Strategies: World Economy Is Far From Safe, a Canadian Economist Says





WHEN you see a car being driven firmly within its lane and well under the speed limit, there’s nothing to worry about.




Or is there?


If you’re David A. Rosenberg, the glass-half-empty economist, there most certainly is. He says the world economy is like that car. And where others see stability and recovery, he sees “a car being driven by a drunk, lurching from side to side on the road, narrowly avoiding the ditches each time.”


At this particular moment, he says, the car happens to be in the middle of the road. But he can’t help but ask, “Is that because the driver has sobered up, or is it because the car is just passing through the middle on its way to the ditch on the other side?”


Mr. Rosenberg isn’t certain of the answer. But despite the cheer pervading the stock market and the relatively upbeat perspective of most economists, he says he isn’t convinced that the car will remain safely out of those ditches.


Formerly the chief North American economist at Merrill Lynch, and now proudly back in his native Canada as chief economist and strategist at Gluskin Sheff in Toronto, Mr. Rosenberg writes a market newsletter that is always provocative, often cantankerous and frequently out of step with the Wall Street consensus. He has been called a “permabear,” a label that he says is exaggerated but not entirely without merit.


“I’d say I’m as pragmatic as possible and not locked into one position,” he says, “but I do understand that I have a much better record forecasting rain than in predicting the return of sunshine.”


His record bears that out. Mr. Rosenberg correctly called the start of the last two recessions. But he was late in recognizing the strength of what has become a long bull market. In May 2009, when the stock market was in an early stage of its climb, his worries about the economy made him resolutely bearish on stocks. “I’d lock in my gains right now,” he told me then.


But his clients have generally done very well if they’ve followed his cautious advice, which called for buying fixed-income securities early in the bond market’s long boom. His mantra is “safety and income at a reasonable price.”


For a gimlet-eyed perspective on the current stock market joy, I called him last week and asked him what, exactly, has been propelling shares higher.


His answer, in two words, was “the Fed” — the Federal Reserve and its monthly $85 billion purchases of bonds and mortgage-backed securities, which are being piled on top of a balance sheet that swelled to a gargantuan $3 trillion last week.


Other analysts have pointed to a recent surge in stock mutual fund purchases by individuals, as opposed to the big institutional investors like pension funds, endowments and other money managers. The earnings season has been reasonably strong, and, at least in recent weeks, there has been no outright global economic disaster emanating from Washington, the euro zone, Tokyo or the oil fields of the Middle East.


These factors are all relevant, he allows, but they pale next to the direct and powerful relationship between the growth of the Fed’s balance sheet and the stock market.


The Fed’s control of short-term interest rates has always had a major impact on the markets, and the adage “Don’t fight the Fed” is a bit of Wall Street wisdom that has stood up for decades. But since the Fed lowered its benchmark Fed funds rate to near zero in December 2008, short-term rates have ceased to be a meaningful indicator because they cannot be lowered any further.


Instead, to provide further monetary stimulus to the economy, the Fed has embarked on a series of quantitative-easing measures — direct purchases of financial assets.


Mr. Rosenberg says his calculations show that there is now an 85 percent correlation between the growth of that Fed balance sheet and the Standard & Poor’s 500-stock index. If that relationship continues — and he’s not certain that it will — the market could keep rallying, though he says he believes it’s due for a correction. On Wednesday, the Fed reiterated its pledge to keep interest rates low and to keep making asset purchases for what effectively will be many months to come.


The Fed’s expansionary policies are contingent on weakness in the labor market and the overall economy. Well, the unemployment rate in January rose to 7.9 percent, the Labor Department announced on Friday. And the Fed says that as long as inflation is below 2.5 percent — and it is well below that level now — and unemployment is above 6.5 percent, it will keep rates ultralow. In addition, the gross domestic product declined at an annual rate of 0.1 percent in the last quarter of 2012, the first decline recorded since 2009.


MR. ROSENBERG says he does not believe that we are in a recession now but that we are very close to one. “Anemic growth is my baseline scenario,” he says. A shock could undermine the economy. And there is no assurance, of course, that the Fed can keep propping up equity asset prices.


So he advises that for diversification alone, investors should keep holding onto bonds and other carefully selected fixed-income instruments; in addition, there is a great likelihood that inflation will stay low and longer-term rates will be constrained, which would be beneficial for fixed-income prices.


He recommends playing the equity markets cautiously by seeking high-dividend-paying stocks of well-managed companies. At the moment, he says, those include Blackstone, the asset manager; Merck, the drug maker; and Yahoo, the Internet portal, among United States stocks. And he suggests that United States citizens hedge their bets by keeping 20 percent of their assets in Canada, which, he says, is fiscally sound and is likely to have higher growth and lower inflation than its southern neighbor. He advises holding Brookfield Infrastructure, which owns and manages utilities, energy and timber assets, and Crescent Point Energy, an oil and gas exploration company.


Above all else, he says, preserve your assets and your safety. Watch out for reckless behavior in the economy as well as on the roads. You never know what is about to come hurtling your way.


Read More..

Ferrol Sams, Doctor Turned Novelist, Dies at 90


Ferrol Sams, a country doctor who started writing fiction in his late 50s and went on to win critical praise and a devoted readership for his humorous and perceptive novels and stories that drew on his medical practice and his rural Southern roots, died on Tuesday at his home in Lafayette, Ga. He was 90.


The cause, said his son Ferrol Sams III, also a doctor, was that he was “slap wore out.”


“He lived a full life,” his son said. “He didn’t leave anything in the tank.”


Dr. Sams grew up on a farm in the rural Piedmont area of Georgia, seven mud-road miles from the nearest town. He was a boy during the Depression; books meant escape and discovery. He read “Robinson Crusoe,” then Mark Twain and Charles Dickens. One of his English professors at Mercer University, in Macon, suggested he consider a career in writing, but he chose another route to examining the human condition: medical school.


When he was 58 — after he had served in World War II, started a medical practice with his wife, raised his four children and stopped devoting so much of his mornings to preparing lessons for Sunday school at the Methodist church — he began writing “Run With the Horsemen,” a novel based on his youth. It was published in 1982.


“In the beginning was the land,” the book begins. “Shortly thereafter was the father.”


In The New York Times Book Review, the novelist Robert Miner wrote, “Mr. Sams’s approach to his hero’s experiences is nicely signaled in these two opening sentences.”


He added: “I couldn’t help associating the gentility, good-humored common sense and pace of this novel with my image of a country doctor spinning yarns. The writing is elegant, reflective and amused. Mr. Sams is a storyteller sure of his audience, in no particular hurry, and gifted with perfect timing.”


Dr. Sams modeled the lead character in “Run With the Horsemen,” Porter Osborne Jr., on himself, and featured him in two more novels, “The Whisper of the River” and “When All the World Was Young,” which followed him into World War II.


Dr. Sams also wrote thinly disguised stories about his life as a physician. In “Epiphany,” he captures the friendship that develops between a literary-minded doctor frustrated by bureaucracy and a patient angry over past racism and injustice.


Ferrol Sams Jr. was born Sept. 26, 1922, in Woolsey, Ga. He received a bachelor’s degree from Mercer in 1942 and his medical degree from Emory University in 1949. In his addition to his namesake, survivors include his wife, Dr. Helen Fletcher Sams; his sons Jim and Fletcher; a daughter, Ellen Nichol; eight grandchildren; and nine great-grandchildren.


Some critics tired of what they called the “folksiness” in Dr. Sams’s books. But he did not write for the critics, he said. In an interview with the Georgia Writers Hall of Fame, Dr. Sams was asked what audience he wrote for. Himself, he said.


“If you lose your sense of awe, or if you lose your sense of the ridiculous, you’ve fallen into a terrible pit,” he added. “The only thing that’s worse is never to have had either.”


Read More..

Ferrol Sams, Doctor Turned Novelist, Dies at 90


Ferrol Sams, a country doctor who started writing fiction in his late 50s and went on to win critical praise and a devoted readership for his humorous and perceptive novels and stories that drew on his medical practice and his rural Southern roots, died on Tuesday at his home in Lafayette, Ga. He was 90.


The cause, said his son Ferrol Sams III, also a doctor, was that he was “slap wore out.”


“He lived a full life,” his son said. “He didn’t leave anything in the tank.”


Dr. Sams grew up on a farm in the rural Piedmont area of Georgia, seven mud-road miles from the nearest town. He was a boy during the Depression; books meant escape and discovery. He read “Robinson Crusoe,” then Mark Twain and Charles Dickens. One of his English professors at Mercer University, in Macon, suggested he consider a career in writing, but he chose another route to examining the human condition: medical school.


When he was 58 — after he had served in World War II, started a medical practice with his wife, raised his four children and stopped devoting so much of his mornings to preparing lessons for Sunday school at the Methodist church — he began writing “Run With the Horsemen,” a novel based on his youth. It was published in 1982.


“In the beginning was the land,” the book begins. “Shortly thereafter was the father.”


In The New York Times Book Review, the novelist Robert Miner wrote, “Mr. Sams’s approach to his hero’s experiences is nicely signaled in these two opening sentences.”


He added: “I couldn’t help associating the gentility, good-humored common sense and pace of this novel with my image of a country doctor spinning yarns. The writing is elegant, reflective and amused. Mr. Sams is a storyteller sure of his audience, in no particular hurry, and gifted with perfect timing.”


Dr. Sams modeled the lead character in “Run With the Horsemen,” Porter Osborne Jr., on himself, and featured him in two more novels, “The Whisper of the River” and “When All the World Was Young,” which followed him into World War II.


Dr. Sams also wrote thinly disguised stories about his life as a physician. In “Epiphany,” he captures the friendship that develops between a literary-minded doctor frustrated by bureaucracy and a patient angry over past racism and injustice.


Ferrol Sams Jr. was born Sept. 26, 1922, in Woolsey, Ga. He received a bachelor’s degree from Mercer in 1942 and his medical degree from Emory University in 1949. In his addition to his namesake, survivors include his wife, Dr. Helen Fletcher Sams; his sons Jim and Fletcher; a daughter, Ellen Nichol; eight grandchildren; and nine great-grandchildren.


Some critics tired of what they called the “folksiness” in Dr. Sams’s books. But he did not write for the critics, he said. In an interview with the Georgia Writers Hall of Fame, Dr. Sams was asked what audience he wrote for. Himself, he said.


“If you lose your sense of awe, or if you lose your sense of the ridiculous, you’ve fallen into a terrible pit,” he added. “The only thing that’s worse is never to have had either.”


Read More..

Bits Blog: The Origins of ‘Big Data’: An Etymological Detective Story

Words and phrases are fundamental building blocks of language and culture, much as genes and cells are to the biology of life. And words are how we express ideas, so tracing their origin, development and spread is not merely an academic pursuit but a window into a society’s intellectual evolution.

Digital technology is changing both how words and ideas are created and proliferate, and how they are studied. Just last month, for example, the Library of Congress said its archive of public Twitter messages has reached 170 billion tweets and rising, by about 500 million tweets a day.

The Library of Congress archive, resulting from a deal struck with Twitter in 2010, is not yet open to researchers. But the plan is that it soon will be. In a white paper, the Library said that social media promises to be a rich resource that provides “a fuller picture of today’s cultural norms, dialogue, trends and events to inform scholarship, the legislative process, new works of authorship, education and other purposes.”

The new digital forms of communication — Web sites, blog posts, tweets — are often very different from the traditional sources for the study of words, like books, news articles and academic journals.

“It’s almost like oral language instead of edited text,” said Fred R. Shapiro, editor of the “Yale Book of Quotations” and an associate librarian at the Yale Law School. “It’s the way of the future.”

The unruly digital data of the Web is a big ingredient in what is now being called “Big Data.” And as it turns out, the term Big Data seems to be most accurately traced not to references in news or journal archives, but to digital artifacts now posted on technical Web sites, appropriately enough.

To our modest tale of word sleuthing: Last August, I wrote a Sunday column about 2012 being the breakout year for Big Data as an idea, in the marketplace, and as a term.

At the time, I did some reporting on the roots of the term, and I asked Mr. Shapiro of Yale to dig into it. He scoured data bases and came up with several references, including in press releases for product announcements and one intriguing use of the term by a now-famous author (more on that later).

But Mr. Shapiro couldn’t find anything as crisp and definitive as he had done for me years earlier when I asked him to try to find the first reference to the word “software” as a computing term. It was in 1958, in an article in “The American Mathematical Monthly,” written by John Tukey, a Princeton mathematician.

So, without a conclusive answer, I didn’t write about the origins of the term Big Data in that Sunday column. But afterward, I heard from people who had ideas on the subject.

Francis X. Diebold, an economist at the University of Pennsylvania, got in touch and even wrote a paper, with the mildly tongue-in-cheek title, “I Coined the Term ‘Big Data’ ” I had not thought of economics as the breeding ground for the term, but it is not unreasonable. Some of the statistical and algorithmic methods now in the Big Data tool kit trace their heritage to economic modeling and Wall Street.

Mr. Diebold staked a claim based on his paper, “Big Data Dynamic Factor Models for Macroeconomic Measurement and Forecasting,” presented in 2000 and published in 2003. The economic-modeling paper was first academic reference found to Big Data, according to research by Marco Pospiech, a Ph. D. candidate at the Technical University of Freiberg in Germany.

By then, I had heard from Douglas Laney, an veteran data analyst at Gartner. His said the father of the term Big Data might well be John Mashey, who was the chief scientist at Silicon Graphics in the 1990s.

I replied to Mr. Diebold that I thought from what I had seen he probably had plenty of competition. And I passed along the e-mail correspondence I had received. Mr. Diebold said thanks much, and added that he had a University of Pennsylvania research librarian looking into it as well.

The term Big Data is so generic that the hunt for its origin was not just an effort to find an early reference to those two words being used together. Instead, the goal was the early use of the term that suggests its present connotation — that is, not just a lot of data, but different types of data handled in new ways.

The credit, it seemed to me, should go to someone who was aware of the computing context. That is why, in my view, a very intriguing reference, discovered by the Yale researcher Mr. Shapiro, does not qualify.

In 1989, Erik Larson, later the author of bestsellers including “The Devil in the White City” and “In The Garden of Beasts,” wrote a piece for Harper’s Magazine, which was reprinted in The Washington Post. The article begins with the author wondering how all that junk mail arrives in his mailbox and moves on to the direct-marketing industry. The article includes these two sentences: “The keepers of big data say they do it for the consumer’s benefit. But data have a way of being used for purposes other than originally intended.”

Prescient indeed. But not, I don’t think, a use of the term that suggests an inkling of the technology we call Big Data today.

Since I first looked at how he used the term, I liked Mr. Mashey as the originator of Big Data. In the 1990s, Silicon Graphics was the giant of computer graphics, used for special-effects in Hollywood and for video surveillance by spy agencies. It was a hot company in the Valley that dealt with new kinds of data, and lots of it.

There are no academic papers to support the attribution to Mr. Mashey. Instead, he gave hundreds of talks to small groups in the middle and late 1990s to explain the concept and, of course, pitch Silicon Graphics products. The case for Mr. Mashey is on the Web sites of technical and professional organizations, like Usenix. There, some of his presentation slides from those talks are posted, including “Big Data and the Next Wave of Infrastress” in 1998.

For me, looking for the origins of Big Data has been a matter of personal curiosity, something to get back to someday and write up on a weekend.

When I called Mr. Mashey recently, he said that Big Data is such a simple term, it’s not much a claim to fame. His role, if any, he said, was to popularize the term within a portion of the high-tech community in the 1990s. “I was using one label for a range of issues, and I wanted the simplest, shortest phrase to convey that the boundaries of computing keep advancing,” said Mr. Mashey, a consultant to tech companies and a trustee of the Computer History Museum in Mountain View, Calif.

At the University of Pennsylvania, Mr. Diebold kept looking into the subject as well. His follow-up inquiries, he said, proved to be “a journey of increasing humility.” He has written to two papers since the first one.

His most recent paper concludes: “The term Big Data, which spans computer science and statistics/econometrics, probably originated in the lunch-table conversations at Silicon Graphics in the mid-1990s, in which John Mashey figured prominently.”

Tracing the origins of Big Data points to the evolution in the field of etymology, according to Mr. Shapiro. The Yale researcher began his word-hunting nearly 35 years ago, as a student at the Harvard Law School, poring through the library stacks. He was an early user of databases of legal documents, news articles and other documents, in computerized archives.

The Web, Mr. Shapiro said, opens up new linguistic terrain. “What you’re seeing is a marriage of structured databases and novel, less structured materials,” he said. “It can be a powerful tool to see far more.”

Read More..

Hollande, the French President, Visits Timbuktu

President François Hollande of France arrived Saturday morning for a brief visit to the Malian city of Timbuktu, where he was greeted  as a hero just days after French airstrikes and ground forces scattered the Islamists who had controlled the city for months.
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Google Submits Proposal in Bid to Resolve E.U. Antitrust Case







BRUSSELS — E.U. officials said Friday that Google had submitted proposals aimed at ending a three-year antitrust case focused on its hugely popular online search service, but the offer did not prevent rivals from seeking to prolong its legal entanglements.




After filing a new complaint against Google this past week, Icomp, an industry group backed by Microsoft, urged European regulators on Friday to approach the company’s proposal with caution.


“To be seen as a success, any settlement must include specific measures to restore competition and allow other parties to compete effectively on a level playing field,” David Wood, legal counsel for Icomp, said in a statement.


Michael Weber, chief executive of an online mapping service called hot-map.com, a member of Icomp based in Germany, said he hoped the offer by Google was “enough to restore competition,” but “if not, we will take into account all legal options we have and we won’t hesitate to use them.”


If they remain dissatisfied, critics of Google in Europe can sue the European Commission, the European Union’s executive arm, at the General Court of the European Court of Justice in Luxembourg for failing to push hard enough for an effective solution. Such cases can take years to reach a final judgment.


Google managed to reach one settlement Friday. In France, it agreed to pay €60 million, or $82 million, into a fund to help French media develop their presence on the Internet, the president’s office said. Publishers in France had been pushing for Google to pay them licensing fees for the headlines and summaries of articles in its search engines.


The new antitrust complaint by Icomp, filed Thursday, claimed the search giant was using exclusive agreements to discourage advertisers and publishers from using competing advertising platforms and search services like Bing and Yahoo.


Neither the company nor European officials were willing Friday to describe the settlement proposals. But it had been expected that Google would offer revisions to the way it conducts its online search business in Europe to address regulators’ concerns that the company’s activities were unfair to other Web publishers and its online competitors.


The two parties are still negotiating the terms of the proposed settlement, and a final agreement between Google and the commission is expected in the coming week, according to a person briefed on the negotiations who was not authorized to speak publicly before an agreement was reached.


The commission has taken a tougher line with Google than the U.S. Federal Trade Commission, which decided in January, after a 19-month inquiry into how the company operated its search engine, that Google had not broken antitrust laws.


Joaquín Almunia, the European competition commissioner and top E.U. antitrust official, has been formally investigating Google since November 2010. He has insisted that Google make changes to the most sensitive area of its business, online search.


If Mr. Almunia ultimately accepts Google’s offer, the company will avoid further investigation that could lead to a fine of as much as 10 percent of its annual global sales, which came to about $50 billion last year. Google would also avoid a guilty finding that could restrict its activities in Europe.


“We continue to work cooperatively with the commission,” Al Verney, a spokesman for Google in Brussels, said Friday.


Antoine Colombani, a spokesman for Mr. Almunia, said at a news conference Friday that Google had sent “a detailed proposal,” which the commission was analyzing before taking further steps.


But there is no formal timeline in European antitrust cases, which means that negotiations could continue.


“I can’t anticipate the timing or the substance of the analysis,” Mr. Colombani said.


Mr. Almunia could still take a far more confrontational stance with Google by sending the company a statement of objections, which is the European equivalent of formal antitrust charges. But that is something Mr. Almunia has been eager to avoid because he favors nonlitigious solutions to antitrust problems, particularly in the fast-moving technology field, to prevent cases from dragging on for years.


Read More..

Well: Gluten-Free Muffin Recipes

For people who need to eliminate gluten from their diet, baking becomes a challenge. Beginners often find gluten-free baked goods too dense. Even the Recipes for Health columnist Martha Rose Shulman didn’t like the flavor of a commercial gluten-free flour mix, which left her gluten-free cookies and tart-shells with a strong taste of bean flour. As a result, she created her own gluten-free mix for baking muffins. She writes:

My son Liam still doesn’t know that the muffins he has been devouring all week are gluten-free.

I put together my own gluten-free flour mix, one without bean flour, and turned to America’s favorite Gluten-Free Girl, Shauna James Ahem, for guidance. I was already thinking about making muffins, and I wanted a mix that could replace the whole wheat flour I usually use in conjunction with other grains or flours. Her formula for a whole-grain flour mix is simple – 70 percent ground gluten-free grain like rice flour, millet flour, buckwheat flour or teff (the list on her site is a long one) and 30 percent starch like potato starch, cornstarch or arrowroot.

For this week’s recipes, I used what I had, which was brown rice flour, potato starch and cornstarch – 20 percent potato starch and 10 percent cornstarch — and that’s the basis for the nutritional analyses of this week’s recipes. I used this mix in conjunction with a gluten-free meal or flour, so the amount of pure starch in the batters is much less than 30 percent.

When you bake anything it is much simpler and results are more consistent if you use grams and scale your ingredients. This is especially true with gluten-free baking, since you are working with grain and starch formulas. Digital scales are not expensive and I urge you to switch over to this method if you like to bake. I have given approximate cup measures so the recipes will work both ways, but scaling is more accurate.

Here are five ways to bake gluten-free muffins:

Gluten-Free Banana Chocolate Muffins: These dark chocolate muffins taste more extravagant than they are.


Gluten-Free Cornmeal, Fig and Orange Muffins: A sweet and grainy cornmeal mixture makes for a delicious muffin.


Gluten-Free Whole Grain Cheese and Mustard Muffins: A savory muffin with a delicious strong flavor.


Gluten-Free Buckwheat, Poppy Seed and Blueberry Muffins: The buckwheat flour is high-fiber and makes a dark, richly-flavored muffin.


Gluten-Free Cornmeal Molasses Muffins: Strong molasses provides a good source of iron in an easy-to-make muffin.


Read More..

Well: Gluten-Free Muffin Recipes

For people who need to eliminate gluten from their diet, baking becomes a challenge. Beginners often find gluten-free baked goods too dense. Even the Recipes for Health columnist Martha Rose Shulman didn’t like the flavor of a commercial gluten-free flour mix, which left her gluten-free cookies and tart-shells with a strong taste of bean flour. As a result, she created her own gluten-free mix for baking muffins. She writes:

My son Liam still doesn’t know that the muffins he has been devouring all week are gluten-free.

I put together my own gluten-free flour mix, one without bean flour, and turned to America’s favorite Gluten-Free Girl, Shauna James Ahem, for guidance. I was already thinking about making muffins, and I wanted a mix that could replace the whole wheat flour I usually use in conjunction with other grains or flours. Her formula for a whole-grain flour mix is simple – 70 percent ground gluten-free grain like rice flour, millet flour, buckwheat flour or teff (the list on her site is a long one) and 30 percent starch like potato starch, cornstarch or arrowroot.

For this week’s recipes, I used what I had, which was brown rice flour, potato starch and cornstarch – 20 percent potato starch and 10 percent cornstarch — and that’s the basis for the nutritional analyses of this week’s recipes. I used this mix in conjunction with a gluten-free meal or flour, so the amount of pure starch in the batters is much less than 30 percent.

When you bake anything it is much simpler and results are more consistent if you use grams and scale your ingredients. This is especially true with gluten-free baking, since you are working with grain and starch formulas. Digital scales are not expensive and I urge you to switch over to this method if you like to bake. I have given approximate cup measures so the recipes will work both ways, but scaling is more accurate.

Here are five ways to bake gluten-free muffins:

Gluten-Free Banana Chocolate Muffins: These dark chocolate muffins taste more extravagant than they are.


Gluten-Free Cornmeal, Fig and Orange Muffins: A sweet and grainy cornmeal mixture makes for a delicious muffin.


Gluten-Free Whole Grain Cheese and Mustard Muffins: A savory muffin with a delicious strong flavor.


Gluten-Free Buckwheat, Poppy Seed and Blueberry Muffins: The buckwheat flour is high-fiber and makes a dark, richly-flavored muffin.


Gluten-Free Cornmeal Molasses Muffins: Strong molasses provides a good source of iron in an easy-to-make muffin.


Read More..

Google Submits Proposal in Bid to Resolve E.U. Antitrust Case







BRUSSELS — E.U. officials said Friday that Google had submitted proposals aimed at ending a three-year antitrust case focused on its hugely popular online search service, but the offer did not prevent rivals from seeking to prolong its legal entanglements.




After filing a new complaint against Google this past week, Icomp, an industry group backed by Microsoft, urged European regulators on Friday to approach the company’s proposal with caution.


“To be seen as a success, any settlement must include specific measures to restore competition and allow other parties to compete effectively on a level playing field,” David Wood, legal counsel for Icomp, said in a statement.


Michael Weber, chief executive of an online mapping service called hot-map.com, a member of Icomp based in Germany, said he hoped the offer by Google was “enough to restore competition,” but “if not, we will take into account all legal options we have and we won’t hesitate to use them.”


If they remain dissatisfied, critics of Google in Europe can sue the European Commission, the European Union’s executive arm, at the General Court of the European Court of Justice in Luxembourg for failing to push hard enough for an effective solution. Such cases can take years to reach a final judgment.


Google managed to reach one settlement Friday. In France, it agreed to pay €60 million, or $82 million, into a fund to help French media develop their presence on the Internet, the president’s office said. Publishers in France had been pushing for Google to pay them licensing fees for the headlines and summaries of articles in its search engines.


The new antitrust complaint by Icomp, filed Thursday, claimed the search giant was using exclusive agreements to discourage advertisers and publishers from using competing advertising platforms and search services like Bing and Yahoo.


Neither the company nor European officials were willing Friday to describe the settlement proposals. But it had been expected that Google would offer revisions to the way it conducts its online search business in Europe to address regulators’ concerns that the company’s activities were unfair to other Web publishers and its online competitors.


The two parties are still negotiating the terms of the proposed settlement, and a final agreement between Google and the commission is expected in the coming week, according to a person briefed on the negotiations who was not authorized to speak publicly before an agreement was reached.


The commission has taken a tougher line with Google than the U.S. Federal Trade Commission, which decided in January, after a 19-month inquiry into how the company operated its search engine, that Google had not broken antitrust laws.


Joaquín Almunia, the European competition commissioner and top E.U. antitrust official, has been formally investigating Google since November 2010. He has insisted that Google make changes to the most sensitive area of its business, online search.


If Mr. Almunia ultimately accepts Google’s offer, the company will avoid further investigation that could lead to a fine of as much as 10 percent of its annual global sales, which came to about $50 billion last year. Google would also avoid a guilty finding that could restrict its activities in Europe.


“We continue to work cooperatively with the commission,” Al Verney, a spokesman for Google in Brussels, said Friday.


Antoine Colombani, a spokesman for Mr. Almunia, said at a news conference Friday that Google had sent “a detailed proposal,” which the commission was analyzing before taking further steps.


But there is no formal timeline in European antitrust cases, which means that negotiations could continue.


“I can’t anticipate the timing or the substance of the analysis,” Mr. Colombani said.


Mr. Almunia could still take a far more confrontational stance with Google by sending the company a statement of objections, which is the European equivalent of formal antitrust charges. But that is something Mr. Almunia has been eager to avoid because he favors nonlitigious solutions to antitrust problems, particularly in the fast-moving technology field, to prevent cases from dragging on for years.


Read More..

Law Schools’ Applications Fall as Costs Rise and Jobs Are Cut





Law school applications are headed for a 30-year low, reflecting increased concern over soaring tuition, crushing student debt and diminishing prospects of lucrative employment upon graduation.




As of this month, there were 30,000 applicants to law schools for the fall, a 20 percent decrease from the same time last year and a 38 percent decline from 2010, according to the Law School Admission Council. Of some 200 law schools nationwide, only 4 have seen increases in applications this year. In 2004 there were 100,000 applicants to law schools; this year there are likely to be 54,000.


Such startling numbers have plunged law school administrations into soul-searching debate about the future of legal education and the profession over all.


“We are going through a revolution in law with a time bomb on our admissions books,” said William D. Henderson, a professor of law at Indiana University, who has written extensively on the issue. “Thirty years ago if you were looking to get on the escalator to upward mobility, you went to business or law school. Today, the law school escalator is broken.”


Responding to the new environment, schools are planning cutbacks and accepting students they would not have admitted before.


A few schools, like the Vermont Law School, have started layoffs and buyouts of staff. Others, like at the University of Illinois, have offered across-the-board tuition discounts to keep up enrollments. Brian Leiter of the University of Chicago Law School, who runs a blog on the topic, said he expected as many as 10 schools to close over the coming decade, and half to three-quarters of all schools to reduce class size, faculty and staff.


After the normal dropout of some applicants, the number of those matriculating in the fall will be about 38,000, the lowest since 1977, when there were two dozen fewer law schools, according to Brian Z. Tamanaha of Washington University Law School, the author of “Failing Law Schools.”


The drop in applications is widely viewed as directly linked to perceptions of the declining job market. Many of the reasons that law jobs are disappearing are similar to those for disruptions in other knowledge-based professions, namely the growth of the Internet. Research is faster and easier, requiring fewer lawyers, and is being outsourced to less expensive locales, including West Virginia and overseas.


In addition, legal forms are now available online and require training well below a lawyer’s to fill them out.


In recent years there has also been publicity about the debt load and declining job prospects for law graduates, especially of schools that do not generally provide employees to elite firms in major cities. Last spring, the American Bar Association released a study showing that within nine months of graduation in 2011, only 55 percent of those who finished law school found full-time jobs that required passage of the bar exam.


“Students are doing the math,” said Michelle J. Anderson, dean of the City University of New York School of Law. “Most law schools are too expensive, the debt coming out is too high and the prospect of attaining a six-figure-income job is limited.”


Mr. Tamanaha of Washington University said the rise in tuition and debt was central to the decrease in applications. In 2001, he said, the average tuition for private law school was $23,000; in 2012 it was $40,500 (for public law schools the figures were $8,500 and $23,600). He said that 90 percent of law students finance their education by taking on debt. And among private law school graduates, the average debt in 2001 was $70,000; in 2011 it was $125,000.


“We have been sharply increasing tuition during a low-inflation period,” he said of law schools collectively, noting that a year at a New York City law school can run to more than $80,000 including lodging and food. “And we have been maximizing our revenue. There is no other way to describe it. We will continue to need lawyers, but we need to bring the price down.”


Some argue that the drop is an indictment of the legal training itself — a failure to keep up with the profession’s needs.


“We have a significant mismatch between demand and supply,” said Gillian K. Hadfield, professor of law and economics at the University of Southern California. “It’s not a problem of producing too many lawyers. Actually, we have an exploding demand for both ordinary folk lawyers and big corporate ones.”


She said that, given the structure of the legal profession, it was hard to make a living dealing with matters like mortgage and divorce, and that big corporations were dissatisfied with what they see as the overly academic training at elite law schools.


The drop in law school applications is unlike what is happening in almost any other graduate or professional training, except perhaps to veterinarians. Medical school applications have been rising steadily for the past decade.


Debra W. Stewart, president of the Council of Graduate Schools, said applicants to master of business degrees were steady — a 0.8 percent increase among Americans in 2011 after a decade of substantial growth. But growth in foreign student applications — 13 percent over the same period — made up the difference, something from which law schools cannot benefit, since foreigners have less interest in American legal training.


In the legal academy, there has been discussion about how to make training less costly and more relevant, with special emphasis on the last year of law school. A number of schools, including elite ones like Stanford, have increased their attention to clinics, where students get hands-on training. Northeastern Law School in Boston, which has long emphasized in-the-field training, has had one of the smallest decreases in its applicant pool this year, according to Jeremy R. Paul, the new dean.


There is also discussion about permitting students to take the bar after only two years rather than three, a decision that would have to be made by the highest officials of a state court system. In New York, the proposal is under active consideration largely because of a desire to reduce student debt.


Some, including Professor Hadfield of the University of Southern California, have called for one- or two-year training programs to create nonlawyer specialists for many tasks currently done by lawyers. Whether or not such changes occur, for now the decline is creating what many see as a cultural shift.


“In the ’80s and ’90s, a liberal arts graduate who didn’t know what to do went to law school,” Professor Henderson of Indiana said. “Now you get $120,000 in debt and a default plan of last resort whose value is just too speculative. Students are voting with their feet. There are going to be massive layoffs in law schools this fall. We won’t have the bodies we need to meet the payroll.”


This article has been revised to reflect the following correction:

Correction: January 31, 2013

An earlier version of this article misidentified those at the Vermont Law School who would be subject to layoffs and buyouts. It is the staff, not professors.



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During Trial, New Details Emerge on DuPuy Hip





When Johnson & Johnson announced the appointment in 2011 of an executive to head the troubled orthopedics division whose badly flawed artificial hip had been recalled, the company billed the move as a fresh start.




But that same executive, it turns out, had supervised the implant’s introduction in the United States and had been told by a top company consultant three years before the device was recalled that it was faulty.


In addition, the executive also held a senior marketing position at a time when Johnson & Johnson decided not to tell officials outside the United States that American regulators had refused to allow sale of a version of the artificial hip in this country.


The details about the involvement of the executive, Andrew Ekdahl, with the all-metal hip implant emerged Wednesday in Los Angeles Superior Court during the trial of a patient lawsuit against the DePuy Orthopaedics division of Johnson & Johnson. More than 10,000 lawsuits have been filed against DePuy in connection with the device — the Articular Surface Replacement, or A.S.R. — and the Los Angeles case is the first to go to trial.


The information about the depth of Mr. Ekdahl’s involvement with the implant may raise questions about DePuy’s ability to put the A.S.R. episode behind it.


Asked in an e-mail why the company had promoted Mr. Ekdahl, a DePuy spokeswoman, Lorie Gawreluk, said the company “seeks the most accomplished and competent people for the job.”


On Wednesday, portions of Mr. Ekdahl’s videotaped testimony were shown to jurors in the Los Angeles case. Other top DePuy marketing executives who played roles in the A.S.R. development are expected to testify in coming days. Mr. Ekdahl, when pressed in the taped questioning on whether DePuy had recalled the A.S.R. because it was unsafe, repeatedly responded that the company had recalled it “because it did not meet the clinical standards we wanted in the marketplace.”


Before the device’s recall in mid-2010, Mr. Ekdahl and those executives all publicly asserted that the device was performing extremely well. But internal documents that have become public as a result of litigation conflict with such statements.


In late 2008, for example, a surgeon who served as one of DePuy’s top consultants told Mr. Ekdahl and two other DePuy marketing officials that he was concerned about the cup component of the A.S.R. and believed it should be “redesigned.” At the time, DePuy was aggressively promoting the device in the United States as a breakthrough and it was being implanted into thousands of patients.


“My thoughts would be that DePuy should at least de-emphasize the A.S.R. cup while the clinical results are studied,” that consultant, Dr. William Griffin, wrote.


A spokesman for Dr. Griffin said he was not available for comment.


The A.S.R., whose cup and ball components were both made of metal, was first sold by DePuy in 2003 outside the United States for use in an alternative hip replacement procedure called resurfacing. Two years later, DePuy started selling another version of the A.S.R. for use here in standard hip replacement that used the same cup component as the resurfacing device. Only the standard A.S.R. was sold in the United States; both versions were sold outside the country.


Before the device recall in mid-2010, about 93,000 patients worldwide received an A.S.R., about a third of them in this country. Internal DePuy projections estimate that it will fail in 40 percent of those patients within five years; a rate eight times higher than for many other hip devices.


Mr. Ekdahl testified via tape Wednesday that he had been placed in charge of the 2005 introduction of the standard version of the A.S.R. in this country. Within three years, he and other DePuy executives were receiving reports that the device was failing prematurely at higher than expected rates, apparently because of problems related to the cup’s design, documents disclosed during the trial indicate.


Along with other DePuy executives, he also participated in a meeting that resulted in a proposal to redesign the A.S.R. cup. But that plan was dropped, apparently because sales of the implant had not justified the expense, DePuy documents indicate.


In the face of growing complaints from surgeons about the A.S.R., DePuy officials maintained that the problems were related to how surgeons were implanting the cup, not from any design flaw. But in early 2009, a DePuy executive wrote to Mr. Ekdahl and other marketing officials that the early failures of the A.S.R. resurfacing device and the A.S.R. traditional implant, known as the XL, were most likely design-related.


“The issue seen with A.S.R. and XL today, over five years post-launch, are most likely linked to the inherent design of the product and that is something we should recognize,” that executive, Raphael Pascaud wrote in March 2009.


Last year, The New York Times reported that DePuy executives decided in 2009 to phase out the A.S.R. and sell existing inventories weeks after the Food and Drug Administration asked the company for more safety data about the implant.


The F.D.A. also told the company at that time that it was rejecting its efforts to sell the resurfacing version of the device in the United States because of concerns about “high concentration of metal ions” in the blood of patients who received it.


DePuy never disclosed the F.D.A. ruling to regulators in other countries where it was still marketing the resurfacing version of the implant.


During a part of that period, Mr. Ekdahl was overseeing sales in Europe and other regions for DePuy. When The Times article appeared last year, he issued a statement, saying that any implication that the F.D.A. had determined there were safety issues with the A.S.R. was “simply untrue.” “This was purely a business decision,” Mr. Ekdahl stated at that time.


This article has been revised to reflect the following correction:

Correction: January 30, 2013

The headline on an earlier version of this article described the start of the DePuy trial incorrectly. It began last week, not Wednesday. The error was repeated in an earlier summary.



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Well: Waiting for Alzheimer's to Begin

My gray matter might be waning. Then again, it might not be. But I swear that I can feel memories — as I’m making them — slide off a neuron and into a tangle of plaque. I steel myself for those moments to come when I won’t remember what just went into my head.

I’m not losing track of my car keys, which is pretty standard in aging minds. Nor have I ever forgotten to turn off the oven after use, common in menopausal women. I can always find my car in the parking lot, although lots of “normal” folk can’t.

Rather, I suddenly can’t remember the name of someone with whom I’ve worked for years. I cover by saying “sir” or “madam” like the Southerner I am, even though I live in Vermont and grown people here don’t use such terms. Better to think I’m quirky than losing my faculties. Sometimes I’ll send myself an e-mail to-do reminder and then, seconds later, find myself thrilled to see a new entry pop into my inbox. Oops, it’s from me. Worse yet, a massage therapist kicked me out of her practice for missing three appointments. I didn’t recall making any of them. There must another Nancy.

Am I losing track of me?

Equally worrisome are the memories increasingly coming to the fore. Magically, these random recollections manage to circumnavigate my imagined build-up of beta-amyloid en route to delivering vivid images of my father’s first steps down his path of forgetting. He was the same age I am now, which is 46.

“How old are you?” I recall him asking me back then. Some years later, he began calling me every Dec. 28 to say, “Happy birthday,” instead of on the correct date, Dec. 27. The 28th had been his grandmother’s birthday.

The chasms were small at first. Explainable. Dismissible. When he crossed the street without looking both ways, we chalked it up to his well-cultivated, absent-minded professor persona. But the chasms grew into sinkholes, and eventually quicksand. When we took him to get new pants one day, he kept trying on the same ones he wore to the store.

“I like these slacks,” he’d say, over and over again, as he repeatedly pulled his pair up and down.

My dad died of Alzheimer’s last April at age 73 — the same age at which his father succumbed to the same disease. My dad ended up choosing neurology as his profession after witnessing the very beginning of his own dad’s forgetting.

Decades later, grandfather’s atrophied brain found its way into a jar on my father’s office desk. Was it meant to be an ever-present reminder of Alzheimer’s effect? Or was it a crystal ball sent to warn of genetic fate? My father the doctor never said, nor did he ever mention, that it was his father’s gray matter floating in that pool of formaldehyde.

Using the jarred brain as a teaching tool, my dad showed my 8-year-old self the difference between frontal and temporal lobes. He also pointed out how brains with Alzheimer’s disease become smaller, and how wide grooves develop in the cerebral cortex. But only after his death — and my mother’s confession about whose brain occupied that jar — did I figure out that my father was quite literally demonstrating how this disease runs through our heads.

Has my forgetting begun?

I called my dad’s neurologist. To find out if I was in the earliest stages of Alzheimer’s, he would have to look for proteins in my blood or spinal fluid and employ expensive neuroimaging tests. If he found any indication of onset, the only option would be experimental trials.

But documented confirmation of a diseased brain would break my still hopeful heart. I’d walk around with the scarlet letter “A” etched on the inside of my forehead — obstructing how I view every situation instead of the intermittent clouding I currently experience.

“You’re still grieving your father,” the doctor said at the end of our call. “Sadness and depression affect the memory, too. Let’s wait and see.”

It certainly didn’t help matters that two people at my father’s funeral made some insensitive remarks.

“Nancy, you must be scared to death.”

“Is it hard knowing the same thing probably will happen to you?”

Maybe the real question is what to do when the forgetting begins. My dad started taking 70 supplements a day in hopes of saving his mind. He begged me to kill him if he wound up like his father. He retired from his practice and spent all day in a chair doing puzzles. He stopped making new memories in an all-out effort to preserve the ones he already had.

Maybe his approach wasn’t the answer.

Just before his death — his brain a fraction of its former self — my father managed to offer up a final lesson. I was visiting him in the memory-care center when he got a strange look on his face. I figured it was gas. But then his eyes lit up and a big grin overtook him, and he looked right at me and said, “Funny how things turn out.”

An unforgettable moment?

I can only hope.



Nancy Stearns Bercaw is a writer in Vermont. Her book, “Brain in a Jar: A Daughter’s Journey Through Her Father’s Memory,” will be published in April 2013 by Broadstone.

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Chinese Hackers Infiltrate New York Times Computers




A Cyberattack From China:
TimesCast: Chinese hackers infiltrated The New York Times’s computer systems, getting passwords for its reporters and others.







SAN FRANCISCO — For the last four months, Chinese hackers have persistently attacked The New York Times, infiltrating its computer systems and getting passwords for its reporters and other employees.




After surreptitiously tracking the intruders to study their movements and help erect better defenses to block them, The Times and computer security experts have expelled the attackers and kept them from breaking back in.


The timing of the attacks coincided with the reporting for a Times investigation, published online on Oct. 25, that found that the relatives of Wen Jiabao, China’s prime minister, had accumulated a fortune worth several billion dollars through business dealings.


Security experts hired by The Times to detect and block the computer attacks gathered digital evidence that Chinese hackers, using methods that some consultants have associated with the Chinese military in the past, breached The Times’s network. They broke into the e-mail accounts of its Shanghai bureau chief, David Barboza, who wrote the reports on Mr. Wen’s relatives, and Jim Yardley, The Times’s South Asia bureau chief in India, who previously worked as bureau chief in Beijing.


“Computer security experts found no evidence that sensitive e-mails or files from the reporting of our articles about the Wen family were accessed, downloaded or copied,” said Jill Abramson, executive editor of The Times.


The hackers tried to cloak the source of the attacks on The Times by first penetrating computers at United States universities and routing the attacks through them, said computer security experts at Mandiant, the company hired by The Times. This matches the subterfuge used in many other attacks that Mandiant has tracked to China.


The attackers first installed malware — malicious software — that enabled them to gain entry to any computer on The Times’s network. The malware was identified by computer security experts as a specific strain associated with computer attacks originating in China. More evidence of the source, experts said, is that the attacks started from the same university computers used by the Chinese military to attack United States military contractors in the past.


Security experts found evidence that the hackers stole the corporate passwords for every Times employee and used those to gain access to the personal computers of 53 employees, most of them outside The Times’s newsroom. Experts found no evidence that the intruders used the passwords to seek information that was not related to the reporting on the Wen family.


No customer data was stolen from The Times, security experts said.


Asked about evidence that indicated the hacking originated in China, and possibly with the military, China’s Ministry of National Defense said, “Chinese laws prohibit any action including hacking that damages Internet security.” It added that “to accuse the Chinese military of launching cyberattacks without solid proof is unprofessional and baseless.”


The attacks appear to be part of a broader computer espionage campaign against American news media companies that have reported on Chinese leaders and corporations.


Last year, Bloomberg News was targeted by Chinese hackers, and some employees’ computers were infected, according to a person with knowledge of the company’s internal investigation, after Bloomberg published an article on June 29 about the wealth accumulated by relatives of Xi Jinping, China’s vice president at the time. Mr. Xi became general secretary of the Communist Party in November and is expected to become president in March. Ty Trippet, a spokesman for Bloomberg, confirmed that hackers had made attempts but said that “no computer systems or computers were compromised.”


Signs of a Campaign


The mounting number of attacks that have been traced back to China suggest that hackers there are behind a far-reaching spying campaign aimed at an expanding set of targets including corporations, government agencies, activist groups and media organizations inside the United States. The intelligence-gathering campaign, foreign policy experts and computer security researchers say, is as much about trying to control China’s public image, domestically and abroad, as it is about stealing trade secrets.


This article has been revised to reflect the following correction:

Correction: January 31, 2013

An earlier version of this article misstated the timing of a cyberattack that caused damage at Iran’s main nuclear enrichment plant. Evidence suggests that the United States and Israel released a computer worm around 2008, not 2012.



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Two More Pakistani Polio Workers Killed





ISLAMABAD, Pakistan — A roadside bomb killed two polio workers in northwestern Pakistan on Thursday, in the third such attack this week on workers struggling to immunize children against the crippling disease.




The explosion struck as the two workers, with a United Nations-backed campaign, were traveling by motorcycle near Parachinar in the Kurram District, near the border with Afghanistan.


It was the first such attack on health workers in that area, said a senior local official speaking by phone on the condition of anonymity, offering further evidence that a Taliban-led campaign of violence and intimidation against polio workers is spreading across northwestern Pakistan.


Despite an internationally supported campaign to halt polio in Pakistan, infection rates have soared across the country in the past year, coinciding with a wave of militant attacks against the poorly protected workers at the heart of the effort. Some militants accuse polio workers of using vaccination as a cover to spy on behalf of the United States — a claim that has been fueled by the revelation that the C.I.A. used a vaccination drive as cover for the effort to find Osama bin Laden in Abbottabad in early 2011.


The violence has badly affected vaccination efforts, which involve tens of thousands of health workers who repeatedly administer cheap oral vaccines to children under 5.


Nine polio workers were killed in a string of attacks across the country in December. On Tuesday, suspected militants fatally shot a police officer who had been escorting female polio workers in the Swabi District, 50 miles east of Peshawar, the capital of Khyber-Pakhtunkhwa Province.


The shooting prompted officials to suspend the campaign in Swabi, but they pressed ahead in other parts of Khyber-Pakhtunkhwa and the adjoining tribal belt. Another polio worker was wounded by a man with an ax in an unrelated episode on Tuesday.


It was unclear, however, whether the latest killings were directly related to the polio campaign. The Kurram District has a history of violence between Shiite and Sunni Muslims, and the local official said it was unclear whether the explosion targeted the two workers for their links to the polio campaign or for their religious affiliation.


Violence against polio workers is not confined to the turbulent northwest. United Nations workers in Karachi, the port city on the Arabian Sea, have also suffered attacks that have set back efforts to wipe the disease from the city, Pakistan’s most populous.


Pakistan is one of three countries, along with Nigeria and Afghanistan, where polio remains endemic.


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Nintendo Warns of Weak Wii U Sales







TOKYO — Nintendo said Wednesday that it expected to sell far fewer units of its Wii U game console than it had anticipated, reducing the sales outlook for its flagship device just two months after its release.




Nintendo has a lot riding on the Wii U, the successor to the Wii, which revolutionized the gaming industry six years ago with a casual approach that brought video games to new audiences. The company is banking on the Wii U to revive its fortunes after the disappointing introduction in 2011 of its hand-held gaming machine, the 3DS, which prompted the company to sharply reduce its price to stoke demand.


Nintendo executives had also said the Wii U would prove that dedicated game systems still had a future in a world now teeming with less expensive, more convenient mobile games played on smartphones and tablets.


The latest numbers from Nintendo are not promising. The company said that it had sold 3.06 million Wii U games and that it expected sales to hit just 4 million units through March, almost 30 percent less than a previous projection of 5.5 million.


Nintendo also downgraded its 3DS sales expectations, saying that it would sell 15 million units through March instead of its previous forecast of 17.5 million units, and that it expected to sell fewer games.


“Nintendo needs a change in strategy,” said Michael Pachter, a gaming research analyst for Wedbush Securities, a Los Angeles-based investment firm. He said Nintendo had botched the Wii U design — a touch screen used together with a television — and the device was unimpressive for core gamers and baffling for casual ones.


Nintendo executives needed to restructure the company so it would continue to be profitable even with lower hardware sales, Mr. Pachter said. He also said the company should considering developing smartphone games, a move Nintendo has resisted.


“Smartphones and tablets are nibbling away at the edges of the market for games,” he said. “If they can’t beat it, they should consider making money off it. Why can’t Mario be on the smartphone?”


Still, Nintendo has returned to profitability for the first nine months of its business year, largely thanks to the weakening of the yen. That lowers the costs of Japanese exporters and bolsters their earnings.


Nintendo’s profit for the April-to-December period came to ¥14.55 billion, or $160 million, compared with a loss of ¥48.35 billion a year earlier, the company said in an earnings announcement that painted a mixed picture of its prospects.


The company raised its profit forecast for the business year through March to ¥14 billion from ¥6 billion. Nintendo does not break out quarterly results.


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The Consumer: The Drug-Dose Gender Gap

Most sleeping pills are designed to knock you out for eight hours. When the Food and Drug Administration was evaluating a new short-acting pill for people to take when they wake up in the middle of the night, agency scientists wanted to know how much of the drug would still be in users’ systems come morning.

Blood tests uncovered a gender gap: Men metabolized the drug, Intermezzo, faster than women. Ultimately the F.D.A. approved a 3.5 milligram pill for men, and a 1.75 milligram pill for women.

The active ingredient in Intermezzo, zolpidem, is used in many other sleeping aids, including Ambien. But it wasn’t until earlier this month that the F.D.A. reduced doses of Ambien for women by half.

Sleeping pills are hardly the only medications that may have unexpected, even dangerous, effects in women. Studies have shown that women respond differently than men to many drugs, from aspirin to anesthesia. Researchers are only beginning to understand the scope of the issue, but many believe that as a result, women experience a disproportionate share of adverse, often more severe, side effects.

“This is not just about Ambien — that’s just the tip of the iceberg,” said Dr. Janine Clayton, director for the Office of Research on Women’s Health at the National Institutes of Health. “There are a lot of sex differences for a lot of drugs, some of which are well known and some that are not well recognized.”

Until 1993, women of childbearing age were routinely excluded from trials of new drugs. When the F.D.A. lifted the ban that year, agency researchers noted that because landmark studies on aspirin in heart disease and stroke had not included women, the scientific community was left “with doubts about whether aspirin was, in fact, effective in women for these indications.”

Because so many drugs were tested mostly or exclusively in men, scientists may know little of their effects on women until they reach the market. A Government Accountability Office study found that 8 of 10 drugs removed from the market from 1997 through 2000 posed greater health risks to women.

For example, Seldane, an antihistamine, and the gastrointestinal drug Propulsid both triggered a potentially fatal heart arrhythmia more often in women than in men. Many drugs still on the market cause this arrhythmia more often in women, including antibiotics, antipsychotics, anti-malarial drugs and cholesterol-lowering drugs, Dr. Clayton said. Women also tend to use more medications than men.

The sex differences cut both ways. Some drugs, like the high blood pressure drug Verapamil and the antibiotic erythromycin, appear to be more effective in women. On the other hand, women tend to wake up from anesthesia faster than men and are more likely to experience side effects from anesthetic drugs, according to the Society for Women’s Health Research.

Women also react differently to alcohol, tobacco and cocaine, studies have found.

It’s not just because women tend to be smaller than men. Women metabolize drugs differently because they have a higher percentage of body fat and experience hormonal fluctuations and the monthly menstrual cycle. “Some drugs are more water-based and like to hang out in the blood, and some like to hang out in the fat tissue,” said Wesley Lindsey, assistant professor of pharmacy practice at Auburn University, who is a co-author of a paper on sex-based differences in drug activity.

“If the drug is lipophilic” — attracted to fat cells — “it will move into those tissues and hang around for longer,” Dr. Lindsey added. “The body won’t clear it as quickly, and you’ll see effects longer.”

There are also sex differences in liver metabolism, kidney function and certain gastric enzymes. Oral contraceptives, menopause and post-menopausal hormone treatment further complicate the picture. Some studies suggest, for example, that when estrogen levels are low, women may need higher doses of drugs called angiotensin receptor blockers to lower blood pressure, because they have higher levels of proteins that cause the blood vessels to constrict, said Kathryn Sandberg, director of the Center for the Study of Sex Differences in Health, Aging and Disease at Georgetown.

Many researchers say data on these sex differences must be gathered at the very beginning of a drug’s development — even before trials on human subjects begin.

“The path to a new drug starts with the basic science — you study an animal model of the disease, and that’s where you discover a drug target,” Dr. Sandberg said. “But 90 percent of researchers are still studying male animal models of the disease.”

There have been improvements. In an interview, Dr. Robert Temple, with the Center for Drug Evaluation and Research at the F.D.A., said the agency’s new guidelines in 1993 called for studies of sex differences at the earliest stages of drug development, as well as for analysis of clinical trial data by sex.

He said early research on an irritable bowel syndrome drug, alosetron (Lotronex), suggested it would not be effective in men. As a result, only women were included in clinical trials, and it was approved only for women. (Its use is restricted now because of serious side effects.)

But some scientists say drug metabolism studies with only 10 or 15 subjects are too small to pick up sex differences. Even though more women participate in clinical trials than in the past, they are still underrepresented in trials for heart and kidney disease, according to one recent analysis, and even in cancer trials.

“The big problem is we’re not quite sure how much difference this makes,” Dr. Lindsey said. “We just don’t have a good handle on it.”


Readers may submit comments or questions for The Consumer by e-mail to consumer@nytimes.com.

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The Consumer: The Drug-Dose Gender Gap

Most sleeping pills are designed to knock you out for eight hours. When the Food and Drug Administration was evaluating a new short-acting pill for people to take when they wake up in the middle of the night, agency scientists wanted to know how much of the drug would still be in users’ systems come morning.

Blood tests uncovered a gender gap: Men metabolized the drug, Intermezzo, faster than women. Ultimately the F.D.A. approved a 3.5 milligram pill for men, and a 1.75 milligram pill for women.

The active ingredient in Intermezzo, zolpidem, is used in many other sleeping aids, including Ambien. But it wasn’t until earlier this month that the F.D.A. reduced doses of Ambien for women by half.

Sleeping pills are hardly the only medications that may have unexpected, even dangerous, effects in women. Studies have shown that women respond differently than men to many drugs, from aspirin to anesthesia. Researchers are only beginning to understand the scope of the issue, but many believe that as a result, women experience a disproportionate share of adverse, often more severe, side effects.

“This is not just about Ambien — that’s just the tip of the iceberg,” said Dr. Janine Clayton, director for the Office of Research on Women’s Health at the National Institutes of Health. “There are a lot of sex differences for a lot of drugs, some of which are well known and some that are not well recognized.”

Until 1993, women of childbearing age were routinely excluded from trials of new drugs. When the F.D.A. lifted the ban that year, agency researchers noted that because landmark studies on aspirin in heart disease and stroke had not included women, the scientific community was left “with doubts about whether aspirin was, in fact, effective in women for these indications.”

Because so many drugs were tested mostly or exclusively in men, scientists may know little of their effects on women until they reach the market. A Government Accountability Office study found that 8 of 10 drugs removed from the market from 1997 through 2000 posed greater health risks to women.

For example, Seldane, an antihistamine, and the gastrointestinal drug Propulsid both triggered a potentially fatal heart arrhythmia more often in women than in men. Many drugs still on the market cause this arrhythmia more often in women, including antibiotics, antipsychotics, anti-malarial drugs and cholesterol-lowering drugs, Dr. Clayton said. Women also tend to use more medications than men.

The sex differences cut both ways. Some drugs, like the high blood pressure drug Verapamil and the antibiotic erythromycin, appear to be more effective in women. On the other hand, women tend to wake up from anesthesia faster than men and are more likely to experience side effects from anesthetic drugs, according to the Society for Women’s Health Research.

Women also react differently to alcohol, tobacco and cocaine, studies have found.

It’s not just because women tend to be smaller than men. Women metabolize drugs differently because they have a higher percentage of body fat and experience hormonal fluctuations and the monthly menstrual cycle. “Some drugs are more water-based and like to hang out in the blood, and some like to hang out in the fat tissue,” said Wesley Lindsey, assistant professor of pharmacy practice at Auburn University, who is a co-author of a paper on sex-based differences in drug activity.

“If the drug is lipophilic” — attracted to fat cells — “it will move into those tissues and hang around for longer,” Dr. Lindsey added. “The body won’t clear it as quickly, and you’ll see effects longer.”

There are also sex differences in liver metabolism, kidney function and certain gastric enzymes. Oral contraceptives, menopause and post-menopausal hormone treatment further complicate the picture. Some studies suggest, for example, that when estrogen levels are low, women may need higher doses of drugs called angiotensin receptor blockers to lower blood pressure, because they have higher levels of proteins that cause the blood vessels to constrict, said Kathryn Sandberg, director of the Center for the Study of Sex Differences in Health, Aging and Disease at Georgetown.

Many researchers say data on these sex differences must be gathered at the very beginning of a drug’s development — even before trials on human subjects begin.

“The path to a new drug starts with the basic science — you study an animal model of the disease, and that’s where you discover a drug target,” Dr. Sandberg said. “But 90 percent of researchers are still studying male animal models of the disease.”

There have been improvements. In an interview, Dr. Robert Temple, with the Center for Drug Evaluation and Research at the F.D.A., said the agency’s new guidelines in 1993 called for studies of sex differences at the earliest stages of drug development, as well as for analysis of clinical trial data by sex.

He said early research on an irritable bowel syndrome drug, alosetron (Lotronex), suggested it would not be effective in men. As a result, only women were included in clinical trials, and it was approved only for women. (Its use is restricted now because of serious side effects.)

But some scientists say drug metabolism studies with only 10 or 15 subjects are too small to pick up sex differences. Even though more women participate in clinical trials than in the past, they are still underrepresented in trials for heart and kidney disease, according to one recent analysis, and even in cancer trials.

“The big problem is we’re not quite sure how much difference this makes,” Dr. Lindsey said. “We just don’t have a good handle on it.”


Readers may submit comments or questions for The Consumer by e-mail to consumer@nytimes.com.

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Streaming Shakes Up Music Industry’s Model for Royalties


Jim Wilson/The New York Times


Zoe Keating published on her blog the details of what she made in royalties from the Web streaming of her music. It wasn’t a lot.







Like plenty of music fans, Sam Broe jumped at the chance to join Spotify two summers ago, and he hasn’t looked back.




Spotify, which began streaming music in Sweden in 2008, lets users choose from millions of songs over the Internet free or by subscription, and is increasingly seen as representing the future of music consumption. Mr. Broe, a 26-year-old from Brooklyn, said that having all that music at his fingertips helped him trim his monthly music budget from $30 to the $10 fee he pays for Spotify’s premium service.


“The only time I download anything on iTunes is in the rare case that I can’t find it on Spotify,” he said.


A decade after Apple revolutionized the music world with its iTunes store, the music industry is undergoing another, even more radical, digital transformation as listeners begin to move from CDs and downloads to streaming services like Spotify, Pandora and YouTube.


As purveyors of legally licensed music, they have been largely welcomed by an industry still buffeted by piracy. But as the companies behind these digital services swell into multibillion-dollar enterprises, the relative trickle of money that has made its way to artists is causing anxiety at every level of the business.


Late last year, Zoe Keating, an independent musician from Northern California, provided an unusually detailed case in point. In voluminous spreadsheets posted to her Tumblr blog, she revealed the royalties she gets from various services, down to the ten-thousandth of a cent.


Even for an under-the-radar artist like Ms. Keating, who describes her style as “avant cello,” the numbers painted a stark picture of what it is like to be a working musician these days. After her songs had been played more than 1.5 million times on Pandora over six months, she earned $1,652.74. On Spotify, 131,000 plays last year netted just $547.71, or an average of 0.42 cent a play.


“In certain types of music, like classical or jazz, we are condemning them to poverty if this is going to be the only way people consume music,” Ms. Keating said.


The way streaming services pay royalties represents a major shift in the economic gears that have been underlying the industry for decades.


From 78 r.p.m. records to the age of iTunes, artists’ record royalties have been counted as a percentage of a sale price. On a 99-cent download, a typical artist may earn 7 to 10 cents after deductions for the retailer, the record company and the songwriter, music executives say. One industry joke calls the flow of these royalties a “river of nickels.”


In the new economics of streaming music, however, the river of nickels looks more like a torrent of micropennies.


Spotify, Pandora and others like them pay fractions of a cent to record companies and publishers each time a song is played, some portion of which goes to performers and songwriters as royalties. Unlike the royalties from a sale, these payments accrue every time a listener clicks on a song, year after year.


The question dogging the music industry is whether these micropayments can add up to anything substantial.


“No artist will be able to survive to be professionals except those who have a significant live business, and that’s very few,” said Hartwig Masuch, chief executive of BMG Rights Management.


Spotify has 20 million users in 17 countries, with five million of them paying $5 to $10 a month to eliminate the ads seen by freeloaders.


In a recent interview, Sean Parker, a board member, said he believed Spotify would eventually attract enough subscribers to help return the music industry to its former glory — that is, to the days before Mr. Parker’s first major enterprise, Napster, came along.


“I believe that Spotify is the company that will make it succeed,” said Mr. Parker, who is also a former president of Facebook. “It’s the right model if you want to build the pot of money back up to where it was in the late ’90s, when the industry was at its peak. This is the only model that’s going to get you there.”


This article has been revised to reflect the following correction:

Correction: January 29, 2013

An earlier version of this article gave an incorrect estimate of the potential earnings of a song on Spotify’s paid tier. According to a number of music executives, Spotify generally pays 0.5 to 0.7 cent a stream for the paid tier, which results in $5,000 to $7,000 per million plays, not $5,000 to $8,000.

This article has been revised to reflect the following correction:

Correction: January 30, 2013

An earlier version of this article described the $7 billion American recording industry incorrectly. That figure refers to its annual revenue in 2011 — not its “bottom line,” a term that refers to net profit, not sales.



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Somalia Moves to Prosecute Woman Who Accused Soldiers of Rape





NAIROBI, Kenya — The Somali government, in a move that has outraged human rights groups, has charged a woman who said she was gang-raped by soldiers with making a false accusation and having “insulted and lowered the dignity of a National Institution,” crimes that could mean many years in prison.




The woman’s husband has also been jailed — essentially for backing up his wife’s allegations — and so has a Somali journalist who interviewed the woman, even though he never published any information.


The Somali government said that the woman was lying for financial gain and that she later admitted that her story was “bogus.”


But Somali advocacy groups criticized the government’s hard line on this case, which they said would prompt many rape victims to remain silent despite years of trying to empower them to come forward.


“Women are now asking me, ‘Who’s going to protect us?’ ” said Fartuun Adan, who runs a shelter for abused women in Somalia. “They’re saying, ‘What are we supposed to do?’ ”


There is no question that rape by armed men is a serious problem in Somalia. Though Somalia has become significantly more stable, there are still thousands of young women living in squalid displaced-persons camps and loose bands of soldiers and other gunmen roaming around with heavy weapons, essentially doing as they please.


This week, a United Nations official reported more than 1,100 cases of sexual violence last year in Somalia, a figure that the United Nations considers alarming but an underestimation.


When Somalia’s new president, Hassan Sheikh Mohamud, took office last year, he announced that his government was committed to cracking down on rapists and protecting vulnerable women.


But in the past few weeks, Somali government officials have aggressively pursued the woman who made the recent rape allegation, saying that her story was “simply baseless” and that a medical examiner confirmed she had not been raped.


Several people in Mogadishu, Somalia’s capital, who have met the woman said she was forced by the police to recant. The woman, whose identity has been released by the Somali government but is being withheld by The New York Times, is 27 years old and has been living in a displaced-persons camp in Mogadishu with several young children. She said she was raped last August by five members of the government’s security services who forced her at gunpoint into an abandoned high school and then took turns assaulting her. She was on her way to get food for the children at the time, she said.


Her prosecution appears to be linked to an article by Al Jazeera published on Jan. 6 that detailed rape allegations against government soldiers and apparently embarrassed the new government, which recently has been making the rounds with donor nations, asking for millions to help rebuild Somalia.


But Al Jazeera did not base its article on the woman’s allegations. After the article appeared, police officials found out that the woman had accused government soldiers of rape and then they arrested Abdiaziz Abdinur Ibrahim, a freelance journalist who had interviewed her, even though he did not work with Al Jazeera or publish any of his information.


Mr. Ibrahim, 25, has been in jail for more than two weeks, along with the woman’s husband. The three appeared in court on Tuesday, along with two others connected to the case, and more hearings are expected next week.


In the recent past, the worst culprit for rape in Somalia was the Shabab militant group, which presented itself as a morally righteous rebel force and the defender of Islam, even though it had been seizing women and girls as spoils of war, gang-raping and abusing them as part of its reign of terror. Many victims and witnesses said that Shabab militants forced families to hand over girls for arranged marriages that often lasted no more than a few weeks and were essentially sexual slavery, a cheap way to bolster their ranks’ flagging morale. One teenage girl who refused to be locked into such a marriage was buried up to her neck in sand and then had her head bashed in, rock by rock.


But as the Shabab have been pushed out by African Union peacekeepers from most of the areas they used to control, government troops are now a bigger problem in terms of preying upon defenseless civilians, human rights advocates say.


Lisa Shannon, an American who co-founded Sister Somalia, an organization that helps rape victims in Somalia, recently visited Mogadishu, where she heard many allegations of government soldiers’ gang-raping women.


She said the attacks were “happening in camps, happening around town, it has not slowed down at all.”


She called the case against the woman who made the recent rape allegation a “huge red flag.”


“It’s taken a long time to get women in Somalia to speak openly about this,” Ms. Shannon said on Wednesday. “Now they are all terrified.”


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DealBook: R.B.S. Stock Drops Amid Concerns of Potential Guilty Plea in Libor Case

Shares of the Royal Bank of Scotland stumbled on Tuesday after it emerged that federal authorities are pursuing a guilty plea against an Asian subsidiary at the center of an interest rate manipulation scandal.

Following a template developed in last year’s rare-rigging case against UBS, the Justice Department is pushing for the criminal action against the Royal Bank of Scotland, along with fines and penalties, according to two people with knowledge of the matter. The case could come as soon as next week.

The R.B.S. settlement is likely to include more than $650 million in fines levied by the American and British authorities, according to two other people with direct knowledge of the matter. At that level, the penalties would be the second largest settlement in the rate manipulation case after a $1.5 billion agreement with the Swiss bank UBS last month. Barclays paid $450 million last summer.

The Justice Department’s criminal division, which is pushing for a guilty plea with the Asian subsidiary of the Royal Bank of Scotland, could also strike a nonprosecution agreement with the parent company.

The threat of charges against the subsidiary weighed on the stock. After The Wall Street Journal reported on the potential guilty plea, the bank’s stock dropped 6 percent by the close of trading in London on Tuesday.

The settlement terms are not yet final. In particular, the Royal Bank of Scotland — which is 82 percent owned by British taxpayers after receiving a multibillion-dollar government bailout during the financial crisis — is resisting the guilty plea for the Asian subsidiary, fearful of the potential fallout. The bank, however, lacks leverage with the Justice Department, which can indict the subsidiary if it resists the guilty plea. An indictment would deliver a harsher blow to the bank and potentially set up a protracted legal battle.

“Discussions with various authorities” in the case “are ongoing,” said an RBS spokesman, adding that “we continue to cooperate fully with their investigations.”

The bank, which is based in Edinburgh, is also expected to cut its bonus pool by up to one third, or around $240 million, as it claws back funds to pay for the pending Libor settlement, according to a person with direct knowledge of the matter. A decision on bonuses has not been made, and the final figure will be released on Feb. 28 when the bank reports its next earnings.

“There is a legitimate concern that British taxpayers, who already have bailed out the bank, will be asked to pay for past mistakes at R.B.S.,” said Pat McFadden, a British politician who is a member of the British parliament’s treasury select committee that oversees the country’s finance industry. “Steps should be taken to minimize the exposure for taxpayers.”

Several senior RBS executives, including John Hourican, who runs the firm’s investment banking unit where the alleged illegal activity took place, are expected to step down amid the Libor scandal, though they have not been directly implicated in the matter, according to another person with direct knowledge of the matter.

The negotiations between R.B.S. and the regulators reflect the Justice Department’s aggressive new posture, as they look to hold banks responsible for wrongdoing in the rate rigging case. The wave of action has centered on the London interbank offered rate, or Libor, and other key international benchmark rates, which are central to determining the borrowing costs for trillions of dollars of financial products like corporate loans and credit cards. Banks are suspected of reporting false rates to squeeze out an extra profit and, in some cases, to deflect concerns about their financial health during the financial crisis.

Last month, the Justice Department secured a guilty plea against the Japanese subsidiary of UBS in a rate manipulation case. UBS also paid $1.5 billion in fines to the Justice Department, the Commodity Futures Trading Commission, the Financial Services Authority, the British regulator and Swiss authorities.

The deal with UBS sent a strong signal that authorities wanted to hold banks responsible for their wrongdoing. But it also limited the potential damage to the Swiss bank. By securing a guilty plea against a subsidiary, it sheltered the parent company from losing its charter to operate or other major repercussions.

“We are holding those who did wrong accountable,” Lanny A. Breuer, the head of the Justice Department’s criminal division, said at a news conference in December on the UBS case. “We cannot, and we will not, tolerate misconduct on Wall Street.”

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