Exclusive - Amazon to win EU e-book pricing tussle with Apple

BRUSSELS (Reuters) - European Union regulators are to end an antitrust probe into e-book prices by accepting an offer by Apple and four publishers to ease price restrictions on Amazon, two sources said on Tuesday.

That decision would hand online retailer Amazon a victory in its attempt to sell e-books cheaper than rivals in the fast-growing market publishers hope will boost revenue and increase customer numbers.

"Faced with years of court battles and uncertainty I can understand why some of these guys decided to fold their cards and take the whipping," said Mark Coker, founder of Smashwords, an ebook publisher and distributor that works with Apple.

"It's certainly another win for Amazon," he added. "I have not seen the terms of the final settlement, but my initial reaction is that it places restrictions on what publishers can do, slowing them down just when they need to be more nimble."

A spokesman at the EU Commission said its investigation was not yet finished. Amazon and Apple declined to comment.

In September, Apple and the publishers offered to let retailers set prices or discounts for a period of two years, and also to suspend "most-favored nation" contracts for five years.

Such clauses bar Simon & Schuster, News Corp. unit HarperCollins, Lagardere SCA's Hachette Livre and Verlagsgruppe Georg von Holtzbrinck, the owner of German company Macmillan, from making deals with rival retailers to sell e-books more cheaply than Apple.

The agreements, which critics say prevent Amazon and other retailers from undercutting Apple's charges, sparked an investigation by the European Commission in December last year.

Pearson Plc's Penguin group, which is also under investigation, did not take part in the offer.

The EU antitrust authority, which in September asked for feedback from rivals and consumers about the proposal, has not asked for more concessions, said one of sources.

"The Commission is likely to accept the offer and announce its decision next month," the source said on Tuesday.

Antoine Colombani, spokesman for competition policy at the European Commission, said: "We have launched a market test in September and our investigation is still ongoing."

Amazon declined to comment, while Apple did not respond to an email seeking comment.

Companies found guilty of breaching EU rules could be fined up to 10 percent of their global sales, which in Apple's case could reach $15.6 billion, based on its 2012 fiscal year.

AGGREGATE PRICING

UBS analysts estimate that e-books account for about 30 percent of the U.S. book market and 20 percent of sales in Britain but are minuscule elsewhere. When Amazon launched its Kindle e-reader, it charged $9.99 per book.

Apple's agency model let publishers set prices in return for a 30 percent cut to the maker of iPhone and iPad.

The U.S. Department of Justice is investigating e-book prices. HarperCollins, Simon & Schuster and Hachette have settled, but Apple, Pengin Group and Macmillan have not.

The DOJ settlement required that retailers must at least break even selling all ebooks from a publisher's available list, according to Coker and Joe Wikert, general manager and publisher at O'Reilly Media Inc.

It was not clear if EU regulators will include a similar requirement, which would prohibit Amazon from pricing all ebooks at a loss, said Wikert, a former publishing executive.

In the United States, Amazon will likely price popular titles at a loss and try to make up the difference on a publisher's other ebooks, he said.

Coker said any such rule could be dangerous in Europe, which still has distinct markets.

"It could allow a single retailer to charge full price in a large market like the U.K., and then sell below cost or for free in multiple smaller markets as a strategy to kill regional ebook retailing upstarts before they take root," Coker said.

FROWNING ON ONLINE TRADE CURBS

Antitrust regulators tend to frown on restrictions on online trade and the case is a good example, said Mark Tricker, a partner at Brussels-based law firm Norton Rose.

"This case shows the online world continues to be a major focus for the Commission," he said.

"These markets change very quickly and if you don't stamp down on potential infringements of competition rules, you can have significant consequences."

(Additional reporting by Alistair Barr in San Francisco; Editing by Rex Merrifield, David Goodman and David Gregorio)

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Race for the White House: Join us live

MOON TOWNSHIP, Pa.-Mitt Romney was supposed to get off his campaign plane and board his motorcade for a last minute get-out-the-vote effort. But when the plane landed at the Pittsburgh Intl. Airport, he found some 1,000 people waiting across the street from the tarmac, lined up on a three-story parking garage where they screamed and [...]Read More

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Donated stem cells may work best for heart patients

(Reuters) – Stem cells culled from the bone marrow of healthy donors work as well or even better as cells harvested from patients themselves as a treatment for damaged hearts and are more convenient to use, according to new research.

The 13-month trial was the first to compare the safety and effectiveness of so-called mesenchymal, or bone marrow-derived, stem cells taken from patients themselves versus those provided by donors.

Such adult stem cells that renew themselves and mature into specific cell types have been used for 40 years in bone marrow transplants.

Scientists are now exploring their use as treatments for ailments such as heart disease and inflammatory conditions, some of the biggest markets in medicine.

The rationale behind using patients’ own stem cells to treat disease is that they do not trigger an attack by the body’s immune system. Mesenchymal stem cells, however, are also not recognized as foreign tissue.

Researchers from the University of Miami Miller School of Medicine, funded by the National Institutes of Health, found that previously prepared cells from a healthy donor were comparatively safe and may offer the most convenience since it takes up to eight weeks to grow the amount of stem cells needed for the treatment.

The study involved 30 patients whose hearts were damaged by an earlier heart attack. Half received heart-muscle injections of their own cells, while the other half received donor cells.

Scar tissue was reduced by 33 percent in both groups, a result researchers called “very, very significant.”

Improvements in heart function were seen in 28 percent of those receiving donor cells, and in 50 percent of patients receiving their own cells.

After a year, five patients in the donor cell group and eight who received their own cells suffered serious adverse events.

“The trials so far have very small patient numbers,” said Stefanie Dimmeler, director of the Institute of Cardiovascular Regeneration Center of Molecular Medicine at Johann Wolfgang Goethe University in Frankfurt, Germany. “I think this early work in cardiac stem cells look very promising.”

The trial results were presented here at the annual scientific meeting of the American Heart Association and published in the Journal of the American Medical Association.

Companies working to develop off-the-shelf stem cell treatments include Celgene Corp, Pluristem Therapeutics Inc, Athersys Inc and Mesoblast Ltd.

(Editing by Bernard Orr)

Health News Headlines – Yahoo! News

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Springsteen Sandy telethon raises $23 million, ABC more than $10 million

(Reuters) – Bruce Springsteen, Billy Joel, Mary Blige and dozens of other musicians and celebrities helped raise some $ 23 million for victims of Hurricane Sandy on NBC television, while a Day of Giving on ABC TV networks raised more than $ 10 million.

The American Red Cross said the one-hour NBC telethon on Friday, featuring performances by celebrities with strong New York and New Jersey connections, generated a record number of individual donations by phone, text and online for victims of Sandy.

The preliminary amount raised was nearly $ 23 million, the Red Cross said in a statement.

On ABC on Monday, viewers and celebrities had raised more than $ 10 million, also for the American Red Cross, midway through a day-long fundraiser for victims of last week’s storm, which devastated the U.S. Northeast and killed more that 100 people.

Journalist Barbara Walters made a personal donation of $ 250,000 and manned phone lines during breakfast show “Good Morning America” along with Katie Couric, actor Ben Stiller and “Jersey Shore” star Nicole “Snooki” Polizzi, ABC said. Donations are expected to rise further during the day-long event.

(Reporting by Jill Serjeant in Los Angeles; Editing by Richard Chang)

Music News Headlines – Yahoo! News

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Apple sells three million iPads over first weekend

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My plea to the undecided: Stay home!

By Jeff Greenfield

As the momentous day approaches, with epochal consequences for an anxiously awaiting world, I take pen in hand—make that apply fingertips to keypad—to renew a traditional plea I first made more than 30 years ago. It’s a plea I’ve made in print, on the air and, now, through the miracle of digital technology. But its message never changes.

It’s a plea directed to those of you who are still uncertain about which way to vote. And it’s as simple as it is heartfelt: Stay home.

The candidates have been at this for years; both President Obama and Mitt Romney began running for the presidency six years ago. They’ve made speeches, answered (or evaded) questions and raised billions to convince you of their worth—or the other guy’s worthlessness.

The media have been covering their every move and word, even when the candidates thought they weren’t. (Can you say, “Cling to their religion and guns”? “47 percent”?) The coverage has been slanted, scrupulously fair, superficial, in-depth, misleading, dead-on. With the flip of a page or the click of a mouse, you have been able to find out every conceivable piece of information you might want on their backgrounds, families, values, experience, positions taken, positions abandoned, promises made, promises broken, and the music on their iPods.

And after all this time, you’re still trying to make up your minds. The overwhelmingly likely reason is this: You have the reasoning power of a baked potato.

OK, I grant that you may be of the small minority of concerned citizens who are genuinely torn and who have not yet evaluated the relative worth of health care reform notions, the vagaries of the tax proposals or the respective approaches to the increasing power of the renminbi.

But I wouldn’t bet a nickel on it.

The odds are, you’ve just been too busy obsessing about the misfortunes of the Kardashians or the quality of your ringtone, to spend any time thinking about who might be the better president.

Well, that’s your right. Unlike the Australians, we don’t compel people to vote, and it would likely be a First Amendment violation if we tried. A refusal to vote can be seen as a statement that the electoral system is rigged, meaningless or so thoroughly corrupt as to deserve contempt. (“I never vote,” one citizen said long ago. “It only encourages them.”)

And there are other valid reasons for not voting. As a personal matter, I stopped voting more than a decade ago, on the grounds that it helped me as an analyst not to think about making a choice in the voting booth.

So it strikes me as a sound, honest statement for a prospective voter to say: “Look, I haven’t given this election a minute’s thought, and it’s just not fair for me to cancel out the vote of someone who actually gives a damn.”

Indeed, it’s not just sound and honest—it’s the ethically responsible thing to do.

Men and women in my lifetime have died fighting for the right to vote: people like James Chaney, Andrew Goodman and Michael Schwerner, who were murdered while registering black voters in Mississippi in 1964, and Viola Liuzzo, who was murdered by the Ku Klux Klan in 1965 during the Selma march for voting rights. In these days of early voting, we’ve seen people waiting in line for hours to exercise the franchise. Countless others, who have never had to fight for it, have spent real time either trying to decide how to cast their vote or donating their time to persuading others.

So if you’re one of those folks who have stayed utterly disengaged through all of this, do the honorable thing: Honor those for whom the vote really matters by staying home.

You’ll be doing yourself—and the country—a favor.

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Young doctors: fewer hours means they’re less tired, less prepared

(Reuters) – Orthopedic surgeons-in-training said they were tired less often after rules regulating how much they could work went into place, according to a U.S. survey.

But the results published in the Annals of Surgery found the trainee doctors didn’t actually get any more sleep under the limited work hours policy, and also said they felt less prepared as doctors and were less satisfied with their education.

In July 2003, the U.S. Accreditation Council for Graduate Medical Education implemented new policy limiting the on-duty hours of notoriously sleep-deprived residents to 80 per week, with a minimum of ten hours off between shifts. Those changes were further updated in 2011.

The main goal was to ease young doctors’ fatigue and fatigue-related medical errors.

The work limits seem to have been somewhat successful, but they also come at a cost, according to Debra Weinstein from Massachusetts General Hospital and Brigham and Women’s Hospital in Boston, who worked on the study.

“The extent to which we restrict residents’ time in the hospital does risk (affecting) their skill and sense of preparedness,” she said.

“Continuing to further limit duty hours may not be the best way to address the goals of patient safety, resident well-being and excellent medical education.”

Some past studies have suggested that work limits improve quality of life for residents, but have a negative impact on their education. One survey published last year found that the majority of surgery residents worked more hours than the current regulations allowed.

In the new study, researchers analyzed surveys completed by a total of 216 residents at the Harvard Orthopedic Combined Residency Program between 2003 and 2009.

Compared to pre-2003 residents, orthopedic trainees in 2009 reported working fewer hours per week, about 66 hours versus 75. But they didn’t get any more sleep. Throughout the study period, they reported sleeping for about five hours every night, on average.

Residents rated their own preparedness to make clinical decisions under stress and their ability to perform the range of skills expected of them slightly lower in later years, the researchers said.

After the work-hour policies went into place, residents did say they spent fewer days feeling very tired, and a smaller proportion of them said their fatigue had a negative impact on patient care and safety.

Forty-six percent of residents said their fatigue affected the quality of care they provided in 2003, compared to 26 percent on the 2004 through 2009 surveys.

“There’s a general assumption that reducing work hours will result in more sleep for tired residents, and clearly out findings challenge that,” Weinstein said.

However, it’s possible that having more time to decompress and relieve psychological stress may improve residents’ sense of well-being, even if they’re not getting more sleep, she added.

Weinstein and her colleagues noted that their study didn’t include objective measures of residents’ performance, so they couldn’t tell whether they actually did better or worse on exams, or made more or fewer errors. SOURCE: http://bit.ly/TcFx66

(Reporting by Elaine Lies)

Health News Headlines – Yahoo! News

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CBS making $1 million donation to Sandy, announces employee match

NEW YORK (TheWrap.com) – CBS is making a $ 1 million dollar donation to Hurricane Sandy recovery as part of a wider effort that includes PSAs and matching employee contributions through the end of the year, TheWrap has learned.

CEO Les Moonves announced the company’s Red Cross donation in a letter to employees obtained by TheWrap, in which he thanks CBS staff working in hurricane-stricken parts of the Northeast and details its charitable plans.

Other networks are pitching in as well: ABC is devoting its programming day Monday to fundraising, and its corporate parent, Disney, has donated $ 2 million. Fox’s parent, News Corp., has donated $ 1 million. And NBC is holding a telethon tonight. All of the networks are also making viewers aware of the recovery efforts through means ranging from crawls to PSAs.

Moonves singled out employees from all corners of the company who worked through tough conditions to keep its television and radio stations going.

“I am announcing today that November, the month of Thanksgiving, will be dedicated at all our operations to supporting the Hurricane Sandy relief efforts of the American Red Cross, with whom CBS has a long partnership in times of crisis,” he wrote. “Our local TV and radio stations, and their online counterparts, will work both individually and together… to employ our unique resources to lend additional support to those relief efforts through telethons, phone banks and comprehensive PSA campaigns. Those efforts have already begun, and are expanding as you read this.”

CBS, he noted, is producing special PSAs featuring its stars. The first, with Gary Sinise, aired during “The Big Bang Theory” on Thursday. More will air during football over the weekend.

Additionally, “Entertainment Tonight” is enlisting stars to appear in PSAs that will run in syndication on affiliates of all networks airing the show. CBS will also dedicate billboards to the relief effort.

“There will not be one division of our company that does not contribute to this effort, each in its own way, and in ways to be determined by each,” Moonves wrote.

“As a cornerstone of this month-long drive, CBS Corporation will make a $ 1 million contribution to the American Red Cross,” he added. “In addition, we are also making a commitment to match your individual contributions to any Sandy-related relief efforts by making corresponding additional gifts to the American Red Cross. The match will apply to contributions that may have already been made as well as to new donations through the end of the year.”

TV News Headlines – Yahoo! News

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Google's Android software in 3 out of 4 smartphones

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Florida's I-4 corridor: The mother road of swing voters

By Bob Sacha and Maisie Crow

Interstate 4 bisects the center of America's most notorious swing state, running 132 miles from Tampa, through Orlando and ending near Daytona Beach. Fifty-five percent of Florida voters live in the I-4 corridor. It is often where elections are decided in a state that has frequently switched sides, voting for Republicans seven times and Democrats three times in the past 10 elections, and voting for the winning presidential candidate 90 percent of that time.

For the final installment of our Road Trip video series for Campaign 2012, Yahoo News headed to Florida in search of the exotic, perhaps mythical, undecided voter. Here are three of our conversations.

'I have been registered to vote for seven years, and I have never voted.'

In a state filled with colorful characters, Eve Banks, 25, entertains many of them at the Mons Venus club in Tampa. She also travels extensively for her work as an exotic dancer. Eve Banks is a stage name: "I don't want girls from my sorority looking me up online," she says.

"I'm living a version of the American dream," she told Yahoo News. "It's not like the white picket fence, but I do have the dogs and I do have the husband. And I have everything I want. It's just kind of a different way of achieving it."

In the 2012 presidential election, Banks will be voting for the first time, casting a ballot for Barack Obama, she says, because of his support for women. "I generally don't care about politics because I feel like little old me does not make a difference," she said. "But this year I think is a lot different than previous years because of what's at stake right now.

"There was a lot of discrimination against women, believe it or not, not even that long ago really if you think about it. And that'll all change if we don't put the right person in the position," Banks said. "No woman wants a government to control her body or her choices."

'It has gotten pretty ugly between the two. I'm not sure I would want to be a part of it.'

Lloyd Parker, 33, hasn't decided how he is going to vote. He was working for a land development company in Lake Tahoe in Nevada until business started to slow down. His best friend lured him to Florida to become an entrepreneur by starting the Savage Race, an obstacle race in the mud. We hung out with him during their third race in Dade City.

"The Savage Race is a four- to six-mile mud obstacle course," Parker said. "It's timed. Twenty to 25 military-style obstacles that challenge you in many different ways. And afterward it's a fun gathering with live music and a party atmosphere."

Parker called Florida a Savage Race of sorts for Obama and Mitt Romney: "It is everywhere. It seems to be all over Facebook, everything. Maybe that has turned me off a little bit. That it's just been too much of back and forth and negativity, and it probably pushed me away a little bit.

"I have not been following it very much lately," he told Yahoo News. "In the last month I have been extremely busy with this course. I'm out on a ranch with no cable."

'I think somebody that's been in the farming business as long as we have—I don't think we should have to pay any inheritance tax.'

When Dave Black, 73, started in the citrus-farming and ranching business 42 years ago in Clermont, he stood on his 22 acres and saw fruit trees everywhere. Now his property is down to 14 acres, and it is hemmed in by new housing developments on three sides.

"We've got enough houses," Black told Yahoo News. "I mean we should leave a little open space."

Black is voting for Romney because of his opposition to the inheritance tax, in the hope that he can pass his property to his children undivided and tax-free.

"The Electoral College, I don't care for," he said. "I want the people to decide, not this state or that state. You know, Bush, the first election, he won on electoral votes. He didn't win on popular votes. Gore beat him on popular votes. So, that's wrong. That's just my opinion."

Bob Sacha is a multimedia producer, a documentary filmmaker, a photojournalist and a teacher. Maisie Crow is a documentary photographer, a filmmaker and a visual storytelling teacher. Earlier this year, Bob Sacha and Zach Wise traveled to Nevada to talk to Hispanics about the presidential election. In October, they talked to small-business owners along Colorado's Colfax Avenue. In July, Bob Sacha and Miki Meek traveled to Northern Virginia to talk to Mormons about what a President Romney would mean to them. In March, they drove Ohio's I-71 and talked to Republicans before Super Tuesday.

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