General investigated for emails to Petraeus friend
















PERTH, Australia (AP) — In a new twist to the Gen. David Petraeus sex scandal, the Pentagon said Tuesday that the top American commander in Afghanistan, Gen. John Allen, is under investigation for alleged “inappropriate communications” with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an extramarital affair.


Defense Secretary Leon Panetta said in a written statement issued to reporters aboard his aircraft, en route from Honolulu to Perth, Australia, that the FBI referred the matter to the Pentagon on Sunday.













Panetta said that he ordered a Pentagon investigation of Allen on Monday.


A senior defense official traveling with Panetta said Allen’s communications were with Jill Kelley, who has been described as an unpaid social liaison at MacDill Air Force Base, Fla., which is headquarters to the U.S. Central Command. She is not a U.S. government employee.


Kelley is said to have received threatening emails from Broadwell, who is Petraeus’ biographer and who had an extramarital affair with Petraeus that reportedly began after he became CIA director in September 2011.


Petraeus resigned as CIA director on Friday.


Allen, a four-star Marine general, succeeded Petraeus as the top American commander in Afghanistan in July 2011.


The senior official, who discussed the matter only on condition of anonymity because it is under investigation, said Panetta believed it was prudent to launch a Pentagon investigation, although the official would not explain the nature of Allen’s problematic communications.


The official said 20,000 to 30,000 pages of emails and other documents from Allen’s communications with Kelley between 2010 and 2012 are under review. He would not say whether they involved sexual matters or whether they are thought to include unauthorized disclosures of classified information. He said he did not know whether Petraeus is mentioned in the emails.


“Gen. Allen disputes that he has engaged in any wrongdoing in this matter,” the official said. He said Allen currently is in Washington.


Panetta said that while the matter is being investigated by the Defense Department Inspector General, Allen will remain in his post as commander of the International Security Assistance Force, based in Kabul. He praised Allen as having been instrumental in making progress in the war.


The FBI’s decision to refer the Allen matter to the Pentagon rather than keep it itself, combined with Panetta’s decision to allow Allen to continue as Afghanistan commander without a suspension, suggested strongly that officials viewed whatever happened as a possible infraction of military rules rather than a violation of federal criminal law.


Allen was Deputy Commander of Central Command, based in Tampa, prior to taking over in Afghanistan. He also is a veteran of the Iraq war.


In the meantime, Panetta said, Allen’s nomination to be the next commander of U.S. European Command and the commander of NATO forces in Europe has been put on hold “until the relevant facts are determined.” He had been expected to take that new post in early 2013, if confirmed by the Senate, as had been widely expected.


Panetta said President Barack Obama was consulted and agreed that Allen’s nomination should be put on hold. Allen was to testify at his confirmation hearing before the Senate Armed Services Committee on Thursday. Panetta said he asked committee leaders to delay that hearing.


NATO officials had no comment about the delay in Allen’s appointment.


“We have seen Secretary Panetta‘s statement,” NATO spokeswoman Carmen Romero said in Brussels. “It is a U.S. investigation.”


Panetta also said he wants the Senate Armed Services Committee to act promptly on Obama’s nomination of Gen. Joseph Dunford to succeed Allen as commander in Afghanistan. That nomination was made several weeks ago. Dunford’s hearing is also scheduled for Thursday.


___


Associated Press writer Slobodan Lekic in Kabul, Afghanistan, contributed to this report.


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Probe shows federal power to access email

WASHINGTON (AP) — Your emails are not nearly as private as you think.


The downfall of CIA Director David Petraeus demonstrates how easy it is for federal law enforcement agents to examine emails and computer records if they believe a crime was committed. With subpoenas and warrants, the FBI and other investigating agencies routinely gain access to electronic inboxes and information about email accounts offered by Google, Yahoo and other Internet providers.


"The government can't just wander through your emails just because they'd like to know what you're thinking or doing," said Stewart Baker, a former assistant secretary at the Department of Homeland Security and now in private law practice. "But if the government is investigating a crime, it has a lot of authority to review people's emails."


Under the 1986 Electronic Communications Privacy Act, federal authorities need only a subpoena approved by a federal prosecutor — not a judge — to obtain electronic messages that are six months old or older. To get more recent communications, a warrant from a judge is required. This is a higher standard that requires proof of probable cause that a crime is being committed.


Public interest groups are pressing Congress for the law to be updated because it was written a quarter-century ago when most emails were deleted after a few months because the cost of storing them indefinitely was prohibitive. Now, "cloud computing" services provide huge amounts of inexpensive storage capacity. Other technological advances, such as mobile phones, have dramatically increased the amount of communications that are kept in electronic warehouses and can be reviewed by law enforcement authorities carrying a subpoena.


"Technology has evolved in a way that makes the content of more communications available to law enforcement without judicial authorization, and at a very low level of suspicion," said Greg Nojeim, a senior counsel at the Center for Democracy & Technology.


The chairman of the Senate Judiciary Committee, Patrick Leahy, has proposed changing the law to require a warrant for all Internet communications regardless of their age. But law enforcement officials have resisted because they said it would undercut their ability to catch criminals.


A subpoena is usually sufficient to require Internet companies to reveal names and any other information that they have that would identify the owner of a particular email account. Google, which operates the widely used Gmail service, complied with more than 90 percent of the nearly 12,300 requests it received in 2011 from the U.S. government for data about its users, according to figures from the company.


Even if a Gmail account is created with a fictitious name, there are other ways to track down the user. Logs of when messages are sent reveal the Internet address the user used to log onto the account. Matching times and dates with locations allow investigators to piece together the chain.


A Gmail account figured prominently in the FBI investigation that led to Petraeus' stunning resignation last week as the nation's spy chief. Petraeus, a retired Army general, stepped down after he confessed to an extramarital affair with Paula Broadwell, an Army Reserve officer and his biographer.


The inquiry began earlier this year after Jill Kelley, a Florida woman who was friends with Petraeus and his wife, Holly, began receiving harassing emails. Kelley is a Tampa socialite. That is where the military's Central Command and Special Operations Command are located.


Petraeus served as commander at Central Command from 2008 to 2010.


FBI agents eventually determined that the email trail led to Broadwell, according to two federal law enforcement officials, who spoke on condition of anonymity because the sources were not authorized to speak about the matter on the record. As they looked further, the FBI agents came across a private Gmail account that used an alias name. On further investigation, the account turned out to be Petraeus's.


The contents of several of the exchanges between Petraeus and Broadwell suggested they were having an affair, according to the officials. Investigators determined that no security breach had occurred, but continued their investigation into whether Petraeus had any role in the harassing emails that Broadwell had sent to Kelley, which was a criminal investigation.


Petraeus and Broadwell apparently used a trick, known to terrorists and teen-agers alike, to conceal their email traffic.


One of the law enforcement officials said they did not transmit all of their communications as emails from one's inbox to the other's inbox. Rather, they composed some emails in a Gmail account and instead of transmitting them, left them in a draft folder or in an electronic "dropbox." Then the other person could log onto the same account and read the draft emails there. This avoids creating an email trail which is easier to trace. It's a technique that al-Qaida terrorists began using several years ago and teen-agers in many countries have since adopted.


___


Associated Press writer Pete Yost contributed to this report.

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U2′s Bono to urge U.S. politicians not to cut aid programs
















WASHINGTON (Reuters) – Irish rocker and anti-poverty campaigner Bono will appeal to Democrats and Republicans during a visit to Washington this week to spare U.S. development assistance programs from cuts as Congress tries to avert the looming “fiscal cliff” of tax hikes and spending reductions early next year.


The U2 lead singer’s visit comes as the Obama administration and congressional leaders try to forge a deal in coming weeks to avoid the economy hitting the “fiscal cliff” – tax increases and spending cuts worth $ 600 billion starting in January if Congress does not act.













Analysts say the absence of a deal could shock the United States, the world’s biggest economy, back into recession.


Kathy McKiernan, spokeswoman for the ONE Campaign, said Bono will hold talks with congressional lawmakers and senior Obama administration officials during the November 12-14 visit.


During meetings he will stress the effectiveness of U.S. foreign assistance programs and the need to preserve them to avoid putting at risk progress made in fighting HIV/AIDS, tuberculosis and malaria, she said.


Bono, a long-time advocate for the poor, will argue that U.S. government-funded schemes that support life-saving treatments for HIV/AIDS sufferers, nutrition programs for malnourished children, and emergency food aid make up just 1 percent of the U.S. government budget but are helping to save tens of millions of lives in impoverished nations.


The One Campaign would not elaborate which lawmakers and senior Obama administration officials Bono will meet.


On Monday, Bono will discuss the power of social movements with students at Georgetown University. He will also meet new World Bank President Jim Yong Kim for a web cast discussion on Wednesday on the challenges of eradicating poverty.


(Editing by W Simon)


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Concussions and stricter rules taking their toll
















MIAMI (Reuters) – Three teams begin preparation for games this weekend unsure if their starting quarterback will be cleared to play as the league’s stricter concussion rules start to bite.


The NFL has been concerned about the health implications from concussions and brain injuries and introduced a clearly defined series of steps that teams have to follow when players suffer knocks to the head.













In order to return to action the following week, concussed players have to be cleared by an independent neurologist.


The tougher stance from the NFL came against the backdrop of legal action brought by former players, who suffered what they say were long term effects of concussions, and a Congressional hearing on head injuries in American football.


An illustration of the new rules is none more evident than next Monday’s game between the Chicago Bears and San Francisco 49ers, which could now feature two back-up quarterbacks after both teams lost their starters on Sunday to head injuries.


Jay Cutler of the Bears was forced to exit Sunday’s 13-6 defeat to the Houston Texans at half-time after showing symptoms of concussion following a helmet-to-helmet hit from Houston’s Tim Dobbins.


Cutler came back in after the hit, taking seven more snaps before the Bears said concussion-like symptoms became evident.


Several reports said the NFL had reviewed the Bears’ handling of the situation and agreed they had followed the protocol correctly.


But Bears head coach Lovie Smith said that even without the rules he would not have sent a dizzy Cutler back on the field.


“If a player has a concussion or any injury he’s not going back in the game. It’s as simple as that,” said Smith.


“We’ll never put a guy at risk. No game is that important for us. The players’ health always comes first with us,” added Smith.


Jason Campbell, who completed 11 of 19 passes, putting up 94 yards in tricky, wet conditions, will start if Cutler is not ready.


“It’s tough but that’s why you bring in a veteran like Jason Campbell who has played ball,” smith said.


“In the NFL injuries happen and you have to be ready. Jason is a pro,” he said, adding that the eight-year veteran usually only took a quarter of the snaps in practice.


San Francisco quarterback Alex Smith also went out with concussion during the 24-24 tie with the St. Louis Rams on Sunday after taking a couple of hits.


Smith complained of blurry vision and was replaced by second-year Colin Kaepernick who produced 11 of 17 for 117 yards with 66 rushing yards and a seven yard touchdown run.


“I thought he handled himself pretty well, overall I thought he had a solid performance,” 49ers head coach Jim Harbaugh said of Kaepernick.


It is a sign of how seriously teams take the rules and the threat of sanction that both have been at pains to point out while their players recovered to take more snaps, coaching and medical staff followed the rules in bringing a player out once concussion symptoms were identified.


Symptoms included in the NFL‘s rules include a gap in memory, persistent dizziness, headaches and an inability to remember assignments or plays.


Previously the NFL‘s rules stopped a player from returning to action on the same day only if he lost consciousness.


In the third case, Philadelphia Eagles’ Michael Vick suffered what his coach Andy Reid called on Monday a “pretty significant concussion” in the defeat to the Dallas Cowboys and said the player’s memory of what happened was “foggy”.


Vick was told to rest at home after suffering the injury in the second quarter and Reid may well have to turn to back-up Nick Foles for his first start against the Washington Redskins.


(Editing by Greg Stutchbury)


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Ads are Invading Gadgets and Apps that You Already Paid For
















Most of us are used to seeing ads on stuff that we get for free, like smartphone and tablet apps or online news websites. But you’re probably also used to being able to pay to remove ads, whether by getting the premium version of an app or even upgrading to a new computer that doesn’t have so much garbage on it.


As it turns out, this strategy doesn’t work so well anymore. That’s because companies are starting to put “special offers” all over things that you buy … and this time, it’s not just the usual preinstalled trashware. Here’s a look at some of the latest strikes in the war for your attention.













Microsoft: Xbox Music and Xbox Live


Last year’s redesign of the Xbox 360 dashboard featured prominent ads, including videos that played automatically, even if you were paying for a $ 60/year Xbox Live Gold membership. This year, Microsoft introduced its new Xbox Music Pass, which allows you to stream millions of songs to your Xbox 360 or Windows 8 PC. It has an ad-supported free trial mode, which lets you listen to songs (and ads) for free for the first six months before imposing a monthly listening limit.


But according to Neowin.net editor Owen Williams, the ads stay even if you pay $ 99 per year for the subscription service. On top of that, you can’t use Xbox Music on the actual Xbox at all (beyond a 30-day trial) unless you also​ pay for an Xbox Live Gold Subscription. That’s almost $ 160 per year for two separate subscriptions, and in return you apparently get twice the ads.


​Microsoft: Windows 8


If the ads in the Xbox Music service aren’t enough, Microsoft has also put ads all over its Windows 8 operating system. Whether you buy a new Surface tablet or you pay for the upgrade from Windows 7 such as through buying a separate boxed copy, you still have to contend with ads in “many of the bundled [Modern] UI applications,” according to Williams.


Amazon: The entire Kindle lineup


Amazon began selling Kindle e-readers with “special offers” a while back. These appeared on the lock screen, and replaced the normal screen saver, which was more literary.


When Amazon announced its new lineup of Kindle Fire HD tablets not too long ago, it turned out that every single one of them had advertisements. Not just on the lock screen, but now even in a corner on the home screen while you’re browsing through your books and apps.


At the time, Amazon wasn’t offering any way to get rid of these ads on the new Kindle Fire HD, but the company now gives people the option to buy Kindles sans ads for an extra $ 15. That won’t help you with in-app ads, though, if you use free apps.


Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.


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Canada seen needing to spell out rules for natural gas projects
















CALGARY, Alberta (Reuters) – The fate of a handful of liquefied natural gas projects planned for Canada’s Pacific coast may depend on the Canadian government‘s willingness to spell out rules for foreign investment in the country’s energy sector, according to a study released on Thursday.


Apache Corp, Royal Dutch Shell Plc, Petronas, BG Group Plc and others are in the planning stages for LNG projects that would take gas from the rich shale fields of northeastern British Columbia and ship it to Asian buyers.













But the federal government’s decision last month to stall the C$ 5.2 billion ($ 5.2 billion) bid by Malaysia’s state-owned Petronas C$ 5.2 billion for Canada‘s Progress Energy Resources Corp could lessen the appetite of Asian buyers for Canadian LNG, energy consultants Wood Mackenzie said.


“Some potential off-takers of Canadian LNG like the idea … because it’s perceived as having low political risk, and another reason is because they see the potential for investment opportunities,” said Noel Tomnay, head of global gas at the consultancy.


“If there are going to be restrictions on how they access those opportunities, if acquisitions are closed to them, then clearly that would restrict the attractiveness of those opportunities. If would-be Asian investors thought that corporate acquisitions were an avenue that was not open to them then Canadian LNG would become less attractive.”


The Canadian government is looking to come up with rules governing corporate acquisitions by state-owned companies and has pushed off a decision on the Petronas bid as it considers whether to approve the $ 15.1 billion offer for Nexen Inc from China’s CNOOC Ltd.


Exporting LNG to Asia is seen as a way to boost returns for natural-gas producers tapping the Montney, Horn River and Liard Basin shale regions of northeastern British Columbia.


Though Wood Mackenzie estimates the fields contain as much as 280 trillion cubic feet of gas, they are far from Canada’s traditional U.S. export market, while growing supplies from American shale regions have cut into Canadian shipments.


Because the region lacks infrastructure, developing the resource will be expensive, requiring new pipelines and multibillion-dollar liquefaction.


Still Wood Mackenzie estimates that the cost of delivery into Asian markets for Canadian LNG would be in the range of $ 10 million to $ 12 per million British thermal units, similar to competing projects in the United States and East Africa.


($ 1 = $ 1.00 Canadian)


(Reporting by Scott Haggett; Editing by Leslie Adler)


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BBC head says broadcaster must reform or die
















LONDON (Reuters) – Britain‘s BBC could be doomed unless it makes radical changes, the head of its governing trust said, after its director general quit to take the blame for the airing of false child sex abuse allegations against a former politician.


BBC Trust chairman Chris Patten said on Sunday confidence had to be restored if the publicly funded corporation was to withstand pressure from rivals, especially Rupert Murdoch‘s media empire, which would try to take advantage of the turmoil.













“If you’re saying, ‘Does the BBC need a thorough structural radical overhaul?’, then absolutely it does, and that is what we will have to do,” Patten, a one-time senior figure in Prime Minister David Cameron‘s Conservative Party and the last British governor of Hong Kong, told BBC television.


“The basis for the BBC’s position in this country is the trust that people have in it,” Patten said. “If the BBC loses that, it’s over.”


George Entwistle resigned as director general on Saturday, just two months into the job, to take responsibility for the child sex allegation on the flagship news programme Newsnight.


The witness in the Newsight report, who says he suffered sexual abuse at a care home in the late 1970s, said on Friday he had misidentified the politician, Alistair McAlpine. Newsnight admitted it had not shown the witness a picture of McAlpine, or approached McAlpine for comment before going to air.


Already under pressure after revelations that a long-time star presenter, the late Jimmy Savile, was a paedophile, Entwistle conceded on the BBC morning news that he had not known – or asked – who the alleged abuser was until the name appeared in social media.


The BBC, celebrating its 90th anniversary, is affectionately known in Britain as “Auntie”, and respected around much of the world.


But with 22,000 staff working at eight national TV channels, 50 radio stations and an extensive Internet operation, critics say it is hampered by a complex and overly bureaucratic and hierarchical management structure.


THOMPSON’S LEGACY


Journalists said this had become worse under Entwistle’s predecessor Mark Thompson, who took over in the wake of the last major crisis to hit the corporation and is set to become chief executive of the New York Times Co on Monday.


In that instance, both director general and chairman were forced out after the BBC was castigated by a public inquiry over a report alleging government impropriety in the fevered build up to war in Iraq, leading to major organizational changes.


One of the BBC’s most prominent figures, Newsnight presenter Jeremy Paxman, said since the Iraq report furore, management had become bloated while cash had been cut from programme budgets.


“He (Entwistle) has been brought low by cowards and incompetents,” Paxman said in a statement, echoing a widely-held view that Entwistle was a good man who had been let down by his senior staff.


Prime Minister Cameron appeared ready to give the BBC the benefit of the doubt, believing that “one of the great institutions of this country” could reform and deal with its failings, according to sources in his office.


Patten, who must find a new director general to sort out the mess, agreed that management structures had proved inadequate.


“Apparently decisions about the programme went up through every damned layer of BBC management, bureaucracy, legal checks – and still emerged,” he said.


“One of the jokes I made, and actually it wasn’t all that funny, when I came to the BBC … was that there were more senior leaders in the BBC than there were in the Chinese Communist Party.”


Patten ruled out resigning himself but other senior jobs are expected to be on the line, while BBC supporters fear investigative journalism will be scaled back. He said he expected to name Entwistle’s successor in weeks, not months.


Among the immediate challenges are threats of litigation.


McAlpine, a close ally of former Prime Minister Margaret Thatcher, has indicated he will sue for damages.


Claims for compensation are also likely from victims who say Savile, one of the most recognizable personalities on British television in the 1960s, 70s and 80s, sexually abused them as children, sometimes on BBC premises.


INQUIRIES


Two inquiries are already under way, looking at failures at Newsnight and allegations relating to Savile, both of which could make uncomfortable reading for senior figures.


Police have also launched a major inquiry into Savile’s crimes and victims’ allegations of a high-profile paedophile ring. Detectives said they had arrested their third suspect on Sunday, a man in his 70s from Cambridgeshire in central England.


Funded by an annual license fee levied on all TV viewers, the BBC has long been resented by its commercial rivals, who argue it has an unfair advantage and distorts the market.


Murdoch’s Sun tabloid gleefully reported Entwistle’s departure with the headline “Bye Bye Chump” and Patten said News Corp and others would put the boot in, happy to deflect attention after a phone-hacking scandal put the newspaper industry under intense and painful scrutiny.


He said that “one or two newspapers, Mr. Murdoch’s papers” would love to see the BBC lose its national status, “but I think the great British public doesn’t want to see that happen”.


Murdoch himself was watching from afar.


“BBC getting into deeper mess. After Savile scandal, now prominent news program falsely names senior pol as paedophile,” he wrote on his Twitter website on Saturday.


It is not just the BBC and the likes of Entwistle and Patten who are in the spotlight.


Thompson, whom Entwistle succeeded in mid-September, has also faced questions from staff at the New York Times over whether he is still the right person to take one of the biggest jobs in American newspaper publishing.


Britain’s Murdoch-owned Sunday Times queried how Thompson could have been unaware of claims about Savile during his tenure at the BBC as he had told British lawmakers, saying his lawyers had written to the paper addressing the allegations in early September, while he was still director general.


(Editing by Kevin Liffey and Sophie Hares)


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Boy Donates Bar Mitzvah Money to Fund Veterans’ Reconstructive Surgeries
















At a time when he’s supposed to be celebrating himself, 13-year-old Josh Neidorf decided to make his bar mitzvah about celebrating those who serve their country. As a result, he donated most of  his bar mitzvah money to Operation Mend, a groundbreaking program out of UCLA that repairs extreme injuries and disfigurements in soldiers returning from Iraq and Afghanistan.


Before anyone shrugs off the gesture as a boy giving up the equivalent of his allowance for a good cause, rest assured Neidorf gave away much more than that. The Associated Press reports this child personally donated $ 13,000 to the medical facility. 













Neidorf explained his decision to local news outlet, KCAL9, “I just love knowing that it’s going somewhere to help the people who save our lives and keep us safe everyday.”


Operation Mend is a privately-funded program that was founded in 2007, by philanthropist Ron Katz. According to The Huffington Post, Katz was inspired by the news of returning vet Aaron Mankin and the dozens of surgeries he would need to repair an explosives injury to his face.  Mankin eventually became the first Operation Mend patient.


Katz told the Post, “My wife and I soon realized that there were dozens of Aarons out there. These men and women deserve not only the best that the defense sector has to offer, they deserve the best that the private sector has to offer as well.”


Though it started with plastic reconstruction, Operation Mend has expanded to include a host of other highly technical specialties including orthopedic reconstruction, airway reconstruction and mental health programs for both soldiers and their caregivers.


Veterans face some incredible odds upon their return to civilian life, chief among them being their health issues. Of the 2 million veterans from Iraq and Afghanistan who’ve already returned home, the Los Angeles Times reports most endure recurring issues from physical trauma that include post-traumatic stress disorder (PTSD), hearing loss and tinnitus, and head injuries. 


Operation Mend may be small in terms of the number of patients it can serve at any time (it will have served 72 this year), but it provides a place for our most severely injured to be treated by the nation’s most skilled medical staff using the latest in advanced techniques.


Obviously our returning soldiers are the most deserving of ample and expert medical care. But adopting veteran care as a cultural priority clearly has positive results for all of us. Children like Joshua Neidorf learn and can demonstrate real generosity and people in general come to understand we’re so much stronger when we refuse to leave any of our own behind.


Are you a veteran or the loved one of a returning soldier? What would you like to see provided for them to make the transition to civilian life smoother? 


Related stories on TakePart


• 9 Military Animals


• A Fair Education? Military Kids Struggle With New Schools, Red Tape, and High Stress


• Celebs Who Served in the Military



A Bay Area native, Andri Antoniades previously worked as a fashion industry journalist and medical writer.  In addition to reporting the weekend news on TakePart, she volunteers as a web editor for locally-based nonprofits and works as a freelance feature writer for TimeOutLA.com. Email Andri | @andritweets | TakePart.com


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HTC shares jump after settles patent issues with Apple
















TAIPEI (Reuters) – Shares of HTC Corp jumped by their permitted daily limit on Monday after the Taiwanese smartphone maker announced a global patent settlement and 10-year licensing agreement with Apple Inc, allowing the struggling company to focus on product development.


The settlement would give HTC a short-term boost, analysts suggested, but long-term performance would still depend on the company’s ability to deliver competitive products to grab back some of the market share it has lost to Apple and South Korea’s Samsung Electronics Co.













HTC’s shares opened up by the maximum allowed 6.86 percent at T$ 241.50, and remained at that level in morning trade in a broader market that slipped 0.15 percent.


The shares have bounced 24.5 percent from a closing low of T$ 194 two weeks ago, which was the lowest since 2005 before the company transformed into a top brand from an obscure contract maker. But the shares remain some 80 percent below their record high last April.


HTC and Apple’s settlement and licensing agreement on Saturday ended one of the first major conflagrations of the smartphone patent wars. The California giant sued HTC in 2010, its first major legal salvo against a manufacturer that used Google’s Android operating system.


“The licensing agreement is beneficial to HTC’s future product development, especially in the U.S. market,” said Gartner analyst C.K. Lu.


“The settlement is positive to the consumer image of both camps (Apple and Google) as they are now unlocked from a constant patent war.”


The two companies did not disclose details of the settlement or the licensing agreement, but HTC said the agreement will not impact its financials and it will not change its fourth-quarter guidance.


HTC said last month it expected its fourth-quarter revenue to be about T$ 60 billion ($ 2.05 billion), down from T$ 70.2 billion in the third quarter and below expectations of T$ 74.0 billion in a poll of 23 analysts by Reuters.


It expected a gross margin and an operating margin of around 23 percent and 1 percent, respectively, falling from 25 percent and 7 percent in the previous quarter.


The company said the operating margin would be hit by higher spending on marketing.


Analysts’ forecasts on how much HTC needs to pay Apple range from “not a very high price” to as much as over $ 10 per phone, though they remain best guesses, based partly on the assumed $ 10 royalty that phone makers pay Microsoft per Windows 7 phone, and on the $ 5-6 dollar that Android phone makers are believed to pay Microsoft after a separate lawsuit last year.


However, some analysts warn that HTC’s other challenges outweigh the settlement.


Its phones have lost a lot of their appeal among consumers as Apple’s iPhones and Samsung’s Galaxy series dominate shopping lists, drawing parallels with the decline of Finland’s Nokia, once one of the dominant mobile phone players.


“Nokia settled with Apple in 2011 by winning royalties from Apple, but it did not change the landscape at all for smartphone competition. Samsung continued to win market share despite the losses to Apple,” wrote Barclays analyst Dale Gai in a research note.


“We believe the lawsuits remain non-events in terms of HTC’s fundamentals. HTC’s challenges remain and could get worse into 2013 from more competition.”


(Editing by Jonathan Standing)


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BBC must reform or die, says Trust chairman
















LONDON (Reuters) – The BBC could be doomed unless it makes radical changes, the head of its governing trust said on Sunday, after its director general quit to take the blame for the airing of false child sex abuse allegations against a former politician.


Chris Patten, chairman of the BBC Trust, said confidence had to be restored if the publicly funded corporation was to withstand pressure from rivals, especially Rupert Murdoch‘s media empire, which would try to take advantage of the turmoil.













“If you’re saying, ‘Does the BBC need a thorough structural radical overhaul?’, then absolutely it does, and that is what we will have to do,” Patten, a one-time senior figure in Prime Minister David Cameron‘s Conservative Party and the last British governor of Hong Kong, told BBC television.


“The basis for the BBC’s position in this country is the trust that people have in it,” Patten said. “If the BBC loses that, it’s over.”


George Entwistle resigned as director general on Saturday, just two months into the job, to take responsibility for the child sex allegation on the flagship news programme Newsnight.


The witness in the report, who says he suffered sexual abuse at a care home in the late 1970s, said on Friday he had misidentified the politician, Alistair McAlpine. Newsnight admitted it had not shown the witness a picture of McAlpine, or approached McAlpine for comment before going to air.


Already under pressure after revelations that a long-time star presenter, the late Jimmy Savile, was a paedophile, Entwistle conceded on the BBC morning news that he had not known – or asked – who the alleged abuser was until the name appeared in social media.


The BBC, celebrating its 90th anniversary, is affectionately known in Britain as “Auntie”, and respected around much of the world.


But with 22,000 staff working at eight national TV channels, 50 radio stations and an extensive Internet operation, critics say it is hampered by a complex and overly bureaucratic and hierarchical management structure.


THOMPSON’S LEGACY


Journalists said this had become worse under Entwistle’s predecessor Mark Thompson, who took over in the wake of the last major crisis to hit the corporation and is set to become chief executive of the New York Times Co on Monday.


In that instance, both director general and chairman were forced out after the BBC was castigated by a public inquiry over a report alleging government impropriety in the fevered build up to war in Iraq, leading to major organisational changes.


One of the BBC’s most prominent figures, Newsnight presenter Jeremy Paxman, said since the Iraq report furore, management had become bloated while cash had been cut from programme budgets.


“He (Entwistle) has been brought low by cowards and incompetents,” Paxman said in a statement, echoing a widely-held view that Entwistle was a good man who had been let down by his senior staff.


Prime Minister Cameron appeared ready to give the BBC the benefit of the doubt, believing that “one of the great institutions of this country” could reform and deal with its failings, according to sources in his office.


Patten, who must find a new director general to sort out the mess, agreed that management structures had proved inadequate.


“Apparently decisions about the programme went up through every damned layer of BBC management, bureaucracy, legal checks – and still emerged,” he said.


“One of the jokes I made, and actually it wasn’t all that funny, when I came to the BBC … was that there were more senior leaders in the BBC then there were in the Chinese Communist Party.”


Patten ruled out resigning himself but other senior jobs are expected to be on the line, while BBC supporters fear investigative journalism will be scaled back. He said he expected to name Entwistle’s successor in weeks, not months.


Among the immediate challenges are threats of litigation.


McAlpine, a close ally of former prime minister Margaret Thatcher, has indicated he will sue for damages.


Claims for compensation are also likely from victims who say Savile, one of the most recognisable personalities on British television in the 1960s, 70s and 80s, sexually abused them as children, sometimes on BBC premises.


INQUIRIES


Two inquiries are already under way, looking at failures at Newsnight and allegations relating to Savile, both of which could make uncomfortable reading for senior figures.


Police have also launched a major inquiry into Savile’s crimes and victims’ allegations of a high-profile paedophile ring. Detectives said they had arrested their third suspect on Sunday, a man in his 70s from Cambridgeshire in central England.


Funded by an annual licence fee levied on all TV viewers, the BBC has long been resented by its commercial rivals, who argue it has an unfair advantage and distorts the market.


Murdoch’s Sun tabloid gleefully reported Entwistle’s departure with the headline “Bye Bye Chump” and Patten said News Corp and others would put the boot in, happy to deflect attention after a phone-hacking scandal put the newspaper industry under intense and painful scrutiny.


He said that “one or two newspapers, Mr. Murdoch’s papers” would love to see the BBC lose its national status, “but I think the great British public doesn’t want to see that happen”.


Murdoch himself was watching from afar.


“BBC getting into deeper mess. After Savile scandal, now prominent news program falsely names senior pol as paedophile,” he wrote on his Twitter website on Saturday.


It is not just the BBC and the likes of Entwistle and Patten who are in the spotlight.


Thompson, whom Entwistle succeeded in mid-September, has also faced questions from staff at the New York Times over whether he is still the right person to take one of the biggest jobs in American newspaper publishing.


Britain’s Murdoch-owned Sunday Times queried how Thompson could have been unaware of claims about Savile during his tenure at the BBC as he had told British lawmakers, saying his lawyers had written to the paper addressing the allegations in early September, while he was still director general.


(Editing by Kevin Liffey and Sophie Hares)


Europe News Headlines – Yahoo! News



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