2005 crash of a passenger jet in Toronto, in which all 309 people aboard survived, is a prime example of how flame retardants can help keep people safe, said Bryan Goodman, spokesperson for the American Chemistry Council, an industry group.

"This new study, which does not report on any adverse health effects from the chemistries detected, should not make us lose sight of the fact that flame retardants can provide an important layer of protection to travelers, and, like all chemicals, they are subject to review by governmental bodies in the U.S. and around the world,? Goodman said.

Victoria Day, a spokesperson for Airlines for America, an industry group, said flame retardants "are essential" for safety and to comply with "strict FAA safety regulations."

"To maintain high air quality in aircraft cabins, today's jets have highly effective filters that are designed to remove virtually all particles, including dust, from the cabin air," Day said.

But some research suggests that flame retardants may not actually slow the spread of fires and may increase emissions of carbon monoxide and hydrogen cyanide, two poisonous gases. "Fire is a significant concern when you're 10,000 feet in the air, but I think it boils down to the question of how effective are these chemicals at retarding fire?" Stapleton said. "The data I've seen recently for use in furniture has not convinced me that they would actually provide significant escape time."

Airliners manufactured by Boeing, Airbus, Canadair Regional, McDonnell Douglas, and Embraer were analyzed for flame retardants in the study by scientists from Harvard University, Duke, and two other institutions. Dust was vacuumed from the carpet and air return grilles on the wall near the floor of airplanes manufactured between 1986 and 2008.

Concentrations of DecaBDE, a brominated flame retardant known as Deca that is used mostly for electronics, wire and cable insulation, and textiles, were "orders of magnitude higher than what is typically found in U.S. homes and offices," the researchers wrote. For example, the average level in airplane dust was 495,000 parts per billion, while in home dust it was 4,500 and in office dust, 4,200.

Deca is being phased out by the end of this year in the United States. Little is known about what, if any, health risk it poses to humans. However, animal studies have linked Deca to damage to the liver, thyroid, reproductive system, and developing brain. Based on animal studies, it is classified as a possible human carcinogen by the US Environmental Protection Agency.

After a cross-country flight, the hands of nine flight attendants and one passenger contained high levels of Deca compared to the general public.

A newer flame retardant, HBCD, also was found in airplanes at higher levels than in US homes. Others were found at similar concentrations as homes.

One veteran flight attendant said that she and her colleagues are concerned that they are exposed to many contaminants and other health threats on airplanes. ?Of course I'm concerned. I just don?t know what to do other than to quit,? said the flight attendant, who has worked for a major airline for several decades. She asked that her name be withheld. "We get exposed to a lot of stuff...You're sitting in recycled air." On long flights, "by the end of the day that air is really used up."

Research in airplanes is relatively new. The first study to show that concentrations of brominated flame retardants (PBDEs) in dust from airplanes are higher than in homes was published in 2008. More recent studies have supported that finding, showing that PBDEs in cabin air during a flight are higher than in US and UK homes and similar to levels found in industrial environments.

Despite the high levels on aircraft, the amount of Deca and other PBDEs in the bodies of airline workers is about the same as the general public. A 2010 study did not find higher average levels of PBDEs in the blood of 30 Dallas-based flight attendants and pilots compared to the U.S. general public, though some individuals did have high levels.

"We found no evidence whatsoever of actual intake into the body above background level," said Arnold Schecter, an environmental epidemiologist at the University of Texas Health Sciences Center in Houston. He said there could be some instances of elevated levels "in pilots, flight attendants, other workers inside of airplanes or even people flying in airplanes,however, it seems to us based on our research to be extremely remote."

But the scientists who conducted the new study aren?t convinced so they are now following up their aircraft study with tests of flight attendants. Results are expected later this year.

?Several flight attendants in [Schecter?s] study did have elevated serum concentrations?The weight of evidence certainly suggests that we need to continue to examine this,? said Joseph Allen, a Harvard School of Public Health research associate and lead author of the study.

Complicating matters, Deca, the most prevalent flame retardant on airplanes, is very difficult to detect in the body, Stapleton said. The amount that gets into the bloodstream is small, so the chemical can escape detection. Also, Deca is bulky so dust coated with it might not pass through the lungs to the bloodstream. If it does pass into blood, it doesn't stay there long, so unless a person is tested soon after a flight, researchers might miss spikes in concentrations.

Although no one knows if flame retardants or other chemicals play a role, flight attendants are more likely to have cancer and miscarriages than the general public.

Female flight attendants have a 29 percent higher risk of all cancers, including more than an 11-times greater risk of melanoma and a 35 percent higher risk of breast cancer than the general public. The longer a flight attendant has been working, the greater the risk of cancer, research suggests.

They also have a 62 percent higher risk of miscarriage and stillbirth than the general public, according to 2010 study, which says these risks "have been poorly studied in a limited number of investigations." The Association of Professional Flight Attendants says that their flight attendants are allowed to fly during the first 28 weeks of pregnancy.

The triggers of these health problems are still under investigation, and researchers are studying a number of possible culprits, such as radiation.

This report was originally published by EnvironmentalHealthNews.org

Source: http://www.eastbayexpress.com/SevenDays/archives/2013/03/28/new-study-finds-high-levels-of-flame-retardants-in-airplanes

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A Brilliant Toilet Paper Dispenser To Leave Crapping Campers Clean and Hassle-Free

Camping purists may prefer to eschew traditional toilet paper in favor of nature's very own brand of sticks and leaves, but to the untrained eye, becoming one with Mother Earth might might leave a lasting, painful reminder on those tender, poison-ivy-scrubbed nether regions. So for those of us who aren't quite ready to give up all the comforts of home, students at the Alberta College of Art and Design have put together this clever, waterproof toilet paper dispenser to make outdoor defecating a delight. More »


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/LFHdiE4kzNU/a-brilliant-toilet-paper-dispenser-to-leave-crapping-campers-clean-and-hassle+free

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Richard III Burial Challenged on Human Rights Grounds

The debate over the reburial of English King Richard III is heating up, with a group of the monarch's supposed descendents challenging the University of Leicester on the plans for reinterment, basing their argument on human rights violations.

University of Leicester archaeologists discovered the bones of the lost monarch under a parking lot in Leicester last year, and they confirmed the king's identity in February. The U.K. Ministry of Justice issued the university an exhumation certificate before the project began, giving them the right to decide where the king's remains would be reburied, if found. That certificate hasn't stopped the eruption of debate over the best spot for the burial.

From the beginning of the long search for Richard's grave, the Univeresity of Leicester officials have stated that the king would be reburied in Leicester Cathedral, not far from his unmarked parking lot grave. But a number of Richard III enthusiasts say they'd rather see the king buried in York, a city where he spent about a third of his life.

Now, the Plantagenet Alliance, a group of about 15 people who claim to be relatives of the dead king, has released its intentions to file a legal challenge against the University of Leicester's exhumation certificate. The challenge will argue that the Ministry of Justice is in violation of article 8 of the European Convention of Human Rights, which affirms the right to respect for family and home life. [Gallery: The Discovery of Richard III]

According to the Alliance, the Ministry of Justice should have consulted the 15 relatives of Richard III before issuing the university a license to rebury the king as they wished. In a statement, the University of Leicester called this argument "particularly odd."

"There is no obligation to consult living relatives where remains are older than 100 years," the University of Leicester said.

In addition, Richard died without offspring. Any relatives are thus the descendents of his siblings, a relatively distant tie.

"Statistically speaking, many tens of thousands of individuals alive today are descended this way," the university officials said.??

Although he died in 1485, Richard III has many fans today. There are several societies for "Richardians," as enthusiasts are known. Most Richardians are history buffs drawn by the mystery surrounding the king ? was he really a villain as portrayed in Shakepeare's "Richard III?" Did he have his nephews murdered to ascend to the throne, as rumored after his reign? Or was the king, the last of the Plantagenet dynasty, simply smeared by the Tudor dynasty that came after him?

University archaeologists argue that plans for a Leicester reburial have been transparent and in place since before the dig started.

"Reinterment on the nearest consecrated ground is in keeping with good archaeological practice," university officials stated. "Richard has lain in the shadow of St. Martin's Cathedral, Leicester, for over 500 years."

Follow Stephanie Pappas on Twitter?and Google+. Follow us @livescience, Facebook?& Google+. Original article on LiveScience.com.

Copyright 2013 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Source: http://news.yahoo.com/richard-iii-burial-challenged-human-rights-grounds-181350663.html

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Studies Focus on Gut Bacteria?s Role in Weight

[unable to retrieve full-text content]Two studies have found that the bacterial makeup of the intestines may help determine whether people gain or lose weight.

Source: http://www.nytimes.com/2013/03/28/health/studies-focus-on-gut-bacteria-in-weight-loss.html?partner=rss&emc=rss

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Asia stocks weighed down by Europe debt woes

(AP) ? Renewed jitters about the debt crisis in Europe sent Asian stock markets lower Thursday.

Banks in Cyprus are due to open later Thursday for limited banking only after being shut for nearly two weeks as an emergency loan was being pieced together to prevent the nation's financial sector from collapsing.

The agreement reached late Monday with international lenders gives Cyprus a 10 billion euro ($12.9 billion) bailout but forces losses on depositors with more than 100,000 euros in the country's two largest banks.

Evan Lucas of IG Markets in Melbourne said the deal has sparked fears it may be repeated in other European nations that faced similar circumstances. In an email commentary, he said investors saw the deal "as a monster in the shadows for banks in Portugal, Spain and Italy" since it requires depositors ? not the public or its tax contributions ? to take the pain.

Japan's Nikkei 225 index tumbled 1.6 percent to 12,300.42. Hong Kong's Hang Seng lost 1.1 percent to 22,214.61. South Korea's Kospi slipped 0.2 percent at 1,990.04. Australia's S&P/ASX 200 lost 0.2 percent to 4,984.30.

Investors are waiting to see the reaction later Thursday, when Cypriot banks open their doors. Authorities have been putting measures in place to prevent a rush of euros out of the country's banks. Cash withdrawals will be limited to 300 euros ($383) per person each day, and no checks will be cashed.

Peter Lai of DBS Vickers Securities in Hong Kong said he was expecting a "disastrous phenomenon" in Cyprus when banks reopen.

"We also expect there'll be some kind of bank run. So lots of people are trying to get their cash back and this undoubtedly will be some kind of bad impact on the Cyprus banking system and people believe that or they think that this may affect the euro system," he said.

Meanwhile, in Italy, a leading political party failed in its attempt to form a new government. The stalemate has raised concerns that the country will be unable to manage its deep debts. Italy is the third-largest economy of the 17 countries that use the euro.

Financial stocks across Asia slumped. Japan's Mizuho Financial Group dropped 2.4 percent. Agricultural Bank of China fell 2.9 percent in Hong Kong.

In Australia, Newcrest Mining plummeted 7.9 percent after the company said its gold production target for the 2012-13 fiscal year would not be reached.

Wall Street stocks closed mostly lower Wednesday on Europe worries. The Dow Jones industrial average dropped 0.2 percent to close at 14,526.16. The S&P 500 fell less than 0.1 percent to close at 1,562.85. The Nasdaq composite index rose 0.1 percent to 3,256.52.

Benchmark oil for May delivery was up 7 cents to $96.65 per barrel in electronic trading on the New York Mercantile Exchange. The contract gained 24 cents to close at a five-week high of $96.68 per barrel on the Nymex on Wednesday.

In currencies, the euro rose to $1.2783 from $1.2774 late Wednesday in New York. The dollar fell to 94.06 yen from 94.38 yen.

___

Follow Pamela Sampson on Twitter at http://twitter.com/pamelasampson

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2013-03-28-World%20Markets/id-68b9ac315fb74bf58e768bd11229c40f

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Thursday, March 28, 2013

'Real Housewives of Beverly Hills' get fighting mad in finale

Evans Vestal Ward/Bravo

Brandi Glanville and Kyle Richards have words during the "Real Housewives of Beverly Hills" post-finale reunion.

By Ree Hines, TODAY contributor

It was a night of she-said/she-said on "The Real Housewives of Beverly Hills," as the season wrapped up with one fight after another.

"I really don't like getting involved when I see other people arguing," Kyle Richards claimed when she spied Faye Resnick giving Brandi Glanville grief at Lisa Vanderpump's party, "but now I see a potentially volatile situation."

So why not jump right in? Everyone else did -- and how.

Despite all of the back and forth, there was one moment of peace on the season-ender. Lisa and her husband, Ken Todd, (with their always-present pup Giggy by their side) renewed their vows in a surprisingly fight-free ceremony.

"I love you, darling," Ken told her. "And whatever I said 30 years ago still stands. I promise to obey you. Again.?

Aw! But don't let that sweet stuff fool you. The action didn't end there. No sooner had the season wrapped than the first part of the reunion special aired.

It should come as no surprise to "Housewives" fans to learn that the fights were far from over. In fact, one feud in particular has continued beyond the reunion -- or more accurately, reunions.

?Lisa has never let go of the fact that I didn?t defend her on the reunion last year,? Kyle told In Touch, referring to Lisa's past blowout with Adrienne Maloof. ?I?m?still being punished one year later for not jumping in.?

According to Kyle, she and Lisa haven't spoken since this season's reunion was taped.

See where the hubbub kicks of next week, when part two of the reunion special airs Monday at 9 p.m. on Bravo.

What did you think of the finale night fracas? Share your thoughts on our Facebook page.

Related links:

More in The Clicker:

Source: http://feeds.nbcnews.com/c/35197/f/653459/s/2a079482/l/0Ltheclicker0Btoday0N0C0Inews0C20A130C0A30C260C174730A890Ereal0Ehousewives0Eof0Ebeverly0Ehills0Eget0Efighting0Emad0Ein0Efinale0Dlite/story01.htm

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No Googling, says Google ? unless you really mean it

You hear it in movies, TV shows, among your friends and you probably say it yourself: "I Googled her before I called her." "I know because I Googled it." "What's the temperature in Fargo? Google it!"

But Google wants you ? and the world ? to stop using Google as a verb for looking up anything on the Internet ? unless you actually used Google's search engine to do so.

Google's laser focus on how its name is used even extends to Sweden, where the country's Language Council recently wanted to add the word "ungoogleable" to a list of new words as meaning something that can't be found on the Web using a search engine. Note: a search engine ? not necessarily Google's.

Google objected, according to the Associated Press, "asking for changes showing the expression specifically refers to Google searches and a disclaimer saying Google is a registered trademark, the council said Tuesday." The group expressed its "displeasure with Google's attempts to control the language."

Google told NBC News Tuesday it did not ask the council to remove the word, but only wanted some editing of the definition.

With Google as the leading search engine, there's little doubt that we mean Google when we say we Googled something. As comedian Ellen DeGeneres said on her show, talking about technology's impact on our lives, "If you need to know something immediately, you can Google it now .... Ten years ago, if you said you were going to 'Google' someone, you got written up by Human Resources."

So, what's so bad about using "Google" as a verb for saying you looked up information on the Internet?

Ironically, because of Google's "significant brand recognition," the company "has started down the path of becoming synonymous with search engine services and, accordingly, towards the genericization of a trademark," wrote attorney Matthew Swyers, founder of a law firm specializing in trademark rights, in an article for Inc. last year.

And becoming generic is bad because it threatens a company's legal right to a trademark.

"Aspirin was originally a trademark of Bayer AG," Swyers wrote. "Escalator was originally a trademark of the Otis Elevator Company. Even the word Zipper, at one time, was a trademark owned by B.F. Goodrich. Now, because of their respective fame and genericization, they merely refer to classes of products we see every day and do not identify the source of those goods."

Google pointed out its concerns as far back as 2006 in a blog post about the use of Google as a verb:

A trademark is a word, name, symbol or device that identifies a particular company's products or services. Google is a trademark identifying Google Inc. and our search technology and services. While we're pleased that so many people think of us when they think of searching the web, let's face it, we do have a brand to protect, so we'd like to make clear that you should please only use "Google" when you?re actually referring to Google Inc. and our services.

Kory Stamper, associate editor of Merriam-Webster, Inc., told NBC News that the verb "google," as well as "Google" was first added to the Merriam-Webster's Collegiate Dictionary, Eleventh Edition, and to its online dictionary in 2006, "based entirely on its use in edited English prose."

The Merriam-Webster definition of "google" (lowercase or capitalized), "googled" and "googling" is this: "to use the Google search engine to obtain information about (as a person) on the World Wide Web."

There are three criteria for a word making it into the Merriam-Webster dictionary, she said: Widespread usage of a word, "sustained use" and "meaningful use."

"By the time we did the copyright printing of the Collegiate Dictionary for 2006, we had enough evidence in our files to show that the verb 'google' had met all three criteria for entry," Stamper said, adding: "It's worth noting that the verb 'google' dates back to at least 1998, according to recent information we've gathered."

Despite what happened in Sweden, Google says it's not stepping up, but rather just continuing, its ongoing efforts to patrol its trademark.

"While Google, like many businesses, takes routine steps to protect our trademarks, we are pleased that users connect the Google name with great search results," a company spokesperson said in a statement to NBC News Tuesday.

And, perhaps as NBC News' own Internet expert Helen A.S. Popkin noted, "Google as a verb is brand awareness. When Willow used 'google' as a verb on 'Buffy the Vampire Slayer,' everyone knew Lycos and Jeeves and Yahoo were cooked."

Check out Technology, GadgetBox, TODAY Tech and In-Game on Facebook, and on Twitter, follow Suzanne Choney.

Source: http://feeds.nbcnews.com/c/35002/f/653351/s/2a059651/l/0L0Snbcnews0N0Ctechnology0Ctechnolog0Cno0Egoogling0Esays0Egoogle0Eunless0Eyou0Ereally0Emean0Eit0E1C90A78566/story01.htm

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Badgeville Gamifies Salesforce Platform Toolkit To Drive Behavior, Increase Use Of Cloud Apps

badgeville-250x250Badgeville today launched a toolkit on the Salesforce Platform that is designed to get people more engaged in using online apps. The new toolkit?puts a Salesforce Force.com wrapper around Badgeville?s APIs that hook into behavior tools and are designed to affect how people use the customer's service, said CEO Kris Duggan in an email interview.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/hhekOBKwaW0/

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Wednesday, March 27, 2013

Bond Producers Still Wooing Sam Mendes

Posted 8:10 PM March 25th, 2013 by Binh Ngo



Skyfall is the highest grossing James Bond movie ever with over $1 billion in global ticket sales, so, obviously, the producers want to bottle whatever happened in that movie and hope for lightning to strike again. This includes having Sam Mendes back to shepherd the project.

But due to his other obligations, like his theatrical productions, he won't be able to take on Bond 24, even if he wanted to. The question is, does he want another go at the Bond franchise?

Mendes was on record saying that he didn't want repeat himself so this time away is actually a good thing for him and the franchise.

He can take all the time in the world because the Bond producers are willing to wait, and they are confident they can get him to return.

"We will get him back," producer Barbara Broccoli said. "We haven't given up hope... Maybe not for the next one... but we will get him back again."

According to MGM chairman Gary Barber, the next Bond movie will arrive in theaters "within the next three years."

As for who will direct the next one, Guy Ritchie is favored, according to bookmakers William Hill. Is Ritchie a good choice to replace Mendes? Share your thoughts below.

Source: http://www.rottentomatoes.com/m/1927113/news/1927113/

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New Brunswick to hike taxes to fight deficit | Metro

FREDERICTON ? The New Brunswick government is reversing previous income tax cuts and increasing tobacco taxes in an effort to boost revenues as it fights a growing deficit projected to hit $479 million.

The $8.5 billion budget delivered Tuesday for 2013-14 includes a deficit nearly $70 million higher than its last estimate.

As of July 1, personal income taxes will rise to 2006 levels ? a measure expected to generate $136 million in revenue for 2013-14.

A single person making $40,000 a year would pay an extra $3 per week in income taxes, Finance Minister Blaine Higgs said.

?These measures will result in the largest increase in tax being for people in the top two income brackets,? Higgs said.

The corporate income tax rate will also be increased to 12 per cent from 10 per cent on July 1, resulting in an estimated boost of $17 million in additional annual revenue.

Smokers will pay higher taxes on tobacco as of Wednesday ? up two cents per cigarette.

The government will also continue a three-year plan to reduce the size of the public service through attrition, filling only critical positions, Higgs said. The public service was decreased by 637 jobs in 2012-13.

Higgs said the government will also launch a program aimed at reducing sick leave by 20 per cent by March 2015 for a savings of $20 million.

?This budget strikes a balance between the difficult decisions we have made to address spending and increase revenues while still making strategic investments to strengthen our economy,? he said.

The net debt is expected to reach $11.6 billion by March 2014, an increase of $594 million. That?s $15,365 for every man, woman and child in the province.

Higgs has also promised to sell the government airplane. In the past, the Progressive Conservative government has only said it would consider the idea.

News Worth Sharing:

Source: http://metronews.ca/news/canada/610595/new-brunswick-to-hike-taxes-to-fight-deficit/

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Bait Car: How Hollywood Has Found A New Way To Make Money ...

Paul (not his real name) has never seen the movie The Divide. He?s a horror buff and sometimes tries to find odd and decidedly bad flicks to watch with his wife. The Divide would have fit the bill. It made $16,700 at the box office ? that amounts to about 2,100 tickets sold ? and closed with $130,839 in the bank. It cost $3 million to make.

The reviews, not surprisingly, were uniformly bad. ?Well, yes. I?m another person who got suckered into watching this piece of garbage. The most important thing you need to know about this movie is that it?s just not worth spending two hours of your life to watch it. It?s just bad,? wrote one IMDb user.

?The characters are so clich? and the dialogue is so poorly written that any self-respecting horror lover would quickly roll their eyes, eject the DVD and watch The Mist on cable before falling asleep in his or her clothes,? wrote another. It?s one of those movies for a very specific audience. For guys like Paul.

Paul also admits to occasionally torrenting hard-to-find films. But he?s never seen The Divide. He never downloaded it. I believe him.

However, a month ago, Paul got a letter from his ISP accusing him of torrenting a copy of the file at midnight one lazy evening. His ISP informed him that his IP address, an identifier that, in truth, constantly changes for most Internet users, was identified as being part of the download. Because of this, he?s being sued.

Paul is now in the strange world of copyright trolls, companies that produce or license content for the sole purpose of suing users who pirate it ? even inadvertently.

How did Paul get caught? And what is his recourse now that he?s been fingered as a pirate? The answers to those questions are mired in some of the most contentious legal wrangling ever and is the basis of an entire industry, one dedicated to producing Internet-based ?bait cars? that allow copyright holders to see a trickle of money for even the arguably worst content imaginable.
what happened?First, a brief primer on BitTorrent. When a file, a document, say, is put on BitTorrent, a user makes it available as a seed. This seed is downloaded a few times by other users ? peers ? and then, once enough copies are available, the peers begin serving up parts of that file. Think of it as a group of people sharing a candle. The first person lights another person?s candle and so on. Eventually, the holder of the original flame is forgotten and the flame is self-perpetuating. While this metaphor isn?t completely accurate, it works well enough.

According to Paul?s ISP, then, Paul?s computer held the flame for a brief period, serving up all or some of The Divide to other users. Whether this is true or not is the biggest problem in this sort of copyright law. If Paul served up a packet inadvertently, is it his fault? If he only served up one packet versus the entire file, is he at fault? And how can ISPs prove beyond a doubt that Paul is the culprit here? They can?t.

The DMCA complaint Paul received came from R&D Film 1, LCC, represented by attorneys Michael Heirl and?Todd Pankhurst of Hughes Socol Piers Resnick & Dym, Ltd. in Chicago. The complaint cited him by IP address and cited this file, a 720p Blu-Ray rip release by BHRG. In the case of The Pirate Bay, the file was seeded by a user called maximersk, who has seeded a number of videos and television programs from various ?groups.?

It is important to note that The Divide is still available for download.
Screen Shot 2013-03-23 at 11.03.29 AM
Files produced by various groups ? in this case BHRG ? differ in quality and availability. There are many versions of The Divide, including higher- and lower-resolution copies.

But only this copy is seeing lawsuits thrown at it. If the lawsuit defendants had picked another copy, any other copy, they would have been in the clear. Clearly this particular 720p, high-resolution copy of The Divide is being watched. Every time someone shared a little bit of it, chances are one of the seeders ?caught? the IP address of the requester. The seeder made a list, forwarded that list to the appropriate ISPs, and then prepared their case. The IP addresses are sent with a timestamp (which could be wrong) and, as we all know, IP addresses are ephemeral things. Again, Paul was no angel, but he got caught in a dragnet that had little to do with him.

?If entrapment wasn?t done by government entities this would be entrapment,? said Robert Z. Cashman, a patent attorney who runs a website dedicated to researching copyright trolls.
who did it?Ross Dinerstein, the R and the D in R&D, is an indie film producer and a nice guy. You can see him chatting about a movie called The Pact here. He lives in Los Angeles and has the round, boyish face of a Hollywood business man focused more on doing deals than going gluten-free. He was executive producer for Jiro Dreams of Sushi, a beautiful piece of indie documentary filmmaking that could be considered a masterpiece. I spoke to him and he laid out his case.

?I?m a producer. I don?t have the bandwidth to chase pirates, so I hired a specialist to handle it,? he said. ?As far as I know, [the people being sued] get trapped by stealing copyrighted material which is not a good idea.?

It?s hard to dump the blame on Dinerstein or anyone like him. While he does see a small amount of money from these lawsuits, he has essentially outsourced their enforcement to a company called GuardaLey, a firm that rose to infamy for offering software products and anti-piracy services whose ?evidence gathering techniques are far from optimal.? Attorney Jason Sweet told TorrentFreak:

?GuardaLey knew of the flaw, but continued using it to identify infringers. We haven?t seen anything that would indicate they?ve corrected the problem or are using different methods. I believe they?ve even made statements to the contrary ? that they use the same tech for all of their cases.?

GuardaLey did not respond to requests for an interview, and R&D Film 1 LLC?s counsel at Hughes Socol Piers Resnick & Dym, Ltd. said ?No comment.?

Disconnecting Dinerstein from GuardaLey is obviously problematic, but let?s assume, for the sake of sanity, that the movie was made in good faith and that his goal was to show people a good time. Who, then, is at fault? Dinerstein for wanting what is, by all rights, his? Or GuardaLay for essentially expressing a level of incompetence that would get most software services houses fired?

Lawsuits like this one started cropping up in 2010 and have risen in intensity since. Pop over here and search for copyright cases with the party name ?Doe 1-? in any court. You?ll see quite a few cases, many of them dealing with exactly this type of situation.
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Remember that it doesn?t have to be this way. The easiest way to have something removed from the Internet is through a simple DMCA filing. Takedown notices like this one to Google are addressed almost immediately, which is often a boon for copyright holders, but is also a club for those wishing to hide information, as was evidenced in a case against a WordPress user whose plagiarist requested a takedown notice for blog posts they had copied.

There is obviously little monetary value in these notices, but they do remove offending content, for the most part, in a few keystrokes. It?s a method of first resort and makes the most sense for copyright holders.

GuardaLey has a stable of law firms that send out these letters in hopes that customers will settle. If they don?t ? if the cases go to court or they are ignored ? they stand to lose money. The sweet spot, then, is in those too cowed not to react and too confused to find legal representation.

?My folks just got served a subpoena,? wrote the relative of one of the victims. ?They are elderly and I know did nothing wrong; possibly someone else using their IP address. I?m thinking either hiring an attorney as a shield, or doing nothing and praying it goes away. I will not have them appear in court or settle. What do you suggest??

Others, like a 16-year-old defendant, are worried the lawsuit will ruin their family. Still others see it as a scam.

One user received a subpoena after watching a Mr. Rogers episode online. ?There is no reason for them to come after me, my kids, or any of the other thousand viewers, unless stopping ?piracy? for copyright trolls is not their real intent.?

Copyright trolling efforts like these are not new. Cashman has been following them for years.

?Copyright trolls are generally production studios and/or they?re enterprising attorneys who have decided that it is more profitable for them to sue defendants and elicit multi-thousand-dollar settlements from accused defendants rather than sell tickets or copies of their copyrighted films at retail or discount prices,? he said. ?A porn production company could make millions suing defendants rather than promoting $20 per-month memberships at their websites. For these reasons, these lawsuits in their post-Napster, post-Grokster form took shape.?

But what right do these trolls have to ask for outrageous sums? In copyright law there is a duality. On one hand, you can say that the studio is out one paying customer ? $20 at most for the ticket and a few bucks more for popcorn. On the other, you can say that the downloader has, inadvertently, become a pirate distributor. That?s partially why it?s easy for these guys to go after BitTorrent users (that and the ubiquity of the service.)

?Their filings for copyright infringement are probably correct ? if a downloader made an unauthorized copy of a copyrighted file, they could probably be held liable for copyright infringement. I am hedging on this statement because I would like to see the laws limited to those who enjoy a financial gain from this infringement, and I do not consider the ?loss of a movie ticket or sale? to be substantial enough to sue a defendant for $150,000,? said Cashman.

So somehow Paul?s IP address got on R&D/GuardaLey?s list. They sent a letter to the ISP asking for the specific data pertaining to the accused user, and the ISP, thanks to the DMCA, is forced to comply. In fact, companies will cry ?The DMCA made me do it? at the drop of a hat these days, another issue that frustrates content producers to no end.

So what now?
fighting back?Don?t be fooled ? these trolls can be fought using the same arguments as any of the others. An IP address still does not conclusively link to the subscriber as the downloader,? said Cashman.

?Each of these cases suffered from the same issues which would prevent them from going to trial ? lack of personal jurisdiction, improper joinder of accused defendants, and that there were clear patterns in the rulings of the judges across the U.S. where they were clearly misunderstanding what was the real intention of these copyright trolls, and they were denying motions to quash and attempts of the internet users to prevent the copyright trolls from obtaining their contact information,? he said.

Jeffrey Antonelli, an anti-troll lawyer, told us that before those attacked do anything they should confirm that their computers are compromised or that a relative hasn?t been visiting The Pirate Bay without their knowledge.

Then you have to gamble. Do you hire a lawyer and forge ahead or ignore the notice?

?I have represented a number of people who were sued because they ignored the letters. It?s about trying to determine that chance, it?s difficult, and it would be helpful to have legal advice. You can be well-informed by reading the relevant sources. Copyright Trolls and Die, Troll, Die are both good sources and both are being sued by some copyright trolls,? he said.

Again, is this Dinerstein?s fault? No, said Antonelli. ?Starting from the presumption that copyright owners ? bona fide business owners that are providing content. With those assumptions, I don?t think it?s necessarily bad.?I do have issues with the manner in which those people are doing their investigations/litigation and with the selection of people they actually decide to sue.?

Antonelli said Paul is looking at a claim of about $500-$750.

?Other law firms charge more, my firm is able to charge less. Litigation is quite a bit more expensive. Litigation can easily be up to $5,000-$6,000 and can quickly escalate to $50,000 if you?re the main defendant. It?s very burdensome. There should be strict rules on the ability to enforce copyrights through ISP subpoenas.?

In the end, copyright trolling is a sneak attack on folks who may or may not be doing anything wrong. While certainly The Divide is a piece of intellectual property that deserves protection, things break down when it is used as bait to gather lucrative lawsuits. Entire film studios produce second-rate movies to, presumably, show on Netflix and other services and, sadly, use to power these lawsuits. While perhaps the The Divide isn?t such a movie, the chances look good.

screamIt appears to me as if these movie studios have been making second-rate movies for some time, more as a hobby as far as I?m concerned. Setting up a holding company and transferring the copyright to the holding company so that they could sue for copyright infringement appears to be a ?business model? of what is known as ?IP monetization? that lawyers are so excited about.

?In other words, they say: ?It?s a bad economy, so let?s threaten to, but not sue the pants off of anyone who downloads our content,?? he said.

Sadly, for folks like Paul, sometimes that strategy works.

With reporting by Michael Seo

[Illustration: Bryce Durbin]

Source: http://techcrunch.com/2013/03/25/how-copyright-trolls-run-bait-car-operations-to-grab-pirates/

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