Thursday, February 28, 2013

Political tensions rise in Kenya ahead of election

NAIROBI, Kenya (AP) ? Dozens of shack homes have been burned to the ground in recent weeks in Mathare, Nairobi's most dangerous slum. Families are moving into zones controlled by their own clans, fearful of attacks between the tribes of Kenya's top two presidential candidates.

Kenya on Monday holds its first presidential election since the 2007 vote devolved into months of tribal violence that killed more than 1,000 people and displaced 600,000 from their homes. In a hopeful sign, this year's presidential candidates pledged at a weekend prayer rally to accept the outcome of the election and ensure violence doesn't again break out.

But the government-funded Kenya National Commission on Human Rights on Wednesday released a long list of physical attacks, hate speech and cases of ethnic intimidation Kenya has seen in recent weeks, exposing an undercurrent of tribal tension.

Those strains are on high display in Mathare, where at least seven people have died and 100 shacks burned in the last two months. Officially Mathare suffered 112 deaths during the 2007-08 election violence, though one policeman, who insisted on anonymity because he is not authorized to speak to the press, says Mathare really suffered over 370 killings.

Lewis Kamau is a Kikuyu but wears the bright orange hat of the Luo candidate, Raila Odinga. Kamau is not crossing party lines; he says the hat protects him from Luo attacks. He says he expects Luos to react negatively if Odinga loses.

"Violence will erupt because of results they don't like," he said. "I know these people. They won't accept the results."

Kamau ? who backs the Kikuyu candidate, Uhuru Kenyatta ? is standing 20 feet from a dirt lot scorched by fire, one of the shacks burned in Luo-on-Kikuyu attacks that began in late December and carried over into January.

"Just the other day they burned here and we didn't retaliate," he said, motioning to the charred lot. "We kept quiet. On Monday after the (election results) announcement, we will be ready for it."

Odinga or Kenyatta must win at least 50 percent of the vote in Monday's election, or the two will go to a second-round runoff, where attention will be even more focused on the two, heightening tensions further.

Many in Mathare, and across town in Nairobi's biggest slum, Kibera, say that Kenyans have learned from the 2007-08 violence, and won't repeat it. But many of those pronouncements come from people who assume their candidate will win.

"I think given the 2007 experience we will accept the results, even if, God forbid, we Luos lose. But I don't see us losing," said Daniel Omondo, an information technology specialist in Mathare.

The Kikuyu-Luo rift goes back decades, to when Odinga's father was asked by British colonialist to be Kenya's prime minister. The elder Odinga declined, saying that Jomo Kenyatta ? Uhuru's father ? was the rightful leader. Kenyatta eventually became president, with Odinga as his vice president. But a few years later Kenyatta forced Odinga out of the government, and the tribes' relations began a long slide downward.

In a small tin shack in Kibera where illegal, home-made whisky is served, one Odinga backer who gave his name as Christian Nyambega said the country needs its political leaders to accept the results and for the voters to remain calm. Then one of his drinking colleagues became agitated at the memory of the disputed 2007 election win of current President Mwai Kibaki, a Kikuyu.

"They're going to steal the vote the way they did for Kibaki. The Kikuyus are not the only tribe in Kenya. We have 42 tribes in Kenya," said the man, who gave his name only as Patrick, saying her feared government retribution.

Of the dozens of worrying cases of political tensions described by the human rights commission on Wednesday was one in which Kikuyu landlords in a low-income area of Nairobi ejected Luo tenants from their rental houses. It also said a member of Kenyatta's party has been linked to the use of gangs to threaten opponents. The report also documented cases of residents voluntarily moving to areas controlled by their own tribe.

One Western embassy official watching election developments closely said he expects less violence this election season than in 2007. But he said if 200 people die in violence, it might have to be considered progress compared with the more than 1,000 deaths in 2007-08.

There are other areas of concern in addition to the Luo-Kikuyu rift in Nairobi. A United Nations official who is watching election developments said that Kenya's Rift Valley has seen an influx of imported guns that didn't exist five years ago, and the Tana River area ? a region that has seen serious tribal fighting over the last year ? is likely to see more deaths.

The official said that violence in Mathare will be the worst in Nairobi, and that members of Amnesty International and Kenya's Truth, Justice and Reconciliation Commission have been receiving serious threats. The official said he could not be identified because he was not authorized to share election data.

Since Kenya's last election, the country now has a new constitution, a new judicial system that is lauded as less corrupted, and the police force is being overhauled. Many residents hold out hope that those changes will help ensure that government systems ? instead of massive street violence ? will be used to settle election disputes.

"The violence (in 2007-08) came because of the stealing of votes. The Odinga supporters thought it was rigged, so there was an outcry. This time we have a credible judicial commission and we have seen many changes in police," said Bernard Titus, a Kibera resident.

In addition, four prominent Kenyans ? including Kenyatta and his vice presidential candidate ? face charges at the International Criminal Court over allegations that they orchestrated the 2007 election violence. Some Kenyans believe those charges have reduced the chances that power brokers will hire thugs ? mostly young men and boys from the slums hired for $5 to $10 a day ? and send them into the street.

Grace Kalibo runs a small shop selling basic food goods in Kibera. She attended Sunday's massive peace rally where Odinga and Kenyatta shook hands and pledged peace. She believes Kenya will avoid the massive violence of five years ago. So does her neighbor, Lucas Awol, a 39-year-old bar owner where poor Kibera men gather on Sunday afternoons.

"This time they won't react at all. They are tired of war," said Awol. "This time it will be peaceful. People say so."

___

Associated Press reporter Tom Odula contributed to this report.

Source: http://news.yahoo.com/political-tensions-rise-kenya-ahead-election-170011584.html

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Deutsche Telekom Q4 net profit hits $1 billion

(AP) ? Deutsche Telekom saw net profit recover to ?793 million ($1.04 billion) in the fourth quarter as the telecoms group declared it was "on the offensive" with new investments in higher-speed networks.

Despite the improved net profit, against a loss of ?1.34 billion last year, global sales declined 1.4 percent to ?14.71 billion ? and sagged 4.1 percent in the U.S. market, where the company is trying to turn around its business with the help of a merger with mobile provider MetroPCS Communications.

Deutsche Telekom's U.S. business has struggled because it lacks the scale and efficiencies of larger competitors. An attempt to sell the division to AT&T was blocked by anti-trust authorities. Meanwhile its traditional German landline business has seen customers leave for competitors or to go mobile-only.

Excluding one-time effects and financial items, fourth-quarter earnings decreased 13 percent to ?4.03 billion.

For the full year, the Bonn-based company lost ?5.25 billion ($6.88 billion) due to a ?7.4 billion writedown on the merger of its T-Mobile USA division with MetroPCS. The loss compared to a net profit of ?557 million in 2011. The company said it would keep its dividend at ?0.70.

The company reported some successes such as the increase in demand for smartphones in its large home market, Germany, and the first rise in customers at its US business since 2009. But overall revenues declined 0.8 percent to ?58.17 billion.

Deutsche Telekom shares rose 0.7 percent to ?8.18 in morning trading in Europe.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2013-02-28-EU-Germany-Earns-Deutsche-Telekom/id-9bcf249aa0e44fc38dc819edccb9863e

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ScienceDaily: Top News

ScienceDaily: Top Newshttp://www.sciencedaily.com/news/top_news/ Top science, health, technology and environment news stories, featured on ScienceDaily's home page.en-usWed, 27 Feb 2013 08:21:26 ESTWed, 27 Feb 2013 08:21:26 EST60ScienceDaily: Top Newshttp://www.sciencedaily.com/images/logosmall.gifhttp://www.sciencedaily.com/news/top_news/ For more science articles, visit ScienceDaily.Ship noise makes crabs get crabbyhttp://www.sciencedaily.com/releases/2013/02/130226194012.htm A new study found that ship noise affects crab metabolism, with the largest crabs faring the worst, and found little evidence that crabs acclimatize to noise over time.Tue, 26 Feb 2013 19:40:40 ESThttp://www.sciencedaily.com/releases/2013/02/130226194012.htmSelf help books and websites can benefit severely depressed patientshttp://www.sciencedaily.com/releases/2013/02/130226194010.htm Patients with more severe depression show at least as good clinical benefit from 'low-intensity' interventions, such as self help books and websites, as less severely ill patients, suggests a new article.Tue, 26 Feb 2013 19:40:40 ESThttp://www.sciencedaily.com/releases/2013/02/130226194010.htmMuscle, skin and gastrointestinal problems cause a quarter of patients with heart disease and strokes to stop treatment in HPS2-THRIVE trialhttp://www.sciencedaily.com/releases/2013/02/130226193840.htm The largest randomized study of the vitamin niacin in patients with occlusive arterial disease (narrowing of the arteries) has shown a significant increase in adverse side-effects when it is combined with statin treatment.Tue, 26 Feb 2013 19:38:38 ESThttp://www.sciencedaily.com/releases/2013/02/130226193840.htmLinking insulin to learning: Insulin-like molecules play critical role in learning and memoryhttp://www.sciencedaily.com/releases/2013/02/130226162837.htm Though it's most often associated with disorders like diabetes, scientists have shown how the pathway of insulin and insulin-like peptides plays another critical role in the body -- helping to regulate learning and memory.Tue, 26 Feb 2013 16:28:28 ESThttp://www.sciencedaily.com/releases/2013/02/130226162837.htmLong-term use of medication does not improve symptoms for heart failure patientshttp://www.sciencedaily.com/releases/2013/02/130226162725.htm Among patients with heart failure with preserved ejection fraction, long-term treatment with the medication spironolactone improved left ventricular diastolic function but did not affect maximal exercise capacity, patient symptoms, or quality of life, according to a new study.Tue, 26 Feb 2013 16:27:27 ESThttp://www.sciencedaily.com/releases/2013/02/130226162725.htmPolice and firefighters at higher risk for mental disorders following traumatic eventshttp://www.sciencedaily.com/releases/2013/02/130226141256.htm New research suggests that exposure to diverse types of traumatic events among protective services workers is a risk factor for new onset of psychopathology and alcohol use disorders.Tue, 26 Feb 2013 14:12:12 ESThttp://www.sciencedaily.com/releases/2013/02/130226141256.htmSimple method devised for determining atrial fibrillation risk in womenhttp://www.sciencedaily.com/releases/2013/02/130226141254.htm Researchers have devised and tested a simple atrial fibrillation risk prediction model, based on six easily obtained factors: A woman's age, height, weight, blood pressure, alcohol consumption and smoking history.Tue, 26 Feb 2013 14:12:12 ESThttp://www.sciencedaily.com/releases/2013/02/130226141254.htmTexting Gloves Dangerous in Winter, Says experthttp://www.sciencedaily.com/releases/2013/02/130226141235.htm Fingers are one of the first body parts to suffer from the cold and popular fingerless texting gloves can lead to frostbite and in worst cases, amputation, says an expert.Tue, 26 Feb 2013 14:12:12 ESThttp://www.sciencedaily.com/releases/2013/02/130226141235.htmLeatherback sea turtle could be extinct within 20 years at last stronghold in the Pacific Oceanhttp://www.sciencedaily.com/releases/2013/02/130226141233.htm An international team led by the University of Alabama at Birmingham (UAB) has documented a 78 percent decline in the number of nests of the critically endangered leatherback sea turtle (Dermochelys coriacea) at the turtle's last stronghold in the Pacific Ocean.Tue, 26 Feb 2013 14:12:12 ESThttp://www.sciencedaily.com/releases/2013/02/130226141233.htmNovel combination therapy shuts down escape route, killing glioblastoma tumor cellshttp://www.sciencedaily.com/releases/2013/02/130226135525.htm Scientists have uncovered an unexpected, but important molecular mechanism of mTOR inhibitor resistance and a novel drug combination that reverses this resistance using low dose arsenic in mice. The mTOR pathway is hyperactivated in 90 percent of glioblastomas, the most lethal brain cancer in adults. The data suggest a new approach for treatment of glioblastoma.Tue, 26 Feb 2013 13:55:55 ESThttp://www.sciencedaily.com/releases/2013/02/130226135525.htmGenetic variation behind acute myeloid leukemia treatment success identifiedhttp://www.sciencedaily.com/releases/2013/02/130226135523.htm Researchers are working to identify genetic variations that may help signal which acute myeloid leukemia patients will benefit or not benefit from one of the newest antileukemic agents.Tue, 26 Feb 2013 13:55:55 ESThttp://www.sciencedaily.com/releases/2013/02/130226135523.htmEvolution and the ice agehttp://www.sciencedaily.com/releases/2013/02/130226135241.htm Scientists are discovering how the evolution of ecosystems has to be taken into account when speculating between different geological eras. Go back to the time of the dinosaurs or to the single-celled organisms at the origins of life, and it is obvious that ecosystems existing more than 65 million years ago and around four billion years ago cannot be simply surmised from those of today.Tue, 26 Feb 2013 13:52:52 ESThttp://www.sciencedaily.com/releases/2013/02/130226135241.htmPersistent negative attitude can undo effectiveness of exposure therapy for phobiashttp://www.sciencedaily.com/releases/2013/02/130226135154.htm Because confronting fear won?t always make it go away, researchers suggest that people with phobias must alter memory-driven negative attitudes about feared objects or events to achieve a more lasting recovery from what scares them the most.Tue, 26 Feb 2013 13:51:51 ESThttp://www.sciencedaily.com/releases/2013/02/130226135154.htmNotion of using herceptin only for HER2-positive breast cancer challengedhttp://www.sciencedaily.com/releases/2013/02/130226135109.htm New research finds that the protein HER2 plays a role even in breast cancers that would traditionally be categorized as HER2-negative ? and that the drug Herceptin, which targets HER2, may have an even greater role for treating breast cancer and preventing its spread.Tue, 26 Feb 2013 13:51:51 ESThttp://www.sciencedaily.com/releases/2013/02/130226135109.htmNew design could reduce complications in hip replacementhttp://www.sciencedaily.com/releases/2013/02/130226135107.htm Andrew Murtha, a second-year medical student, hopes to specialize in orthopedic medicine. A unique opportunity to collaborate with experienced researchers not only gave him a head start in his medical career, but also allowed him to develop a new design for an artificial hip that should help reduce post-operative complications.Tue, 26 Feb 2013 13:51:51 ESThttp://www.sciencedaily.com/releases/2013/02/130226135107.htmFor some, surgical site infections are in the geneshttp://www.sciencedaily.com/releases/2013/02/130226135103.htm An estimated 300,000 U.S. patients get surgical site infections every year, and while the causes are varied, a new study suggests that some who get an infection can blame it partly on their genes.Tue, 26 Feb 2013 13:51:51 ESThttp://www.sciencedaily.com/releases/2013/02/130226135103.htmResearchers test holographic technique for restoring visionhttp://www.sciencedaily.com/releases/2013/02/130226134259.htm Researchers are testing the power of holography to artificially stimulate cells in the eye, with hopes of developing a new strategy for bionic vision restoration. Computer-generated holography, they say, could be used in conjunction with a technique called optogenetics, which uses gene therapy to deliver light-sensitive proteins to damaged retinal nerve cells. In conditions such as retinitis pigmentosa (RP), these light-sensing cells degenerate and lead to blindness.Tue, 26 Feb 2013 13:42:42 ESThttp://www.sciencedaily.com/releases/2013/02/130226134259.htmEating well could help spread disease, water flea study suggestshttp://www.sciencedaily.com/releases/2013/02/130226120551.htm Plentiful food can accelerate the spread of infections, scientists have shown in a study of water fleas. Scientists studying bacterial infections in tiny water fleas have discovered that increasing their supply of food can speed up the spread of infection.Tue, 26 Feb 2013 12:05:05 ESThttp://www.sciencedaily.com/releases/2013/02/130226120551.htmNon-brittle glass possible: In probing mysteries of glass, researchers find a key to toughnesshttp://www.sciencedaily.com/releases/2013/02/130226114023.htm Glass doesn't have to be brittle. Scientists propose a way of predicting whether a given glass will be brittle or ductile -- a property typically associated with metals like steel or aluminum -- and assert that any glass could have either quality.Tue, 26 Feb 2013 11:40:40 ESThttp://www.sciencedaily.com/releases/2013/02/130226114023.htmConnecting the (quantum) dots: First viable high-speed quantum computer moves closerhttp://www.sciencedaily.com/releases/2013/02/130226114021.htm Scientists have developed a new method that better preserves the units necessary to power lightning-fast electronics, known as qubits. Hole spins, rather than electron spins, can keep quantum bits in the same physical state up to 10 times longer than before, the report finds.Tue, 26 Feb 2013 11:40:40 ESThttp://www.sciencedaily.com/releases/2013/02/130226114021.htmCell discovery could hold key to causes of inherited diseaseshttp://www.sciencedaily.com/releases/2013/02/130226113830.htm Fresh insights into the protective seal that surrounds the DNA of our cells could help develop treatments for inherited muscle, brain, bone and skin disorders. Researchers have discovered that the proteins within this coating -- known as the nuclear envelope -- vary greatly between cells in different organs of the body.Tue, 26 Feb 2013 11:38:38 ESThttp://www.sciencedaily.com/releases/2013/02/130226113830.htmClever battery completes stretchable electronics package: Can stretch, twist and bend -- and return to normal shapehttp://www.sciencedaily.com/releases/2013/02/130226113828.htm Researchers have demonstrated a stretchable lithium-ion battery -- a flexible device capable of powering their innovative stretchable electronics. The battery can stretch up to 300 percent of its original size and still function -- even when stretched, folded, twisted and mounted on a human elbow. The battery enables true integration of electronics and power into a small, stretchable package that is wirelessly rechargeable.Tue, 26 Feb 2013 11:38:38 ESThttp://www.sciencedaily.com/releases/2013/02/130226113828.htmControlling element of Huntington's disease discovered: Molecular troika regulates production of harmful proteinhttp://www.sciencedaily.com/releases/2013/02/130226113826.htm A three molecule complex may be a target for treating Huntington's disease, a genetic disorder affecting the brain.Tue, 26 Feb 2013 11:38:38 ESThttp://www.sciencedaily.com/releases/2013/02/130226113826.htmEat too much? Maybe it's in the bloodhttp://www.sciencedaily.com/releases/2013/02/130226113824.htm Bone marrow cells that produce brain-derived eurotrophic factor, known to affect regulation of food intake, travel to part of the hypothalamus in the brain where they "fine-tune" appetite, said researchers in a new article.Tue, 26 Feb 2013 11:38:38 ESThttp://www.sciencedaily.com/releases/2013/02/130226113824.htmNew tool for measuring frozen gas in ocean floor sedimentshttp://www.sciencedaily.com/releases/2013/02/130226113440.htm Scientists have developed an instrument capable of simulating the high pressures and low temperatures needed to create hydrate in sediment samples.Tue, 26 Feb 2013 11:34:34 ESThttp://www.sciencedaily.com/releases/2013/02/130226113440.htmBlood vessels 'sniff' gut microbes to regulate blood pressurehttp://www.sciencedaily.com/releases/2013/02/130226113431.htm Researchers have discovered that a specialized receptor, normally found in the nose, is also in blood vessels throughout the body, sensing small molecules created by microbes that line mammalian intestines, and responding to these molecules by increasing blood pressure.Tue, 26 Feb 2013 11:34:34 ESThttp://www.sciencedaily.com/releases/2013/02/130226113431.htmInfrared digital holography allows firefighters to see through flames, image moving peoplehttp://www.sciencedaily.com/releases/2013/02/130226101454.htm Firefighters now have a new tool that could help save lives. A team of researchers have developed a new technique using digital holography that can "see" people through intense flames -- the first time a holographic recording of a live person has been achieved while the body is moving. The new technique allows imaging through both.Tue, 26 Feb 2013 10:14:14 ESThttp://www.sciencedaily.com/releases/2013/02/130226101454.htmWomen's iron intake may help to protect against PMShttp://www.sciencedaily.com/releases/2013/02/130226101448.htm In one of the first studies to evaluate whether dietary mineral intake is associated with PMS development, medical researchers assessed mineral intake in approximately 3,000 women in a case-control study.Tue, 26 Feb 2013 10:14:14 ESThttp://www.sciencedaily.com/releases/2013/02/130226101448.htmBlueprint for an artificial brain: Scientists experiment with memristors that imitate natural nerveshttp://www.sciencedaily.com/releases/2013/02/130226101400.htm Scientists have long been dreaming about building a computer that would work like a brain. This is because a brain is far more energy-saving than a computer, it can learn by itself, and it doesn't need any programming. Scientists are experimenting with memristors -- electronic microcomponents that imitate natural nerves.Tue, 26 Feb 2013 10:14:14 ESThttp://www.sciencedaily.com/releases/2013/02/130226101400.htmTexting becoming a pain in the neckhttp://www.sciencedaily.com/releases/2013/02/130226101259.htm Orthopedic surgeon, spine specialist says excessive leaning head forward and down, while looking at a phone or other mobile device could result in what some people call ?text neck.?Tue, 26 Feb 2013 10:12:12 ESThttp://www.sciencedaily.com/releases/2013/02/130226101259.htmUnlimited source of human kidney cells createdhttp://www.sciencedaily.com/releases/2013/02/130226092142.htm Researchers have successfully generated human kidney cells from human embryonic stem cells in vitro1. Specifically, they produced the renal cells under artificial conditions in the lab without using animals or organs. This has not been possible until now.Tue, 26 Feb 2013 09:21:21 ESThttp://www.sciencedaily.com/releases/2013/02/130226092142.htmProtein that may control the spread of cancer discoveredhttp://www.sciencedaily.com/releases/2013/02/130226092138.htm Researchers have uncovered a novel mechanism that may lead to more selective ways to stop cancer cells from spreading. Cancer biologists have identified the role of the protein RSK2 in cancer cell migration, part of the process of cancer metastasis.Tue, 26 Feb 2013 09:21:21 ESThttp://www.sciencedaily.com/releases/2013/02/130226092138.htmKey component of China's pollution problem: Scale of nitrogen's effect on people and ecosystems revealedhttp://www.sciencedaily.com/releases/2013/02/130226092136.htm It's no secret that China is faced with some of the world's worst pollution. Until now, however, information on the magnitude, scope and impacts of a major contributor to that pollution -- human-caused nitrogen emissions -- was lacking.Tue, 26 Feb 2013 09:21:21 ESThttp://www.sciencedaily.com/releases/2013/02/130226092136.htmMicroscopy technique could be key to improving cancer treatments with targeted therapeutic drugshttp://www.sciencedaily.com/releases/2013/02/130226092132.htm For scientists to improve cancer treatments with targeted therapeutic drugs, they need to be able to see proteins prevalent in the cancer cells. This has been impossible, until now. Thanks to a new microscopy technique, medical researchers have now observed how clusters of epidermal growth factor receptor (EGFR) -- a protein abundant in lung and colon cancers, glioblastoma and others -- malfunctions in cancer cells.Tue, 26 Feb 2013 09:21:21 ESThttp://www.sciencedaily.com/releases/2013/02/130226092132.htmSuperbugs may have a soft spot, after allhttp://www.sciencedaily.com/releases/2013/02/130226092130.htm The overuse of antibiotics has created strains of bacteria resistant to medication, making the diseases they cause difficult to treat, or even deadly. But now a research team has identified a weakness in at least one superbug that scientists may be able to medically exploit.Tue, 26 Feb 2013 09:21:21 ESThttp://www.sciencedaily.com/releases/2013/02/130226092130.htmNewly observed properties of vacuums: Light particles illuminate the vacuumhttp://www.sciencedaily.com/releases/2013/02/130226092128.htm Researchers have succeeded in showing experimentally that vacuums have properties not previously observed. According to the laws of quantum mechanics, it is a state with abundant potentials. Vacuums contain momentarily appearing and disappearing virtual pairs, which can be converted into detectable light particles.Tue, 26 Feb 2013 09:21:21 ESThttp://www.sciencedaily.com/releases/2013/02/130226092128.htm'Fat worms' inch scientists toward better biofuel productionhttp://www.sciencedaily.com/releases/2013/02/130226092126.htm Fat worms confirm that researchers have successfully engineered a plant with oily leaves -- a feat that could enhance biofuel production as well as lead to improved animal feeds.Tue, 26 Feb 2013 09:21:21 ESThttp://www.sciencedaily.com/releases/2013/02/130226092126.htmTaking omega-3 supplements may help prevent skin cancer, new study findshttp://www.sciencedaily.com/releases/2013/02/130226092002.htm Taking omega-3 fish oils could help to protect against skin cancer, according to new research. Scientists just carried out the first clinical trial to examine the impact of the fish oils on the skin immunity of volunteers.Tue, 26 Feb 2013 09:20:20 ESThttp://www.sciencedaily.com/releases/2013/02/130226092002.htmPTSD symptoms common among ICU survivorshttp://www.sciencedaily.com/releases/2013/02/130226081238.htm One in three people who survived stays in an intensive care unit and required use of a mechanical ventilator showed substantial post-traumatic stress disorder symptoms that lasted for up to two years, according to a new study of patients with acute lung injury.Tue, 26 Feb 2013 08:12:12 ESThttp://www.sciencedaily.com/releases/2013/02/130226081238.htmBariatric surgery restores pancreatic function by targeting belly fathttp://www.sciencedaily.com/releases/2013/02/130226081236.htm Researchers have found that gastric bypass surgery reverses diabetes by uniquely restoring pancreatic function in moderately obese patients with uncontrolled type 2 diabetes.Tue, 26 Feb 2013 08:12:12 ESThttp://www.sciencedaily.com/releases/2013/02/130226081236.htmNow hear this: Forerunners of inner-ear cells that enable hearing identifiedhttp://www.sciencedaily.com/releases/2013/02/130226081234.htm Researchers have identified a group of progenitor cells in the inner ear that can become the sensory hair cells and adjacent supporting cells that enable hearing.Tue, 26 Feb 2013 08:12:12 ESThttp://www.sciencedaily.com/releases/2013/02/130226081234.htmProtecting fish from antidepressants by using new wastewater treatment techniquehttp://www.sciencedaily.com/releases/2013/02/130226081157.htm Researchers have developed a new technique to prevent pharmaceutical residues from entering waterways and harming wildlife.Tue, 26 Feb 2013 08:11:11 ESThttp://www.sciencedaily.com/releases/2013/02/130226081157.htmSleep reinforces learning: Children?s brains transform subconsciously learned material into active knowledgehttp://www.sciencedaily.com/releases/2013/02/130226081155.htm During sleep, our brains store what we have learned during the day a process even more effective in children than in adults, new research shows.Tue, 26 Feb 2013 08:11:11 ESThttp://www.sciencedaily.com/releases/2013/02/130226081155.htmWhen morning sickness lasts all dayhttp://www.sciencedaily.com/releases/2013/02/130226081023.htm Severe nausea during pregnancy can be fatal, yet very little is known about this condition. Hormonal, genetic and socio-economic factors may all play a role.Tue, 26 Feb 2013 08:10:10 ESThttp://www.sciencedaily.com/releases/2013/02/130226081023.htmPain can be a reliefhttp://www.sciencedaily.com/releases/2013/02/130226081021.htm When something causes less pain than expected it is even possible for it to feel pleasant, a new study reveals. These findings may one day play a key role in treating pain and substance abuse.Tue, 26 Feb 2013 08:10:10 ESThttp://www.sciencedaily.com/releases/2013/02/130226081021.htmSweet news for stem cell's 'Holy Grail'http://www.sciencedaily.com/releases/2013/02/130226081014.htm Scientists have used sugar-coated scaffolding to move a step closer to the routine use of stem cells in the clinic and unlock their huge potential to cure diseases from Alzheimer?s to diabetes.Tue, 26 Feb 2013 08:10:10 ESThttp://www.sciencedaily.com/releases/2013/02/130226081014.htm3-D atlas of the human heart drawn using statisticshttp://www.sciencedaily.com/releases/2013/02/130226081010.htm Researchers in Spain have created a high resolution atlas of the heart with 3-D images taken from 138 people. The study demonstrates that an average image of an organ along with its variations can be obtained for the purposes of comparing individual cases and differentiating healthy forms from pathologies.Tue, 26 Feb 2013 08:10:10 ESThttp://www.sciencedaily.com/releases/2013/02/130226081010.htmWindmills at sea can break like matcheshttp://www.sciencedaily.com/releases/2013/02/130226081005.htm Medium-sized waves can break wind turbines at sea like matches. These waves occur even in small storms, which are quite common in the Norwegian Sea.Tue, 26 Feb 2013 08:10:10 ESThttp://www.sciencedaily.com/releases/2013/02/130226081005.htmCortisone can increase risk of acute pancreatitishttp://www.sciencedaily.com/releases/2013/02/130225210321.htm A new study shows that cortisone -- a hormone used in certain medicines -- increases the risk of acute pancreatitis. According to the researchers, they suggest that patients treated with cortisone in some forms should be informed of the risks and advised to refrain from alcohol and smoking.Mon, 25 Feb 2013 21:03:03 ESThttp://www.sciencedaily.com/releases/2013/02/130225210321.htmPregnant mother's blood pressure may affect future health of childrenhttp://www.sciencedaily.com/releases/2013/02/130225201930.htm Up to 10 percent of all women experience some form of elevated blood pressure during pregnancy. Researchers now show that mild maternal hypertension early in pregnancy actually benefits the fetus, but that late pregnancy hypertension has negative health consequences for the child.Mon, 25 Feb 2013 20:19:19 ESThttp://www.sciencedaily.com/releases/2013/02/130225201930.htmSmall molecules in the blood might gauge radiation effects after exposurehttp://www.sciencedaily.com/releases/2013/02/130225201928.htm Researchers have identified molecules in the blood that might gauge the likelihood of radiation illness after exposure to ionizing radiation. The animal study shows that radiation predictably alters levels of certain molecules in the blood. If verified in human subjects, the findings could lead to new methods for rapidly identifying people at risk for acute radiation syndrome after occupational exposures or nuclear reactor accidents, and they might help doctors plan radiation therapy for patients.Mon, 25 Feb 2013 20:19:19 ESThttp://www.sciencedaily.com/releases/2013/02/130225201928.htmWasp transcriptome creates a buzzhttp://www.sciencedaily.com/releases/2013/02/130225201823.htm New research delivers a sting in the tail for queen wasps.? Scientists have sequenced the active parts of the genome ? or transcriptome ? of primitively eusocial wasps to identify the part of the genome that makes you a queen or a worker. Their work shows that workers have a more active transcriptome than queens. This suggests that in these simple societies, workers may be the 'jack-of-all-trades' in the colony - transcriptionally speaking - leaving the queen with a somewhat restricted repertoire.Mon, 25 Feb 2013 20:18:18 ESThttp://www.sciencedaily.com/releases/2013/02/130225201823.htmCell scaffolding protein fascin-1 is hijacked by cancerhttp://www.sciencedaily.com/releases/2013/02/130225201820.htm A protein involved in the internal cell scaffold is associated with increased risk of metastasis and mortality in a range of common cancers finds a meta-analysis. The protein, fascin-1, is involved in bundling together the actin filaments which form the internal scaffolding of a cell and are involved in cell movement.Mon, 25 Feb 2013 20:18:18 ESThttp://www.sciencedaily.com/releases/2013/02/130225201820.htmNew clot removal devices show promise for treating stroke patientshttp://www.sciencedaily.com/releases/2013/02/130225201809.htm Specialists are treating patients with a new generation of blood clot removal devices that show promise in successfully revascularizing stroke patients, including those with large vessel blockages. The Solitaire Flow Restoration Device and the Trevo device, approved by Food and Drug Administration (FDA) in 2012 to treat stroke caused by the sudden obstruction of a brain blood vessel (acute ischemic stroke) showed improved results over a previous standard and first generation clot-removal device in clinical trials.Mon, 25 Feb 2013 20:18:18 ESThttp://www.sciencedaily.com/releases/2013/02/130225201809.htmLab instruments inside Curiosity eat Mars rock powderhttp://www.sciencedaily.com/releases/2013/02/130225185603.htm Two compact laboratories inside NASA's Mars rover Curiosity have ingested portions of the first sample of rock powder ever collected from the interior of a rock on Mars. Curiosity science team members will use the laboratories to analyze the rock powder in the coming days and weeks.Mon, 25 Feb 2013 18:56:56 ESThttp://www.sciencedaily.com/releases/2013/02/130225185603.htmMediterranean diet helps cut risk of heart attack, stroke: Results of PREDIMED study presentedhttp://www.sciencedaily.com/releases/2013/02/130225181536.htm Results of a major study aimed at assessing the efficacy of the Mediterranean diet in the primary prevention of cardiovascular diseases show that such a diet supplemented with extra-virgin olive oil or tree nuts reduces by 30 percent the risk of suffering a cardiovascular death, a myocardial infarction or a stroke.Mon, 25 Feb 2013 18:15:15 ESThttp://www.sciencedaily.com/releases/2013/02/130225181536.htmHigher levels of several toxic metals found in children with autismhttp://www.sciencedaily.com/releases/2013/02/130225162231.htm Researchers have found significantly higher levels of toxic metals in children with autism, compared to typical children. They hypothesize that reducing early exposure to toxic metals may help lessen symptoms of autism, though they say this hypotheses needs further examination.Mon, 25 Feb 2013 16:22:22 ESThttp://www.sciencedaily.com/releases/2013/02/130225162231.htmDoing good is good for you: Volunteer adolescents enjoy healthier heartshttp://www.sciencedaily.com/releases/2013/02/130225162229.htm Giving back through volunteering is good for your heart, even at a young age, according to researchers.Mon, 25 Feb 2013 16:22:22 ESThttp://www.sciencedaily.com/releases/2013/02/130225162229.htmVirus shows promise as prostate cancer treatmenthttp://www.sciencedaily.com/releases/2013/02/130225153141.htm A recombinant Newcastle disease virus kills all kinds of prostate cancer cells, including hormone resistant cells, but leaves normal cells unscathed, according to a new article. A treatment for prostate cancer based on this virus would avoid the adverse side effects typically associated with hormonal treatment for prostate cancer, as well as those associated with cancer chemotherapies generally.Mon, 25 Feb 2013 15:31:31 ESThttp://www.sciencedaily.com/releases/2013/02/130225153141.htmHummingbird flight: Two vortex trails with one strokehttp://www.sciencedaily.com/releases/2013/02/130225153139.htm As of today, the Wikipedia entry for the hummingbird explains that the bird's flight generates in its wake a single trail of vortices that helps the bird hover. But after conducting experiments with hummingbirds in the lab, researchers propose that the hummingbird produces two trails of vortices -- one under each wing per stroke -- that help generate the aerodynamic forces required for the bird to power and control its flight.Mon, 25 Feb 2013 15:31:31 ESThttp://www.sciencedaily.com/releases/2013/02/130225153139.htm

Source: http://www.sciencedaily.com/rss/top_news.xml

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Tuesday, February 19, 2013

Is This Awesome Image of NYC a Photograph, a 3D Render, a Painting, or All of the Above?

Check out this spectacular image focusing on the Mandarin Oriental hotel, located at 80 Columbus Circle in New York City, showing Central Park in all its perfect early October sunset glory. Isn't it too exquisite to be just a photograph? Perhaps. Maybe it's a 3D rendering—I can see stuff that makes me think of that. Could it be a really meticulous painting? I can see the hint of brushstrokes here and there. Or a Photoshop... or maybe it's all of the above. More »


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/qukU4qOIxXM/is-this-extraordinary-image-of-nyc-a-photograph-a-3d-render-a-drawing-or-all-of-the-above

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NASA long-distance Google+ Hangout to connect with Space Station

In a first for the agency, NASA will host a Google+ Hangout live with the International Space Station between 11 a.m. to noon EST on February 22. Google+ Hangouts allow people to chat face-to-face while thousands more can tune in to watch the conversation live on Google+.

Although the deadline to submit video questions was February 12 you will be able to watch replies to selected questions. Several video questions will be selected and answered by astronauts on the space
station and on the ground. Additionally, NASA will ask real-time questions submitted by followers on Google+, Twitter, and Facebook.

To join the hangout, and for updates and opportunities to partici-
pate in upcoming hangouts, visit NASA's Google+ page:
https://plus.google.com/+NASA/posts

Information on this Hangout and future sessions can be found at:
http://www.nasa.gov/connect/hangout.html

ANS, NASA

Source: http://www.southgatearc.org/news/february2013/nasa_long_distance_google+_hangout_to_connect_with_space_station.htm

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Monday, February 18, 2013

Have scientists found dark matter?

BOSTON ? Big news in the search for dark matter may be coming in about two weeks, the leader of a space-based particle physics experiment said today (Feb. 17) here at the annual meeting of the American Association for the Advancement of Science.

That's when the first paper of results from the Alpha Magnetic Spectrometer, a particle collector mounted on the outside of the International Space Station, will be submitted to a scientific journal, said MIT physicist Samuel Ting, AMS principle investigator.

Though Ting was coy about just what, exactly, the experiment has found, he said the results bear on the mystery of dark matter, the invisible stuff thought to outnumber regular matter in the universe by a factor of about six to one.

"It will not be a minor paper," Ting said, hinting that the findings were important enough that the scientists rewrote the paper 30 times before they were satisfied with it. Still, he said, it represents a "small step" in figuring out what dark matter is, and perhaps not the final answer. [Photos: AMS Hunts Exotic Particles In Space]

Some physics theories suggest that dark matter is made of WIMPS (weakly interacting massive particles), a class of particles that are their own antimatter partner particles. When matter and antimatter partners meet, they annihilate each other, so if two WIMPs collided, they would be destroyed, releasing a pair of daughter particles ? an electron and its antimatter counterpart, the positron, in the process.

?

The Alpha Magnetic Spectrometer has the potential to detect the positrons and electrons produced by dark matter annihilations in the Milky Way. The $2 billion machine was installed on the International Space Station in May 2011, and so far, it has detected 25 billion particle events, including about 8 billion electrons and positrons. This first science paper will report how many of each were found, and what their energies are, Ting said.

If the experiment detected an abundance of positrons peaking at a certain energy, that could indicate a detection of dark matter, because while electrons are abundant in the universe around us, there are fewer known processes that could give rise to positrons.

"The smoking gun signature is a rise and then a dramatic fall" in the number of positrons with respect to energy, because the positrons produced by dark matter annihilation would have a very specific energy, depending on the mass of the WIMPs making up dark matter, said Michael Turner, a cosmologist at the University of Chicago who is not involved in the AMS project. "That's the key signature that would arise."

Another telling sign will be the question of whether positrons appear to be coming from one direction in space, or from all around. If they're from dark matter, scientists expect them to be spread evenly through space, but if they're created by some normal astrophysical process, such as a star explosion, then they would originate in a single direction.

"There is a lot of stuff that can mimic dark matter," said theoretical physicist Lisa Randall of Harvard University, who is also not involved in the project but said she's eagerly awaiting the AMS results. "In these experiments the question is when do you have antimatter that could be explained by astrophysical sources, and when do you have something that really could be an indication that you have something new?"

Regardless of whether AMS has found dark matter yet, the scientists said they expected the question of dark matter's origin to become clearer soon. In addition to AMS, other experiments such as the Large Hadron Collider in Switzerland, and underground dark matter detectors buried around the world, could also make a discovery in the near future.

"We believe we're on the threshold of discovery," Turner said. "We believe this will be the decade of the wimp."

Follow Clara Moskowitz on Twitter?@ClaraMoskowitz?or SPACE.com?@Spacedotcom. We're also on Facebook?&?Google+.?

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

Source: http://news.yahoo.com/dark-matter-finally-found-big-news-coming-soon-144840916.html

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(SR5) UPDATED: First images of the new Sony SLT-A58! And three new A-mount lens images too!

A couple of days ago SAR (SonyAlphaRumors) leaked the first image of the new NEX-3n (article here). And we told you that a new A58 would come too. And here are the images via Digicaminfo! Both cameras should be announced soon (some say Sony may introduce them the same day of the Playstation presentation next week on Feb 20th). Anyway, what I am 90% sure of are these A58 specs:

- The A58 will have a 20 megapixel sensor capable of shooting at 8fps (frames per second). I have been told that the new sensor has an improved dynamic range over previous generation Sony sensors.
- The body has the same size as the current A57.
- It will have a brand new focusing system that he said is ?very cool? (you may tell us more about it?)
- you will be able to control the camera from a computer (like all the Canons) but it wont have Wi-Fi.
- Price for the body is $599.

Don?t miss any rumor and subscribe the RSS feed (Click here) and Twitter (Click here) stream and the Facebook fan page (Click here)!

?

UPDATE: And here are the image sof the new Zeiss 50mmf /1.4SSM, the new updated 18-55mm II kit lens and the updated 70-400mm II zoom.

?

Reminder (SR = Sonyrumor):
SR1=probably fake rumor
SR2=rumor from unknown sources
SR3=50% chance it is correct
SR4=rumor from known sources
SR5=almost certainly correct!

?

Source: http://www.sonyalpharumors.com/sr5-first-images-of-the-new-sony-slt-a58/

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Articles and Web Contents: Cell Phone Brands

Sorry, Readability was unable to parse this page for content.

Source: http://articlesandwebcontents.blogspot.com/2013/02/cell-phone-brands.html

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SpellGene - Apple iPhone / iPod Touch / iPad App Promo Codes to Giveaway

SpellGene - Apple iPhone / iPod Touch / iPad App Promo Codes to Giveaway
Posted on 16th Feb 2013
English spelling app for kids app gives tips and clues to kids to encourage them to lean and play No Internet connection required Hundreds and hundreds of relevant words, specially chosen for kids All members of a family can get together and play Colourful and easy to use interface ... (scroll down to enter giveaway OR read more...).
Developer / Publisher: IYYAPPAN N IYER
Category: Education
Platform: iPhone | iPod Touch | iPad $0.99 Buy now
Original price of the app at time of giveaway.

How to enter:

Do one of the following or even better all 4 for 'BONUS ENTRIES' then click 'Enter Giveaway' (see below) and feel free to leave a comment too?
Like this app on Facebook = 2 Entries
Tweet this post on Twitter = 2 Entries
Join AppGiveaway on Facebook = 1 Entry
Follow AppGiveaway on Twitter = 1 Entry



What happens now?

1. The giveaway ends on 20th February 2013.
2. The winner(s) will be chosen at random (Don?t forget your BONUS ENTRIES above).
3. The winner(s) will be contacted by email and announced below.
?Watch this space ? it could be you or someone you know?

Comments


blog comments powered by

Source: http://www.appgiveaway.com/id/1133/Education/2013/16/02/SpellGene-apple-iPhone-iPod-Touch-iPad-app-promo-codes-to-giveaway/

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Saturday, February 16, 2013

Groups threaten to attack mosque church

  • The Jakarta Post - Saturday 16th February, 2013

    Paper Edition | Page: 9 Two groups in Jakarta and Bekasi threatened on Friday to attack two houses of worship, claiming that the mosque and church in question had caused disturbances in the ...

  • Fires kill 36 in China over new year festival

    Inquirer - Friday 15th February, 2013

    In this photo taken on 00:13 a.m. on Sunday, Feb. 10, 2013, smog covers the downtown area of Zhushan County, central China?s Hubei Province, after residents around the area set off fireworks ...

  • Pilots go on strike in Indonesia some flights delayed cancelled

    People's Daily - Friday 15th February, 2013

    Hundreds of pilots of leading carrier Garuda Indonesia staged a strike on Thursday that cause flight delays and cancellations in several airports in the country.The strike started since midnight ...

  • Dutch Foreign Minister to Visit Indonesia

    Jakarta Informer - Friday 15th February, 2013

    Dutch Foreign Affairs Minister Frans Timmermans will pay a visit to Jakarta next week to further strengthen the two nations' already close bilateral cooperation, the Dutch Embassy here said on ...

  • AGO to Put Susno Duadji Behind Bars

    Jakarta Informer - Friday 15th February, 2013

    Former top cop Susno Duadji's days as a free man are numbered, the Attorney General's Office insists, after his appeal was rejected by the Supreme Court last November. Full News here ...

  • Jakarta Police Bust Alleged Syndicate Offering Firearms Online

    Jakarta Informer - Friday 15th February, 2013

    Six people were arrested in Bogor, West Java, for allegedly running multiple online scams in which they defrauded customers after claiming to sell firearms and travel tickets. Full News here ...

  • Jakarta monkey handlers targeted

    General Sources - Friday 15th February, 2013

    Squatting near a busy traffic junction in the Indonesian capital Jakarta, monkey-handler Takiadi tugs at the long-tailed macaque at the end of the leash he is ...

  • Indonesian Muslim youths observe Valentines Day despite Islamic injunction

    General Sources - Friday 15th February, 2013

    By Zheng Shibo JAKARTA, Feb. 15 (Xinhua) -- Like in previous years, Islamic authorities, clerics and residents in Indonesia, the world's most populous Muslim country, voiced their protest ...

  • 3000 North Sulawesi NasDem Party Members Resign

    Jakarta Informer - Friday 15th February, 2013

    Following a leadership rift and internal conflict, some 3,000 cadres of the North Sulawesi chapter of the National Democratic Party (NasDem) announced a mass resignation on Friday, the latest in a ...

  • UAE Indonesia combat drugs

    Gulf News - Friday 15th February, 2013

    Ministry of Interior (MoI), met Narcotics division Director of Indonesia?s National Police Detective Agency, Brig. Gen. Arman Depari, and briefed him on the MoI?sefforts to combat ...

  • Female student caught distributing ?shabu-shabu?

    Jakarta Informer - Friday 15th February, 2013

    To prove her love for her boyfriend, Devi Apriani, 19, a student from a private university in Yogyakarta, willingly became a drug courier before police caught her last week."We arrested her at ...

  • Indonesian Photographer Among Winners of World Press Photo Awards

    Jakarta Informer - Friday 15th February, 2013

    A Jakarta Globe contributor, photographer Ali Lutfi, is one of 54 winners of the 56th World Press Photo Contest, the organizers announced on their website on Friday. Full News here ...

  • Airbus drops lithium-ion batteries from A350 aircraft

    Business Journal - Friday 15th February, 2013

    European aircraft maker Airbus said Friday that it will drop the lithium-ion batteries that forced the grounding of Boeing's 787 Dreamliner from its next-generation A350 passenger jet which ...

  • Baby health crisis in Indonesia as formula companies push products

    The Guardian - Friday 15th February, 2013

    With poor access to clean water, giving up breastfeeding is a serious health risk in this part of the world - but milk formula companies continue to sign up ...

  • Police claim progress on Bumi computer hacking

    The Jakarta Post - Friday 15th February, 2013

    Indonesian Police spokesman Brig.Gen.Boy Rafli Amar said on Friday that police had made progress in investigating the recent email hacking of the publicly-listed coal miner PT Bumi Resources. He ...

  • India puts $750m Italian helicopter deal on hold

    San Diego Union-Tribune - Friday 15th February, 2013

    NEW DELHI -; India's Defense Ministry says it has put a $750 million contract to purchase helicopters from Italian company Finmeccanica on hold amid allegations that bribes were ...

  • SBY?s grandson in good condition after surgery

    The Jakarta Post - Friday 15th February, 2013

    Airlangga Satriadhi Yudhoyono, President Susilo Bambang Yudhoyono's grandson, underwent a successful surgical procedure at the Cipto Mangunkusumo General Hospital (RSCM) Kencana in Jakarta on ...

  • Pope approves German lawyer to head embattled bank

    The Miami Herald - Friday 15th February, 2013

    Pope Benedict XVI delivers his blessing after an audience with the Roman clergy in the Paul VI Hall at the Vatican, Thursday Feb. 14, 2013. Benedict XVI is continuing his farewell tour with an ...

  • TransJakarta to Get Three New Elevated Busway Corridors

    Jakarta Informer - Friday 15th February, 2013

    The Jakarta government will build three new elevated busway corridors connecting the satellite cities of Tangerang, Bekasi and Depok to the capital. Full News here ...

  • UAE Indonesia explore mechanisms for fighting narcotics

    WAM - Friday 15th February, 2013

    WAM Abu Dhabi, 15 Feb. 2013 (WAM) -- Anti-narcotics agencies in the UAE and Indonesian explored mechanisms for joint coordination and information sharing in combating drugs. Colonel Saeed Al ...

  • SBY?s grandson to undergo surgery Friday

    The Jakarta Post - Friday 15th February, 2013

    President Susilo Bambang Yudhoyono's grandson will undergo intestinal surgery at Cipto Mangunkusumo General Hospital (RSCM) Kencana in Jakarta on Friday.No information is available on the exact ...

  • Indonesian police burn confiscated marijuana

    China.org.cn - Friday 15th February, 2013

    Indonesian narcotic police officers take out some of the marijuana from Aceh which would be smuggled to Java Island by 14 suspects during a burning in Jakarta, Indonesia, Feb. 15, 2013. ...

  • Source: http://www.jakartanews.net/index.php/sid/212612601/scat/3b16857a51cb629f

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    "Heisman Pose" Photographer Sues for Copyright Infringement - Masck v. Sports Illustrated, et al.

    Technology & Marketing Law Blog

    ? Israeli Court Says Full-Text RSS Feeds Create an Implied Copyright License (Guest Blog Post) | Main | Revisiting the Ninth Circuit's 1979 AMF v. Sleekcraft Case Post-Remand (Guest Blog Post) ?

    February 16, 2013

    "Heisman Pose" Photographer Sues for Copyright Infringement - Masck v. Sports Illustrated, et al.

    By Jake McGowan [writings][LinkedIn]

    Masck v. Sports Illustrated, et al., 2:13-cv-10226-GAD-DRG (E.D. Mich. complaint filed Jan. 18, 2013)

    shutterstock_121280848.jpgOn his journey to winning the Heisman Trophy for the 1991 season, University of Michigan?s Desmond Howard returned a punt 93 yards for a touchdown and famously celebrated by recreating the stance of the trophy itself. See the photo in question, and the plaintiff's attempts to merchandise it, at his "store." (Check out the number of times the site stuffs the phrase "Desmond Howard"--I could see why this might raise some issues of its own).

    In a wordy 67-page complaint that goes into overtime, the man behind the lens for the famous ?Heisman Pose? photograph is now taking a group of defendants to court for allegedly copying and reproducing the work in various ways.

    Brian Masck?s Claims Against the Plethora of Defendants

    Brian Masck is suing Sports Illustrated, Nissan, Getty Images, Champions Press, Photo File, Inc., Fathead, Wal-Mart, Amazon.com, and Desmond Howard himself.

    According to Masck, the defendants violated his copyright in the following ways:

    (1) Sports Illustrated and Nissan teamed to run Nissan advertisements using the photograph in three separate magazine issues;
    (2) Desmond Howard published the photo on his website;
    (3) Getty Images published the photo on its website and sold unauthorized licenses;
    (4) Champions Press published the photo without permission in Desmond Howard?s biography, I Wore 21;
    (5) Photo File and Fathead sold unauthorized copies; and
    (6) Amazon and Wal-Mart allowed merchants to sell copies of the work online.

    Against everyone except Amazon and Wal-mart, Masck also included unfair competition claims under Lanham Act ?1125 and Michigan state law.

    The Strength of Masck?s Copyright Claims

    Masck?s photo clearly satisfies the requirements for copyright protection. Because he took the photo as a freelancer, there does not seem to be any ownership issues.

    But the fact that several photographers captured similar shots of Howard striking the Heisman pose raises a few questions about the scope of Masck?s protection. First of all, the other photographers? shots demonstrate that the trophy itself underlies everything--if Masck were claiming protection for the idea of the Heisman photo, he would be on the wrong side of the idea-expression dichotomy and in a weak position to sue. But the main thrust of the complaint is that Masck?s specific expression is special:

    Jeff Shrier also caught the pose with his camera, but from an angle that did not get the full facial expression, cut off one of Howard?s feet, and simply does not have the same energy and style. Similarly, Chris Covatta?s picture from Howard?s opposite side cuts off the outstretched hand, shows almost none of the face, and does not really give that same sense of a famous pose being struck. Brian had by far the best shot ? really the only shot[.]

    With several other photographers capturing the same moment, there is also the practical issue of proving that these defendants infringed on his work rather than someone else?s. Observing the photographs in the complaint, Masck?s does seem distinguishable from the rest for the reasons mentioned above. But Masck took further steps to prove that certain defendants (including Howard himself) were copying from his expression specifically:

    In 2011, Brian Masck had altered the Heisman Pose photograph ever so slightly, so he could track unauthorized use of his photograph. He added two tells to the photograph. First, he removed the branding from the glove on Desmond Howard?s right hand. Second, he extended the lettering on the football. These small alterations do not appear to the untrained eye, but assist Brian Masck in tracking infringing uses of his photograph.

    All in all, Masck's photo is likely protected but only as to his exact expression. The question becomes how much money he can demand realistically.

    Masck Failed to Register the Photograph Until 2011

    Masck's delayed registration of the photograph has cost him the ability to demand statutory damages. Under ? 412, statutory damages are only available if the author registers the work with the Copyright Office prior to infringement, or within three months after publication. Masck registered the photograph in August 2011, which makes him almost two decades late.

    According to Masck, the sluggish effort to register the work came from bad legal advice:

    His counsel at that time advised him that, because Sports Illustrated had published the photograph and correctly credited it to him in the accompanying byline, his photograph would be fully protected by copyright law . . . Consequently, Brian did not register his Desmond Howard Heisman Pose photograph with the Copyright Office at that time.

    Normally, the absence of statutory damages would make this a low-dollar-value dispute. However, Masck can still ask for actual damages and the infringer?s profits, and those numbers could be meaningful with a high-value photo like this one. Then again, because actual damages and profits would be time-consuming and difficult to prove, I would not be surprised if the parties settled.

    Masck?s Lanham Act Claims

    In addition to the copyright claims, Masck also brings unfair competition claims alleging that the defendants caused confusion as to the origin of the Heisman Pose photo. The problem with these claims is that they are effectively trying to emulate copyright protection by stretching the language of the Lanham Act.

    In Dastar v. Twentieth Century Fox, the Supreme Court struck down such an attempt:

    [The phrase ?origin of goods?] refers to the producer of the tangible goods that are offered for sale, and not to the author of any idea, concept, or communication embodied in those goods . . . To hold otherwise would be akin to finding that ? 43(a) created a species of perpetual patent and copyright, which Congress may not do.

    The Court stressed that the ?creative talent? embodied in the work was not left without any protection--if it had qualified, it could still have been protected by copyright. This same reasoning should also apply to Masck?s work, because his claims are based on the defendants copying his photograph, not passing off his physical copies of the photograph as their own.

    The Unintentionally Hilarious Tone of the Complaint

    I don?t mean to downplay or ridicule Masck?s attempt to fight for the fruits of his labor, but there were several points in the complaint where I just had to laugh. Some passages sounded like they belonged in a memoir:

    ?In that pre-digital era, he enjoyed the physical act of producing a photograph. He liked to set up the trays and chemicals, watch the image appear, adjust the exposure with his hands, and try different kinds of emulsions and papers to produce different effects.?

    ?[Brian] saw a story that needed to be told, and he told it in his way, with his camera. He realized then that he was a photojournalist.?

    . . . passages had plainly unnecessary background information:

    When he headed to college at the University of Michigan in 1980, he started his studies in the art school . . . But after he got involved with the Michigan Daily (the student newspaper on campus) and the Michiganensian (the yearbook), Brian began to lean toward photojournalism.

    . . . some passages seem like they?re trying to take subtle jabs at the other photographers on the field:

    ??We said that big plays are going to tell the story of this game?? . . . The two photographers saw the potential for Howard to break free at some point in the game . . . Little did either of them anticipate that the foresight, perceptive planning and skill of one of them would facilitate the creation of a college football icon, let alone a broader cultural touchstone.?

    . . . and then there are those sentences which just ask for it:

    "Of photography, says Brian today, 'It?s just what I do.'"

    I could go on, but for now it suffices to say that we will have to wait and see if this goes to trial for actual damages or settles out of court. But if you happen to be looking for a freelance photographer memoir with a flair for the dramatic, the complaint link is at the top. Enjoy.

    [Photo Credit: Debby Wong / Shutterstock.com]

    Posted by JakeMcGowan at February 16, 2013 08:40 AM | Copyright

    Trackback Pings

    TrackBack URL for this entry:
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    Source: http://blog.ericgoldman.org/archives/2013/02/heisman_pose_ph_1.htm

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    The Real Power of Crystals: Attesting to Atoms

    The exact angles of crystals reveals their underlying structure as given by repeating lattices of atoms and molecules, as explained in this video by geometer George Hart


    purple crystals Image: simonsfoundation.org

    From Simons Science News (find original story here).

    For most of recorded history, no one accepted the existence atoms, even though Democritus, Lucretius and other ancient philosophers described them.?Aristotle claimed matter was infinitely divisible and his view dominated for 2,000 years.

    Imagine you lived 1,000 years ago. What evidence could you provide to attest to the existence of atoms? How could you combine simple observations and mathematical thinking to resolve the question, without any modern equipment?

    ?

    Notes:

    I want to thank the Hicksville Gregory Museum and the RISD Nature Lab for access to some of the specimens shown.

    Richard Feynman?s exact statement:

    If, in some cataclysm, all of scientific knowledge were to be destroyed, and only one sentence passed on to the next generation of creatures, what statement would contain the most information in the fewest words? I believe it is the atomic hypothesis that all things are made of atoms ? little particles that move around in perpetual motion, attracting each other when they are a little distance apart, but repelling upon being squeezed into one another. In that one sentence, you will see, there is an enormous amount of information about the world, if just a little imagination and thinking are applied.

    From ?The Feynman Lectures on Physics,? 1964.

    Related:

    More videos from the?Mathematical Impressions series.

    Reprinted with permission from Simons Science News, an editorially-independent division of SimonsFoundation.org whose mission is to enhance public understanding of science by covering research developments and trends in mathematics and the computational, physical and life sciences.

    Source: http://rss.sciam.com/click.phdo?i=529210e38753be608e4ee4c8f3785a8d

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    Thursday, February 14, 2013

    US crude oil supplies rise by 600,000 barrels

    Crude supplies increased by 600,000 barrels, or 0.2 percent, to 696 million barrels, which is 9.8 percent above year-ago levels, the Energy Department?s Energy Information Administration said in its weekly report.

    Analysts expected an increase of 2.5 million barrels for the week ended Feb. 8, according to Platts, the energy information arm of McGraw-Hill Cos.

    Gasoline supplies shrank by 800,000 barrels, or 0.3 percent, to 232.2 million barrels. That?s 0.5 percent above year-ago levels. Analysts expected gasoline supplies to be unchanged.

    Demand for gasoline over the four weeks ended Feb. 8 was 4.4 percent higher than a year ago, averaging 8.4 million barrels a day.

    U.S. refineries ran at 83.8 percent of total capacity on average, down 0.4 percentage point from the prior week. Analysts expected capacity to fall to 83.5 percent.

    Supplies of distillate fuel, which include diesel and heating oil, fell by 3.7 million barrels to 125.9 million barrels. Analysts expected distillate stocks to decline by 1.6 million barrels.

    Source: http://feeds.boston.com/click.phdo?i=63d08ad233273676084c249e24e58217

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    Retail sales growth slows as higher taxes kick in

    WASHINGTON (Reuters) - Retail sales barely rose in January as tax increases and higher gasoline prices restrained spending, setting up the economy for only modest growth in the first quarter.

    The Commerce Department said on Wednesday retail sales edged up 0.1 percent after a 0.5 percent rise in December.

    The small increase suggested the expiration of a 2 percent payroll tax cut on January 1 and higher tax rates for wealthier Americans were hurting the economy.

    Still, economists said consumer spending was unlikely to buckle given rising home values, moderate job growth and rallying stock market prices. Stocks have surged in recent months partly on stronger than expected corporate earnings.

    The Standard & Poor's 500 index has gained 6.4 percent so far this year.

    "We are starting to see the impact of higher taxes, but we have a positive wealth effect from increasing house prices and a boost from equities," said Robert Dye, chief economist at Comerica in Dallas. "My expectation is that consumers are able to continue to increase spending but only moderately."

    So-called core sales, which strip out automobiles, gasoline and building materials and correspond most closely with the consumer spending component of gross domestic product, ticked up 0.1 percent.

    The S&P 500 briefly touched a five-year high during Wednesday's session before retreating to end little changed. Prices for U.S. government debt fell, while the dollar was flat against a basket of currencies.

    Consumer spending, which accounts for about 70 percent of the U.S. economy, grew at a 2.2 percent annual rate in the fourth quarter. That helped soften the blow to the economy from slower inventory accumulation and sharp cuts in defense spending.

    The government said last month that economic output slipped at a 0.1 percent rate in the final three months of 2012.

    However, the retail sales report showed core sales were a bit stronger in November and December than previously reported. In addition, businesses outside auto dealerships accumulated slightly more inventories in December than earlier thought.

    Taken together with a smaller trade deficit in December, the data suggested the government will raise its estimate for fourth-quarter gross domestic product growth when it publishes a revision later this month. Even so, the economy likely grew at under a 1 percent rate in the fourth quarter, economists said.

    SPENDING GROWTH MOMENTUM TO SLOW

    Consumer spending growth is expected to pull back from the fourth-quarter's clip as households adjust to smaller paychecks and gasoline prices march higher. Prices at the pump have increased 30 cents a gallon so far this year.

    Estimates for consumer spending growth in the first quarter currently range between 0.7 percent and 1.8 percent.

    While some economists were encouraged that consumers had maintained purchases despite a reduction in their disposable incomes, they cautioned sales could remain weak over the next months.

    "By no means are we completely out of the woods when it comes to the impact of higher taxes," said Michael Feroli, an economist at JPMorgan in New York. "Evidence from past episodes suggests it could take up to two quarters for spending to fully adjust to new tax realities."

    A softer pace of consumer spending is expected to limit GDP growth to a 1.8 percent rate this quarter, according to a Reuters poll of economists. For the year as a whole, economists expect growth of just 2.3 percent.

    A separate report from the Labor Department showed higher oil prices helped push up the cost of imported goods by 0.6 percent last month. Import prices had fallen by 0.5 percent in December.

    Still, non-petroleum import prices edged up just 0.1 percent in January and have risen just 0.2 percent over the past year, showing a lack of broad inflation pressure.

    The Federal Reserve is likely to take solace in the tame non-petroleum import price reading and continue with its bond-buying program for several more months. The Fed is buying $85 billion in bonds per month and has said it will continue with purchases until the labor market outlook improves substantially.

    Retail sales were mixed last month, with receipts at auto dealers slipping 0.1 percent after rising 1.2 percent in December. Excluding autos, retail sales increased 0.2 percent last month after advancing 0.3 percent in December.

    There was an increase in sales at building materials and garden equipment suppliers, reflecting gains in homebuilding as the housing market recovery shifts into higher gear.

    The impact of the tax increases was most evident in restaurants and bar sales, which were flat.

    "Dining out tends to be one of the first areas of spending to get cut from household budgets when finances get squeezed, said Ellen Zentner, a senior economist at Nomura Securities in New York.

    There were declines in sales at clothing and furniture stores. Sporting goods, hobby, book and music stores, as well as electronics and appliances stores showed gains in sales.

    (Additional reporting by Jason Lange; Editing by Andrea Ricci and James Dalgleish)

    Source: http://news.yahoo.com/retail-sales-growth-pauses-higher-taxes-kick-133234849--business.html

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