Wednesday, November 30, 2011

Violence mars Black Friday shopping (AP)

SAN LEANDRO, Calif. – Black Friday's typical jostling and jockeying took a more ominous turn during this year's bargain-hunting ritual with a shooting, a pepper spraying and other episodes of violence that left several people injured.

In the most serious case, a robber shot a shopper who refused to give up his purchases outside a San Leandro, Calif., Walmart store, leaving the victim hospitalized in critical but stable condition.

Police in San Leandro, about 15 miles east of San Francisco, said the victim and his family were walking to their car around 1:45 a.m. Friday when they were confronted by a group of men who demanded their shopping items. When the family refused, a fight broke out, and one of the robbers pulled a gun and shot the man, said Sgt. Mike Sobek.

"The suspects saw these guys, got out of their car and tried to rob them but were unsuccessful," Sobek said.

At another Walmart in a wealthy suburb of Los Angeles, a woman trying to get the upper hand to buy cheap electronics unleashed pepper spray on a crowd of shoppers, causing minor injuries to 20 people, police said.

The attack took place about 10:20 p.m. Thursday shortly after doors opened for the sale at the Walmart in Porter Ranch in the San Fernando Valley.

The store had brought out a crate of discounted Xbox video game players, and a crowd had formed to wait for the unwrapping, when the woman began spraying people "in order to get an advantage," police Sgt. Jose Valle said.

Ten people were slightly injured by the pepper spray and 10 others suffered minor bumps and bruises in the chaos, Valle said. They were treated at the scene.

The woman got away in the confusion, but could face felony battery charges if found, Valle said.

Meanwhile, police in suburban Phoenix came under fire when a video was posted online showing a 54-year-old grandfather on the floor of a Walmart store with a bloody face, after police said he was subdued Thursday night trying to shoplift during a chaotic rush for discounted video games.

The video, posted on YouTube, shows Jerald Allen Newman unconscious and bloodied as outraged customers yell expletives and say "that's police brutality" and "he wasn't doing anything."

In a police report that redacted the names of officers and witnesses, Newman's wife and other witnesses said he was just trying to help his grandson after the boy was trampled by shoppers, and only put a video game in his waistband to free his hands to help the boy.

Larry Hall, assistant chief of Buckeye police, said Newman was resisting arrest and it appeared the officer acted within reason.

Hall said the officer decided to do a leg sweep and take him to the ground but the man unfortunately hit his head.

"The store was incredibly crowded, and I was concerned about other customers' safety," the officer wrote in his police report.

Hall said Newman, who had a bloody nose and received four stitches on his forehead, was booked on suspicion of shoplifting and resisting arrest.

In Sacramento, Calif., a man was stabbed outside a mall Friday in an apparent gang-related incident as shoppers were hitting the stores.

The victim was taken to a hospital with non-life-threatening injuries, police said.

The stabbing stemmed from a fight between two groups around 3 a.m. in front of a Macy's department store at the Arden Fair Mall.

No arrests have been made. Police were hoping surveillance video will help identify the suspects.

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Mindy McCready refutes reports she is missing, as she faces a court order calling on her to turn over her son
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    New giants among Macy's NYC parade balloons (AP)

    NEW YORK – A jetpack-wearing monkey and a freakish creation from filmmaker Tim Burton are two of the big new balloons that will make their inaugural appearances in front of millions of people at this year's Macy's Thanksgiving Day Parade.

    Paul Frank's Julius and Burton's B. join over a dozen other giant balloons, including fan favorites like Snoopy and Spider-Man, for Thursday's parade.

    Macy's parade also is expected to feature more than 40 other balloon creations, 27 floats, 800 clowns and 1,600 cheerleaders. Organizers say Mary J. Blige, Cee Lo Green, Avril Lavigne and the Muppets of Sesame Street will participate, some taking the stage at the end of the route in Herald Square and others performing on floats.

    Macy's says 3.5 million people will likely crowd the Manhattan parade route, while an additional 50 million watch from home.

    National Weather Service meteorologist Tim Morrin said a storm was expected to speed away by morning, leaving mostly sunny skies and 10 mph winds, well below city guidelines for grounding balloons.

    Parade spokeswoman Holly Thomas said officials were monitoring the weather.

    "The flight of our giant character balloons is based on real conditions about an hour before the parade begins and not advance forecasts," she said in an email. "There is no indication in any current weather models that the flight of these balloons will be affected."

    The parade begins at 77th Street and heads south on Central Park West to Seventh Avenue, before moving to Sixth Avenue and ending at Macy's Herald Square.

    The parade got its start in 1924 and included live animals such as camels, goats and elephants. It was not until 1927 that the live animals were replaced by giant helium balloons. The parade was suspended from 1942 to 1944 because rubber and helium were needed for World War II.

    Since the beginning, the balloons have been based on popular cultural characters and holiday themes. Returning favorites this year include Buzz Lightyear, Clumsy Smurf, SpongeBob SquarePants and Kermit the Frog.

    Also making their first appearances at this year's parade are a pair of bike-powered balloons, one featuring a bulldog character and an elf balloon designed by Queens resident Keith Lapinig, who won a nationwide contest.

    All the balloons are created at Macy's Parade Studio, and each undergoes testing for flight patterns, aerodynamics, buoyancy and lift.

    The helium giants were inflated Wednesday across the street from the western side of Central Park. Thousands of people, many families with children in tow, were drawn to the spectacle of the balloons lying as if asleep on the streets, held down by weighted nets.

    Standing in front of the famed Snoopy balloon, lying on its side, 8-year-old Emilio Rios said he was glad that there was something to keep the helium giant from getting away.

    "Otherwise, it would float up to space, and aliens would see it," he said. "They would be the ones with the parade."

    Nine-year-old Lindsay Ravetz said she loved seeing all the characters.

    "It's just, like, cool," she said.

    It was cool even for many of the adults. Leslie McCarthy, who said she's over 60, has been attending the parade since she was a little girl. And the excitement of seeing the big balloons hasn't worn off.

    "I used to think this parade was put on for me," the Brooklyn resident said.

    ___

    Follow Cristian Salazar at http://www.twitter.com/crsalazarAP

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    NBC apologizes to Bachmann for Fallon song choice (AP)

    ST. PAUL, Minn. – GOP Presidential candidate Michele Bachmann received an apology from an NBC executive after an off-color song was played during her appearance on Jimmy Fallon's "Late Night," her spokeswoman said late Wednesday.

    The Minnesota congresswoman received a personal letter from NBC's vice president for late night programming, Doug Vaughan, a day after she appeared on the show. As Bachmann walked onstage, the show's band had played a snippet of a 1985 Fishbone song entitled "Lyin' Ass B----."

    Vaughan wrote that the incident was "not only unfortunate but also unacceptable," Bachmann spokeswoman Alice Stewart told The Associated Press. She said Vaughn offered his sincerest apologies and said the band had been "severely reprimanded."

    Fallon also apologized to Bachmann when they spoke earlier Wednesday, she said. He'd tweeted earlier, saying he was "so sorry about the intro mess."

    "He was extremely nice and friendly and offered his apology, and she accepted it," Stewart said, adding that the comedian said he was unaware the band planned to play the song. "It's just unfortunate that someone had to do something so disrespectful."

    Bachmann lashed out earlier Wednesday at NBC for not apologizing or taking immediate disciplinary action. In her first comments on the flap, Bachmann said on the Fox News Channel that the Fallon show band displayed sexism and bias by playing the song.

    "This is clearly a form of bias on the part of the Hollywood entertainment elite," Bachmann said. She added, "This wouldn't be tolerated if this was Michelle Obama. It shouldn't be tolerated if it's a conservative woman either."

    She went further on a national radio conservative radio show hosted by Michael Medved, calling the incident "inappropriate, outrageous and disrespectful."

    On Fox, Bachmann expressed surprise that she's heard nothing from the TV network. She suggested that discipline for the show's band, The Roots, was in order. She said she believed Fallon's comments to be sincere.

    One of Bachmann's congressional colleagues, New York Democrat Nita Lowey, had called on NBC to apologize for its "insulting and inappropriate" treatment of its guest.

    An NBC spokeswoman didn't return a phone message from The Associated Press.

    The Roots' bandleader, Ahmir "Questlove" Thompson, has said the song was a "tongue-in-cheek and spur-of-the-moment decision."

    Bachmann, who is lagging in presidential polls, has spent the week promoting her new autobiography in national television interviews.

    ___

    AP Television Writer David Bauder in New York and Associated Press writer Erin Gartner in Chicago contributed to this report.

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    How RunKeeper Could Become the Facebook of Fitness

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    How RunKeeper Could Become the Facebook of Fitness

    RunKeeper's new Health Graph may change the way you look at personal fitness.

    In a few short years, fitness has become so much more than just recording how many calories you burn or how many miles you run. There are mobile apps and standalone gadgets that’ll monitor your heart rate, how many hours you slept, the number of steps you take at work and so on.

    Now RunKeeper, the company behind one of the original health and fitness apps for the iPhone, has revealed an ambitious new plan that it hopes will make it the Facebook of fitness, a one-stop location for all of your important health information. Imagine having data on your blood pressure, cholesterol, diet, cycling output, heart rate, REM sleep and BMI, all continuously updated from a slew of third-party gadgets and services.

    If Facebook tells you everything about what’s happening with your friends, RunKeeper wants you to know everything that’s going on in your body.

    ‘Aggregating the world’s health information is where we ultimately want to head.’

    Tucked away in Boston’s South End neighborhood, the 11-person, 3-year-old startup announced this morning that users may now see all their health and fitness data points aggregated together into a Health Graph, an interactive graphical representation of their workouts over time and how they compare to friends in their FitnessFeed, akin to Facebook’s News Feed or your standard Twitter stream.

    More over, RunKeeper has also released an open API for outside developers to plug into RunKeeper users’ feeds, like so many various Twitter clients and Facebook partners. FourSquare, Zeo and Polar are just a few of the launch partners being announced today.

    But with an open API setup, RunKeeper cofounder Jason Jacobs expects a steady stream of new additions to the FitnessFeed every week. And with more partners feeding health data into RunKeeper, that means more useful information for the site’s 6 million-plus users.

    “It became clear that no one was pushing us harder than our community to enable them to get a holistic view of their health in one place,” RunKeeper cofounder Jason Jacobs told Wired.com. “If someone gains 10 pounds, it’s not just the food they eat or how much exercise. There are all these different drivers. Who’s peeled back the onion to start to understand what those factors are for you as an individual?

    “Nobody has ever had all this information in one place before to be able to make sense of it.”

    RunKeeper's Health Graph functionality will log a complete, personalized history of your workout regimen.

    The Health Graph and its corresponding API is the result of a 15-month development overseen by Mike Sheeley, RunKeeper’s other cofounder. It’s an idea that sprung up after RunKeeper partnered up with Withings, which manufactures a $160 Wi-Fi-connected body scale.

    “We had started to collect weight and body fat percentage, and as soon as we integrated with Withings, all of our users were saying, ‘Well, there’s this other scale and there’s one for heart rate and so on,’” Sheeley told Wired.com. “From a technical standpoint, we looked at our database where we were storing all of our data and we knew that if this was going to continue, we had to think about how we should store it, collect it and actually structure it so that it makes sense.”

    A preview of RunKeeper's new and enhanced FitnessFeed

    Jacobs sees the Health Graph — and its inevitable growth from the open API — as a significant step toward connecting all the relevant health points in your life, from working out to your regular physician checkups.

    “You have one Health Graph and when you go to the gym, your program is based on the graph that the trainer can know about you, and then the exercise you do will feed back into the graph,” Jacobs said. “When you run a race or when you go to a doctor, same thing.”

    Since its earliest days, RunKeeper has battled fitness giants like Nike for positioning among consumers looking to shed pounds and lead a healthier life. RunKeeper was actually one of the first iPhone apps available in Apple’s App Store, beating even Nike+ to release. (At the point, Nike+ was still a web-based service that required a dongle on your shoe and specialized sensor plugged into your iPod.) Since then, RunKeeper has formed partnerships, one at a time, with various companies, including Garmin and Fitbit.

    RunKeeper has seen two rounds of funding to date, totaling some $1.5 million in seed money, but Jacobs says they “haven’t touched a dime,” even while developing the Health Graph and scaling up operations to handle more than 6 million users with no service outages, although “there have been scaling issues and scaling isn’t something that you ever really solve,” Sheeley said.

    ‘Nobody has ever had all this information in one place before to be able to make sense of it.’

    Still, the upwards curve can’t be denied, as RunKeeper has more than doubled its user base since last November (when it had 2.5 million) without making a single withdrawal from its nest egg. That’s owed to the success of its Elite subscriptions, which cost $20 a year and offer users the ability to broadcast their runs live and get access to more detailed fitness reports. Jacobs actually receives an email every time a RunKeeper user decides to go Elite, so we can guess that he’s been getting a lot of emails over the past year, keeping both his investors happy and the RunKeeper operation lean and efficient.

    Another move, which could’ve easily backfired, was when Jacobs announced last December that the company’s flagship app, the $9.99 RunKeeper Pro and one of the highest-grossing apps in App Store history, would be made free for a month, a seemingly perfect promotional move to capitalize on people’s New Year’s resolutions to get more fit.

    But as the window was set to close, Jacobs dropped another bombshell: RunKeeper Pro would continue to be free permanently. At $10 a pop down suddenly going for nothing, it’s understandable that RunKeeper’s investors, who had just ponied up $1.1 in seed money, would be a tad nervous, but Jacobs now says the move was liberating for RunKeeper’s dev team: “We saw that setting it free would be a catalyst to making everything that we wanted to happen, happen faster.”

    While the RunKeeper Health Graph fulfills a significant part of the company’s long-term plans, users and investors will be watching closely as the company moves to announce more initiatives later this year.

    “Aggregating the world’s health information is where we ultimately want to head,” Jacobs said. “We looked at the landscape of everything we don’t yet integrate with and realized that the more inputs that come into the system, the more powerful the system becomes.”

    Erik is the editor of Playbook, Wired.com's sports blog. He's also the managing editor of Longshot and a contributor to Pop-Up Magazine.
    Follow @erikmal and @wiredplaybook on Twitter.

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    Verizon Ban on 4G Tethering Apps Violates Openness Rule: Complaint

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    Verizon Ban on 4G Tethering Apps Violates Openness Rule, Complaint Alleges

    An activist group asked federal regulators Monday to require Verizon to allow its Android customers to use their 4G smart phones as modems for other devices, citing openness rules the carrier agreed to when it bought the spectrum in 2008.

    FreePress, an online rights group that supports net neutrality, argues that the nation’s largest wireless carrier asked Google to remove so-called tethering apps from the Android Market — because Verizon wants to charge $20 a month for subscribers to use their phone as an ad hoc modem.

    FreePress says that request violates the openness rules that the FCC attached to the so-called C Block spectrum that Verizon bought at auction in 2008. Those rules require that Verizon allow users to use the devices, services and apps of their choice, without interference from the carrier.

    While Google long championed net neutrality rules, the search giant has consistently bowed to carrier’s requests to remove tethering apps from the Android Market. Users who “root” their phones can install such apps on their own, but rooting phones invalidates the warranty. Carriers are also starting to investigate user’s mobile traffic to spot and cut off those who use tethering apps without paying a premium.

    The complaint is the first test of the unprecedented openness rules the FCC imposed on mobile phone spectrum in 2008, largely thanks to the lobbying of Google, which was trying to counter the power of telecoms and Apple. Since then Google has partnered closely with its former adversaries and has remained strangely silent on the openness rules it gambled $4.6 billion on.

    If the FCC does investigate and prohibit the blocking of applications in online markets not directly controlled by the carrier, it will throw significant doubt onto the still open question of whether Verizon can ever sell an iPhone that works on its 4G network.

    “In Verizon?s case, limiting access to tethering applications is not just a bad business practice and a bad policy choice; it also deliberately flouts the openness conditions imposed on Verizon?s LTE spectrum,” the complaint reads. “When Verizon purchased the spectrum licenses associated with its LTE network, it agreed that it would not ‘deny, limit, or restrict’ the ability of its users to access the applications and devices of their choosing.”

    The FCC has subsequently moved to impose net neutrality rules on all the mobile spectrum it has leased to telecoms, but the rules are not yet in force and are weaker than those it imposed on the so-called C-Block. Verizon attempted to block the C-Block rules in court, but ultimately, pledged to abide by them and $4.75 billion to acquire the rights to the very valuable C-Block frequencies that travel far and penetrate walls well.

    Verizon, which just got the iPhone earlier this year, only uses the 4G spectrum for non-Apple devices, such as the Android-powered Thunderbolt, which has wickedly fast 4G speeds. However, as of just a few weeks ago, Verizon’s 4G customers using Android devices could no longer see nor download tethering applications in the Android market, though neither Google nor Verizon explained why that happened.

    The FCC does not generally announce whether it opens an investigations following a complaint.

    Verizon did not immediately respond to a request for comment.

    A Verizon-powered Android phone. Eliu500

    Ryan Singel covers tech policy, broadband, search and social networking for Wired.com.
    Follow @rsingel and @epicenterblog on Twitter.

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    Egypt military rulers reject calls to step down (AP)

    CAIRO – Egypt's military rulers rejected protester demands for them to step down immediately and said Thursday they would start the first round of parliamentary elections on time next week, despite serious unrest in Cairo and other cities.

    The ruling military council insisted it is not the same as the old regime it replaced, but the generals appear to be on much the same path that doomed Hosni Mubarak nine months ago — responding to the current crisis by delivering speeches seen as arrogant, mixing concessions with threats and using brutal force.

    So far it's working no better than it did under the former leader.

    Protesters in Cairo's Tahrir Square, seething over the military's perceived failings over the past nine months, say they will not leave the iconic plaza until the generals step down in favor of a civilian presidential council, a show of resolve similar to that which forced Mubarak to give up power in February after nearly three decades.

    "What we want to hear is when they are leaving," said Tahrir protester Khaled Mahmoud on hearing of an apology offered by the military for the deaths of nearly 40 protesters since Saturday. "The ouster of the marshal is only a matter of time," he added, referring to Field Marshal Hussein Tantawi, who was Mubarak's defense minister for 20 years before he succeeded him in February.

    "There will be no postponement in the election," said Maj. Gen. Mamdouh Shaheen, one of two members of the ruling military council who spoke at a televised news conference on Thursday. "The election will be held on time with all of its three stages on schedule."

    The two generals said the throngs in Tahrir do not represent the whole of Egypt and warned of chaos if the council was to immediately step down, language similar to Mubarak's scare-mongering while trying to cling to power in the face of the 18-day uprising against his rule.

    The two generals — Shaheen and Maj. Gen. Mukhtar el-Malla — also said that parliamentary elections would start on time Monday and that a new prime minister to replace Essam Sharaf would be picked before the vote.

    News reports that were not yet officially confirmed said Kamal el-Ganzouri, who served as prime minister under Mubarak in the 1990s, has been approached by the military as a possible candidate for prime minister. State television showed footage of el-Ganzouri meeting with Tantawi. If confirmed, el-Ganzouri would replace Essam Sharaf, whose government resigned this week.

    Tahrir Square, meanwhile, was quieter Thursday after five days of intense clashes. Police and protesters agreed to a truce negotiated by Muslim clerics at the scene. At the same time, soldiers built barricades from metal bars and barbed wire to separate the protesters and the police on streets-turned-battlefields leading from Tahrir to the nearby Interior Ministry.

    Protesters formed a series of human chains on the those streets to prevent anyone from violating the truce or approaching flashpoint areas close to the police lines. The truce came into force around 6 a.m. and was holding by nightfall.

    The two generals from the ruling council who spoke attempted a revision of recent history to fend off calls for the military to step down.

    They said their legitimate claim to power came when troops were warmly welcomed by Egyptians at the time they took over the streets from the discredited police early in the anti-Mubarak uprising. The legitimacy of their rule was reinforced by the overwhelming endorsement Egyptians gave to constitutional amendments they proposed and put to a referendum in March, they said.

    "Consequently, it will be a betrayal of the people's trust if the military council was to relinquish power now," Shaheen said. "History will not kindly remember that."

    El-Mallah, addressing the same news conference, said the military respected the views of the Tahrir protesters, but they did not represent the whole of Egypt.

    "We will not relinquish power because a slogan-chanting crowd said so. ... Being in power is not a blessing. It is a curse. It's a very heavy responsibility."

    Activists blame the military council for the country's persistently tenuous security and its growing economic woes, along with a host of other failings.

    They say the council has been secretive, issuing cryptic decrees, cracking down on critics and seeking to discredit groups behind the anti-Mubarak uprising and turn the public against them. It has put at least 12,000 civilians on trial before military tribunals and is accused of torturing detainees.

    The military's standing as the nation's most upright institution was dealt a heavy blow by clashes during a Coptic Christian protest on Oct. 9 in which 27 people died, most of them Christians. Video showed soldiers running down demonstrators with armored vehicles. The military tried to deny its troops opened fire or intentionally ran over protesters, blaming the violence on Christians and "hidden hands."

    A coalition of more than 20 youth groups and political parties, responding to the comments made by Shaheen and el-Mallah, accused the military of spreading "misinformation" and pledged to continue their sit-in until it transfers power to a "national salvation" government to oversee elections for a new parliament and president.

    "We are determined to protect our (January) revolution," they said in a statement that also disputed the assertion by the two generals that the March referendum gave legitimacy to the military's rule.

    The military has been Egypt's most powerful institution since army officers seized power in a 1952 coup that toppled the monarchy. All four presidents since then hailed from military background. Taking the reins from Mubarak on Feb. 11 gave the military the opportunity to directly rule Egypt for the first time since the early 1950s, something that critics often cite to explain their political inexperience.

    With Mubarak under arrest and being tried on crimes punishable by death, Tantawi and his generals would be loath to step down under pressure and leave themselves vulnerable to legal proceedings by the next administration. Additionally, stepping down would inflict lasting damage to the military's standing, although that has already been hurt by the scathing criticism and ridicule they already have endured on the streets and in the independent press.

    Perhaps as a precaution against such a prospect, the generals have been trying to win immunity for the armed forces against civilian oversight and to enshrine a role for themselves in the next constitution as guardians of the nation. The bid was seen as one of the final straws that sent people out onto the streets again, convinced the military was trying to grab and cling to power.

    The military has countered the criticism with implicit threats, frequently using the patriotism card and insisting that they have no wish to stay in power beyond the election of a new president before the end of June 2012.

    "O glorious people of Egypt, our only loyalty in the armed forces is to you and the soil of Egypt," Tantawi told the nation this week in a televised address. "Criticism directed at the Supreme Council of the Armed Forces (the formal name of the military's ruling council) aims at weakening our will and mandate and seeks to undermine the great trust between the people and their armed forces," said Tantawi, whose address bore a striking resemblance to speeches given by Mubarak during the January-February uprising.

    The two generals also praised the police for what they said was their restraint and said they have every right to defend themselves, but acknowledged they made mistakes while handling the protesters. They said nothing about witness reports that members of he military police also battled protesters alongside the hated police in the latest clashes.

    They appeared to try to drive a wedge between the protesters, addressing those camping out in Tahrir square as "honorable" while criticizing others who battled the police for five days on nearby side streets.

    The military, said the two generals, would return to their barracks if only Egyptians voted in favor of that move in a referendum or when an elected civilian administration was in place. The idea of holding a referendum on the military immediately stepping down was first floated by Tantawi on Tuesday.

    The military's defiance in the face of popular opposition to its rule comes as more and more protesters in Cairo and elsewhere in Egypt blame the army and the much hated police equally for the death of nearly 40 protesters since the clashes broke out on Saturday. At least 2,000 others have been wounded. The military is also accused of remaining loyal to Mubarak, having put him under arrest and on trial only when large protests pressured them to do so.

    "The army is now operating like the police, a tool of suppression," said protester Mayada Khalaf. "With all these lies from the army, it is like they are sticking their tongues out at us."

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    Senate Confirms Former RIAA Lawyer for Solicitor General

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    Senate Confirms Former RIAA Lawyer for Solicitor General

    The Senate late Monday confirmed former Recording Industry Association of America lawyer Donald Verrilli Jr.to serve as the nation?s solicitor general.

    Verilli, the White House deputy counsel, assumes the powerful position left vacant by Elena Kagan, who was elevated to the Supreme Court last year. The vote was 72-16 after lawmakers brokered a last-minute deal to avoid a threatened filibuster.

    The solicitor general is charged with defending the government before the Supreme Court, and files friend-of-the court briefs in cases in which the government believes there is a significant legal issue. The office also determines which cases it will bring to the Supreme Court for review. Verrilli had told senators that he would resign if Obama asked him to take a position “based on partisan political considerations or other illegitimate reasons.”

    Verrilli, one of at least five former RIAA attorneys appointed to the administration, is best known for leading the recording industry’s legal charge against music- and movie-sharing site Grokster. That 2003 case ultimately led to Grokster’s demise, when the U.S. Supreme Court sided with a lower court?s pro-RIAA verdict. Grokster produced a legal foundation which the RIAA used against file sharing service LimeWire, which shuttered last year and agreed to pay the labels $115 million to settle a lawsuit.

    The elevation comes as lawmakers are moving to bolster copyright laws,�and as federal authorities employ�constitutionally suspect measures toward that end.

    Until recently, Verrilli also was leading Viacom’s ongoing and flailing $1 billion copyright-infringement fight against YouTube.

    A court dismissed the case last year, a decison Viacom is appealing. Viacom claims YouTube committed copyright infringement because it did not police the video-sharing site for copyright works uploaded by its users.

    Meanwhile, Verrilli in 2008 told a federal judge in Minnesota that merely making copyright works available on file sharing networks amounted to copyright infringement — and that no proof of somebody else downloading those files was required.

    That argument came in the first of three iterations of the infamous Jamie Thomas file sharing case brought by the RIAA. The judge eventual declared a mistrial of the first jury?s $220,000 civil judgment for sharing 24 songs on Kazaa.

    Two more trials later, a third jury has rendered an almost $2 million verdict against Thomas for sharing the same two dozen tracks.

    Photo: David Kravets/Wired.com

    David Kravets is the founder of TheYellowDailyNews.com. Technologist. Political scientist. Humorist. Dad of two boys. Reporter since manual typewriter days. ((There is no truth.))
    Follow @dmkravets on Twitter.

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    AT&T braces for T-Mobile deal collapse (Reuters)

    LONDON/FRANKFURT (Reuters) – AT&T said it would take a $4 billion charge in case its takeover of T-Mobile USA fails, a tacit recognition of the dwindling chances that the deal will get through U.S. regulators who say it would destroy jobs and curb competition.

    The U.S. telecommunications group and T-Mobile owner Deutsche Telekom, said they would continue to pursue anti-trust approval for the $39 billion takeover from the U.S. Department of Justice, but withdrew applications to the industry regulator, for now at least.

    "AT&T Inc and Deutsche Telekom AG are continuing to pursue the sale of Deutsche Telekom's U.S. wireless assets to AT&T," they said in a statement on Thursday, the Thanksgiving Day holiday in the United States.

    The $4 billion sum includes $3 billion in cash and a book value of $1 billion for spectrum access.

    Both the DOJ and telecoms watchdog the U.S. Federal Communications Commission oppose the deal, which would reduce the number of national mobile carriers to three.

    A senior FCC official said on Thursday afternoon, "The record clearly shows that - in no uncertain terms - this merger would result in a massive loss of U.S. jobs and investment."

    Withdrawal of the application is subject to approval by the FCC, which has the right to determine whether and how the companies could resubmit an amended application in the future.

    In any event, FCC approval would be meaningless if the DOJ blocked the transaction, and AT&T and Deutsche Telekom said they would return to the FCC process if they secured approval from the DOJ.

    The collapse of the merger would be a blow to AT&T Chief Executive Randall Stephenson who offered a massive break-up fee to Deutsche Telekom as a sign of confidence the deal, announced in March, would be approved.

    Analysts said the merger, badly needed by sub-scale T-Mobile USA - the smallest of the four U.S. mobile operators - looked less likely than ever to succeed.

    Espirito Santo analysts said AT&T's decision to take the $4 billion charge this quarter showed that the company's own assessment of the chances of success had fallen.

    "It tells us something about timing too - suggesting that AT&T may decide to walk away at the first opportunity (March 20, 2012) rather than waiting for the ultimate September 20, 2012 deadline," they wrote in a note to clients.

    Deutsche Telekom shares finished the day down 0.6 percent at 8.69 euros.

    The companies' advisers stand to lose a total of $150 million in fees. T-Mobile's advisers Deutsche Bank, Credit Suisse, Morgan Stanley and Citigroup, and AT&T's banks Greenhill & Co, Evercore Partners and JPMorgan Chase were on course to earn between $18 million and $36 million apiece, according to earlier estimates from Thomson Reuters/Freeman Consulting.

    JOB SITUATION

    Thursday's decision follows a blow earlier this week when the FCC said it would try to send the deal to an administrative law judge for review.

    The DOJ has also said it would lead to higher wireless prices for consumers and businesses.

    The DOJ has gone to court to block the deal and a trial in that case is due to begin on February 13. Any administrative hearing at the FCC, which is charged with evaluating the public-interest merits of the proposal, would begin after the anti-trust trial.

    AllianceBernstein analysts said in a note that a pretrial settlement with the DOJ was not a "likely" prospect.

    AT&T has 260,000 employees, mostly in the United States. Deutsche Telekom employs 36,000 at its U.S. unit.

    AT&T argued that the T-Mobile merger could actually create tens of thousands of jobs during integration and network upgrades, and has pledged to bring back 5,000 jobs that it moved overseas -- but many observers are skeptical.

    The break-up package includes $3 billion in cash as well as a commitment to give T-Mobile USA spectrum and let its customers roam on the AT&T network. Some sources have valued the total break-up package at $6 billion but AT&T has never confirmed this number.

    NO 'PLAN B'

    Acquiring T-Mobile would vault No. 2-ranked AT&T into the leading position in the U.S. wireless market, overtaking Verizon Wireless, a venture of Verizon Communications Inc and Vodafone Group Plc.

    It would also solve a years-long problem for Deutsche Telekom, whose U.S. unit has long ceased being a source of growth and is in urgent need of investment.

    At least one analyst suggested that AT&T might instead end up trying to restructure its agreement with T-Mobile USA in the hope of appeasing regulators.

    It could limit its purchase to T-Mobile USA's spectrum licenses and its network so that the Deutsche Telekom unit could keep its customer base and rent space on the AT&T network, Citi analyst Michael Rollins said in a research note after the FCC announced its plan on Tuesday.

    Credit rating agency Moody's said it believed Deutsche Telekom would rather exit the U.S. market than go it alone.

    However, the ratings agency believes that Deutsche Telekom will fight aggressively alongside AT&T to salvage the sale process to improve its weak position in the United States.

    A failure would throw Deutsche Telekom Chief Executive Rene Obermann's strategy into disarray and may force him to throw money at a business he thought he was rid of.

    Deutsche Telekom may be forced to sell assets closer to home and take a knife to its cost base, bankers told Reuters.

    The company faces a long delay at best and may be driven back into the arms of No. 3 U.S. carrier Sprint Nextel -- a less suitable partner for whom T-Mobile USA would not be worth nearly as much now as it was to AT&T in March.

    While according to sources, Sprint had also been courting T-Mobile USA before AT&T stole its thunder, there are huge questions about whether it could afford a T-Mobile USA purchase.

    Sprint, which has been losing customers, recently tapped debt markets for $4 billion to help refinance maturing debts as it looks to pay for a $7 billion network upgrade of its own in the next two years and a $15.5 billion iPhone agreement with Apple Inc that spans four years.

    (Additional reporting by Chris Steitz and Maria Sheahan in Frankfurt and Sinead Carew, Phil Wahba in New York and Roberta Rampton in Washington; Editing by Chris Wickham, Maureen Bavdek and Bernard Orr)

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    Moroccans choose new parliament after protests (AP)

    RABAT, Morocco – Moroccans began voting for a new parliament Friday in Arab Spring-inspired elections that are facing a boycott by democracy campaigners who say the ruling monarchy isn't committed to real change.

    A moderate Islamist party and a pro-palace coalition are expected to do well in the voting, but a key test for the authorities' legitimacy will be how many voters cast ballots.

    The result will be watched by Morocco's U.S. and other western allies, as well as European tourists who cherish its beaches and resorts.

    In the affluent Agdal neighborhood of Rabat a steady stream of professionals lined up early in morning at a polling station to vote before work.

    "I've always voted but this time it is more important," said Mohammed Ennabli, a doctor. "Before it was the king who chose, now it is the people who choose."

    Nadia Zerrou, a woman in her 30s, said voting "is a right which I always exercise."

    "This time there have been developments, there is more transparency and voters are more aware," Zerrou said.

    Morocco's reputation as a stable democracy in North Africa has taken a hit with this year's protests. And its once-steady economy is creaking from the amount of money the government has pumped into raising salaries and subsidies to keep people calm amid the Arab world turmoil.

    The election campaign has been strangely subdued, unlike the lively politicking in nearby Tunisia when it held the first elections prompted by the Arab uprisings last month.

    Morocco with its many political parties and regular elections was once the bright star in a region of dictatorships.

    But all that has changed with the Arab uprisings that toppled dictators in Tunisia, Libya and Egypt. Now a political system that holds elections but leaves all powers in the hands of a hereditary king does not look so liberal.

    Under the new constitution, the largest party must form the government, which could well be the Islamist party, known by its French initials PJD. But there's uncertainty over whether it can truly change anything.

    The Islamists' biggest rival for the top spot is Finance Minister Salaheddine Mezouar's Rally of Independents, which leads an alliance of seven other pro-palace parties.

    Mezouar said he expected his coalition to take a majority of the parliament and ruled out any kind of alliance with the Islamists. He also told The Associated Press that he expected a high turnout.

    "I am confident about the level of participation, because during this campaign we've seen how interested the citizens are in this election, enormously more than in 2007," he said.

    Like elsewhere in the Arab world, Moroccans hit the streets in the first half of 2011 calling for more democracy, and King Mohammed VI responded by amending the constitution and bringing forward elections.

    But since then the sense of change has dissipated.

    U.S.-based Human Rights Watch said that since Oct. 20 government has taken more than 100 activist in for questioning for advocating a boycott.

    "Moroccans feel that aside from the constitutional reform, nothing has really changed, meaning that the elections of 2011 will be a copy of the elections 2007 and that is what will probably keep the participation low," said Abdellah Baha, deputy secretary general of the Islamist Justice and Development Party.

    The 2007 elections, the first with widespread international observation, had just 37 percent turnout, and some fear it could be even lower this time around.

    The constitutional referendum passed with over 98 percent voting in favor, and a staggering 72 percent turnout, which most observers found hardly credible.

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    Duke beats Kansas 68-61 for 5th Maui title (AP)

    LAHAINA, Hawaii – The lead was two, shot clock winding down. Seemingly every Kansas player in his face, Tyler Thornton let a 3-pointer fly.

    Barely able to see the rim through the sea of arms in front of him, Thornton knocked it down, keeping Duke on the throne as the kings of Maui.

    Thornton capped a thrilling game between basketball behemoths, hitting an off-balance 3-pointer with 20 seconds left to give the sixth-ranked Blue Devils enough cushion to finish off a 68-61 win over No. 14 Kansas for its fifth Maui Invitational title.

    "It's a dream shot," Duke coach Mike Krzyzewski said. "People will say it's a lucky shot, but I'll say I'm lucky to have him on my team. Sometimes you're on a bus with a guy who deserves and for that moment we were on his bus. Thank goodness he knew how to drive it."

    Thornton hit one 3-pointer with 1:10 left and put the Blue Devils ahead for good with his second, sending the crowd into a frenzy and Duke (7-0) to another title.

    A player who had taken nine shots all season hit the two biggest to keep the Blue Devils undefeated in Maui Invitational at 15-0.

    "I saw the rim, but it was a tough shot," said Thornton, who had just one other point.

    The Blue Devils and Jayhawks went toe-to-toe from the start, electrifying the crowd with the kind of compelling counterpunching you'd expect from blue blood programs.

    Unleashing an array of alley-oops, 3-pointers and teeth-jarring picks, they never let the other get too far ahead, with 16 lead changes and 12 ties.

    Ryan Kelly hurt Kansas with his inside-outside game, scoring 17 points to earn MVP honors. Mason Plumlee gave the Jayhawks fits inside with 17 points and 12 rebounds.

    Kansas was led by Thomas Robinson, who had 16 points and 15 rebounds. Jeff Withey provided an unexpected lift with 14 points and 10 rebounds. Tyshawn Taylor had a solid first half on his way 17 points, but tired down the stretch to finish with 11 of Kansas' 17 turnovers.

    Fittingly, it came down to a thrilling finish.

    Eljiah Johnson hit a 3-pointer with 1:33 left to put Kansas (3-2) up 61-60. Thornton answered 23 seconds later, surprising the Jayhawks with a 3 of his own.

    Thornton then put the punctuation on this classic in paradise, dropping in his did-he-just-do-that 3 after Taylor had his 11th turnover at the other end.

    "We couldn't have guarded him any better," Kansas coach Bill Self said. "That was unbelievable."

    This rare early matchup of college basketball powers had the potential to be one of the most exciting in the 28-year history of the Maui Invitational.

    Duke's resume includes four national titles, the winningest coach in Division I history — Krzyzewski passed mentor Bobby Knight last week — and as strong a following as any team in the country.

    Kansas has three national titles, a coach who's won 83 percent of his games in Self and is right up there with the Blue Devils as a fan favorite.

    Duke lost its top three scorers from last season, reloaded with another stellar recruiting class, headed by Austin Rivers. Big, versatile and athletic, the Blue Devils outlasted Tennessee to win their Maui opener, then shot past No. 15 Michigan in the semifinals.

    Kansas lost a good chunk of its top end, too, not to mention half of its heralded recruiting class because of eligibility issues.

    Still, the Jayhawks have Robinson, Taylor and three of those talented freshmen.

    Kansas opened the Maui Invitational by bumping off gritty Georgetown, then outlasted UCLA in the semifinals after nearly blowing all of a 20-point lead.

    By getting through one of the toughest brackets ever at the Maui Invitational, these two elite teams set up a championship game that figured to be as sparkling as the Pacific Ocean just outside.

    The atmosphere inside quaint Lahaina Civic Center fit the matchup, with the rowdy fans from each team trading chants, cheers and boos.

    "This is what the Maui Invitational is all about," Krzyewski said.

    The show lived up to the billing, starting with Rivers' deep, leg-splaying 3-pointer for the game's first points and an alley-oop by Miles Plumlee.

    Robinson shook off a shot to the face in the first 15 seconds to throw down a pose-after-it dunk and Taylor had a surprising three-point play on his way to 13 first-half points, asking his teammates with an incredulous look if the shot went in.

    Kansas also got a lift from Withey, who had 10 points after averaging 6.3 the first four games, to take a 35-31 lead at halftime.

    The highlights continued in the second half.

    Withey scored on an alley-oop from Taylor, who had an up-and-under reverse layup the next trip. Seth Curry opened with a 3-pointer, Kelly followed with one of his own.

    It kept going like that until Thornton provided the knockout blow in a memorable Maui finale.

    "Give him credit; I don't know if he even saw the rim when he took the shot," Self said. "It was a great shot and that was the ballgame. That was game."

    An amazing one at that.

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    NBA owners, players reach tentative deal (AP)

    NEW YORK – NBA owners and players reached a tentative agreement early Saturday to end the 149-day lockout.

    After a secret meeting earlier this week, the sides met for more than 15 hours Friday, working to try to save the season. This handshake deal, however, still must be ratified by both owners and players.

    "We've reached a tentative understanding that is subject to a variety of approvals and very complex machinations, but we're optimistic that will all come to pass and that the NBA season will begin Dec. 25," Commissioner David Stern said.

    The league plans a 66-game season and aims to open camps Dec. 9.

    "We thought it was in both of our best interests to try to reach a resolution and save the game," union executive director Billy Hunter said.

    The Christmas Day deadline created a sense of urgency because that schedule is traditionally a showcase for the league. This season's three-game slate was to include Miami at Dallas in an NBA finals rematch, plus MVP Derrick Rose leading Chicago into Los Angeles to face Kobe Bryant and the Lakers.

    A majority on each side is needed to approve the agreement. The NBA needs votes from 15 of 29 owners. (The league owns the New Orleans Hornets.) Stern said the labor committee plans to discuss the agreement later Saturday and expects them to endorse it and recommend to the full board.

    The union needs a simple majority of its 430-plus members. That process is a bit more complicated after the players dissolved the union Nov. 14. Now, they must drop their antitrust lawsuit in Minnesota and reform the union before voting on the deal.

    Because the union disbanded, a new collective bargaining agreement can only be completed once the union has reformed. Drug testing and other issues still must be negotiated between the league and the players.

    The settlement first was reported by CBSSports.com.

    When last talks broke down, the sides were still divided over the division of revenues and certain changes sought by owners to curb spending by big-market teams that players felt would limit or restrict their options in free agency.

    On Nov. 14, players rejected the owners' proposal, which included opening a 72-game schedule on Dec. 15, announcing instead they were disbanding the union, giving them a chance to win several billion dollars in triple damages in an antitrust lawsuit.

    Two days later, players filed two separate antitrust lawsuits against the league in two different states. On Monday, a group of named plaintiffs including Carmelo Anthony, Steve Nash and Kevin Durant filed an amended federal lawsuit against the league in Minnesota, hoping the courts there will be as favorable to them as they have been to NFL players in the past.

    Now, players will dismiss that lawsuit and get back to the business of basketball.

    The previous CBA expired at the end of the day June 30. Despite a series of meetings in June, there was never much hope of a deal before that deadline, with owners wanting significant changes after saying they lost $300 million last season and hundreds of millions more in each year of the old agreement, which was ratified in 2005.

    Owners wanted to keep more of the league's nearly $4 billion in basketball revenues to themselves after guaranteeing 57 percent to the players under the old deal. And they sought a system where even the smallest-market clubs could compete, believing the current system would always favor the teams who could spend the most.

    Initially, the salary cap emerged as the biggest obstacle. Owners first proposed a hard cap, but players fought hard to maintain the current system that allows teams to exceed the cap through the use of various exceptions.

    The league was adamant the system needed some adjustment, because the old rules gave too many advantages to teams who could afford to keep adding to their payrolls. So the league's proposals targeted the highest-spending teams, seeking to eliminate the use of the midlevel exception by teams over the luxury tax and prevent them from participating in sign-and-trade deals.

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    Medicare chief steps aside in political impasse (AP)

    WASHINGTON – The point man for carrying out President Barack Obama's health care law will be stepping down after Republicans succeeded in blocking his confirmation by the Senate, the White House announced Wednesday.

    Medicare chief Don Berwick, a Harvard professor widely respected for his ideas on how to improve the health care system, became the most prominent casualty of the political wars over a health care overhaul whose constitutionality will be now decided by the Supreme Court.

    Praising Berwick for "outstanding work," White House deputy press secretary Jamie Smith criticized Republicans for "putting political interests above the best interests of the American people."

    Berwick will be replaced by his principal deputy, Marilyn Tavenner, formerly Virginia's top health care official. The White House said Obama will submit Tavenner's nomination to the Senate.

    Tavenner has been at Medicare since early last year, earning a reputation as a problem solver with years of real-world experience and an extensive network of industry contacts. A nurse by training, the 60-year-old Tavenner worked her way up to the senior executive ranks of a major hospital chain. She ran Virginia's health department under former Democratic Gov. Tim Kaine.

    Berwick's fate was sealed early this year when 42 GOP senators — more than enough to derail his confirmation — asked Obama to withdraw his nomination. He remained as a temporary appointee, and his resignation takes effect Dec. 2.

    Berwick's statements as an academic praising Britain's government-run health care had become a source of controversy in politically polarized Washington. Although he later told Congress that "the American system needs its own solution" and Britain's shouldn't be copied here, his critics were not swayed.

    In an email to his staff, Berwick said he leaves with "bittersweet emotions."

    "Our work has been challenging, and the journey is not complete, but we are now well on our way to achieving a whole new level of security and quality for health care in America, helping not just the millions of Americans affected directly by our programs, but truly health care as a whole in our nation," Berwick wrote.

    A pediatrician before becoming a Harvard professor, Berwick has many admirers in the medical community, including some former Republican administrators of Medicare. His self-styled "three-part aim" for the health care system includes providing a better overall experience for individual patients, improving the health of groups in the population such as seniors and African-Americans, and lowering costs through efficiency.

    But some of his professorial ruminations dogged him in Washington. Republicans accused him of advocating health care rationing, which Berwick denies.

    Sen. Orrin Hatch, R-Utah, said Berwick's past record of controversial statements and his lack of experience managing complex bureaucracies disqualified him from the Medicare job. Hatch, the ranking Republican on the Senate panel that oversees Medicare, led the opposition to his nomination. Hatch said Wednesday the Senate must "thoroughly examine" and "carefully scrutinize" Tavenner's nomination.

    Berwick oversaw the drafting and rollout of major regulations that will begin to reshape the health care system, steering Medicare away from paying for sheer volume of services and procedures and instead putting a premium on quality care that keeps patients healthier and avoids costly hospitalizations. He also presided over significant improvements for Medicare beneficiaries, including better coverage for preventive care and relief for seniors with high prescription drug costs.

    Berwick turned 65 this year, making him the first Medicare chief eligible to be enrolled in the program. He told The Associated Press in an earlier interview that he was putting in his application, but doesn't plan to retire any time soon. Instead he plans to keep working as an advocate for change in the nation's health care system.

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    Medal of Honor Marine Suing Contractor Is Not a 'Drinker,' Grandmother Says

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    The grandmother of Medal of Honor recipient Dakota Meyer, who has filed suit against a former employer over claims that he is mentally unstable and a problem drinker, came to the defense of her hero grandson on Wednesday, telling FoxNews.com that, "I've never, ever known him to be a drinker."




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    America's Saddest Cities

    By Christa Sgobba For Men's Health

    If you want record-setting sunshine, St. Petersburg is your city -- it once soaked up a Guinness-certified 768 straight days of rays. But there's an asterisk: The people of St. Pete also have the darkest clouds hanging over their heads. Men's Health put America on the therapist's couch and discovered that not only is St. Petersburg the saddest city, but Florida in general seems to be a depressing place to live.

    Of course, this diagnosis is more statistical than psychological. Men's Health calculated suicide rates (CDC) and unemployment rates (Bureau of Labor Statistics, as of June 2011), then tapped SimplyMap for the percentage of households that use antidepressants as well as the number of people who report feeling the blues all or most of the time.

    Click over to Men's Health for the 10 happiest cities and the full 1 to 100 ranking.

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    Ravens beat 49ers 16-6 in duel of Harbaughs (AP)

    BALTIMORE – John Harbaugh could have gloated. He could have bragged.

    Instead, the Baltimore Ravens coach played the role of gracious big brother after he bested Jim Harbaugh and the San Francisco 49ers 16-6 Thursday night in the first NFL game featuring brothers as opposing head coaches.

    The Ravens (8-3) tied a franchise record with nine sacks to end San Francisco's eight-game winning streak.

    "To the 49ers and to my brother, I can't tell you enough how proud I am of him and the job he's done building that football team," John said of Jim, a rookie NFL coach. "That's a football team. The way they're built, it's pretty hard to figure out a way to beat them."

    John, 49, and Jim, 47, grew up dueling each other in all sorts of games. This, however, was the first time their sibling rivalry was displayed on a national stage.

    During the final minute, John got a Gatorade bath from his players — twice. After the game ended, the brothers hugged at midfield.

    "There's a saying that says, `As iron sharpens iron, so does one man sharpen another,'" Jim said. "And I have to say my brother John is the sharpest iron I've ever encountered in my life."

    The Ravens chased, hindered and battered 49ers quarterback Alex Smith for much of the night despite playing without middle linebacker Ray Lewis, the team's leading tackler and spiritual leader. Lewis was inactive for a second straight game with a foot injury.

    Smith completed 15 of 24 passes for 140 yards and an interception, and San Francisco (9-2) was held without a touchdown for the first time this season. Smith never could get into a rhythm against an aggressive defense that rarely let him set up in the pocket.

    "It's tough to get ready for a defense like that in a short week. They do so many things," he said. "They're a great front. At home with the crowd noise, they were teeing off."

    Terrell Suggs had three sacks for first-place Baltimore, which moved a half-game ahead of the Pittsburgh Steelers in the AFC North.

    "That's always the game plan, to get after the quarterback, but I think the No. 1 game plan was to win the Harbaugh Bowl," Suggs said. "Coach tried to downplay it — act like it's not me against my brother, this is the Ravens vs. the 49ers and let's get win No. 8 and make sure our destiny is in our own hands — but it was really important to him. We as a team went out there and really wanted to win for him."

    Baltimore broke a 6-6 tie with a 76-yard, 16-play drive that lasted more than 7 1/2 minutes and ended with an 8-yard touchdown pass from Joe Flacco to tight end Dennis Pitta with 14:56 left. Flacco went 4 for 4 for 34 yards and a touchdown on third down during the drive.

    "When you have that kind of game plan — your line being so efficient on third downs — you have to come through," Flacco said.

    Billy Cundiff wrapped up the scoring with his third field goal, a 39-yarder with 4:16 remaining.

    In a game dominated by both defenses, Flacco finished 15 for 23 for 161 yards and Ray Rice ran for 59 yards on 21 carries.

    The 49ers began the third quarter with a 13-play drive that lasted 7 1/2 minutes and produced a 52-yard field goal by David Akers for a 6-6 tie. The key play was an 18-yard completion from Smith to Michael Crabtree on a third-and-17 from the San Francisco 26.

    The Ravens responded with their lone touchdown drive of the game.

    Baltimore sacked Smith four times in the first half and picked off a pass in taking a 6-3 lead.

    The Ravens took the opening kickoff and moved 55 yards — 38 of them on a pair of Flacco-to-Anquan Boldin completions — before Cundiff kicked a 39-yard field goal.

    Late in the first quarter, a 20-yard completion from Smith to tight end Vernon Davis set up a 45-yard field goal by Akers.

    The 49ers blew a chance to take the lead when Frank Gore was penalized for a chop block on a 75-yard touchdown pass from Smith to Ted Ginn, who got behind Cary Williams deep down the middle.

    Neither team had much luck moving the ball until San Francisco's Tarell Brown was called for pass interference on a long pass to Torrey Smith. The 50-yard penalty put the ball at the 15, and although the Ravens turned it into a first-and-goal at the 4, they had to settle for a 23-yard field goal with 2:51 left in the half.

    NOTES: Baltimore has won all six home games this season and 15 of 16. ... Gore finished with 39 yards on 14 carries. ... Although the Ravens had a first-and-goal at the 4 in second quarter, the 49ers held and kept intact their distinction of not allowing a TD rushing all season. ... Lee Evans had a catch for the Ravens, his first reception since Week 2 after missing seven games with an ankle injury.

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    Robert Champion Death: Funeral Planned For FAMU Music Student

    DECATUR, Ga. ? Friends and family of a Florida A&M University band member who died in a suspected hazing incident will gather for his funeral outside Atlanta.

    Robert Champion's funeral is set for 11 a.m. Wednesday at Beulah Missionary Baptist Church in Decatur. The 26-year-old was found on Nov. 19 on a bus parked outside an Orlando, Fla., hotel after the school's football team lost to a rival.

    Police say Champion, a clarinet player who recently was named drum major, had been vomiting and complained he couldn't breathe shortly before he collapsed. Authorities suspect hazing but have not released any more details about what may have led to Champion's death.

    Champion's family attorney says a "culture of hazing" lead to his death, but he and Champion's relatives wouldn't discuss details.

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    Egypt's economy slumps under weight of unrest (AP)

    CAIRO – Drivers passing Tahrir Square in downtown Cairo curse the protesters.

    On radio shows, callers question whether the youth activists and others involved in the new wave of demonstrations over the past week are nationalists, selfish children or saboteurs.

    Political differences aside, what has become clear is that the latest clamor against Egypt's military rulers is pummeling the country's already flailing economy at a crucial time when many hoped winter tourism would pick up. A financial crisis is looming, say analysts.

    "We're not far off," said Neil Shearing, chief emerging markets economist with Capital Economics. "There's enough money left in the coffers to get through the year, but not much beyond that. Crunch time is two to three months away."

    It took 30 years to engineer the revolution that ousted former President Hosni Mubarak in February. But it only took months to push the 7 percent annual growth rate of recent years to an anemic forecast of only about 1 percent this year.

    The difficulties keep mounting. The stock market tanks daily and foreign reserves have fallen by almost 40 percent so far this year.

    The drop is linked to the protests that have persisted since Mubarak's fall, and more specifically, the wide gap between the expectations of the population after the uprising and the reality of what the government could deliver.

    From iconic Tahrir Square, the epicenter of the revolution, to the city's middle income neighborhoods and slums, the sobering realization that the hopes for democracy have not translated into a better standard of living is leaving Egyptians increasingly frustrated — with the military rulers, with the interim government that resigned a few days ago and, perhaps more troublingly, with each other.

    "The move toward democracy is something that should be a beacon for the rest of the region," said Shearing. "But we've clearly reached a point ... where there needs to be some political stability because the financing risks are severe."

    As of October, the country's net foreign reserves had fallen to $22 billion from $36 billion at the end of 2010. At least part of that money has gone to supporting the Egyptian pound, which economists worry could face severe depreciation if officials don't shore up the country's finances.

    At the famed pyramids of Giza, when horse rides, papyrus prints and tours failed to entice some tourists, a young guide turned to the unorthodox.

    "Girls?" offered 23-year-old Samir Adham, flashing a sly grin. "Hashish?"

    He apologized when he realized the offer was made to a reporter.

    "No one comes any more," he explained. "What can I do? I have to make a living," he said, bemoaning the hammering of Egypt's vital tourism industry, one of the country's top money-earners, since the revolution.

    The troubles confronting Adham and others in the tourism sector are a window into the country's broader challenges.

    Egypt's tourism sector has accounted for roughly 10 percent of gross domestic product and employs Egyptians in a range of supporting industries — from guides and camel touts to hotel workers and artisans.

    "Most shops have either let go of most of their employees or cut their salaries by at least 50 percent," said Khaled Osman, who owns a shop near the pyramids employing about 20 people. Since the revolution, the unemployment rate has climbed to almost 12 percent in the third quarter of 2011, compared to just shy of 9 percent a year earlier.

    If the uprising that pushed Mubarak from power marked the start of the industry's demise for the year, then the latest protests in Tahrir Square have further cemented the losses.

    The most recent clashes began as protesters returned to the square calling for the military to hand over power immediately to a civilian government. Among their complaints was that the ruling generals were no different than Mubarak and that they had run the economy into the ground.

    The images of activists and security forces hurling rocks at each other through a thick fog of tear gas is hardly encouraging tourists. The unrest hasn't sat well with investors either. The cost of government borrowing has gone up and the central bank on Friday was forced to raise interest rates for the first time in roughly three years.

    Borrowing costs will likely climb even more after ratings agency Standard & Poor's on Thursday drove Egypt's sovereign debt rating deeper into junk status, citing what it said was "an ongoing high, and recently increased, risk of challenges to political institutions that will possibly involve further domestic conflict."

    "These challenges could arise if populist demands for greater political participation are thwarted, or from demands for improved living standards from different sectors of the population no matter who is governing Egypt," the agency said.

    The impact of the uncertainty is clear at Cairo's airport, where officials report that passenger traffic has fallen off sharply since the start of the latest clashes a week ago. Some flights arrive with fewer than 30 passengers.

    In Luxor, home to some of the country's most prized archaeological sites, tourism officials said hotel occupancy rates have plunged to under 10 percent. The downturn there is especially troubling because the winter months are typically when tourists head to southern Egypt, and Luxor and Aswan rely overwhelmingly on tourism revenues.

    The declines are mirrored in Cairo, where five-star hotels sit largely empty.

    Only Red Sea resorts such as Hurghada and Sharm el-Sheik are still going strong, with occupancy rates of about 70 percent, according to Amani El-Torgoman, tourism operations manager at Travco, one of the region's largest travel companies. But even there, it has come at a price.

    "We're running after clients with best offers and last minute offers," said El-Torgoman, noting that most properties had cut their rates by as much as 50 percent to lure in visitors with all-inclusive packages that can go for as little as $50 per night.

    While the latest clashes in Cairo have yet to be reflected in tourism figures, officials expect the hit to be hard and to build on top of an already declining interest on the part of Europeans, the bulk of visitors.

    Irina Tyurina, a spokesperson for the Russian Association of Tourist Agencies, said the sales had dropped by 57 percent over the past six months compared to the same period of last year.

    The so-called "Classic tours," which involve trips through Cairo and then down to southern Egypt, are all but dead, said Travco's El-Torgoman.

    "If things continue like this, there are a lot of people who will go out of business," she said. "A lot (of smaller companies and shops) can't afford paying the salaries or even sustaining small losses."

    The same argument carries across other sectors of the economy and into the daily lives of Egyptians who complain that the only thing that has come from the ouster of Mubarak has been even more of an increase in prices, coupled with a surge in crime and the headaches that come with the daily protests in Cairo. Already nearly half the population of more than 80 million lives near or below the poverty line set by the World Bank of $2 a day.

    "Why can't they see that they're destroying the country," railed Mohammed El-Sharkawy, an accountant who moonlights as an electrician to make ends meet. The activists say "they want democracy and freedom, but don't understand that it comes with responsibility."

    > ____

    > Associated Press correspondents Vladimir Isachenkov in Moscow, Nicole Winfield in Rome, Kirsten Grieshaber in Berlin and Alexander Besant in Cairo contributed.

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