Aaron Swartz, Internet activist and programmer, dead at 26









Internet activist and computer prodigy Aaron Swartz, who helped create an early version of the Web feed system RSS and later played a key role in stopping an online piracy bill in Congress, has committed suicide at age 26, authorities said on Saturday.


Police found Swartz's body hanging in his Brooklyn apartment on Friday, according to the New York City Office of Chief Medical Examiner, which ruled the death a suicide.


Swartz, a native of north suburban Highland Park, is widely credited with being a co-author of the specifications for the Web feed format RSS 1.0, which he worked on at age 14, according to a blog post on Saturday from his friend Cory Doctorow.





RSS is a format for delivering to users content from sites that change constantly, such as news pages and blogs.


Online tributes to Swartz have been posted at a number of top websites in the technology world.


"Aaron had an unbeatable combination of political insight, technical skill and intelligence about people and issues," Doctorow wrote on his blog at Boing Boing.


Swartz also played a role in building the news sharing website Reddit, but left the company after it was acquired by Wired magazine owner Conde Nast.


In 2011, he was indicted on computer fraud and other charges related to the unauthorized download of academic journal articles at the Massachusetts Institute of Technology. He pleaded not guilty. His trial was due to start in April.


Doctorow wrote that Swartz had "problems with depression for many years."


Swartz himself described his struggles with dark feelings.


In an online account of his life and work, Swartz said he became "miserable" after going to work at the San Francisco offices of Wired after Reddit was acquired by Conde Nast.


"I took a long Christmas vacation," he wrote. "I got sick. I thought of suicide. I ran from the police. And when I got back on Monday morning, I was asked to resign."


Swartz later founded the group Demand Progress and led a successful campaign to block a bill introduced in 2011 in the U.S. House of Representatives called the Stop Online Piracy Act, which generated fierce opposition in the technological community.


The bill, which was withdrawn amid public pressure, would have allowed court orders to curb access to certain websites deemed to be engaging in illegal sharing of intellectual property.


Swartz and other activists objected on the grounds it would give the government too many broad powers to censor and squelch legitimate Web communication.


Swartz also had been a fellow at a Harvard University research lab on institutional corruption, according to his website.


Tim Berners-Lee, who is credited as the most important figure in the creation of the World Wide Web, commemorated Swartz in a Twitter post on Saturday.


"Aaron dead," he wrote. "World wanderers, we have lost a wise elder. Hackers for right, we are one down. Parents all, we have lost a child. Let us weep."


(Reporting by Alex Dobuzinskis in Los Angeles and P.J. Huffstutter in Chicago; Editing by Colleen Jenkins and Doina Chiacu)





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Oracle Corp to fix Java security flaw "shortly"


BOSTON (Reuters) - Oracle Corp said it is preparing an update to address a flaw in its widely used Java software after the U.S. Department of Homeland Security urged computer users to disable the program in web browsers because criminal hackers are exploiting a security bug to attack PCs.


"A fix will be available shortly," the company said in a statement released late on Friday.


Company officials could not be reached on Saturday to say how quickly the update would be available for the hundreds of millions of PCs that have Java installed.


The Department of Homeland Security and computer security experts said on Thursday that hackers figured out how to exploit the bug in a version of Java used with Internet browsers to install malicious software on PCs. That has enabled them to commit crimes from identity theft to making an infected computer part of an ad-hoc computer network that can be used to attack websites.


Java is a computer language that enables programmers to write software utilizing just one set of codes that will run on virtually any type of computer, including ones that use Microsoft Corp's Windows, Apple Inc's OS X and Linux, an operating system widely employed by corporations. It is installed in Internet browsers to access web content and also directly on PCs, server computers and other devices that use it to run a wide variety of computer programs.


Oracle said in its statement that the recently discovered flaw only affects Java 7, the program's most-recent version, and Java software designed to run on browsers.


Java is so widely used that the software has become a prime target for hackers. Last year, Java surpassed Adobe Systems Inc's Reader software as the most frequently attacked piece of software, according to security software maker Kaspersky Lab.


Java was responsible for 50 percent of all cyber attacks last year in which hackers broke into computers by exploiting software bugs, according to Kaspersky. That was followed by Adobe Reader, which was involved in 28 percent of all incidents. Microsoft Windows and Internet Explorer were involved in about 3 percent of incidents, according to the survey.


The Department of Homeland Security said attackers could trick targets into visiting malicious websites that would infect their PCs with software capable of exploiting the bug in Java.


It said an attacker could also infect a legitimate website by uploading malicious software that would infect machines of computer users who trust that site because they have previously visited it without experiencing any problems.


They said developers of several popular tools, known as exploit kits, used by criminal hackers to attack PCs, have added software that allows hackers to exploit the newly discovered bug in Java.


Security experts have been scrutinizing the safety of Java since a similar security scare in August, which prompted some of them to advise using the software only on an as-needed basis.


At the time, they advised businesses to allow their workers to use Java browser plug-ins only when prompted for permission by trusted programs such as GoToMeeting, a Web-based collaboration tool from Citrix Systems Inc.


Java suffered another setback in October when Apple began removing old versions of the software from Internet browsers of Mac computers after its customers installed new versions of its OS X operating system. Apple did not provide a reason for the change and both companies declined to comment at the time.


(Reporting by Jim Finkle; editing by Gunna Dickson)



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Armstrong to admit doping in Oprah interview


AUSTIN, Texas (AP) — Lance Armstrong will make a limited confession to doping during his televised interview with Oprah Winfrey next week, according to a person with knowledge of the situation.


Armstrong, who has long denied doping, will also offer an apology during the interview scheduled to be taped Monday at his home in Austin, according to the person who spoke on condition of anonymity because there was no authorization to speak publicly on the matter.


While not directly saying he would confess or apologize, Armstrong sent a text message to The Associated Press early Saturday that said: "I told her (Winfrey) to go wherever she wants and I'll answer the questions directly, honestly and candidly. That's all I can say."


The 41-year-old Armstrong, who vehemently denied doping for years, has not spoken publicly about the U.S. Anti-Doping Agency report last year that cast him as the leader of a sophisticated and brazen doping program on his U.S. Postal Service teams that included use of steroids, blood boosters and illegal blood transfusions.


The USADA report led to Armstrong being stripped of his seven Tour de France titles and given a lifetime ban from the sport.


Several outlets had reported that Armstrong was considering a confession. The interview will be broadcast Thursday on the Oprah Winfrey Network and oprah.com.


A confession would come at a time when Armstrong is still facing some legal troubles.


Armstrong faces a federal whistle-blower lawsuit filed by former teammate Floyd Landis accusing him of defrauding the U.S. Postal Service, but the U.S. Department of Justice has yet to announce if it will join the case. The British newspaper The Sunday Times is suing Armstrong to recover about $500,000 it paid him to settle a libel lawsuit.


A Dallas-based promotions company has threatened to sue Armstrong to recover more than $7.5 million it paid him as a bonus for winning the Tour de France.


But potential perjury charges stemming from his sworn testimony denying doping in a 2005 arbitration fight over the bonus payments have passed the statute of limitations.


Armstrong lost most of his personal sponsorship — worth tens of millions of dollars — after USADA issued its report and he left the board of the Livestrong cancer-fighting charity he founded in 1997. He is still said to be worth an estimated $100 million.


Livestrong might be one reason to issue an apology or make a confession. The charity supports cancer patients and still faces an image problem because of its association with its famous founder.


Armstrong could also be hoping a confession would allow him to return to competition in elite triathlon or running events, but World Anti-Doping Code rules state his lifetime ban cannot be reduced to less than eight years. WADA and U.S. Anti-Doping officials could agree to reduce the ban further depending on what new information Armstrong provides and his level of cooperation.


Armstrong met with USADA officials recently to explore a "pathway to redemption," according to a report by "60 Minutes Sports" aired Wednesday on Showtime.


___


AP Sports Columnist Jim Litke contributed to this report.


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Mike Tyson to punch up “Law & Order: SVU” with guest appearance






LOS ANGELES (TheWrap.com) – Mike Tyson is stepping into the ring with “Law & Order: SVU.”


The former boxing champ will guest-star on the NBC procedural drama next month, a spokeswoman for the network told TheWrap on Friday.






Tyson will play Reggie Rhodes, a murderer on death row who was victimized by a difficult childhood.


The episode is currently scheduled to air on February 13, just in time for Valentine’s Day.


Tyson has acted before, though he’s primarily played himself, perhaps most notably in “The Hangover” series of movies. (He’s also played onetime presidential candidate Herman Cain in a pair of short films.)


The role likely won’t be particularly challenging for Tyson, as he’s also spent time behind bars before, serving three years in prison for rape.


TV News Headlines – Yahoo! News





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Q&A: Scramble for vaccine as flu season heats up


WASHINGTON (AP) — Missed flu-shot day at the office last fall? And all those "get vaccinated" ads? A scramble for shots is under way as late-comers seek protection from a miserable flu strain already spreading through much of the country.


Federal health officials said Friday that there is still some flu vaccine available and it's not too late to benefit from it. But people may have to call around to find a clinic with shots still on the shelf, or wait a few days for a new shipment.


"We're hearing of spot shortages," said Dr. Thomas Frieden, director of the Centers for Disease Control and Prevention.


Colorado offers an example. Kaiser Permanente, which has 535,000 members in the state, stopped giving flu shots this week. But it expected to resume vaccinations when new shipments arrive, expected this weekend.


Some questions and answers about flu vaccines:


Q: Are we running out of vaccine?


A: It's January — we shouldn't have a lot left. The traditional time to get vaccinated is in the fall, so that people are protected before influenza starts spreading.


Indeed, manufacturers already have shipped nearly 130 million doses to doctors' offices, drugstores and wholesalers, out of the 135 million doses they had planned to make for this year's flu season. At least 112 million have been used so far.


The nation's largest manufacturer, Sanofi Pasteur, said Friday that it still has supplies of two specialty vaccines, a high-dose shot for seniors, and an under-the-skin shot for certain adults, available for immediate shipment. But it also is working to eke out a limited supply of its traditional shots — some doses that it initially hadn't packaged into syringes, said spokesman Michael Szumera. They should be available late this month.


And MedImmune, the maker of the nasal spray vaccine FluMist, said it has 620,000 extra doses available.


Q: Can't they just make more?


A: No. Flu vaccine is complicated to brew, with supplies for each winter made months in advance and at the numbers expected to sell. Although health officials recommend a yearly flu vaccination for nearly everybody, last year 52 percent of children and just 39 percent of adults were immunized. Most years, leftover doses have to be thrown out.


Q: Should I still hunt for a vaccine?


A: It does take two weeks for full protection to kick in. Still, health officials say it's a good idea to be vaccinated even this late, especially for older people, young children and anyone with medical conditions such as heart or lung diseases that put them at high risk of dangerous flu complications. Flu season does tend to be worst in January and February, but it can run through March.


Q: I heard that a new flu strain is spreading. Does the vaccine really work?


A: Flu strains constantly evolve, the reason that people need an updated vaccine every year. But the CDC says this year's is a good match to the types that are circulating, including a new kind of the tough H3N2 strain. That family tends to be harsher than other flu types — and health officials warned last fall that it was coming, and meant this winter would likely be tougher than last year's flu season, the mildest on record.


Q: But don't some people get vaccinated and still get sick?


A: Flu vaccine never is 100 percent effective, and unfortunately it tends to protect younger people better than older ones. But the CDC released a study Friday showing that so far this year, the vaccine appears 62 percent effective, meaning it's working about as well as it has in past flu seasons.


While that may strike some people as low, Frieden said it's the best protection available. "It's a glass 62 percent full," he said. "It's well worth the effort."


Q: What else can I do?


A: Wash your hands often, and avoid touching your eyes, nose and mouth. Viruses can spread by hand, not just through the air. Also, cough in your elbow, not your hand. When you're sick, protect others by staying home.


And people who are in those high-risk groups should call a doctor if they develop symptoms, added CDC spokesman Tom Skinner. They might be prescribed antiviral medication, which works best if given within the first 48 hours of symptoms.


___


AP Medical Writers Lindsey Tanner and Mike Stobbe contributed to this report.


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Globe-nominated foreign filmmakers discuss craft


LOS ANGELES (AP) — The makers of three Golden Globe- and Oscar-nominated foreign films shared the secrets of their craft — and admiration for one another — at the Hollywood Foreign Press Association's 10th annual Foreign Film Symposium.


Oscar-nominated Swedish filmmaker Lasse Hallstrom moderated the panel featuring "Kon-Tiki" directors Espen Sandberg and Joachim Roenning of Norway, "A Royal Affair" director Nikolaj Arcel of Denmark and Austrian director Michael Haneke, whose film "Amour" also earned Oscar nods for picture and director this week.


"It's been a very good week," Haneke said through an interpreter before Saturday's symposium on the Los Angeles campus of Loyola Marymount University.


Hallstrom, whose film "Salmon Fishing in the Yemen" is up for best picture at the Golden Globes, asked his filmmaking colleagues detailed questions about their approach to the craft during the 75-minute symposium. Do you rehearse scenes? Do you use editing to alter performances? Do you keep the camera rolling between takes? Do you act out the scenes in your head before directing your actors?


Haneke said he rarely rehearses his actors and doesn't allow them to improvise. Through storyboarding, he knows exactly where the performers need to be in each scene.


"Because I wrote it myself, I have to, in a way, act it out," he said. "Otherwise there would be nothing."


The other filmmakers said they also keep rehearsals to a minimum to preserve the spontaneity of the scenes.


Asked which contemporary filmmakers they admire, the 40-year-old Arcel pointed to Haneke and said, "This guy."


Sandberg, 41, and Roenning, 40, also said they've been inspired by their colleagues on stage.


"I'm sitting between Haneke and Hallstrom," Roenning said incredulously.


Haneke refused to answer, because he said whomever he neglects to mention would be upset.


The 70th annual Golden Globe Awards will be presented Sunday at the Beverly Hilton Hotel and broadcast live on NBC.


___


AP Entertainment Writer Sandy Cohen is on Twitter: www.twitter.com/APSandy .


___


Online:


www.goldenglobes.org


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The story behind Tribune's broken deal































































At the end of 2007, real estate tycoon Sam Zell took control of Tribune Co. in a deal that promised to re-energize the media conglomerate. But the company struggled under the huge debt burden the deal created, and less than a year later, it filed for bankruptcy.

One of Chicago's most iconic companies — parent to the Chicago Tribune — was propelled into a protracted and in many ways unprecedented odyssey through Chapter 11 reorganization.

On Dec. 31, after four years, Tribune Co. finally emerged from court protection under new ownership, but at a heavy cost. The company's value was diminished, its reputation was tarnished and its ability to respond to market opportunities during its long bankruptcy was constrained.

Tribune Co.'s bankruptcy saga began as an era of superheated Wall Street deal-making fueled by cheap money was coming to an end. The company's tale is emblematic of the American financial crisis itself, in which a seemingly insatiable appetite for speculative risk using exotic investment instruments helped trigger an economic collapse of historic proportions.

Tribune reporters Michael Oneal and Steve Mills, in a four-part series that begins today, tell the story of Tribune Co.'s journey into and through bankruptcy, throwing a spotlight on the key decisions and missed opportunities that marked a perilous time in the history of the company, the media industry and the economy.



Read the full story, "Part one: Zell's big gamble," as a digitalPLUS member.
To view videos and photos and for a look at the rest of the series visit, chicagotribune.com/brokendeal.





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Gary man sentenced to 80 years in abuse, death of son

Lake County Indiana Sheriff John Buncich and Bernard Eriks, grandfather of 13-year-old murder victim Christian Choate, talk about the sentencing of Riley Choate for the murder.









A Gary, Ind. man charged with keeping his 13-year-old son in a dog cage, then beating the boy to death and burying the body in a shallow grave near the family’s home in a trailer park was sentenced this morning to 80 years in prison.

Riley Choate, 40, entered a plea deal with Lake County, Ind., prosecutors this month with an agreed sentence that spares him some 40 years off the 120-year sentence he faced on charges tied to years of brutal abuse of his son, Christian, that led to the boy’s death in 2009.






The boy, who weighed less than 50 pounds when he died, had lived the last two years of his life confined to a 3-foot high dog cage, and was beaten regularly by his father.

“I can’t conceive of any set of facts charging neglect that could be any worse,” prosecutor Michael Woods said in court in Crown Point this morning.

Lake County Superior Court Judge Diane Boswell said there was plenty of blame to go around and several people had failed Christian.

“The pain and the suffering, the degradation this baby went through for two years of his life is incomprehensible,” Boswell said. “I can’t imagine any  circumstance when a parent would allow this.”

Choate addressed the judge briefly before the sentencing. “All my actions will haunt me forever. I loved my son,” he said.

Christian’s body was discovered by police investigators in 2011, after his older sister told relatives the boy had died two years earlier after Choate punched him repeatedly.

Choate and his wife, Kimberly Kubina, loaded the boy’s body into a tote, then buried him under concrete beneath a shed with a Bible laid across his chest. They told the other children — and, initially, police investigators -- that Christian had run away. The family moved to Kentucky not long after Christian died.

The sister, one of as many as 10 children living with Choate and his wife and co-defendant, Kimberly Kubina, in a single-wide trailer on the west side of Gary, had been removed from school in the Gary suburb of Merrillville in 2007 to be homeschooled. Kubina later admitted the children were pulled out of school because Choate’s abuse of the boy was escalating and Christian often was badly bruised.

The girl was charged with taking care of her brother, whom Choate and Kubina said had to be confined after he was caught “molesting” his younger step brother.

Christian initially was confined to a bedroom, then a bathroom, then was tied to a bed frame. After he managed to escape, he was locked in a dog cage they purchased from a neighbor. The boy was fed noodles twice a day, and given leftovers from dinner. The girl admitted she also beat and choked her brother regularly, and that she endured beatings at Choate’s hands as well.

Child welfare officials were infrequent visitors to the family’s trailer park, and had investigated abuse allegations against Choate involving children other than Christian. A neighbor said she twice called police, and in turn the Indiana Department of Child and Family Services, with concerns, but never saw an investigator enter the family’s trailer.

On April, 4, 2009, Christian’s sister told police the boy refused to eat, and an enraged Choate punched Christian “full force” several times in the head and threw him back into his cage, court records state. Christian died the following day. The Lake County coroner’s office listed the cause of death as blunt force trauma to the head, and a skull fracture.

Kubina, who divorced Choate from jail in 2011, entered a plea deal with prosecutors and agreed to cooperate in Choate’s prosecution. She is set to be sentenced in February on child neglect charges. She has told prosecutors she sometimes stopped Choate from beating Christian but never went to authorities to report the abuse because she feared losing custody of other children in the home.

Choate himself won custody of Christian and his sister in 2004. The children’s biological mother said she hadn’t seen the children since 2004.

Dennis Sullivan is a freelance reporter. Andy Grimm is a Tribune reporter.

agrimm@tribune.com

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Analysis: Nokia's results breakthrough buys it time and options


HELSINKI (Reuters) - Nokia's stronger-than-expected quarterly results mean the mobile phone maker now has breathing space and better options to help it claw back a place alongside Samsung and Apple in the smartphone market.


The Finnish handset maker, whose fall from market leader to loss leader was so bad its chief executive said two years ago it was on a "burning platform", may even be in a position to list or sell its Nokia Siemens Networks (NSN) arm at a premium, instead of having to auction assets cheaply as had been feared.


Nokia's improved performance also gives it time to carry on marketing the new Lumia handsets on which it is staking future smartphone success, which were launched in November and have recently gone on sale in crucial markets like China and India.


"Reasonable Lumia volumes and much better margins and guidance in devices could reframe the debate on the longterm sustainability of the handset manufacturing business," said Morgan Stanley analyst Francois Meunier.


NSN looks an attractive proposition both for public investors and private equity firms now that it is posting higher margins and profits on the back of cost cuts and improved sales of higher-margin network equipment gear to operators investing in faster 4G - "fourth generation" - wireless broadband.


NSN's underlying margin was between 13 and 15 percent in the third quarter, beating the forecast 8 percent and helping Nokia trounce market expectations when it posted numbers on Thursday.


Cash from the sale or listing of NSN could then be ploughed back in to investment in Lumia.


Michael Schroder at Finnish investment group FIM and other analysts estimate the business to be worth well above 5 billion euros, although Nokia owns only half of it and could also choose to retain a stake in it.


"A listing could happen sooner than markets expect," said Inderes analyst Mikael Rautanen, adding that he was surprised by the rapid turnaround at the unit which had been struggling to improve profitability. "Going back 6 months, no one would've believed it could have such good margins."


TIME TO GROW


Investors have been growing impatient in the two years since chief executive Stephen Elop announced Nokia's controversial switch to Microsoft Windows software with the statement that its home-grown platform was burning and a drastic change was needed.


With the two-year transition period identified then by Elop almost over, and Nokia's cash position worsening, some had started to make noises about Elop having to leave if no improvement could be identified soon.


Nokia's net cash fell to 3.6 billion euros in September from 4.2 billion in June. Its latest cash position, along with other final details of its fourth quarter results, is due January 24.


However analysts say Nokia's cash position is now less of a concern than a few months ago, helped also by an issuance of 750 million euros in convertible bonds. The company has also been hard at work selling off assets including its headquarters and pushing to win royalty payments on its vast patent portfolio.


Morgan Stanley's Meunier said the stronger performance may mean Nokia's liquidity improved by 550 to 650 million euros in the fourth quarter. He still recommends an "underweight" in the shares due to an uncertain earnings outlook.


If the market gains more confidence in the survival of Nokia's mobile phone business, analysts said, its shares could rise further.


Since Thursday's announcement, Nokia shares have jumped around 13 percent, but are still below some analysts' price targets.


The stock closed at 3.396 euros on Friday, below the 4.00 euro target by Nordea analyst Sami Sarkamies, who rates them a "buy".


Sarkamies has been studying various scenarios for Nokia's mobile phone business, ranging from a come-back in smartphones to worse outcomes. He said that even in the worst-case scenario of being forced to exit the mobile phone business by the strength of Google's Android phones, Nokia should be valued at 2.7 euros.


Sarkamies joked that Thursday's announcement was Nokia saying "leave me alone, I know what I'm doing" - a phrase coined by another Finnish great, Formula One driver Kimi Raikkonen last year as he brushed off his engineers' advice during the Abu Dhabi Grand Prix.


Raikkonen went on to win the race.



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Alabama's Lacy, Milliner, Fluker enter NFL draft


TUSCALOOSA, Ala. (AP) — Alabama tailback Eddie Lacy, cornerback Dee Milliner and right tackle D.J. Fluker are entering the NFL draft after helping lead the Crimson Tide to a second straight national title.


Lacy and Milliner announced their plans to skip their senior seasons Friday at a news conference. Fluker couldn't be there for the announcement because he was traveling.


It's another exodus of talented underclassmen for a team that has won three of the past four national championships. Most of the four first-round picks in each of the past two drafts that left Alabama were underclassmen.


"I appreciate what they've done for the University of Alabama but we also acknowledge the fact that from a business standpoint, these guys are making good decisions about their future and what they can do," coach Nick Saban said.


Unlike recent groups of departing juniors from Alabama, only Milliner is pegged as a sure first-round pick.


He was a Jim Thorpe Award finalist and unanimous All-American after recording two interceptions and 22 pass deflections. He and guard Chance Warmack, who was a senior, are projected as the Tide's top current prospects.


"I think while I was here, I met all the goals and team affirmations that I set for myself as a freshman by winning a championship, becoming an All-American, just being part of a team that always loved to win," Milliner said. "I think I fulfilled all my goals and am ready and prepared to go to the next level."


Lacy was MVP of the national championship game against Notre Dame after rushing for 140 yards and scoring two touchdowns. He said he wasn't 100 percent healthy all season until the title game Monday night, but Lacy still ran for 1,322 yards and 17 touchdowns while averaging 6.5 yards per carry.


"We don't have a lot of years to play this position, so you have to go while you can," Lacy said. "I would love to come back. This is a great place. We have the best fans, but I really didn't want to risk coming back and not having such a good year or maybe even risking injury. I've had my share of injuries this year. I feel like you've got to get out while you can."


Lacy thinks he "made a pretty solid statement" in the title game, when he made a spin move into the end zone on a TD catch and on another run pushed 248-pound linebacker Danny Spond away with one hand.


Lacy was recruited in the same class as Trent Richardson, last year's No. 3 pick by Cleveland, but redshirted and then spent two seasons as a backup. He's not widely projected to follow Richardson and 2009 Heisman Trophy winner Mark Ingram into the first round. Lacy said he was projected as a second- or third-round pick in feedback from the NFL, but was impressive in the finale. Ordinarily, Saban only recommends projected first-round picks leave early.


"I'm fully supportive of what Eddie's doing," Saban said. "It's a little bit of a different situation than we've had in the past, but it's a little bit unique as well. Every one of these situations is unique to that particular individual and what his situation is. "


The 6-foot-6, 335-pound Fluker started 35 games for the Tide and was a second-team Associated Press All-American.


He was one of the Tide's top-rated signees in 2009 but came in overweight at about 395 pounds and was redshirted.


"I certainly feel like this year has been his best year as a player, and I feel that he's made a good decision about what he wants to do," said Saban, adding that Fluker has improved as much as any player on the team.


The mammoth Fluker, who wears a size-22 shoe, said in a statement that leaving early "is never an easy decision when you are playing at a place like Alabama."


"''These four years in Tuscaloosa have been the best four years of my life and I appreciate everyone who helped me along the way," he said.


Quarterback AJ McCarron, All-America linebacker C.J. Moseley and guard Anthony Steen have already said they're returning for their senior seasons. Saban didn't rule out other juniors possibly declaring for the draft before Tuesday's deadline.


The Tide does have promising players who have logged plenty of playing time behind Lacy and Milliner, especially. Two freshmen — tailback T.J. Yeldon (1,108 yards, 12 touchdowns) — and cornerback Geno Smith saw significant action.


"You've got people that are going to go to the NFL each year and you've got people behind them that are going to do the same things when their time comes," Milliner said.


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ABC’s “Zero Hour” Will Conclude Conspiracies After Each Season






LOS ANGELES (TheWrap.com) – Paul Scheuring, the executive producer of ABC’s “Zero Hour,” says the conspiracy driving the new ABC drama will “100 percent” wrap up at the end of its first season.


Premeiring February 14, the show follows Anthony Edwards (“ER”) as the publisher of a magazine that investigates conspiracy theories. But after his wife (Jacinda Barrett) is abducted from her antique clock shop, Edwards’ character is pulled into one of the most compelling mysteries in human history. We don’t know exactly what that mystery is yet, but it involves clocks and Nazis.






Despite the massive scale of the tale, which stretches across the globe and back in time several centuries, season one’s storyline won’t be stretched across future seasons — a practice that Scheuring says leads to writers “flapping” their wings.


“One of the things I learned from ‘Prison Break’ and making a serialized show is that if you’re a single conceived show, like ‘Prison Break’ or ‘Lost,’” he said Thursday at the Television Critics Association winter press tour. “Sooner or later you start flapping your wings because a story needs to end.”


So instead of trying to “stretch, stretch, stretch, stretch” the narrative, Scheuring modeled the series like “24.”


“It’s like the ’24′ model where you reset every year,” he continued. “This entire Nazi conspiracy thing will be done by episode 13 this year.”


But just like Jack Bauer’s addiction to danger in “24,” the characters in “Zero Hour” will dive into another conspiracy if they’re lucky enough to return for a second season.


“We have a group of investigators, headed by Anthony, at the magazine which can then apply those skills to the next investigation,” Scheuring concluded.


TV News Headlines – Yahoo! News





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Flu season puts businesses and employees in a bind


WASHINGTON (AP) — Nearly half the 70 employees at a Ford dealership in Clarksville, Ind., have been out sick at some point in the past month. It didn't have to be that way, the boss says.


"If people had stayed home in the first place, a lot of times that spread wouldn't have happened," says Marty Book, a vice president at Carriage Ford. "But people really want to get out and do their jobs, and sometimes that's a detriment."


The flu season that has struck early and hard across the U.S. is putting businesses and employees alike in a bind. In this shaky economy, many Americans are reluctant to call in sick, something that can backfire for their employers.


Flu was widespread in 47 states last week, up from 41 the week before, the Centers for Disease Control and Prevention said Friday. The only states without widespread flu were California, Mississippi and Hawaii. And the main strain of the virus circulating tends to make people sicker than usual.


Blake Fleetwood, president of Cook Travel in New York, says his agency is operating with less than 40 percent of its full-time staff because of the flu and other ailments.


"The people here are working longer hours and it puts a lot of strain on everyone," Fleetwood says. "You don't know whether to ask people with the flu to come in or not." He says the flu is also taking its toll on business as customers cancel their travel plans: "People are getting the flu and they're reduced to a shriveling little mess and don't feel like going anywhere."


Many workers go to the office even when they're sick because they are worried about losing their jobs, says John Challenger, CEO of Challenger, Gray & Christmas, an employer consulting firm. Other employees report for work out of financial necessity, since roughly 40 percent of U.S. workers don't get paid if they are out sick. Some simply have a strong work ethic and feel obligated to show up.


Flu season typically costs employers $10.4 billion for hospitalization and doctor's office visits, according to the CDC. That does not include the costs of lost productivity from absences.


At Carriage Ford, Book says the company plans to make flu shots mandatory for all employees.


Linda Doyle, CEO of the Northcrest Community retirement home in Ames, Iowa, says the company took that step this year for its 120 employees, providing the shots at no cost. It is also supplying face masks for all staff.


And no one is expected to come into work if sick, she says.


So far, the company hasn't seen an outbreak of flu cases.


"You keep your fingers crossed and hope it continues this way," Doyle says. "You see the news and it's frightening. We just want to make sure that we're doing everything possible to keep everyone healthy. Cleanliness is really the key to it. Washing your hands. Wash, wash, wash."


Among other steps employers can take to reduce the spread of the flu on the job: holding meetings via conference calls, staggering shifts so that fewer people are on the job at the same time, and avoiding handshaking.


Newspaper editor Rob Blackwell says he had taken only two sick days in the last two years before coming down with the flu and then pneumonia in the past two weeks. He missed several days the first week of January and has been working from home the past week.


"I kept trying to push myself to get back to work because, generally speaking, when I'm sick I just push through it," says Blackwell, the Washington bureau chief for the daily trade paper American Banker.


Connecticut is the only state that requires some businesses to pay employees when they are out sick. Cities such as San Francisco and Washington have similar laws.


Challenger and others say attitudes are changing, and many companies are rethinking their sick policies to avoid officewide outbreaks of the flu and other infectious diseases.


"I think companies are waking up to the fact right now that you might get a little bit of gain from a person coming into work sick, but especially when you have an epidemic, if 10 or 20 people then get sick, in fact you've lost productivity," Challenger says.


___


Associated Press writers Mike Stobbe in Atlanta, Eileen A.J. Connelly in New York, Paul Wiseman in Washington, Barbara Rodriguez in Des Moines, Iowa, and Jim Salter in St. Louis contributed to this report.


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Kimmel says he expects to run 3rd in late night


LOS ANGELES (AP) — Jimmy Kimmel says he expects to settle in as the third-rated talk show host in late-night television, even as early ratings suggest he's very competitive in his new time slot.


ABC's funny man is finishing his first week in a new 11:35 p.m. time slot, competing directly with Jay Leno on NBC and David Letterman on CBS.


Kimmel said on Friday that "Jimmy Kimmel Live" has scheduled Matt Damon as a guest on Jan. 24. Kimmel has a long history with Damon, frequently joking at the end of his show that he ran out of time and couldn't get Damon on the air as planned.


Kimmel's show finished third in viewership Thursday but first in the youthful demographic ABC seeks.


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U.S. to review Boeing 787 design, safety

Two new incidents involving the Boeing 787 Dreamliner have been reported in Japan -- a crack in the cockpit and an oil leak. Norah O'Donnell reports.









The U.S. Federal Aviation Administration said Friday it will launch a high-priority and comprehensive review of Chicago-based Boeing's new 787's critical systems, following a rash of malfunctions this week, such as a battery fire and fuel leaks. However, federal transportation officials also supported Boeing, saying repeatedly that the plane is safe.

"We are confident about the safety of this aircraft," said Federal Aviation Administrator Michael Huerta, adding that a priority in the review will be the plane's electrical systems. He said he would not speculate on how long the review would take.


The review, an unusual move for the FAA that will not ground planes or halt production of new 787s, will examine the plane's design, manufacture and assembly, said U.S. Transportation Secretary Ray LaHood.








"Through it, we will look for the root causes of recent events and do everything we can to make sure these events don't happen again," he said. "I believe this plane is safe and I would have absolutely no reservation of boarding one of these planes and taking a flight."


Boeing shares were down 2.5 percent in midday trading to $75.15.


The announcement comes amid yet more reports Friday of problems with the highly anticipated "Dreamliner" jet, including a cracked cockpit window and another oil leak on a Japanese carrier. They add to a rash of other reported problems this week, most seriously a battery fire on a parked 787 in Boston, an incident under investigation by the National Transportation Safety Board.


The plane model is in use in Chicago for temporary United Airlines flights between Chicago O'Hare and Houston. Chicago-based United has five other 787s in service domestically. "We continue to have complete confidence in the 787 and in the ability of Boeing, with the support of the FAA, to resolve these early operational issues," a United spokeswoman said. "We will support Boeing and the FAA throughout their review."


Next week, LOT Polish Airlines plans to begin operating the region's first regular flight on a 787 between O'Hare and Warsaw, Poland. That inaugural flight is still planned for Wednesday, a spokeswoman said. All told, Boeing has delivered 50 Dreamliners to customers around the world, many to Japanese carriers.


Aviation experts have said the planes are safe and that glitches are common on new models of planes, especially ones as revolutionary as the 787, which uses mostly composite materials instead of metals to create an aircraft that's more lighter, more fuel-efficient and more comfortable for passengers. However, other observers have said the concentration of problems in a short period and the media attention they garner is damaging the reputation of Boeing, which was already under scrutiny for delivering the Dreamliner to customers more than three years late. The plane's list price is about $207 million.


The latest problems came Friday, when Japanese carrier All Nippon Airways said a domestic flight from Tokyo landed safely at Matsuyama airport in western Japan after a crack developed on the cockpit windscreen, and the plane's return to Tokyo was cancelled.


"Cracks appear a few times every year in other planes. We don't see this as a sign of a fundamental problem" with Boeing aircraft, a spokesman for the airline said. The same airline later on Friday said oil was found leaking from an engine of a 787 Dreamliner after the plane landed at Miyazaki airport in southern Japan. An airline spokeswoman said it later returned to Tokyo after some delay. No one was injured in either incident.


Boeing said Friday the 787 logged 50,000 hours of flight, with more than 150 flights occurring daily, and that its performance has been on par with the Boeing 777, which it calls "the industry's best-ever introduction" of a new airplane. "More than a year ago, the 787 completed the most robust and rigorous certification process in the history of the FAA," Boeing said in a statement. "We remain fully confident in the airplane's design and production system."


Ray Conner, president and chief executive officer of Boeing Commercial Airplanes, said Friday that the recent problems were not caused by Boeing's outsourcing of production or by ramping up production too quickly.


"We are fully committed to resolving any issue that affects the reliability of our airlines," he said.


gkarp@tribune.com

Reuters contributed
 
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'Lincoln' leads Academy Award contenders with 12 nominations








With a conspicuous diss of Kathryn Bigelow, the un-nominated director of “Zero Dark Thirty,” the Academy Awards nominations were announced Thursday morning.


“Zero Dark Thirty” was one of nine films given the best picture nomination nod. The others: “Beasts of the Southern Wild”; “Silver Linings Playbook”; “Lincoln”; “Les Miserables”; “Life of Pi”; “Amour”; “Django Unchained”; and “Argo.” With 12 nominations total, director Steven Spielberg’s “Lincoln” led this year’s pack, unusually full of films that have reached a broad mainstream audience. “Life of Pi” came in with 11 nominations; “Silver Linings Playbook” and “Les Miserables” received eight.


The best actress Oscar nominees include the oldest-ever performer in that category (Emmanuelle Riva, 85, for “Amour”) as well as the youngest (Quvenzhane Wallis, 9, “Beasts of the Southern Wild”). They’ll compete for the Feb. 24 Oscars against Naomi Watts (“The Impossible”), Jessica Chastain (“Zero Dark Thirty”) and Jennifer Lawrence (“Silver Linings Playbook”).






To the surprise of no one on this planet or any other, Daniel Day-Lewis led the best actor competition for “Lincoln.” His fellow nominees: Denzel Washington, “Flight”; Hugh Jackman, “Les Miserables”; Bradley Cooper, “Silver Linings Playbook”; and in the year’s most unsettling performance, Joaquin Phoenix, “The Master.”


“Silver Linings Playbook” fared well, against some predictions, scoring a supporting actor nomination for Robert De Niro and a supporting actress nod for Jacki Weaver. Other supporting actors nominated include Christoph Waltz for “Django Unchained”; Philip Seymour Hoffman, “The Master”; Alan Arkin, “Argo”; and Tommy Lee Jones,” Lincoln.” All have won Oscars before.


Along with Weaver, Sally Field received a supporting actress nomination, hers for “Lincoln.” The competition: Anne Hathaway, singing her guts out all the way to the podium on Feb. 24 (I’m guessing) for “Les Miserables”; Helen Hunt for “The Sessions” (more of a leading role, in fact); and Amy Adams as the Lady Macbeth of the action in “The Master.”


It’s a huge showing for “Beasts of the Southern Wild,” whose director, Benh Zeitlin, goes toe to toe against his fellow directing nominees David O. Russell (“Silver Linings Playbook”), Ang Lee (“Life of Pi”), Michael Haneke (“Amour”) and Spielberg. Along with “Zero Dark Thirty” director Bigelow, “Argo” helmer Ben Affleck, widely expected to be nominated ... wasn’t.






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Lumia sales lift Nokia results and turnaround hopes


HELSINKI (Reuters) - Nokia said strong sales of Lumia smartphones helped its mobile phone business achieve underlying profitability in the fourth quarter, raising hopes the struggling handset maker may be past the worst.


The Finnish company, which has been losing market share to Samsung and Apple, said the better-than-expected result was also helped by cost cuts, a stronger-than-expected performance from its Nokia Siemens Networks unit and 50 million euros ($65.2 million) in patent royalties.


The surprise announcement lifted the shares to nine-month highs and eased pressure on Chief Executive Stephen Elop, who has been trying to prove his February 2011 decision to switch to Microsoft Windows software was the right one.


Elop was seen to be running out of time after saying that the transition would take two years. Success of the high-end Lumia smartphones has been considered crucial for the company's survival, and investors had said Elop would need to quit or change strategy if sales did not pick up by early 2013.


"We're very pleased with the Lumia response," Elop told analysts, although he added that sales of the latest 920 models, which use the new Windows Phone 8 software, had been constrained by a shortage of supplies.


Nokia estimated fourth-quarter operating margin in its mobile phone business was between break-even to 2 percent. It previously forecast the margin to be around minus 6 percent.


Official results, including more details on its profit and cash position, are due on January 24.


Fourth-quarter net sales in devices and services were about 3.9 billion euros ($5.09 billion), Nokia said. It sold a total of 86.3 million devices. Smartphones accounted for 6.6 million units, of which 4.4 million were the Windows-based Lumia handsets.


Nokia shares rose 10.8 percent to 3.32 euros as some investors cheered the rare positive announcement from Nokia and traders scrambled to cover their short positions.


Nokia had 17 percent of shares out on loan, according to Markit data, making it one of the most "shorted" stocks in Europe.


STILL NEED EVIDENCE


The company said that conditions remained tough despite the stronger-than-expected fourth quarter, and forecast its margin to be around minus 2 percent in the first quarter of this year.


"We continue to operate in a competitive environment with limited visibility," Elop said.


Some analysts were skeptical about the success of the Lumia strategy. Nokia would not say how many of the Lumias it sold were the newest models rather than the heavily discounted ones launched earlier.


Many also noted Lumias sold in the fourth quarter still make up a small portion of global smartphone sales in the same period, estimated at over 200 million.


"4.4 million Lumias sold is not yet a promise of a turnaround," said Inderes analyst Mikael Rautanen, who had just downgraded the shares to "sell" on Tuesday.


Bernstein analyst Pierre Ferragu said he was still negative about the shares, rating them "underperform".


"Last year, in order to sustain Lumia volumes, Nokia had to cut prices very rapidly, driving gross margins close to zero. We believe this will repeat this year," he said.


Redeye analyst Greger Johansson said it was too early to call it a turnaround.


"They will have to prove a lot more until you can say that," he said. "I'm not still convinced that they are going to manage to succeed with those new smartphones. They have to sell a lot more in volumes until you can say that."


($1 = 0.7667 euros)


(Additional reporting by Terhi Kinnunen and Sudip Kar-Gupta; Editing by David Goodman and Sophie Walker)



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Researchers: NFL's Seau had from brain disease


When he ended his life last year by shooting himself in the chest, Junior Seau had a degenerative brain disease often linked with repeated blows to the head.


Researchers from the National Institutes of Health said Thursday the former NFL star's abnormalities are consistent with chronic traumatic encephalopathy, or CTE.


The hard-hitting linebacker played for 20 NFL seasons with San Diego, Miami and New England before retiring in 2009. He died at age 43 of a self-inflicted gunshot in May, and his family requested the analysis of his brain.


"We saw changes in his behavior and things that didn't add up with him," his ex-wife, Gina, told The Associated Press. "But (CTE) was not something we considered or even were aware of. But pretty immediately (after the suicide) doctors were trying to get their hands on Junior's brain to examine it."


The NIH, based in Bethesda, Md., studied three unidentified brains, one of which was Seau's, and said the findings on Seau were similar to autopsies of people "with exposure to repetitive head injuries."


"It was important to us to get to the bottom of this, the truth," Gina Seau added, "and now that it has been conclusively determined from every expert that he had obviously had CTE, we just hope it is taken more seriously. You can't deny it exists, and it is hard to deny there is a link between head trauma and CTE. There's such strong evidence correlating head trauma and collisions and CTE."


In the final years of his life, Seau had wild behavioral swings, according to Gina and to 23-year-old son, Tyler, along with signs of irrationality, forgetfulness, insomnia and depression.


"He emotionally detached himself and would kind of 'go away' for a little bit," Tyler Seau said. "And then the depression and things like that. It started to progressively get worse."


He hid it well in public, they said, but not when he was with family or close friends.


Seau joins a list of several dozen football players who were found to have CTE. Boston University's center for study of the disease reported last month that 34 former pro players and nine who played only college football suffered from CTE.


The NFL faces lawsuits by thousands of former players who say the league withheld information on the harmful effects of concussions. According to an AP review of 175 lawsuits, 3,818 players have sued. At least 26 Hall of Famer members are among the players who have done so.


The National Football League, in an email to the AP, said: "We appreciate the Seau family's cooperation with the National Institutes of Health. The finding underscores the recognized need for additional research to accelerate a fuller understanding of CTE.


"The NFL, both directly and in partnership with the NIH, Centers for Disease Control and other leading organizations, is committed to supporting a wide range of independent medical and scientific research that will both address CTE and promote the long-term health and safety of athletes at all levels."


NFL teams have given a $30 million research grant to the NIH.


The players' union called the NIH report on Seau "tragic."


"The only way we can improve the safety of players, restore the confidence of our fans and secure the future of our game is to insist on the same quality of medical care, informed consent and ethical standards that we expect for ourselves and for our family members," the NFLPA said in a statement.


"This is why the players have asked for things like independent sideline concussion experts, the certification and credentialing of all professional football medical staff and a fairer workers compensation system in professional football," it said.


Seau is not the first former NFL player who killed himself and later was found to have had CTE. Dave Duerson and Ray Easterling are the others.


Before shooting himself, Duerson, a former Chicago Bears defensive back, left a note asking that his brain be studied for signs of trauma. His family filed a wrongful-death suit against the NFL, claiming the league didn't do enough to prevent or treat the concussions that severely damaged his brain.


Easterling played safety for the Falcons in the 1970s. After his career, he suffered from dementia, depression and insomnia, according to his wife, Mary Ann. He committed suicide last April.


Mary Ann Easterling is among the plaintiffs who have sued the NFL.


Tyler Seau played football through high school and for two years in college. He says he has no symptoms of brain trauma.


"I was not surprised after learning a little about CTE that he had it," Tyler said. "He did play so many years at that level. I was more just kind of angry I didn't do something more and have the awareness to help him more, and now it is too late."


Gina Seau's son Jake, now a high school junior, played football for two seasons but has switched to lacrosse and has been recruited to play at Duke.


"Lacrosse is really his sport and what he is passionate about," she said. "He is a good football player and probably could continue. But especially now watching what his dad went through, he says, 'Why would I risk lacrosse for football?'


"I didn't have to have a discussion with him after we saw what Junior went through."


Her 12-year-old son Hunter has shown no interest in playing football.


"That's fine with me," she said.


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Depardieu skips court to set up Strauss-Kahn role






PARIS (Reuters) – French film star Gerard Depardieu skipped a court hearing on drink-driving charges on Tuesday as he pursued a headline-grabbing world tour that has seen him set up an alleged tax haven home in Belgium and pick up a passport in Russia.


The garrulous actor’s lawyer said he had missed the hearing in Paris because he was now in Montenegro for meetings about a film in which he will play disgraced former IMF chief Dominique Strauss-Kahn.






He was not obliged to attend the pre-trial hearing, but the no-show means the case will turn into a full trial, guaranteeing another day in the spotlight for Depardieu, already caught up in a public row with French authorities over his tax status.


It could also lead to the 64-year-old star of “Cyrano de Bergerac” and “Asterix and Obelix” getting a tougher sentence if convicted – in theory up to two years in prison.


“Despite wanting to be there and meet the judges and in no way to escape justice, Gerard Depardieu absolutely could not be present,” his lawyer Eric de Caumont told a scrum of reporters outside the Paris courtroom on Tuesday.


He said Depardieu was in Montenegro negotiating a deal for the film about Strauss-Kahn, who was seen as the next president of France until a U.S. sex scandal ended his career.


Depardieu also met Montenegrin Prime Minister Milo Djukanovic, who suggested he might become a cultural ambassador for Montenegro.


Asked if that meant he planned to add Montenegrin citizenship to his growing list, Depardieu said: “I’m not collecting passports …


“If I got a Montenegrin passport it would be without personal gain. But … I’m honored by the idea that I could be a Montenegrin cultural ambassador to the world.”


HIGH TAX POLICY


Depardieu’s actions have guaranteed international coverage of a high-tax policy by France‘s Socialist government that has seen a stream of wealthy citizens seek exile.


His purchase of a house in Belgium last month spurred accusations that he was trying to avoid tax.


Prime Minister Jean-Marc Ayrault called the move “pathetic” and unpatriotic, and Depardieu’s acceptance of a Russian passport last week provoked even fiercer charges that he had abandoned his homeland.


Russia has a flat income tax rate of 13 percent, compared to the 75 percent on income over 1 million euros ($ 1.32 million) that President Francois Hollande wants to levy in France.


Actor-director Mathieu Kassovitz, best known abroad for his role in the whimsical movie romance “Amelie”, said on Monday he understood those fleeing high taxes and that he also planned to quit France because of a lack of financing for films.


Depardieu denied on Monday that he was leaving France for tax reasons.


“I have a Russian passport, but I remain French and I will probably have dual Belgian nationality. But if I’d wanted to escape the taxman, as the French press say, I would have done it a long time ago,” he said.


Depardieu is a larger-than-life figure who began his long career playing thugs and drop-outs before moving on to leading-man roles in films like the romantic comedy “Green Card”.


The actor is accused of crashing his scooter in Paris with more than three times the legal limit of alcohol in his blood. No one else was injured in the accident.


By skipping the pre-trial hearing, he missed out on the chance to strike a bargain with prosecutors.


A few months before the scooter incident, a car driver accused Depardieu of assault and battery during an altercation in Paris. Last year, the actor outraged passengers on an Air France flight by urinating into a bottle in the aisle.


(Additional Reporting by Thierry Leveque and Catherine Bremer in Paris and Petar Komnenic in Podgorica; Editing by Mark John and Kevin Liffey)


Celebrity News Headlines – Yahoo! News





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Flu season strikes early and, in some places, hard


NEW YORK (AP) — From the Rocky Mountains to New England, hospitals are swamped with people with flu symptoms. Some medical centers are turning away visitors or making them wear face masks, and one Pennsylvania hospital set up a tent outside its ER to deal with the feverish patients.


Flu season in the U.S. has struck early and, in many places, hard.


While flu normally doesn't blanket the country until late January or February, it is already widespread in more than 40 states, with about 30 of them reporting some major hotspots. On Thursday, health officials blamed the flu for the deaths of 20 children so far.


Whether this will be considered a bad season by the time it has run its course in the spring remains to be seen.


"Those of us with gray hair have seen worse," said Dr. William Schaffner, a flu expert at Vanderbilt University in Nashville.


The evidence so far points to a moderate season, Schaffner and others say. It looks bad in part because last year was unusually mild and because the main strain of influenza circulating this year tends to make people sicker and really lay them low.


David Smythe of New York City saw it happen to his 50-year-old girlfriend, who has been knocked out for about two weeks. "She's been in bed. She can't even get up," he said.


Also, the flu's early arrival coincided with spikes in a variety of other viruses, including a childhood malady that mimics flu and a new norovirus that causes vomiting and diarrhea, or what is commonly known as "stomach flu." So what people are calling the flu may, in fact, be something else.


"There may be more of an overlap than we normally see," said Dr. Joseph Bresee, who tracks the flu for the Centers for Disease Control and Prevention.


Most people don't undergo lab tests to confirm flu, and the symptoms are so similar that it can be hard to distinguish flu from other viruses, or even a cold. Over the holidays, 250 people were sickened at a Mormon missionary training center in Utah, but the culprit turned out to be a norovirus, not the flu.


Flu is a major contributor, though, to what's going on.


"I'd say 75 percent," said Dr. Dan Surdam, head of the emergency department at Cheyenne Regional Medical Center, Wyoming's largest hospital. The 17-bed emergency room saw its busiest day ever last week, with 166 visitors.


The early onslaught has resulted in a spike in hospitalizations. To deal with the influx and protect other patients from getting sick, hospitals are restricting visits from children, requiring family members to wear masks and banning anyone with flu symptoms from maternity wards.


One hospital in Allentown, Pa., set up a tent this week for a steady stream of patients with flu symptoms. But so far "what we're seeing is a typical flu season," said Terry Burger, director of infection control and prevention for the hospital, Lehigh Valley Hospital-Cedar Crest.


On Wednesday, Boston declared a public health emergency, with the city's hospitals counting about 1,500 emergency room visits since December by people with flu-like symptoms.


All the flu activity has led some to question whether this year's flu shot is working. While health officials are still analyzing the vaccine, early indications are that it's about 60 percent effective, which is in line with what's been seen in other years.


The vaccine is reformulated each year, based on experts' best guess of which strains of the virus will predominate. This year's vaccine is well-matched to what's going around. The government estimates that between a third and half of Americans have gotten the vaccine.


In New York City, 57-year-old Judith Quinones suffered her worst case of flu-like illness in years and was laid up for nearly a month with fever and body aches. "I just couldn't function," she said.


She decided to skip getting a flu shot last fall. But her daughter got the shot. "And she got sick twice," Quinones said.


Europe is also suffering an early flu season, though a milder strain predominates there. Flu reports are up, too, in China, Japan, the West Bank, the Gaza Strip, Algeria and the Republic of Congo. Britain has seen a surge in cases of norovirus.


On average, about 24,000 Americans die each flu season, according to the CDC.


Flu usually peaks in midwinter. Symptoms can include fever, cough, runny nose, head and body aches and fatigue. Some people also suffer vomiting and diarrhea, and some develop pneumonia or other severe complications.


Most people with flu have a mild illness and can help themselves and protect others by staying home and resting. But people with severe symptoms should see a doctor. They may be given antiviral drugs or other medications to ease symptoms.


Flu vaccinations are recommended for everyone 6 months or older. Of the 20 children killed by the flu this season, only two were fully vaccinated.


___


AP Medical Writer Maria Cheng in London contributed to this report.


___


Online:


CDC flu: http://www.cdc.gov/flu/index.htm


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Source: Britney Spears out of 'X Factor'


LOS ANGELES (AP) — Britney Spears is out of "The X Factor" after a season in which the pop star failed to deliver a ratings boost for the singing contest, a person familiar with the show's plans said Thursday.


Creator Simon Cowell and fellow producers are discussing replacements for Spears and another panelist, record producer Antonio "L.A." Reid, said the person, who lacked authority to comment publicly and insisted of anonymity.


Reid previously announced he was leaving after two seasons. Demi Lovato appears likely to return, joining Cowell on the revamped panel. The show is due to return in the fall.


The departures are yet another shake-up for "The X Factor," Cowell's attempt to strike magic with a U.S. version of his successful U.K. series. Cowell replaced panelists Paula Abdul and Nicole Scherzinger and host Steve Jones after a disappointing first season, and ratings dropped in the second season.


The December season finale drew 9.7 million viewers, compared to about 11 million for the first year's season-ender. Although the series has failed to match Cowell's bold pre-debut predictions, and certainly hasn't eclipsed sister Fox show "American Idol," it's helped shore up the network's fall schedule.


Pop star Spears, however, proved less than a one-season wonder.


Combining fame and a history of erratic behavior, she was seen as a potential spark for better ratings. But reviewers faulted her for appearing inexpressive to the point of boredom and a repetitively dull use of the word "awesome."


On Tuesday, Fox network chief Kevin Reilly defended Spears, saying she was doing "a really good job" during a Q&A with the Television Critics Association.


"She came on, people remain fascinated with her and always will be," he said. "Maybe some people were waiting for more drastic displays of some nature that never came, so for those expecting that, it didn't happen."


Asked whether Fox would be on board to bring Spears back, Reilly replied "yeah" — this despite the fact producers have been talking since Christmas about substitutes for her and Reid.


Mario Lopez and Khloe Kardashian joined the show as co-hosts this season.


___


Online:


http://www.fox.com


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Jewel-Osco stores to be sold to Cerberus group

Jewel-Osco stores will be sold to a consortium of investors led by Cerberus Capital Management, Jewel's parent Supervalu said today. (WGN - Chicago)









Jewel-Osco stores will be sold to a consortium of investors led by Cerberus Capital Management, Jewel's parent Supervalu said Thursday.

The deal, valued at $3.3 billion, also includes the Albertsons, Acme, and Shaw stores.






The announcement ends months of speculation that all or parts of the troubled grocery chain would be sold to New York-based Cerberus, an investment firm. Supervalu acquired Jewel in 2006 as part of a larger, complex acquisition of the Albertsons company.

Supervalu also reported earnings of $16 million, or 8 cents per share, in the third quarter ended on Dec. 1, compared with a year-earlier loss of $750 million, or $3.54 per share.

Excluding an after-tax gain related to a cash settlement from credit card companies and after-tax charges primarily related to store closures, it earned $5 million, or 3 cents per share.

As part of the deal, which includes $100 million in cash and $3.2 billion in debt, the five grocery chains will be acquired by AB Acquisition, an affiliate of Cerberus. Other investors in the deal include Kimco Realty Corp, Klaff Realty, Lubert-Adler Partners and Schottenstein Real Estate Group.

Following the sale, which is expected to close in the spring, a newly formed entity called Symphony Investors, led by Cerberus, will purchase up to 30 percent of Supervalu's outstanding shares for $4 each, representing a 50 percent premium over the stock's 30-day average. If Symphony cannot acquire at least 19.9 percent of the outstanding shares at that price, Supervalu must issue additional stock.

Wall Street has long expected Eden Prairie, Minn.-based Supervalu to sell some or all of its assets.

Following the deal, Supervalu will consist of its wholesale grocery business, the Save-A-Lot discount chain, and traditional grocery chains like Cub, Shop N' Save and Hornbacher's.

In a call with investors, outgoing CEO Wayne Sales said the deal brings Supervalu "a very strong balance sheet," and the ability to focus on investments in price reductions, fresh produce, and customer experience at its remaining chains. 

The new company is smaller, "with more bandwidth and leadership" to focus on its wholesale business, Save-A-Lot, and its traditional grocery stores, he said.

Sam Duncan, 61, will replace Wayne Sales as CEO. Duncan was CEO of Office Max from 2005 to 2011, and prior to that, was CEO of ShopKo, a Midwestern grocery chain. Five unidentified board members will resign as part of the deal, making room for Duncan, Albertsons CEO Robert Miller, and three new appointees. The size of the board will shrink from 10 to seven.

Concurrent with the announcement, Supervalu announced that it has secured access to a $900 million asset-based credit facility, and a $1.5 billion loan.

This deal ends a long and difficult year for one of the country's largest grocers.

Last April, Supervalu reported a loss of $1.04 billion for fiscal 2012, which included a $519 million operating loss and $509 million in interest expense. Sales also declined 3 percent, to $27.9 billion. In July, the company said it was exploring strategic alternatives, including a sale. Soon after, the company dismissed CEO Craig Herkert, with Chairman Wayne Sales stepping in to helm the troubled grocer.

Cerberus, an investor in the deal to acquire Albertsons in 2006 was long seen as the leading candidate. Last week, rumors that Supervalu was near a deal with Cerberus sent stock soaring nearly 15 percent.

In September, Supervalu said it would 60 underperforming stores, primarily from the Save-A-Lot and Albertsons chains. No Jewel locations were identified at the time. The announcement was particularly troubling to investment community because Save-A-Lot, a hard discount chain, has been Supervalu's primary growth vehicle.

Supervalu has long acknowledged that many of its stores are not price competitive. In 2012, it homed in on Jewel-Osco and the Chicago market. Supervalu surveyed customers and lowered prices throughout the store. When the company reported results for its second fiscal quarter in September, (Supervalu CEO Wayne) Sales said that Jewel had been "competitively priced throughout the store" for about six weeks.

Sales said that the initiative had resulted in "dramatic improvement" in how consumers "think about the quality of products we sell, how they feel about the service they get in various departments" and that the company was pleased with increased unit sales.

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Hall of Fame pitches a shutout: No players elected

Steroid-tainted stars Barry Bonds, Roger Clemens and Sammy Sosa have been denied entry to baseball's Hall of Fame with voters failing to elect any candidates for only the second time in four decades. (Jan. 9)









Sammy Sosa, Barry Bonds and Roger Clemens finally faced a jury Wednesday that would decide whether they are worthy of the Hall of Fame, and the verdict was a resounding no: For the first time since 1996, no players were selected for induction.


Sosa, the former Chicago Cubs slugger, received only 12.5 percent of the vote, which keeps him on the ballot for at least one more year. Players with fewer than five percent fall off the ballot. Clemens was named on 37.6 percent of ballots and Bonds on 36.2 percent.


A Sosa representative said her client's only comment was that "it was an honor to be nominated" and he would be doing no interviews Wednesday.








The inclusion of the Steroids Era players on this year’s ballot overshadowed those who were thought to have the best chance of being voted into baseball’s hallowed shrine in Cooperstown: former Chicago White Sox outfielder Tim Raines, the Houston Astros’ long-time duo of Craig Biggio and Jeff Bagwell and All-Star pitcher Jack Morris.


Biggio was the top vote-getter with 68.2 percent, followed by Morris at 67.7, Bagwell at 59.6, Mike Piazza at 57.8 and Raines at 52.2. Induction requires 75 percent of the vote.


Also in contention was former Cubs closer Lee Smith, who was on the ballot for the 11th time but received only 47.8 percent of the vote.


Hall of Fame president Jeff Idelson acknowledged the awkwardness of the result.

"Obviously, no one in Cooperstown was rooting for a shutout, but we have a great respect for the process," Idelson said.

This Hall of Fame eligible class had received more attention than most because of the inclusion of Bonds, who won seven MVP awards; Clemens, who won seven Cy Young awards; and Sosa, who won a National League MVP award after his famous 1998 home run duel with the Cardinals’ Mark McGwire.


In a statement, Players Association Executive Director Michael Weiner called the results of the balloting "unfortunate, if not sad."

"Those empowered to help the Baseball Hall of Fame and Museum document the history of the game failed to recognize the contributions of several Hall of Fame worthy players," Weiner's statement read. "To ignore the historic accomplishments of Barry Bonds and Roger Clemens, for example, is hard to justify. Moreover, to penalize players exonerated in legal proceedings -- and others never even implicated -- is simply unfair.

"The Hall of Fame is supposed to be for the best players to have ever played the game. Several such players  were denied access to the Hall today. Hopefully this will be rectified by future voting.”


McGwire, the only one of those who publicly has acknowledged using performance-enhancing drugs, has failed seven times in his Hall of Fame election bid. Former Cub Rafael Palmeiro, who tested positive for a drug, has failed three times and received only 8.8 percent of the votes Wednesday.

The so-called Steroids Era has caused division within the electorate, comprised of 10-year members of the Baseball Writers Association. They historically have been very stingy with their votes, especially considering it takes 75 percent to be included in the summer induction ceremonies.


Here were the vote totals:

Craig Biggio 388 (68.2%), Jack Morris 385 (67.7%), Jeff Bagwell 339 (59.6%), Mike Piazza 329 (57.8%), Tim Raines 297 (52.2%), Lee Smith 272 (47.8%), Curt Schilling 221 (38.8%), Roger Clemens 214 (37.6%), Barry Bonds 206 (36.2%), Edgar Martinez 204 (35.9%), Alan Trammell 191 (33.6%), Larry Walker 123 (21.6%), Fred McGriff 118 (20.7%), Dale Murphy 106 (18.6%), Mark McGwire 96 (16.9%), Don Mattingly 75 (13.2%), Sammy Sosa 71 (12.5%), Rafael Palmeiro 50 (8.8%), Bernie Williams 19 (3.3%), Kenny Lofton 18 (3.2%), Sandy Alomar Jr. 16 (2.8%), Julio Franco 6 (1.1%), David Wells 5 (0.9%), Steve Finley 4 (0.7%), Shawn Green 2 (0.4%), Aaron Sele 1 (0.2%), Jeff Cirillo 0, Royce Clayton 0, Jeff Conine 0, Roberto Hernandez 0, Ryan Klesko 0, Jose Mesa 0, Reggie Sanders 0, Mike Stanton 0, Todd Walker 0, Rondell White 0, Woody Williams 0.


 dvandyck@tribune.com

Twitter @davandyck





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Google drops key patent claims against Microsoft


WASHINGTON (Reuters) - Google unit Motorola Mobility has asked a trade panel to drop two key patents from an infringement complaint that it filed against Microsoft, according to a filing at the International Trade Commission.


The ITC has been considering accusations by Motorola Mobility, which has since been purchased by Google, that Microsoft infringed on its patented technology to make its popular Xbox.


Google filed a motion with the ITC on Tuesday, asking that two patents be withdrawn from the case. One patent remains, according to the filing.


The withdrawal was required under an agreement that Google made with the Federal Trade Commission last week settling a pair of long-running antitrust investigations.


The FTC, U.S. Department of Justice and U.S. Patent and Trademark Office assert that companies should not request sales bans when filing patent infringement lawsuits based on patents that are essential to a standard in most cases. Standard essential patents ensure that devices are interoperable.


Microsoft identified the two patents withdrawn from the ITC case as standard essential patents.


"We're pleased that Google has finally withdrawn these claims for exclusion orders (sales bans) against Microsoft, and hope that it will now withdraw similar claims pending in other jurisdictions," David Howard, Microsoft's deputy general counsel, said in an emailed statement.


Google did not immediately respond to requests for a comment.


Microsoft said that standard essential patents had been asserted in cases in Wisconsin and Washington district courts, both of which have been stayed. Sales bans, or injunctions, were requested in both cases, Microsoft said.


The ITC is a popular venue for patent lawsuits because it can bar the importation of infringing products and because it issues decisions relatively quickly.


The International Trade Commission case is No. 337-752.


(Reporting By Diane Bartz; Editing by Maureen Bavdek)



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Bonds, Clemens rejected; no one elected to BB Hall


NEW YORK (AP) — Steroid-tainted stars Barry Bonds, Roger Clemens and Sammy Sosa were denied entry to baseball's Hall of Fame, with voters failing to elect any candidates for only the second time in four decades.


In a vote that keeps the game's career home run leader and one of its greatest pitchers out of Cooperstown — at least for now — Bonds received just 36.2 percent of the vote and Clemens 37.6 in totals announced Wednesday by the Hall and the Baseball Writers' Association of America, both well short of the 75 percent necessary. Sosa, eighth on the career home run list, got 12.5 percent.


"Curt Schilling made a good point, everyone was guilty. Either you used PEDs, or you did nothing to stop their use," Hall of Famer Mike Schmidt said in an email to The Associated Press. "This generation got rich. Seems there was a price to pay."


Bonds, Clemens and Sosa were eligible for the first time and have up to 14 more years on the writers' ballot to gain baseball's highest honor.


"After what has been written and said over the last few years I'm not overly surprised," Clemens said in a statement he posted on Twitter.


Craig Biggio, 20th on the career list with 3,060 hits, topped the 37 candidates with 68.2 percent of the 569 ballots, 39 shy of election. Among other first-year eligibles, Mike Piazza received 57.8 percent and Schilling 38.8.


Jack Morris led holdovers with 67.7 percent. He will make his final ballot appearance next year, when fellow pitchers Greg Maddux and Tom Glavine along with slugger Frank Thomas are eligible for the first time.


Two-time NL MVP Dale Murphy received 18.6 percent in his 15th and final appearance.


"With 53 percent you can get to the White House, but you can't get to Cooperstown," BBWAA secretary-treasurer Jack O'Connell said. "It's the 75 percent that makes it difficult."


It was the eighth time the BBWAA failed to elect any players. There were four fewer votes than last year and five members submitted blank ballots.


"It's a tough period for evaluation, that's what this chalks up to," Hall President Jeff Idelson said. "Honestly, I think that any group you put this to would have the same issues. ... There's always going to be discussion and concern about players who didn't get in, but at the end of the day it's a process and again, a snapshot in time isn't one year, it's 15 with this exercise."


Bonds, baseball's only seven-time Most Valuable Player, hit 762 home runs, including a record 73 in 2001.


"It is unimaginable that the best player to ever play the game would not be a unanimous first-ballot selection," said Jeff Borris of the Beverly Hills Sports Council, Bonds' longtime agent.


Clemens, the only seven-time Cy Young Award winner, is third in career strikeouts and ninth in wins.


"To those who did take the time to look at the facts," Clemens said, "we very much appreciate it."


Since 1961, the only years the writers didn't elect a candidate were when Yogi Berra topped the 1971 vote by appearing on 67 percent of the ballots cast and when Phil Niekro headed the 1996 ballot at 68 percent. Both were chosen the following years when they achieved the 75 percent necessary for election.


The other BBWAA elections without a winner were in 1945, 1946, 1950, 1958 and 1960.


"Next year, I think you'll have a rather large class and this year, for whatever reasons, you had a couple of guys come really close," Commissioner Bud Selig said at the owners' meetings in Paradise Valley, Ariz. "This is not to be voted to make sure that somebody gets in every year. It's to be voted on to make sure that they're deserving. I respect the writers as well as the Hall itself. This idea that this somehow diminishes the Hall of baseball is just ridiculous in my opinion."


Players' union head Michael Weiner called the vote "unfortunate, if not sad."


"To ignore the historic accomplishments of Barry Bonds and Roger Clemens, for example, is hard to justify. Moreover, to penalize players exonerated in legal proceedings — and others never even implicated — is simply unfair. The Hall of Fame is supposed to be for the best players to have ever played the game. Several such players were denied access to the Hall today. Hopefully this will be rectified by future voting."


Three inductees were chosen last month by the 16-member panel considering individuals from the era before integration in 1947: Yankees owner Jacob Ruppert, umpire Hank O'Day and barehanded catcher Deacon White. They will be enshrined during a ceremony in Cooperstown on July 28, when the Hall also will honor Lou Gehrig and Rogers Hornsby among a dozen players who never received formal inductions because of restrictions during World War II.


Bonds has denied knowingly using performance-enhancing drugs and was convicted of one count of obstruction of justice for giving an evasive answer in 2003 to a grand jury investigating PEDs. Clemens was acquitted of perjury charges stemming from congressional testimony during which he denied using PEDs.


Sosa, who finished with 609 home runs, was among those who tested positive in MLB's 2003 anonymous survey, The New York Times reported in 2009. He told a congressional committee in 2005 that he never took illegal performance-enhancing drugs.


The BBWAA election rules say "voting shall be based upon the player's record, playing ability, integrity, sportsmanship, character, and contributions to the team(s) on which the player played."


An Associated Press survey of 112 eligible voters conducted in late November after the ballot was announced indicated Bonds, Clemens and Sosa would fall well short of 50 percent. The big three drew even less support than that as the debate raged over who was Hall worthy.


Voters are writers who have been members of the BBWAA for 10 consecutive years at any point.


BBWAA president Susan Slusser of the San Francisco Chronicle said she didn't vote for Bonds, Clemens or Sosa.


"The evidence for steroid use is too strong," she said.


As for Biggio, "I'm surprised he didn't get in."


MLB.com's Hal Bodley, the former baseball columnist for USA Today, said Biggio and others paid the price for other players using PEDs.


"They got caught in the undertow of the steroids thing," he said.


Bodley said this BBWAA vote was a "loud and clear" message on the steroids issue. He said he couldn't envision himself voting for stars linked to drugs.


"We've a forgiving society, I know that," he said. "But I have too great a passion for the sport."


Mark McGwire, 10th on the career home run list, received 16.9 percent on his seventh try, down from 19.5 last year. He received 23.7 percent in 2010 — a vote before he admitted using steroids and human growth hormone.


Rafael Palmeiro, among just four players with 500 homers and 3,000 hits along with Hank Aaron, Willie Mays and Eddie Murray, received 8.8 percent in his third try, down from 12.6 percent last year. Palmeiro received a 10-day suspension in 2005 for a positive test for performance-enhancing drugs, claiming it was due to a vitamin vial given to him by teammate Miguel Tejada.


While there are exhibits about the Steroids Era at the Hall, the plaque room will remain without Bonds and Clemens, who join career hits leader Pete Rose on the outside looking in. There were four write-in votes for Rose, who never appeared on the ballot because of his lifetime ban that followed an investigation of his gambling while manager of the Cincinnati Reds.


Morris increased slightly from his 66.7 percent last year, when Barry Larkin was elected. Morris could become the player with the highest-percentage of the vote who is not in the Hall, a mark currently held by Gil Hodges at 63 percent in 1983.


Several players who fell just short in the BBWAA balloting later were elected by either the Veterans Committee or Old-Timers' Committee: Nellie Fox (74.7 percent on the 1985 BBWAA ballot), Jim Bunning (74.2 percent in 1988), Orlando Cepeda (73.6 percent in 1994) and Frank Chance (72.5 percent in 1945).


The ace of three World Series winners, Morris had 254 victories and was the winningest pitcher of the 1980s. His 3.90 ERA, however, is higher than that of any Hall of Famer.


___


AP Sports Writers Mike Fitzpatrick, John Marshall and Ben Walker contributed to this report.


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