Monday, 31 December 2012

Award buoys U.S. novelist Elmore Leonard to write again

By Kurt Anthony Krug

DETROIT | Mon Dec 31, 2012 12:25pm EST

DETROIT Dec 31 (Reuters) - As he struggled writing his forthcoming book, "Blue Dreams," best-selling American author Elmore Leonard thought his 47th novel would probably be his last.

Then, inspiration came in the form of a medallion.

Leonard won the National Book Foundation's Medal for Distinguished Contribution to American Letters in November, joining such U.S. literary luminaries as Toni Morrison, John Updike, Gore Vidal and Norman Mailer.

Now, the award has given Leonard, 87, the vigor and motivation to write at least two more books, he told Reuters in an interview at his home in Bloomfield Village, Michigan, in suburban Detroit.

"I don't have any reason to quit," he said. "I still enjoy writing."

Leonard is best known for dry, witty dialogue in his crime novels and Westerns, which include 1990's "Get Shorty" and 1996's "Out of Sight" - both of which were adapted into successful and critically acclaimed films.

He also served as an executive producer on FX's Emmy-winning TV crime drama "Justified," which is based on Leonard's novels "Pronto," "Riding the Rap" and a short story "Fire in the Hole."

After six decades of writing successful stories, novels and screenplays, Leonard now has earned respect in the same breath as America's most heralded writers of his time.

"I recognized all the names of the previous winners," Leonard said showing off the award's medallion while puffing on a cigarette. "I was very happy about it. ... The prestige, to me, is worth the most ... It's the biggest."

'I'll HAVE HIM SHOT'

Leonard's crime novels will be published in a multi-volume set by the Library of America in 2014. The publisher keeps important American literature in print permanently.

"Blue Dreams," which is scheduled for a 2013 release, is about bull rider Kyle McCoy who is looking for an Indian bull rider who has been unlawfully detained by border police. Along the way, he falls in love with a young movie star.

Like the majority of Leonard's novels, the first half of "Blue Dreams" establishes unrelated characters and then Leonard has them interact in the end with unpredictable consequences.

Leonard, who is praised for his crisp realism, never sketches a plot for his novels and always writes them longhand on custom-made, unlined yellow writing pads. His daughter Jane types up his books.

"The characters come to life and start doing things," Leonard said. "I don't think about the ending until page 300. It's the middle part that's the tough part."

Even after 62 years of writing fiction, Leonard says he does not have a favorite character.

"I like 'em all," he said. "If one doesn't work, I'll have him shot." (Editing by Eric Kelsey and Bill Trott)


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Stern Advice: Financial to do list for 2013

By Linda Stern

WASHINGTON | Mon Dec 31, 2012 8:29am EST

WASHINGTON Dec 31 (Reuters) - Make resolutions if you must: When you vow to track every dollar and never waste money again, you feel all clean and shiny for at least a few hours into the new year.

But that doesn't usually last. Resolutions get broken because they are too lofty and too ill-defined. It is better to break your resolutions down into a specific to do list: here are the money moves to make now and in the coming weeks that will insure you're in a better financial place before 2013 ends.

-- Analyze your entertainment budget. Television service used to be free, except for the electricity to run it. Now you have to choose cable versus satellite dish and then add on movies from a host of services (like Amazon, Hulu and Netflix)via a host of devices (like Roku, Apple TV and internet-enabled Blu-ray players). Monthly budgets for a family run well over $100, just for television, so it's worth figuring out what you watch and how you watch it and comparison shop for the cheapest way to do that. Often, cable and satellite providers will cut you a better deal if you say you're ready to quit their service. In today's fast-shifting environment, re-do this analysis once a year at contract renewal time.

-- Put one savings on auto-pilot. There is nothing new or revolutionary about this particular exercise, but it works. Choose a low-cost stock mutual fund from a direct-seller like Vanguard, Fidelity Investments or T. Rowe Price. Authorize the fund to sweep a set amount out of your checking account every month. Even $100 will make a difference over time. Just ignore this fund, except to watch it build over time.

-- Max out your credit cards -- not with borrowing, but with rewards. After five years of tight credit, card issuers are coming back at consumers with a new waves of rewards. Look at all of the cards you already have -- if you haven't paid them off, send all of your available money to the highest rate card until you kill the balances, one at a time, as quickly as possible. Then compare the rewards they pay for travel, groceries, gas and any other categories that are important to you. Check the best offers out there now at Nerd Wallet ().

-- Refinance your mortgage. Make your move now if you expect to be in your home for at least five years. Rates hover near historic lows, and bankers are still willing to lend money for 30 years at 3.25 percent and for 15 years at 2.5 percent. Nobody can predict when rates will rise, but they aren't likely to go down. At some point over the next 10 years, those rates are likely to look excellent. Furthermore, many people who were unable to refinance before because they didn't have enough equity in their homes may get relief from recent increases in home prices. To shop for a good rate, check the listings at MortgageMarvel.com and Bankrate.com, and compare with a couple of local mortgage lenders and your own credit union.

-- Buy life insurance. If you have a family that depends on you, and you don't already have six times your income in term coverage, it's time to buy. Rates have been falling for more than a decade, but now that's over and some are heading back up, says Byron Udell of Accuquote.com. Furthermore, some life insurance companies are giving up on some product lines that they believe are unprofitable in today's low interest rate environment. Shop for term life at Accuquote.com, Intelliquote.com and term4sale.com, and compare rates with independent firms like Geico and -- if you have a military connection -- USAA.

-- Adjust your 401(k) settings. If you just let your company auto-enroll you in the program, there's a good chance you aren't saving enough. Bump up your regular contributions at least to the level your company will match, and higher if you can afford it. Authorize the company that manages your 401(k) to rebalance your assets once a year, to keep your mix of stocks and bonds where you want it to be. That will automatically have you buying lower and selling higher.

-- Update your resume. Many workers have been stalled at work for five years or more. But the economy is improving, so it's a good time to brush up on needed skills, rewrite your resume and start networking via LinkedIn, Twitter, Facebook and your own personal connections. Even if you want to stay where you are, it's a good career move to stay abreast of what's going on all around.

-- Organize your info and look at your money. All good financial planning starts here. If you have balances on your credit cards, make a list of all of your cards, with their effective interest rates and balances. Your debt-payoff strategy will become clear. If you don't know how you spend your money, embrace a program like Quicken or an online aggregator like Mvelopes or Mint. Investing for retirement or otherwise? Find a program or system that allows you to track your investment mix and your returns on a quarterly basis. Set it up now, and your investment decisions will be made easier all year long.


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UPDATE 2-Publisher Tribune emerges from bankruptcy

* Former Fox Ent. Chairman Liguori may be CEO

* New board includes former execs of Yahoo, Disney

* Co includes 23 TV stations, 8 dailies

Dec 31 (Reuters) - U.S. media giant Tribune Co, owner of the Los Angeles Times and the Chicago Tribune, emerged from bankruptcy on Monday, ending four years of Chapter 11 reorganization.

Chicago-based Tribune's said on Sunday that its portfolio would include eight major daily newspapers and 23 TV stations.

As part of the Chapter 11 exit, the company closed on a new $1.1 billion senior secured term loan and a new $300 million asset-based revolving credit facility.

The term loan will be used to fund certain payments under the plan of reorganization and the revolving credit facility will be used to fund ongoing operations, the company said.

Upon exiting bankruptcy, Tribune will have issued to former creditors a mix of about 100 million shares of new class A common stock and new class B common stock and new warrants to purchase shares of new class A or class B common stock.

Chief executive Eddy Hartenstein will remain in his role until the new board ratifies the company's executive officers.

The company announced a seven-person board that includes Hartenstein, former Fox Entertainment chairman Peter Liguori, former Yahoo interim CEO Ross Levinsohn and Peter Murphy, Walt Disney's former top strategic planning executive.

Liguori is expected to be named Tribune's new CEO.

In November, Tribune received regulatory approval from the Federal Communications Commission to transfer its broadcast licenses to the owners who would take it over after emerging from bankruptcy.

The company's reorganization plan was confirmed by the Delaware bankruptcy court in July.

The case is In re: Tribune Co et al, U.S. Bankruptcy Court, District of Delaware, No. 08-13141.


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UPDATE 4-Publisher Tribune emerges from 4-year bankruptcy

* Former Discovery Comms COO Liguori expected to be CEO

* New board includes former execs of Yahoo, Disney

* LA Times could fetch $130 mln in auction-analyst

* Company includes 23 TV stations, 8 dailies

By Liana B. Baker and Ashutosh Pandey

Dec 31 (Reuters) - U.S. media giant Tribune Co emerged from bankruptcy on Monday, ending four years of Chapter 11 reorganization and potentially setting itself up for a future without newspapers.

Tribune's controlling owners, which include hedge funds Oaktree Capital and Angelo, Gordon & Co, and JPMorgan Chase & Co intend to sell most, if not all, of its newspapers and already have expressions of interest for The Los Angeles Times, The Orlando Sentinel and others, Reuters has reported.

For now at least, the Chicago-based company said its portfolio would include eight major daily newspapers and 23 TV stations.

Tribune's newspapers remain profitable despite the falloff in readers and advertising. Veteran newspaper analyst John Morton, President of Morton Research, estimated the Los Angeles Times could fetch $130 million at an auction, while the Chicago Tribune could garner $86 million in a sale.

Oaktree is the biggest Tribune shareholder, owning about 23 percent of the company while Angelo Gordon and JP Morgan each hold a 9 percent stake.

"Tribune will emerge as a dynamic multi-media company with a great mix of profitable assets, powerful brands in major markets, sufficient liquidity for operations and investments and significantly less debt," Chief Executive Eddy Hartenstein said in a statement.

As part of the Chapter 11 exit, the company closed on a new $1.1 billion senior secured term loan and a new $300 million asset-based revolving credit facility.

The term loan will be used to fund certain payments under the plan of reorganization and the revolving credit facility will be used to fund ongoing operations, the company said.

Tribune's most actively traded debt, a $5.5 billion loan due in May 2014, was most recently trading at 83 cents on the dollar, according to Thomson Reuters data.

Upon exiting bankruptcy, Tribune will have issued to former creditors a mix of about 100 million shares of new class A common stock and new class B common stock, and new warrants to purchase shares of new class A or class B common stock.

Hartenstein will remain CEO until the new Tribune board names a new management team. Peter Liguori, a former Discovery Communications chief operating officer, is expected to be named CEO.

The company announced a seven-person board that includes Hartenstein, Liguori, former Yahoo CEO Ross Levinsohn and Peter Murphy, Walt Disney's former top strategic planning executive.

Tribune is expected to focus on building its TV operations. In its portfolio, it owns WGN America, a national feed of Tribune's Chicago TV stations that it distributes through cable and satellite to more than 76 million U.S. homes.

Horizon Media analyst Brad Adgate said WGN could expand its base by 20 million to 25 million homes if it adds original programming to its lineup.

Tribune's TV operations are estimated to account for $2.85 billion of the company's $7 billion valuation, while its publishing assets are estimated to represent $623 million, according to a report by its financial advisor, Lazard. The rest of its value resides in assets including its 30 percent stake in the Food Network and its cash balance.

In November, Tribune received regulatory approval from the Federal Communications Commission to transfer its broadcast licenses to the owners who would take it over after emerging from bankruptcy.

Real estate magnate Sam Zell stunned the media industry when he took the company private in 2007 in an $8.2 billion leveraged buyout that burdened the company with debt and that many observers warned would be disastrous. Tribune was forced into bankruptcy in 2008.

The company's reorganization plan was confirmed by the Delaware bankruptcy court in July.

The case is In re: Tribune Co et al, U.S. Bankruptcy Court, District of Delaware, No. 08-13141.


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CORRECTED-UPDATE 1-Publisher Tribune to emerge from bankruptcy on Dec. 31

(Corrects the name of former Yahoo interim CEO in paragraph 8 and the name of former Fox Entertainment chairman in paragraph 9)

* Former Fox Ent. chairman Liguori may get CEO job

* New board to include former execs of Yahoo, Disney

* Reorganized company includes 23 TV stations, 8 dailies

Dec 31 (Reuters) - U.S. media giant The Tribune Co, owner of the Los Angeles Times and the Chicago Tribune, said late on Sunday it will emerge from bankruptcy on Dec. 31, ending four years of Chapter 11 reorganization.

Chicago-based Tribune said it will emerge from the Chapter 11 process with a portfolio of profitable assets that will include eight major daily newspapers and 23 TV stations. The company will also have a new board of directors.

"Tribune will emerge as a dynamic multi-media company with a great mix of profitable assets, powerful brands in major markets, sufficient liquidity for operations and investments and significantly less debt," Eddy Hartenstein, Tribune's chief executive officer, said in an email to employees. "In short, Tribune is far stronger than it was when we began the Chapter 11 process."

As part of the Chapter 11 exit, the company will close on a new $1.1 billion senior secured term loan and a new $300 million asset-based revolving credit facility.

The term loan will be used to fund certain payments under the plan of reorganization and the revolving credit facility will be used to fund ongoing operations, the company said.

Upon exiting bankruptcy, Tribune will have issued to former creditors a mix of about 100 million shares of new class A common stock and new class B common stock and new warrants to purchase shares of new class A or class B common stock.

The current chief executive officer, Eddy Hartenstein, will remain in his role until the new board ratifies the company's executive officers.

The company announced a seven-person board that includes Hartenstein, former Fox Entertainment chairman Peter Liguori, former Yahoo interim CEO Ross Levinsohn and Peter Murphy, Walt Disney's former top strategic planning executive.

Liguori is expected to be named Tribune's new chief executive officer.

In November, Tribune received regulatory approval from the Federal Communications Commission (FCC) to transfer its broadcast licenses to the owners who will take over the company when it emerges from bankruptcy.

The company's plan of reorganization was confirmed by the Delaware bankruptcy court in July. Tribune's emergence from bankruptcy was conditional on the FCC approving the transfer of the broadcast licenses to new owners.

The case is In re: Tribune Co et al, U.S. Bankruptcy Court, District of Delaware, No. 08-13141.

(Reporting by Sakthi Prasad in Bangalore; Editing by Matt Driskill)


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Ban on demanding Facebook passwords among new 2013 state laws

The Facebook logo is shown at Facebook headquarters in Palo Alto, California May 26, 2010. REUTERS/Robert Galbraith

The Facebook logo is shown at Facebook headquarters in Palo Alto, California May 26, 2010.

Credit: Reuters/Robert Galbraith

By James B. Kelleher

CHICAGO | Mon Dec 31, 2012 11:12am EST

CHICAGO (Reuters) - Employers in California and Illinois will be prohibited from demanding access to workers' password-protected social networking accounts and teachers in Oregon will be required to report suspected student bullies thanks to new laws taking effect in 2013.

In all, more than 400 measures were enacted at the state level during 2012 and will become law in the new year, according to the National Conference of State Legislatures (NCSL).

Some of the statutes, which deal with everything from consumer protection to gun control and healthcare, take effect at the stroke of midnight. Others will not kick in until later in the year.

The raft of measures includes a new abortion restriction in New Hampshire, public-employee pension reform in California and Alabama, same-sex marriage in Maryland, and a requirement that private insurers in Alaska cover autism in kids and young adults, NCSL said.

In New Hampshire, a rarely used form of late-term abortion will become illegal except to save the life of the mother - and even then only if two doctors from separate hospitals certify the procedure is medically necessary.

John Lynch, the state's outgoing Democratic governor, had vetoed the measure, saying it would threaten the lives of women in rural areas. But the state's Republican-controlled legislature later overrode him.

In California and Illinois, laws that take effect at 12:01 a.m. local time will make it illegal for bosses to request social networking passwords or non-public online account information from their employees or job applicants.

Michigan's Republican Governor Rick Snyder signed a similar measure into law earlier this month that took effect immediately. The Michigan law also penalizes educational institutions for dismissing or failing to admit a student who does not provide passwords and other account information used to access private internet and email accounts, including social networks like Facebook and Twitter.

But workers and job seekers in all three states will still need to be careful what they post online: Employers may continue to use publicly available social networking information. So inappropriate pictures, tweets and other social media indiscretions can still come back to haunt them.

Gun violence - in places where it's all too common, such as Chicago, and in places where it's unexpected, such as Sandy Hook Elementary School in Newtown, Connecticut - was big news in 2012. But only a handful of new state firearms laws are set to take effect in 2013.

In Michigan, the definition of a "pistol" under the law will now include any firearm less than 26 inches in length. The new definition encompasses some rifles with folding stocks and will make the weapons subject to the same restrictions as pistols.

In Illinois, certain guns currently regulated by state law, including paintball guns, will be excluded from the definition of a firearm and participants in military re-enactments will be exempt from some weapons laws.

Another big story in 2012 was the effort by lawmakers in a number of cash-strapped states to put their public employee pension funds on a sounder financial footing.

In California and Alabama, reforms designed to begin to address the unfunded liabilities of those retirement systems will take effect in 2013.

Among the other new laws on the books in 2013:

* In California, prison workers and peace officers will now be prohibited from having sex with inmates and prisoners in transport.

* In Illinois, sex offenders will be prohibited from distributing candy on Halloween, or playing Santa or the Easter Bunny.

* In Oregon, employers won't be allowed to advertise a job vacancy if they won't consider applicants who are currently out of work.

* In Kentucky, residents will be prohibited from releasing feral or wild hogs back into the wild and Illinois will ban the possession and sale of shark fins.

* And in Florida, the term "motor vehicle" will no longer apply to the specialized all-terrain vehicles with over-sized tires known as "swamp buggies" that are popular in some parts of the state.

(Reporting by James B. Kelleher; Editing by Greg McCune and Nick Zieminski)


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Tribune, out of Chapter 11, set to begin makeover as TV company

By Jennifer Saba and Liana B. Baker

Mon Dec 31, 2012 2:45pm EST

n">Dec 31 (Reuters) - Tribune Co, which started by publishing the Chicago Tribune on a hand press in 1847, sees a future in broadcasting, one not likely to include the major newspapers that made it a force in the news business.

Now that it has formally emerged from a four-year bankruptcy, Tribune is expected to concentrate on its WGN America cable network and a 23-station TV group it tried to fashion into its own broadcast network in the mid-1990s.

Toward that end, Reuters reported earlier in December, the company, whose board has been stocked with former TV executives, will soon begin the process of selling off its eight major market papers.

Tribune's controlling owners, which include JPMorgan Chase & Co and hedge funds Oaktree Capital Management and Angelo, Gordon & Co, intend to sell most, if not all, of the newspapers. Tribune has already received expressions of interest in the Los Angeles Times, the Orlando Sentinel and others

Oaktree is the biggest Tribune shareholder, owning about 23 percent of the company, while Angelo, Gordon and JPMorgan each hold a 9 percent stake.

Tribune's papers have been at the epicenter of the newspaper industry's declining fortunes in recent years. And their problems intensified after real estate magnate Sam Zell took Tribune Co private in an $8.2 billion leveraged buyout five years ago.

Over that period, plummeting advertising and circulation have hit the newspaper industry hard. The industry's ad revenue fell by nearly half to $24 billion, and daily circulation fell 10 percent to roughly 40 million copies, according to the Newspaper Association of America.

"What we have seen in the Tribune in the Zell tenure is a reflection of the demise of the American metro newspaper and its uncertain prospects going forward," said Ken Doctor, an analyst with Outsell Research, a consultancy based in Burlingame, California.

Still, the newspaper industry could be reshaped as moguls like Warren Buffett and Rupert Murdoch seek to build newspaper chains in the United States, even as storied publishers like Tribune and Knight Ridder exit the sector.

Murdoch, Orange County Register owner Aaron Kushner and the San Diego Union-Tribune publisher Doug Manchester are interested in Tribune's publishing assets, sources told Reuters.

Buffett recently said he is interested in adding The Morning Call, a Tribune paper in Allentown, Pennsylvania, to his growing stable of papers.

Tribune's newspapers remain profitable despite the falloff in readers and advertising. Veteran newspaper analyst John Morton said the Los Angeles Times could fetch $130 million at an auction, while the Chicago Tribune could garner $86 million.

But with the industry still struggling to find its footing, and depending on the number of bidders, those prices could fluctuate wildly, Morton said. Newspapers in general have lost roughly two-thirds of their value over the past five years, he said.

"Even though the profitability of newspapers is low, if the price gets low enough it becomes an attractive investment," said Morton.

"The important thing about the Tribune's newspapers are that they are iconic brands in America even though they are struggling financially. They have a lot of cultural and political power," Doctor said.

NEW OWNERS TO FOCUS ON BROADCAST

Peter Liguori, a member of Tribune's newly created board who formerly held top jobs at Discovery Communications and News Corp, is expected to be named chief executive.

Liguori, who has a solid track record in TV programming, is the kind of executive who should be able to improve WGN's ratings and perhaps help the network command higher carriage fees, said Horizon media analyst Brad Adgate.

The company likely will fashion a strategy around WGN America, a national feed of Tribune's Chicago TV stations that Tribune repackages as a super-station and distributes through cable and satellite to more than 76 million homes.

Adgate said that WGN America is not "a must buy network right now," for cable and satellite operators to carry but it has the potential to reach another 20 million to 25 million homes if it adds original programming to its lineup.

"If WGN puts on original shows, whether its reality or scripted, the chance of getting a spike in ratings is higher," Adgate said.

WGN America collects 19 cents a month for each cable or satellite home in which it appears, more than Viacom's VHI and BET channels, according to consultants SNL Kagan. WGN can also sell high priced national ads.

Adgate said WGN already has some programming that is attractive to advertisers, especially its live broadcasts of professional sports in Chicago such as Chicago Cubs baseball and Chicago Bulls basketball.

Tribune also has built digital channel Antenna TV. It now has 71 affiliates, including TV stations owned by Gannett and Media General, and delivers broadcasts of old shows like "Leave it to Beaver," "Barney Miller" and "Alfred Hitchcock Presents" that Tribune says reaches more than 61 percent of the country.

Its TV assets include local stations in the nation's three largest markets, New York, Chicago and Los Angeles, which advertisers covet. The station group reaches 80 percent of U.S. households, according to its website. In 1995, Tribune tried to use its local station to create its own TV network.

Tribune's TV operations are estimated to account for $2.85 billion of the company's $7 billion valuation, while its publishing assets are estimated to represent $623 million, according to report by its financial adviser Lazard. The rest of its value resides in other assets, including its 30 percent stake in the Food Network and its cash balance.

THE DEAL FROM HELL

Tribune was forced into bankruptcy in 2008 not because of the flagging fortunes of its newspapers, but because Zell saddled the company with too much debt just as the industry was hitting a downturn, Morton says.

Zell stunned the media industry when he took the company private in 2007 in an $8.2 billion leveraged buyout that burdened the company with debt and that many observers warned would be disastrous.

In a memo to employees after the company filed for bankruptcy, Zell wrote: "It has been, to say the least, the perfect storm. A precipitous decline in revenue and a tough economy have coupled with a credit crisis, making it extremely difficult to support our debt."

The bankruptcy was an especially messy one. The "deal from hell," as Zell eventually described the leveraged buyout, became a quagmire of lawsuits over who was to blame for the bankruptcy and Tribune's $13 billion of debt.

Zell's tenure had some positives, say some outside the company.

Outsell analyst Doctor said that under Zell the company created a centralized hub in Chicago for its national editorial coverage and made its advertising production more efficient.

However the four-year bankruptcy proceeding distracted the company, holding back innovation due to the uncertainty of its outcome, according to Doctor.


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Zynga carries out planned games shutdown, including 'Petville'

By Malathi Nayak

SAN FRANCISCO | Mon Dec 31, 2012 3:04pm EST

SAN FRANCISCO Dec 31 (Reuters) - Social games publisher Zynga Inc confirmed on Monday that it has carried out 11 of the planned shutdowns of 13 game titles, with "Petville" being the latest game on which it pulled the plug.

Zynga in October said it would shut down 13 underperforming titles after warning that its revenues were slowing as gamers fled from its once-popular titles published on the Facebook platform in large numbers and sharply revised its full-year outlook.

The San Francisco-based company announced the "Petville" shutdown two weeks ago on its Facebook page. All the 11 shutdowns occurred in December.

The 11 titles shut down or closed to new players include role-playing game "Mafia Wars 2," "Vampire Wars," "ForestVille" and "FishVille."

"In place of 'PetVille,' we encourage you to play other Zynga games like 'Castleville,' 'Chefville,' 'Farmville 2,' 'Mafia Wars' and 'Yoville,'" the company told players on its 'PetVille' Facebook page. "PetVille" players were offered a one-time, complimentary bonus package for virtual goods in those games.

"Petville," which lets users adopt virtual pets, has 7.5 million likes on Facebook but only 60,000 daily active users, according to AppData. About 1,260 users commented on the game's Facebook page, some lamenting the game's shutdown.

Zynga has said it is shifting focus to capture growth in mobile games. It also applied this month for a preliminary application to run real-money gambling games in Nevada.

Zynga is hoping that a lucrative real-money market could make up for declining revenue from games like "FarmVille" and other fading titles that still generate the bulk of its sales.

Zynga shares were up 1 percent at $2.36 in afternoon trade on Monday on the Nasdaq. ((Malathi.Nayak@thomsonreuters.com)(415-677-2538)(@MalathiNayak )


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Publisher Tribune to emerge from bankruptcy on Dec. 31

n">Dec 31 (Reuters) - U.S. media giant The Tribune Co, owner of the Los Angeles Times and the Chicago Tribune, said late on Sunday it will emerge from bankruptcy on Dec. 31, ending four years of Chapter 11 reorganization.

Chicago-based Tribune said it will emerge from the Chapter 11 process with a portfolio of profitable assets that will include eight major daily newspapers and 23 TV stations. The company will also have a new board of directors.

As part of the Chapter 11 exit, the company will close on a new $1.1 billion senior secured term loan and a new $300 million asset-based revolving credit facility.

The term loan will be used to fund certain payments under the plan of reorganization and the revolving credit facility will be used to fund ongoing operations, the company said.

Upon exiting bankruptcy, Tribune will have issued to former creditors a mix of about 100 million shares of new class A common stock and new class B common stock and new warrants to purchase shares of new class A or class B common stock.

The current chief executive officer, Eddy Hartenstein, will remain in his role until the new board ratifies the company's executive officers.

In November, Tribune received regulatory approval from the Federal Communications Commission (FCC) to transfer its broadcast licenses to the owners who will take over the company when it emerges from bankruptcy.

The company's plan of reorganization was confirmed by the Delaware bankruptcy court in July. Tribune's emergence from bankruptcy was conditional on the FCC approving the transfer of the broadcast licenses to new owners.

The case is In re: Tribune Co et al, U.S. Bankruptcy Court, District of Delaware, No. 08-13141.


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Short and social workouts led fitness trends in 2012

By Dorene Internicola

NEW YORK | Mon Dec 31, 2012 4:59am EST

NEW YORK Dec 31 (Reuters) - From mud races to sweat parties to CrossFit competitions, workouts turned smarter, shorter and more social in 2012, experts say, as fitness was sweetened with a little help from smart phones and friends.

"Everything is about making fitness fun," said Jenna Autuori-Dedic, senior fitness editor at Fitness Magazine.

Even those grueling indoor cycling classes were a chance to mingle.

"I truly think that spinning was one of the biggest things to come out of 2012," said Autuori-Dedic. "They (fitness studios) made it fun. You can go with your friends, match your workout to the music. When you work out with friends, you don't realize you're working out."

She said 2012 also saw the rise of the sweat party.

"Instead of hitting the bars for that bachelorette party or night out with the girls, women are going in groups to fitness studios," she explained. "You don't have to choose between working out and meeting your friends, you can do both."

Working women have begun treating clients to boot camp classes in lieu of happy-hour, she added, and more co-workers host conference room workouts at lunchtime.

Mud runs were another 2012 trend that Autuori-Dedic expects to grow in the new year, along with fun obstacle-type races in general, during which participants can get blasted with paint or chased by "zombies," often for charity.

Donna Cyrus, senior vice president of programming at the Crunch national chain of fitness centers, said dance classes and short, results-driven workouts dominated group fitness.

"Going into 2012 everybody was looking for the next Zumba," said Cyrus of the Latin-based dance fitness craze. "We find that people are looking for fun easy-to-follow dance moves."

Crunch created 2FLY, a dance class based on music of the '80's and '90's that strives to feel more like a house party than a workout.

The other big trend from 2012, according to Cyrus, is the 30-minute workout.

"Everybody is realizing that you can get results in 30 minutes," she said, so this year was also about hard core, body-sculpting, CrossFit-type classes.

CrossFit is an intense, constantly varied, strength and conditioning program.

Autuori-Dedic said the CrossFit games, which are competitions that grew out of the workout regimen, mushroomed from only 4,000 participants to nearly 70,000 this year.

Richard Cotton, national director of certification programs for the American College of Sports Medicine, said 2012 signaled a welcome shift back to the basics of training people to be prepared for daily living.

"We're finally getting smart about what functional exercise actually is," Cotton said. "Simpler and basic, easier to do at home, there are fewer silly ball exercises, (such as) balancing on a ball while doing bicep curls."

Cotton said personal trainers increasingly apply troubleshooting, motivational interviewing and coaching techniques to their sessions with clients.

Autuori-Dedic said 2013 will see more trainers displaying their wares online.

"Trainers are live-streaming workouts and putting things on Twitter, iTunes, everywhere," she said.

And sophisticated tracking apps are here to stay.

Autuori-Dedic cited a study showing that people lost an average of 15 pounds and kept it off for at least a year just by tracking their statistics with an app.

"It used to be that stepping on a scale once a week would tell you how far you've come," she said. "Now with our smartphones we can log in at any time and see how we're doing every step of the way." (Editing by Patricia Reaney and Vicki Allen)


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Sunday, 30 December 2012

"The Hobbit" keeps box office crown for third week

* 'Les Miz' opens strong but can't keep up with 'Hobbit'

* 'Skyfall' tops $1 billion

By Ronald Grover and Chris Michaud

Dec 30 (Reuters) - The dwarfs and elves of "The Hobbit: An Unexpected Journey" prevailed at the North American box office again over the weekend, as its $32.9 million in ticket sales topped both the star-packed musical "Les Miserables" and the western "Django Unchained."

Despite surging past "The Hobbit" on Christmas day with an $18.1 million opening, "Les Miz" managed only third place in U.S. and Canadian sales with $28 million as Christmas shoppers returned from the malls to boost Hollywood's box office, according to studio estimates.

"The Hobbit," in its third week of release, has now grossed $222.7 million domestically, Warner Bros said.

Quentin Tarantino's "Django Unchained," a western starring Jamie Fox as a slave turned bounty hunter, took second with an impressive $30.7 million.

Tom Cruise's crime drama "Jack Reacher," which features author Lee Child's former military investigator solving a fatal sniper attack, landed in fifth with $14 million, outpaced by "Parental Guidance," the Billy Crystal-Bette Midler as grandparents comedy which took in $14.8 million to nab fourth.

Chris Aronson, president of domestic distribution for Fox, said the "Parental Guidance" performance was "just a tremendous result for our little engine that could."

Backed by a musical score that made it a Broadway icon, "Les Miz" surged past "The Hobbit" on Christmas day, collecting $18.1 million to pass "High School Musical 3: Senior Year" with the biggest midweek opening day by a musical.

But it was not enough to conquer the "Hobbit" juggernaut, which scored its third straight box office weekend win.

Universal's president for domestic distribution Nikki Rocco called the "Les Miz" $28 million take "phenomenal, especially considering we went into the weekend with $40 million," an unexpectedly strong figure for its first few days in release.

"People really love this movie, which is even more rewarding and gratifying," Rocco said.

"Les Miserables," which stars Hugh Jackman, Russell Crowe and Anne Hathaway, benefited from Oscar buzz and its star power, said Paul Dergarabedian, president of Hollywood.com's box office division, who said he wouldn't be surprised to see the musical pass $200 million before it's done.

That would put it among the Hollywood's Top 20 best-selling musicals. It would pass the 1972 film "Cabaret," which grossed $191 million in box office sales adjusted for higher ticket prices, and put it close to "Camelot," which sold $204.5 million in 1967, according to the web site the-numbers.com.

The most successful musical is "Snow White and the Seven Dwarfs," which grossed more than $6.3 billion but has been re-released by Walt Disney nine times since its 1937 premiere, according to the site.

A rush of high-profile films in December is expected to push 2012 to a domestic box office record. The current record is $10.6 billion, set in 2009.

"Jack Reacher" debuted just days after the Newtown, Connecticut, school shooting sparked new debate about the impact of movie violence. "Reacher" begins with a sniper killing a handful of seemingly random victims. A red-carpet premiere and a screening to promote the $60-million production were postponed after the D ec. 14 Newto wn tragedy.

Adult comedy "This is 40" starring Paul Rudd and Leslie Mann as a middle-aged couple was sixth with $13.2 million. The Judd Apatow $35 million film totaled $37 million after two weeks. The seventh spot went to Steven Spielberg's historical film "Lincoln," with $7.5 million for a $132 million domestic total.

Comedy "The Guilt Trip," starring Barbra Streisand and Seth Rogen as a mother and son on a cross-country drive, pulled in $6.7 million for eighth.

Also this week the latest James Bond hit "Skyfall" topped $1 billion in worldwide sales, despite falling out of the week's top 10 films at the box office.

"The Hobbit" was distributed by Time Warner Inc's Warner Bros studio. Paramount Pictures, a unit of Viacom Inc released, "Jack Reacher" and "The Guilt Trip." Comcast Corp's Universal Studios released "Les Miserables" and "This is 40." "Django Unchained" was released in the United States by the Weinstein Company.


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Obama skeptical of NRA proposal to put more guns in schools

WASHINGTON | Sun Dec 30, 2012 8:59am EST

WASHINGTON Dec 30 (Reuters) - President Barack Obama said in an interview broadcast on Sunday he hopes to get new U.S. gun control measures passed during the first year of his second term and is skeptical of a proposal by the National Rifle Association to put armed guards in schools.

Obama assigned Vice President Joe Biden to lead a task force to come up with proposals on guns at the beginning of 2013 after the massacre of 20 children and six adults by a gunman at an elementary school in Newtown, Connecticut this month.

"I'd like to get it done in the first year. I will put forward a very specific proposal based on the recommendations that Joe Biden's task force is putting together as we speak. And so this is not something that I will be putting off," Obama told NBC's "Meet the Press" in an interview taped on Saturday.

"I am not going to prejudge the recommendations that are given to me. I am skeptical that the only answer is putting more guns in schools. And I think the vast majority of the American people are skeptical that that somehow is going to solve our problem," he said.

The NRA, the influential pro-gun lobbying group, has said new gun laws are not a good answer and has called for some form of armed guards to be present in all U.S. schools.


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Tale of two cities: Chicago murder rate spikes, New York falls

* Chicago says 80 percent of victims African-American

* Gang violence blamed for Chicago murder spike

* New York says stop-and-frisk reduces deaths, shootings

* Theft of Apple products increases grand larceny

By James B. Kelleher and Jonathan Allen

CHICAGO/NEW YORK, Dec 28 (Reuters) - In a sharp contrast between two of the nation's largest cities, Chicago recorded its 499th murder of 2012 on Thursday night while New York reported 414 murders as of Friday even though it has more than three times the population, according to police.

Plagued by gang violence, Chicago surpassed last year's murder total of 433 in October and is set for the highest rate of homicide since the third largest U.S. city recorded 512 in 2008. The number is likely to top 500 on the last weekend of the year.

New York Mayor Michael Bloomberg announced on Friday that the nation's largest city could finish the year with the lowest number of murders and shootings since 1963, when it began keeping comparable data. The number of murders this year in New York is only about one-fifth the total of 2,245 homicides recorded in the peak year of 1990.

CHICAGO LEADERS FRUSTRATED

The rising murder rate has frustrated Chicago Police Commissioner Garry McCarthy and Chicago Mayor Rahm Emanuel, who promised to make the city's streets safer when he took office in May 2011.

"It's unacceptable," McCarthy said in an interview with Reuters on Friday.

New York's Bloomberg trumpeted the news with Police Commissioner Raymond Kelly at a police recruit graduation ceremony in the borough of Brooklyn.

Kelly attributed the decline to the increasing use of stop-and-frisk tactics, when police can stop and search people on the street they consider suspicious.

"We're preventing crimes before someone is killed and before someone else has to go to prison for murder or other serious crimes," Kelly said in a statement.

Civil rights groups and some local politicians have criticized stop-and-frisk tactics, saying that most people stopped turn out to be innocent, and they unfairly target black and Latino men. The practice is the subject of a federal court case over whether it is unconstitutional.

New York has also spent $185 million to settle lawsuits filed against the police during the fiscal year 2011. A total of 8,882 suits were filed against the NYPD, a 10 percent increase from the prior year, according to a report by the city's comptroller's office.

MOST VICTIMS AFRICAN-AMERICAN

Chicago's McCarthy said the city's high murder rate, up 18 percent over last year as of Dec. 16, was due to gang violence. Eighty percent of the homicides were gang-related and 80 percent of the victims were African-Americans, he said.

Blacks make up about 33 percent of the city's population, according to the 2011 estimate from the U.S. Census.

In August, six people were murdered in the city on a single weekend day, the highest one-day death toll of 2012.

McCarthy and other officials blame the surge on a splintering of the city's traditional gangs and the rise of new cliques and factions that are vying, often violently, for control of turf on the city's south and west sides.

The spike in homicides was especially dramatic in the first quarter of the year, when murders jumped 66 percent. So far in the fourth quarter, McCarthy said, the murder rate is down 15 percent compared with the same period last year. Police have arrested 7,000 more gang members this year than in 2011, he said.

"We're doing what we can do and it's working," McCarthy said.

After mounting criticism of Emanuel and McCarthy earlier this year, the police chief announced a shakeup of his department, transferring some police managers among districts to bolster the battle against gangs.

McCarthy said Chicago faces a larger illicit gun problem than either New York or Los Angeles, the second-largest U.S. city.

"In the first six months of the year, we seized three guns for every gun seized in Los Angeles and nine guns for every gun confiscated by the New York Police Department," McCarthy said.

"When people ask me, 'What's different about Chicago?' that's one of the things I tell them. We have a proliferation of illegal firearms," he said.

Illinois does not ban assault weapons and the high-capacity magazines that increase their killing potential, as do New York and California. Emanuel has called for tougher gun controls in the aftermath of the recent Connecticut school shooting.

STEALING APPLE IPHONES

While Chicago's murder rate was up, most other categories of crime were down this year from 2011, including criminal sexual assault, robbery, motor vehicle theft and burglary, according to police statistics.

In New York, the number of rapes, robberies, felony assaults and burglaries increased between 1 and 3.4 percent compared to 2011, according to police statistics as of earlier this month. Grand larceny increased by 9 percent, which police said was because of thefts of expensive Apple products such as iPhones and iPads.

Chicago was not alone in recording a spike in murders this year. The murder rate in Detroit through Dec. 16 was up more than 12 percent over 2011 and at the highest level in nearly two decades, according to the city's police department.

As of Friday, St. Louis had recorded 113 homicides, the same number as 2011 with one weekend to go in 2012, police spokesman David Marzullo said. Across the Mississippi River in East St. Louis, Illinois, 22 murders have been recorded this year in a town of only 27,000 people.

"The numbers just blow you away for a community as small as East St. Louis," said Brendan Kelly, state's attorney for St. Clair County, whose jurisdiction includes East St. Louis.

The East St. Louis murder rate is actually down from 30 in 2011 because of targeted patrolling of crime hot spots, Kelly said.


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Ex-Times editor Rees-Mogg, who supported Mick Jagger, dies

LONDON | Sat Dec 29, 2012 9:17am EST

LONDON Dec 29 (Reuters) - William Rees-Mogg, a former editor of Britain's Times newspaper who famously backed Mick Jagger when the Rolling Stones singer was jailed for a drug offence, has died at the age of 84.

On its website, the Times said Rees-Mogg, a former chairman of the Arts Council and vice-chairman of the BBC, had been suffering from oesophageal cancer.

Rees-Mogg became editor of the paper in 1967 and, despite establishment credentials built up at independent school and Balliol College, Oxford, soon showed a rebellious streak.

In July of that year, he published a celebrated leading article criticising the jailing of Jagger for a minor drugs offence, headlined: "Who Breaks a Butterfly on a Wheel?"

Later Rees-Mogg, in an article in the Times after he had stepped down as editor, described John Major, Conservative prime minister for most of the 1990s as "over-promoted, unfit to govern and lacking self-confidence".

"His ideal level of political competence would be deputy chief whip or something of that standing," he added, in a contemptuous reference to Britain's behind-the-scenes political party managers.

However Rees-Mogg stubbornly defended former U.S. President Richard Nixon against all the Watergate evidence filed by the Times' Washington staff as the scandal that led to Nixon's resignation in 1974 unfolded.

The Times was bought by Rupert Murdoch's News Corp in January 1981, at which point Rees-Mogg, who had backed the Murdoch purchase, resigned to make way for one of Britain's most celebrated editors, Harold Evans, who became Reuters editor-at-large in 2011.

The paper's website carried a tribute from Murdoch on Saturday.

"William Rees Mogg was a distinguished editor of the Times for 14 years, during which time he modernised the paper, reaching out to a younger readership with expanded coverage of news, sport and features," Murdoch wrote.

"It is to his great credit that he retained the intellectual integrity of the paper while attracting a broader based and markedly more female readership for the paper.

"He gave me invaluable support when I acquired Times Newspapers in 1981, and remained someone on whom I could always count for impartial counsel."


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Pearson to buy stake in Nook, Barnes & Noble shares up

By Nivedita Bhattacharjee

Fri Dec 28, 2012 1:23pm EST

n">(Reuters) - British education and media publisher Pearson Plc has agreed to acquire a 5 percent stake in Barnes & Noble Inc's Nook Media unit for $89.5 million, sending shares of the bookstore operator up as much as 9.7 percent on Friday.

The Nook Media unit comprises Barnes & Noble's digital businesses — including the Nook e-reader and tablets and the Nook digital bookstore — and 674 college bookstores across the United States.

Pearson is the owner of the Financial Times newspaper and the Penguin Group publishing house.

The latest investment in Nook comes after Microsoft Corp agreed in April to invest $300 million in Barnes & Noble's digital and college businesses, a move that sent Barnes & Noble's shares up 79 percent at the time. Barnes & Noble and Microsoft completed that partnership in October.

After the Pearson deal, Barnes & Noble will own about 78.2 percent of Nook Media and Microsoft will own around 16.8 percent, the companies said.

"We always believed that Microsoft was as interested in Barnes & Noble's opportunity in education as it was in the digital consumer arena," said David Strasser, analyst with Janney Montgomery Scott.

"But after this investment from Pearson, it is more clear that Nook Media has its sight set on transforming the way education is administered in the US and around the world," he wrote in a note to clients.

Nook has been a revenue-driver since its launch in 2009 as readers buy more digital books, but product development and marketing costs to keep the devices competitive with Amazon Inc's Kindle have made it an expensive project.

Barnes & Noble said in November that the quarterly loss at the Nook division increased on higher spending on its e-readers and tablets to keep pace with larger rivals Amazon and Apple Inc.

Meanwhile, the top U.S. bookstore chain also said on Friday that sales in the crucial holiday season will come in below expectations, based on preliminary results and current sales trends.

Barnes & Noble said it would provide more details on its holiday sales on January 3. In November, it said that Nook device sales over the four-day Thanksgiving weekend - one of the busiest times of the year for U.S. retailers - doubled from last year, helped by promotions by Wal-Mart Stores Inc and Target Corp.

The 2012 holiday season may have been the worst for retailers since the 2008 financial crisis, with sales growth far below expectations, according to some early findings.

Shares of Barnes & Noble were up 6.1 percent at $15.23 on the New York Stock Exchange on Friday afternoon, off an earlier high at $15.74. They were the fourth-largest gainer in percentage terms on the NYSE.

Pearson shares ended 0.3 percent lower at 1,193 pence in London.

(Reporting by Nivedita Bhattacharjee and Jessica Wohl in Chicago and Abhishek Takle in Bangalore; editing by Joyjeet Das and Matthew Lewis)


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UPDATE 1-Apple to drop patent claims against new Samsung phone

By Dan Levine

SAN FRANCISCO Dec 28 (Reuters) - Apple Inc has agreed to withdraw patent claims against a new Samsung phone with a high-end display after Samsung said it was not offering to sell the product in the crucial U.S. market.

Apple disclosed the agreement in a filing on Friday in U.S. District Court in San Jose, California. Representatives for both Apple and Samsung declined to comment.

Last month Apple asked to add the Galaxy S III Mini and other Samsung products, including several tablet models, to its wide-ranging patent litigation against Samsung.

In response, Samsung said the Galaxy S III Mini was not available for sale in the United States and should not be included in the case.

Apple won a $1.05 billion verdict against Samsung earlier this year but has failed to secure a permanent sales ban against several, mostly older Samsung models. The patents Apple is asserting against the Galaxy S III Mini are separate from those that went to trial.

Samsung started selling the Mini in Europe in October to compete with Apple's iPhone 5. In its filing on Friday in U.S. District Court, for the Northern District of California, Apple said its lawyers were able to purchase "multiple units" of the Mini from Amazon.com Inc's U.S. retail site and have them delivered in the United States.

But Samsung represented that it is not "making, using, selling, offering to sell or importing the Galaxy S III Mini in the United States." Based on that, Apple said it agreed to withdraw its patent claims on the Mini, "so long as the current withdrawal will not prejudice Apple's ability later to accuse the Galaxy S III Mini if the factual circumstances change."

The case in U.S. District Court, Northern District of California is Apple Inc. vs. Samsung Electronics Co Ltd et al., 12-630.


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Apple agrees to drop patent claims against new Samsung phone

By Dan Levine

SAN FRANCISCO | Fri Dec 28, 2012 1:51pm EST

SAN FRANCISCO Dec 28 (Reuters) - Apple Inc has agreed to withdraw patent claims against a new Samsung phone with a high-end display after Samsung said it was not offering to sell the product in the crucial U.S. market.

Apple disclosed the agreement in a filing on Friday in U.S. District Court in San Jose, California.

Last month Apple asked to add the Galaxy S III Mini and other Samsung products, including several tablet models, to its wide-ranging patent litigation against Samsung.

In response, Samsung said the Galaxy S III Mini was not available for sale in the United States and should not be included in the case.

Apple won a $1.05 billion verdict against Samsung earlier this year, but has failed to secure a permanent sales ban against several, mostly older Samsung models. The patents Apple is asserting against the Galaxy S III Mini are separate from those that went to trial.

Samsung started selling the Mini in Europe in October, to compete with Apple's iPhone 5. In its filing on Friday in U.S. District Court, for the Northern District of California, Apple said its lawyers were able to purchase "multiple units" of the Mini from Amazon.com Inc's U.S. retail site and have them delivered within the country.

But Samsung represented that it is not "making, using, selling, offering to sell or importing the Galaxy S III Mini in the United States." Based on that, Apple said it agreed to withdraw its patent claims on the Mini, "so long as the current withdrawal will not prejudice Apple's ability later to accuse the Galaxy S III Mini if the factual circumstances change."

A Samsung official declined to comment. Apple could not immediately be reached for comment.

The case in U.S. District Court, Northern District of California is Apple Inc. vs. Samsung Electronics Co Ltd et al., 12-630.


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American Securities sells NEP in sprint ahead of 'fiscal cliff'

* Deal values NEP at around $800 mln - sources

* NEP's revenue grew by over 75 pct since 2007

By Greg Roumeliotis

NEW YORK, Dec 27 (Reuters) - Private equity firm American Securities LLC said on Thursday it sold a U.S. media production company to peer Crestview Partners, in one of the clearest examples yet of a firm rushing to close a deal before the end of the year to avoid a potentially larger tax bill.

NEP Broadcasting LLC, a Pittsburgh-based provider of trucks used as mobile production units for television networks such as ABC, Fox and ESPN, was sold to Crestview for roughly $800 million, two sources familiar with the situation said.

Jeff Marcus, a partner at Crestview, described the transaction as a 40-day sprint to the finish line from when the talks first started. The deal was signed on Monday and money changed hands the same day.

"It was important for American Securities to close the deal by the end of the year," Marcus said.

American Securities, which has over $8 billion in assets under management, declined to comment.

Taxes in the United States on capital gains - which American Securities would have to pay on the sale - could rise to 20 percent from 15 percent, unless politicians act on a Dec. 31 deadline to avert the "fiscal cliff" of tax increases and spending cuts.

The tax issue has been controversial for private equity firms. Major private equity fund investors such as public pension funds and university endowments do not have to pay taxes on capital gains, so they want deal decisions to be driven by the profitability of the deal. Private equity fund managers, however, face tax bills on their cut of profits from deals, creating potential conflict of interest issues.

For New York-based American Securities, which traces its roots to a family office founded in 1947, the situation is more complex. The firm's investor base traditionally has included a large proportion of high net-worth individuals and families, who are taxed on capital gains.

American Securities acquired NEP from Apax Partners LLP and Spectrum Equity Investors in 2007. NEP was already also the biggest provider of independent television production studios and services in New York City.

NEP has increased revenue and its employee base by more than 75 percent since 2007, American Securities said. NEP employs over 700 engineers, technicians and other support staff, according to its website.

NEP was co-founded by Deb Honkus, who is the company's chairman, more than 30 years ago. She will remain invested in the company together with other members of management.

"NEP has grown to be the No. 1 provider of mobile broadcast facilities in the country. Under American Securities' ownership, they really undertook a significant upgrade of the equipment as high-definition broadcasting became predominant," said Marcus, of Crestview, which has about $4 billion of capital under management.

Barclays, UBS and AGM acted as financial advisers to NEP, while Morgan Stanley advised Crestview. Barclays, Morgan Stanley and GE Capital provided financing for the transaction.


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New York newspaper to list more gun permit holders after uproar

By Noreen O'Donnell

NEW YORK | Sat Dec 29, 2012 7:00am EST

NEW YORK Dec 29 (Reuters) - A suburban New York newspaper that sparked an uproar among gun enthusiasts by publishing names and addresses of residents holding pistol permits is now planning to publish even more identities of permit-toting locals.

Further names and addresses will be added as they become available to a map originally published on Dec. 24 in the White Plains, New York-based Journal News, the newspaper said.

The original map listed thousands of pistol permit holders in suburban Westchester and Rockland counties just north of New York City.

Along with an article entitled "The gun owner next door: What you don't know about the weapons in your neighborhood," the map was compiled in response to the Dec. 14 shooting deaths of 26 children and adults in Newtown, Connecticut, editors of the Gannett Corp.-owned newspaper said.

The next batch of names will be permit holders in suburban Putnam County, New York, where the county clerk told the newspaper it is still compiling information.

Some 44,000 people are licensed to own pistols in the three counties, the newspaper said. Owners of rifles and shotguns do not need permits, the newspaper said.

The publication prompted outrage, particularly on social media sites, among gun owners.

"Do you fools realize that you also made a map for criminals to use to find homes to rob that have no guns in them to protect themselves?" Rob Seubert of Silver Spring, Maryland, posted on the newspaper's web site. "What a bunch of liberal boobs you all are."

Republican state Senator Greg Ball of Patterson, New York, said he planned to introduce legislation to keep permit information private except to prosecutors and police.

A similar bill that he introduced earlier as an Assemblyman failed in the state Assembly.

"The asinine editors at the Journal News have once again gone out of their way to place a virtual scarlet letter on law abiding firearm owners throughout the region," Ball wrote on his Senate web site.

The newspaper's editor and vice president of news, CynDee Royle, earlier in the week defended the decision to list the permit holders.

"We knew publication of the database would be controversial, but we felt sharing as much information as we could about gun ownership in our area was important in the aftermath of the Newtown shootings," she said.

Some critics retaliated by posting reporters' and editors' addresses and other personal information online.

Howard Good, a journalism professor at the State University of New York at New Paltz, called the critics' response childish and petulant.

"It doesn't move the issue of gun control to the level of intelligent public discussion," he said. "Instead, it transforms what should be a rational public debate on a contentious issue into ugly gutter fighting."

Good said the information about permit holders was public and, if presented in context, served a legitimate interest.

But media critic Al Tompkins of the Florida-based Poynter Institute wrote online this week that the newspaper's reporting had not gone far enough to justify the permit holders' loss of privacy.

"If journalists could show flaws in the gun permitting system, that would be newsworthy," he said. "Or, for example, if gun owners were exempted from permits because of political connections, then journalists could better justify the privacy invasion."

Tompkins said he feared the dispute might prompt lawmakers to play to privacy fears.

"The net effect of the abuse of public records from all sides may well be a public distaste for opening records, which would be the biggest mistake of all," he said.


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UPDATE 1-Facebook Instagram use dived after photo fiasco-AppData

* AppData figures show plummet in Instagram usage

* Data compiled only from Facebook-linked accounts

* Longer-term monitoring needed to determine trend

SAN FRANCISCO, Dec 28 (Reuters) - Facebook Inc's Instagram lost almost a quarter of its daily users a week after it rolled out and then withdrew policy changes that incensed users who feared the photo-sharing service would use their pictures without compensation.

Instagram, which Facebook bought for $715 million this year, saw the number of daily active users who accessed the service via Facebook bottom out at 12.4 million as of Friday, versus a peak of 16.4 million last week, according to data compiled by online tracker AppData.

The popular app, which allows people to add filters and effects to photos and share them over the Internet or smartphones, experienced the drop over the brief, often-volatile holiday period.

Other popular apps also saw slippage in usage, and some were more pronounced. Yelp, for instance, saw daily active users -- again via Facebook -- slide to a weekly low of half a million on Thursday, from a high of 820,000 one week ago.

Instagram disputed the AppData survey, which was compiled from users that have linked the photo service to their own Facebook accounts, historically between 20 and 30 percent of Instagram members.

"This data is inaccurate. We continue to see strong and steady growth in both registered and active users of Instagram," a spokeswoman said in an emailed statement on Friday.

Looking out over a broader timeframe, Instagram's monthly active users edged up to 43.6 million as of Friday, an increase of 1.7 million over the past seven days, according to AppData.

"We'll have to monitor the data over the coming weeks to gain perspective on trends in Instagram's performance," AppData marketing manager Ashley Taylor Anderson said in an email.

ATTENTION-SEEKING

The sharp slide in activity highlighted by AppData was bound to draw attention on the heels of the controversial revision to Instagram's terms of service that, among other things, allowed an advertiser to pay Instagram "to display your username, likeness, photos (along with any associated metadata)" without compensation.

The subsequent public outrage prompted an apology from Instagram founder Kevin Systrom. Last week, a California Instagram user sued the company for breach of contract and other claims, in what may have been the first civil lawsuit to stem from the controversial change.

Instagram subsequently reverted to some of its original language.

The move renewed debate about how much control over personal data users must give up to live and participate in a world steeped in social media.

Analysts say Facebook, the world's largest social network, was laying the groundwork to begin generating advertising revenue, by giving marketers the right to display profile pictures and other personal information, such as who users follow in advertisements.

Its shares closed down 13 cents or 0.5 percent at $25.91 on the Nasdaq, in line with the broader market.


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Publisher Tribune to exit bankruptcy Dec. 31 -sources

By Ronald Grover and Liana B. Baker

Fri Dec 28, 2012 5:28pm EST

n">Dec 28 (Reuters) - The Tribune Co, owner of the Los Angeles Times and the Chicago Tribune, will emerge from bankruptcy on Dec. 31, sources said on Friday, ending four years of Chapter 11 protection and setting the stage for the new company to sell off its newspapers to focus on the WGN cable channel and other TV assets.

The Chicago-based company expects to emerge with all of its assets, which include eight major daily newspapers and 23 TV stations, and to name former Fox TV and Discovery Communications executive Peter Liguori as chief executive, according to two people with knowledge of the company's plans but who are not authorized to speak to the press.

In early December, Tribune owners began interviewing investment bankers to sell some or all of its newspapers. Among those interested are San Diego Union-Tribune owner Doug Manchester and Orange County Register owner Aaron Kushner, according to people familiar with the situation.

On Dec. 14, Warren Buffett hinted he would be interested in buying at least one Tribune newspaper, the Morning Call in Allentown, Pennsylvania.

Gary Weitman, a Tribune spokesman, had no comment.

Oaktree Capital Management, JPMorgan Chase & Co and Angelo, Gordon & Co, the controlling Tribune owners, made the decision to sell off its print business to focus instead on Tribune's television operations, which include stations in New York, Los Angeles, and Chicago.

In November, Tribune received regulatory approval from the Federal Communications Commission to transfer its broadcast licenses to the owners who will take over the company when it emerges from bankruptcy.

Tribune's WGN America is a national news feed of its Chicago station, which it repackages as a super-station and distributes via cable and satellite to more than 76 million homes, according to Nielsen Co data.

Liguori is expected to build Tribune's TV operations, including through acquisitions. Former Disney strategic planning chief Peter Murphy will be added as a board member and will advise Liguori.

Tribune's TV operations are estimated to account for $2.85 billion of the company's $7 billion valuation, while its publishing assets are estimated to represent $623 million, according to a report by its financial adviser, Lazard. The rest of its value is in other assets, including its stake in the Food Network and its cash balance.

Despite its low valuation relative to the rest of the company's assets, Tribune's newspaper unit is profitable.

Tribune's move to shed its newspaper assets was expected by industry observers, who have noted the twin challenges of declining readership and a plunge in advertising revenue wracking the newspaper industry.

The industry lost almost half of its advertising revenue in a five-year period and is now down to $24 billion, according to the Newspaper Association of America trade organization.

The declining fundamentals of newspapers, coupled with the large amount of debt Tribune carried, forced it into a long and complicated four-year bankruptcy case.

Real estate investor Sam Zell took control of Tribune in 2007 through a leveraged buyout that saddled it with $13 billion in debt just as the newspaper industry hit its downturn.


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Facebook's Instagram usage dived after photo brouhaha -AppData

SAN FRANCISCO | Fri Dec 28, 2012 2:37pm EST

SAN FRANCISCO Dec 28 (Reuters) - Facebook Inc's Instagram lost almost a quarter of its daily users a week after it rolled out and then withdrew policy changes that incensed users who feared the photo-sharing service would use their pictures without compensation.

Instagram, which Facebook bought for $715 million this year, saw the number of daily active users who accessed the service via Facebook bottom out at 12.4 million as of Friday, versus a peak of 16.4 million last week, according to data compiled by online tracker AppData.

Instagram disputed the data.

"This data is inaccurate. We continue to see strong and steady growth in both registered and active users of Instagram," a spokeswoman said in an emailed statement on Friday.

It is unclear why the popular app, which allows people to add filters and effects to photos and share them over the Internet or smartphones, experienced the drop over the brief, often-volatile holiday period.

Monthly active users edged up to 43.6 million as of Friday, an increase of 1.7 million over the past seven days, according to AppData.

Many users had taken to Twitter and other public forums in the past week to threaten a pull-out.

The sharp slide in activity is bound to draw attention on the heels of the controversial revision to Instagram's terms of service that, among other things, allowed an advertiser to pay Instagram "to display your username, likeness, photos (along with any associated metadata)" without compensation.

The subsequent public outrage prompted an apology from Instagram founder Kevin Systrom. Last week, a California Instagram user sued the company for breach of contract and other claims, in what may have been the first civil lawsuit to stem from the controversial change.

Instagram subsequently reverted to some of its original language.

The move renewed debate about how much control over personal data users must give up to live and participate in a world steeped in social media.

Analysts say Facebook, the world's largest social network, was laying the groundwork to begin generating advertising revenue, by giving marketers the right to display profile pictures and other personal information, such as who users follow in advertisements.


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Silicon Valley entrepreneur Krikorian quits Amazon board

Blake Krikorian, of id8 Group Holdings, arrives at the Sun Valley Inn in Sun Valley, Idaho July 9, 2009. REUTERS/Rick Wilking

Blake Krikorian, of id8 Group Holdings, arrives at the Sun Valley Inn in Sun Valley, Idaho July 9, 2009.

Credit: Reuters/Rick Wilking

SAN FRANCISCO | Fri Dec 28, 2012 6:37pm EST

SAN FRANCISCO (Reuters) - Silicon Valley entrepreneur and investor Blake Krikorian has quit the board of Amazon.com Inc about a year and a half after joining to take up an unspecified role at the buyer of a company he owned.

Krikorian, known for co-founding Sling Media in 2004, informed the rest of the board on Wednesday of his intention to resign, Amazon said in a Friday filing.

Spokesman Ty Rogers added that the serial entrepreneur, whose latest endeavor is home-automation startup id8 Group R2 Studios Inc, has sold a company and quit in order to take up a position at the acquirer. He did not name the company involved or the buyer.

The Wall Street Journal reported last week that Krikorian's year-old startup was in acquisition discussions with Amazon rivals Apple Inc, Google Inc and Microsoft Corp. It cited sources as saying the trio of tech powerhouses coveted R2 Studios' home-oriented technology as they expanded their own forays into living-room media entertainment.

R2 Studios recently launched a Google Android application to allow users to control home heating and lighting systems from their smartphone. Krikorian's Sling Media -- which was sold to EchoStar Communications in 2007 -- made the "Slingbox" for watching TV on computers.

Krikorian, known also for doing double duty as an angel investor, joined Amazon's board in September of last year, a move hailed as helping propel Amazon's own substantial efforts in online media. (Reporting By Edwin Chan; Editing by Gary Hill and Bob Burgdorfer)


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Apple loses another copyright lawsuit in China-Xinhua

SHANGHAI | Fri Dec 28, 2012 4:32am EST

SHANGHAI Dec 28 (Reuters) - A Chinese court has fined Apple Inc 1 million yuan ($160,400) for hosting third-party applications on its App Store that were selling pirated electronic books, the official Xinhua news agency reported on Friday.

Apple is to pay compensation to eight Chinese writers and two companies for violating their copyrights, the Beijing No.2 Intermediate People's Court ruled on Thursday, Xinhua said.

Earlier in the year, a group of Chinese authors filed the suit against Apple, saying an unidentified number of apps on its App Store sold unlicensed copies of their books. The group of eight authors was seeking 10 million yuan in damages.

"We are disappointed at the judgment. Some of our best-selling authors only got 7,000 yuan. The judgment is a signal of encouraging piracy," Bei Zhicheng, a spokesman for the group, told Reuters.

Apple said in a statement that it takes copyright infringement complaints "very seriously".

"We're always updating our service to better assist content owners in protecting their rights," Apple spokeswoman Carolyn Wu said.

China has the world's largest Internet and mobile market by number of users, but piracy costs software companies billions of dollars each year.

Apple, whose products enjoy great popularity in China, has faced a string of legal headaches this year. In July, Apple paid 60 million yuan to a Chinese firm, Proview Technology, to settle a long-running lawsuit over the iPad trademark in China.


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REFILE-China tightens Internet controls, legalises post deletion

BEIJING Dec 28 (Reuters) - China unveiled tighter Internet controls on Friday, legalising the deletion of posts or pages which are deemed to contain "illegal" information and requiring service providers to hand over such information to the authorities for punishment.

The rules signal that the new leadership headed by Communist Party chief Xi Jinping will continue muzzling the often scathing, raucous online chatter in a country where the Internet offers a rare opportunity for debate.

The new regulations, announced by the official Xinhua news agency, also require Internet users to register with their real names when signing up with network providers, though, in reality, this already happens.

Chinese authorities and Internet companies such as Sina Corp have long since closely monitored and censored what people say online, but the government has now put measures such as deleting posts into law.

"Service providers are required to instantly stop the transmission of illegal information once it is spotted and take relevant measures, including removing the information and saving records, before reporting to supervisory authorities," the rules state.

The restrictions follow a series of corruption scandals amongst lower-level officials exposed by Internet users, something the government has said it is trying to encourage.

Chinese Internet users already cope with extensive censorship measures, especially over politically sensitive topics like human rights and elite politics, and popular foreign sites Facebook, Twitter and Google-owned YouTube are blocked.

Earlier this year, the government began forcing users of Sina's wildly successful Weibo microblogging platform to register their real names.

The new rules were quickly condemned by some Weibo users.

"So now they are getting Weibo to help in keeping records and reporting it to authorities. Is this the freedom of expression we are promised in the constitution?" complained one user.

"We should resolutely oppose such a covert means to interfere with Internet freedom," wrote another.

The government says tighter monitoring of the Internet is needed to prevent people making malicious and anonymous accusations online, disseminating pornography and spreading panic with unfounded rumours, pointing out that many other countries already have such rules.

Despite periodic calls for political reform, the party has shown no sign of loosening its grip on power and brooks no dissent to its authority.


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Facebook Instagram use dived after photo fiasco: AppData

A photo illustration shows the applications Facebook and Instagram on the screen of an iPhone in Zagreb April 9, 2012. REUTERS/Antonio Bronic

A photo illustration shows the applications Facebook and Instagram on the screen of an iPhone in Zagreb April 9, 2012.

Credit: Reuters/Antonio Bronic

SAN FRANCISCO | Fri Dec 28, 2012 5:02pm EST

SAN FRANCISCO (Reuters) - Facebook Inc's Instagram lost almost a quarter of its daily users a week after it rolled out and then withdrew policy changes that incensed users who feared the photo-sharing service would use their pictures without compensation.

Instagram, which Facebook bought for $715 million this year, saw the number of daily active users who accessed the service via Facebook bottom out at 12.4 million as of Friday, versus a peak of 16.4 million last week, according to data compiled by online tracker AppData.

The popular app, which allows people to add filters and effects to photos and share them over the Internet or smartphones, experienced the drop over the brief, often-volatile holiday period.

Other popular apps also saw slippage in usage, and some were more pronounced. Yelp, for instance, saw daily active users -- again via Facebook -- slide to a weekly low of half a million on Thursday, from a high of 820,000 one week ago.

Instagram disputed the AppData survey, which was compiled from users that have linked the photo service to their own Facebook accounts, historically between 20 and 30 percent of Instagram members.

"This data is inaccurate. We continue to see strong and steady growth in both registered and active users of Instagram," a spokeswoman said in an emailed statement on Friday.

Looking out over a broader timeframe, Instagram's monthly active users edged up to 43.6 million as of Friday, an increase of 1.7 million over the past seven days, according to AppData.

"We'll have to monitor the data over the coming weeks to gain perspective on trends in Instagram's performance," AppData marketing manager Ashley Taylor Anderson said in an email.

ATTENTION-SEEKING

The sharp slide in activity highlighted by AppData was bound to draw attention on the heels of the controversial revision to Instagram's terms of service that, among other things, allowed an advertiser to pay Instagram "to display your username, likeness, photos (along with any associated metadata)" without compensation.

The subsequent public outrage prompted an apology from Instagram founder Kevin Systrom. Last week, a California Instagram user sued the company for breach of contract and other claims, in what may have been the first civil lawsuit to stem from the controversial change.

Instagram subsequently reverted to some of its original language.

The move renewed debate about how much control over personal data users must give up to live and participate in a world steeped in social media.

Analysts say Facebook, the world's largest social network, was laying the groundwork to begin generating advertising revenue, by giving marketers the right to display profile pictures and other personal information, such as who users follow in advertisements.

Its shares closed down 13 cents or 0.5 percent at $25.91 on the Nasdaq, in line with the broader market.

(Reporting By Edwin Chan; Editing by Leslie Adler and Andrew Hay)


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Apple to drop patent claims against new Samsung phone

By Dan Levine

SAN FRANCISCO | Fri Dec 28, 2012 2:14pm EST

SAN FRANCISCO (Reuters) - Apple Inc has agreed to withdraw patent claims against a new Samsung phone with a high-end display after Samsung said it was not offering to sell the product in the crucial U.S. market.

Apple disclosed the agreement in a filing on Friday in U.S. District Court in San Jose, California. Representatives for both Apple and Samsung declined to comment.

Last month Apple asked to add the Galaxy S III Mini and other Samsung products, including several tablet models, to its wide-ranging patent litigation against Samsung.

In response, Samsung said the Galaxy S III Mini was not available for sale in the United States and should not be included in the case.

Apple won a $1.05 billion verdict against Samsung earlier this year but has failed to secure a permanent sales ban against several, mostly older Samsung models. The patents Apple is asserting against the Galaxy S III Mini are separate from those that went to trial.

Samsung started selling the Mini in Europe in October to compete with Apple's iPhone 5. In its filing on Friday in U.S. District Court, for the Northern District of California, Apple said its lawyers were able to purchase "multiple units" of the Mini from Amazon.com Inc's U.S. retail site and have them delivered in the United States.

But Samsung represented that it is not "making, using, selling, offering to sell or importing the Galaxy S III Mini in the United States." Based on that, Apple said it agreed to withdraw its patent claims on the Mini, "so long as the current withdrawal will not prejudice Apple's ability later to accuse the Galaxy S III Mini if the factual circumstances change."

The case in U.S. District Court, Northern District of California is Apple Inc. vs. Samsung Electronics Co Ltd et al., 12-630.

(Reporting by Dan Levine; Editing by Leslie Adler and Dan Grebler)


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Thursday, 27 December 2012

UPDATE 1-Spending on food advertising to kids fell in '09-US FTC

* Advertising swings to cheaper media including mobile, online

* Modest nutritional improvement to some advertised foods

* An issue given numbers of overweight, obese U.S. children

Dec 21 (Reuters) - Food companies spent considerably less to advertise to children in 2009 than they did in 2006, although the foods that were pitched were only slightly more nutritious, the U.S. Federal Trade Commission said in a report released on Friday.

Cereal makers, fast food restaurants and other food companies spent $1.79 billion to advertise to children aged 2 to 17 in 2009, down almost 20 percent, on an inflation-adjusted basis, from $2.1 billion three years earlier, the FTC said.

But that drop came not necessarily because companies were advertising less but because they were switching from more expensive television advertising to cheaper online marketing, the FTC said.

Spending on online, mobile and viral marketing increased by 50 percent, the FTC said.

The FTC also found "modest nutritional improvements" in the foods advertised to children, in categories including cereals, drinks and fast-food kid's meals.

By category, cereals advertised were slightly more nutritious because of a drop in sugar content, and fast-food restaurants advertised fewer unhealthy products, the FTC said.

But beverages remained an issue since the FTC found that drinks marketed to children had an average of more than 20 grams of added sugar per serving. That is slightly less than a candy bar.

The issue is a source of concern since about 17 percent of U.S. children and teens are obese and another 15 percent are overweight, according to 2010 data by the U.S. Centers for Disease Control and Prevention.


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Friday, 21 December 2012

UPDATE 1-Google executives acquitted in Milan autism video case

MILAN Dec 21 (Reuters) - An Italy appeals court acquitted three Google executives of 2010 charges of having violated the privacy of an Italian boy with autism by letting a video of him being bullied be posted on the site in 2006.

The court's decision, in a public hearing, overturned a previous ruling in 2010 which had sentenced the executives to jail. Reasons for Friday's decision will be made public in 60 days.

"We are very happy that the earlier decision was not confirmed, and that the court of appeals recognised the innocence of our colleagues," said Google policy manager Giorgia Abeltino after the ruling was read.

"Our thoughts are with the boy and his family for the difficult moments they have endured."

Four students at a Turin school uploaded a mobile phone clip to Google Video in 2006 showing them bullying the boy. The prosecutors accused Google of negligence, saying the video remained online for two months even though some Web users had already posted comments asking for it to be taken down.

In February 2010, a court gave each of the three Google executives, none of whom were based in Italy, a six-month suspended jail sentence. Google has said the executives had nothing to do with the upload.

Senior vice-president and chief legal officer David Drummond, former Google Italy board member George De Los Reyes and global privacy counsel Peter Fleischer had not faced actual imprisonment as the sentences were suspended.

The complaint was brought by an Italian advocacy group for people with Down's Syndrome, Vivi Down, and the boy's father.

Vivi Down was a plaintiff because it was named by the boys in the video, a lawyer for the group said. The boy had autism, not Down's, as widely reported during the three years of the case.

Google had said it had removed the video immediately after being notified and cooperated with Italian authorities to help identify the bullies and bring them to justice.

It said that, as hosting platforms that do not create their own content, Google Video, YouTube and Facebook cannot be held responsible for content that others upload.


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EU charges Samsung with abusing vital telecoms patent

Samsung flags are set up at the main entrance to the Berlin fair ground before the IFA consumer electronics fair in Berlin, August 28, 2012. REUTERS/Tobias Schwarz

Samsung flags are set up at the main entrance to the Berlin fair ground before the IFA consumer electronics fair in Berlin, August 28, 2012.

Credit: Reuters/Tobias Schwarz

BRUSSELS | Fri Dec 21, 2012 1:57pm EST

BRUSSELS (Reuters) - The European Commission charged Samsung Electronics on Friday with abusing its dominant position in seeking to bar rival Apple from using a patent deemed essential to mobile phone use.

The Commission sent a "statement of objections" to the South Korean group, with its preliminary view that Samsung was not acting fairly.

"Intellectual property rights are an important cornerstone of the single market. However, such rights should not be misused when they are essential to implement industry standards, which bring huge benefits to businesses and consumers alike," Competition Commissioner Joaquin Almunia said in statement.

Apple and Samsung, the world's top two smartphone makers, are locked in patent disputes in at least 10 countries as they vie to dominate the lucrative mobile market and win over customers with their latest gadgets.

The filing of competition objections is the latest step in the Commission's investigation. After notifying Samsung in writing, the company will have a chance to reply and request a hearing before regulators.

If the Commission then concludes that the firm has violated the rules, it could impose a fine of up to 10 percent of the electronics firm's total annual turnover.

Technology companies are increasingly turning to the European Commission as the European Union's competition authority, to resolve their disputes. The Commission is also investigating Google and Microsoft.

In the case of Samsung, its standard-essential patents (SEPs) relate to the EU's 3G UMTS standard. When this was adopted in Europe, Samsung committed to license the patents fairly to competitors, the Commission said.

However, it began seeking an injunction in 2011 in various EU member states against Apple's use of these patents. The Commission opened its investigation in January 2012.

Samsung said it was studying the Commission's statement. It said it would cooperate fully and "firmly defend ourselves against any misconceived allegations".

"Samsung is confident that, in due course, the Commission will conclude that we have acted in compliance with European Union competition laws."

(Reporting By Philip Blenkinsop and Barbara Lewis; Editing by Helen Massy-Beresford and Mike Nesbit)


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Google executives acquitted in Milan autism video case

Coffee cups with Google logos are seen at the new Google office in Toronto, November 13, 2012. REUTERS/Mark Blinch

Coffee cups with Google logos are seen at the new Google office in Toronto, November 13, 2012.

Credit: Reuters/Mark Blinch

MILAN | Fri Dec 21, 2012 12:35pm EST

MILAN (Reuters) - An Italy appeals court acquitted three Google executives of 2010 charges of having violated the privacy of an Italian boy with autism by letting a video of him being bullied be posted on the site in 2006.

The court's decision, in a public hearing, overturned a previous ruling in 2010 which had sentenced the executives to jail. Reasons for Friday's decision will be made public in 60 days.

"We are very happy that the earlier decision was not confirmed, and that the court of appeals recognized the innocence of our colleagues," said Google policy manager Giorgia Abeltino after the ruling was read.

"Our thoughts are with the boy and his family for the difficult moments they have endured."

Four students at a Turin school uploaded a mobile phone clip to Google Video in 2006 showing them bullying the boy. The prosecutors accused Google of negligence, saying the video remained online for two months even though some Web users had already posted comments asking for it to be taken down.

In February 2010, a court gave each of the three Google executives, none of whom were based in Italy, a six-month suspended jail sentence. Google has said the executives had nothing to do with the upload.

Senior vice-president and chief legal officer David Drummond, former Google Italy board member George De Los Reyes and global privacy counsel Peter Fleischer had not faced actual imprisonment as the sentences were suspended.

The complaint was brought by an Italian advocacy group for people with Down's Syndrome, Vivi Down, and the boy's father.

Vivi Down was a plaintiff because it was named by the boys in the video, a lawyer for the group said. The boy had autism, not Down's, as widely reported during the three years of the case.

Google had said it had removed the video immediately after being notified and cooperated with Italian authorities to help identify the bullies and bring them to justice.

It said that, as hosting platforms that do not create their own content, Google Video, YouTube and Facebook cannot be held responsible for content that others upload.

(Reporting by Manuela D'Alessandro; Editing by Jennifer Clark and Hans-Juergen Peters)


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