Monday, 10 December 2012

BoE's King says effect of asset purchases to be felt in 2013

SINGAPORE, Dec 10 (Reuters) - Unbeaten Indonesian featherweight Chris John already has one win over Juan Manuel Marquez and after seeing the Mexican knock out Manny Pacquiao on Saturday he is keen to move up in weight and face him again. Marquez's stunning sixth round knockout of Pacquiao, considered one of the all-time greats of the sport, in Las Vegas on Saturday has made the Mexican welterweight (55-6-1 40 knockouts) a hot commodity. ...

Source: http://news.yahoo.com/boes-king-says-effect-asset-purchases-felt-2013-180125123--business.html

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Wednesday, 28 November 2012

Why is the Supreme Court Interested in Patent Cases? | IPWatchdog ...

Seth Waxman

Have you ever wondered why the Supreme Court is taking so many patent cases over the last few years? ?In Part I of my interview with Seth Waxman?we learned that while he was the Solicitor General of the United States, and even before ascending to that position, he advocated within the Department of Justice for at least occasionally seeking Supreme Court review of Federal Circuit cases. That lead from a trickle of cases to what has become a handful of cases year after year.

Personally I think there are plenty of cases that the Federal Circuit gets wrong and should be taken by the Supreme Court to get things correct. But that is now what the Supreme Court does. ?They are looking for meaty issues, not just to get some esoteric point of patent law correct. In fact, it is my observation that the more esoteric and the more incorrect the Federal Circuit the less likely the Supreme Court will get involved. But that is just my view from the sidelines.

Waxman, steeped in the rules, procedures and art of Supreme Court advocacy drills down deeper.

WAXMAN: Well, I think it?s a combination of several different things.? When you?re talking about patent decisions of the Federal Circuit, for purposes of answering this question it?s useful to distinguish between rulings about litigation procedure in patent cases and rulings about the meaning of substantive patent law.? With respect to the former, it?s easy to see why the Supreme Court?s interest would be piqued if a petitioner says, as it did for example in Medimmune, ?there?s a general rule that applies across all the regional circuits with respect to standing in declaratory judgment actions. ?But the Federal Circuit applies a different ?rule ?in patent cases.?? That is just the kind of disuniformity the Supreme Court is looking for.? It?s proverbial ?split in the circuits? that the Court feels it needs to address ? where a particular law or set of procedures is being interpreted or applied differently in one part of the country than another.

The paradigmatic role of the Supreme Court is to harmonize the application of federal law across the country.? So when different circuits are at loggerheads about what a particular law means, or how a particular doctrine is applied, only the Supreme Court can resolve it.? Several of the cases the Supreme Court has taken from the Federal Circuit in recent years have involved ?procedures sanction by the Federl Circuit that ddidn?t strike the Supreme Court as warranted a patent-exceptional. The declaratory judgment standard was one obvious example.

Another was the eBay case, involving the standrds for ?injunctive relief was another.? The other packet of cases are cases that annunciate substantive patent principles.? The test for obviousness.? The standard of review when one is challenging patent validity based on art that the examiner never had, arguably never had before him or her.? Subject matter eligibility for new life forms, or software, or things like that.? And there I think the Court is taking cases where it genuinely is skeptical about whether the Federal Circuit has decided the issue correctly.? And you can say that the Federal Circuit is sort of unique in this regard because by and large the Supreme Court doesn?t view its role, surprisingly, as one of error correction.? It?s not grounds for certiorari on the grounds that the 4th circuit, the 8th circuit, or the 9th circuit just decided it?s wrong.? They are looking principally for cases in which the Supreme Court is the only court that can resolve a lack of uniformity across the country.

With respect to substantive patent law, obviously that never applies because the Federal Circuit has exclusive jurisdiction so that there?s rarely an instance, maybe Coronado vs. Holmes might be some sort of example to the contrary, but there rarely is a split in the Circuits over the standard for determining obviousness with respect to a patent because no other court of appeals is ever going to answer that question.? And therefore it?s appropriate for the Supreme Court of the United States to assure itself that in fact the Federal Circuit, which has specialized jurisdiction, is in fact answering significant questions of patent doctrine in a way that the majority of the Supreme Court thinks is correct.? And that certainly characterizes a number of patent cases that the Supreme Court has taken in recent years.

The other thing I think that?s at play here, and maybe it?s the principal reason is a point that I made earlier which is our economy depends utterly on intellectual property.? That is in fostering innovation and inventiveness in the manner in which the framers of the Constitution understood needed to be fostered.? That is within appropriately countered system of protections for discoveries and inventions and novel expression.? But that doesn?t smother innovation by competitors and by others.? And because our economy is so utterly tied to intellectual property the Supreme Court correctly understands that this is a substantive area in which it is very, very important for the correct balance to be struck.

And I think the final reason for the increase in the cases is maybe the same reason that I?m attracted to doing cases like this, which is they are just darn interesting as an intellectual matter.? You get to learn about a technology that you don?t know as much about as you need to to decide a case.? And you get to learn and scrutinize and question the contours of substantive legal doctrine that you?re not otherwise familiar with.? I don?t know how comforting that is the Patent Bar.

QUINN: That?s what I was just going to say.? And I would agree with what you say, but to hear you articulate it just makes me want to sigh and say that?s exactly why I?m scared when the Supreme Court takes a case, because I understand when you look at this globally, why should patents be different?? And the argument that I always hear is is well, copyrights are an exclusive right and you?re doing it different from copyright law.? But for better or for worse since practically the beginning of intellectual property law in the United States, copyrights have been different than patents.? They?re calling them an exclusive right is almost comical because there are so many ways that you can use a copyright that directly infringes, that copies the entirety of what you?re doing that is okay.? And it?s not exclusive.? Fair use swallows these rights whole in a lot of cases.? And there is no concept of fair use in patent matters.? But how do you lay the foundation to explain that, no, these things are different?? When you can?t get an injunction as a matter of right after you?ve won, then what good is the patent because the patent is supposed to be practically an injunction when the Patent Office gives it to you.? It says, don?t do this stuff and if you do you?re going to get punished.

WAXMAN:?You?re certainly preaching to the choir on this issue.

QUINN: I know I am.

WAXMAN: But I think you?ve identified something that?s actually quite important. Which is in an era in which the Supreme Court is increasingly interested in the contours of patent law and practice.? And in which therefore most of the judges on the Federal Circuit are trying very hard to decide cases and write their opinions so that they are accessible by the Supreme Court of the United States and are written in a manner that?s sensitive to the reality that they are subject to review by not just a higher court by a court of generalists.? It?s extremely important for advocates before the Federal Circuit in anything other than the run of the mill claim construction dispute to advocate the case in a way that is sensitive to the way that whatever issues that are going to be decided may look to the Supreme Court, may look to Congress, may look to generalists generally.? And I think many of the Federal Circuit judges welcome help in this regard, welcome advocacy that?s sensitive to this new reality.? And which in the end may be all to the good.? That is having a clubby isolated bar and bench that understands all these things and the advocacy is pitched to specialists and the specialists write opinions that are intelligible to and useful for the cognoscenti is fine if you fell in that cone.? But if you?re not, it?s not that helpful and in a system in which the final review in the judiciary or in the? legislator is made by generalists it?s really important that cases be? even in a specialized area, be briefed and argued in a way that?s accessible to and intelligible by generalists.? And it may be another reason why it seems particularly edifying to me to be a resolute generalist as to all areas of the law.? And makes it less intimidating to argue patent cases before a specialized court.

TO BE CONTINUED?

Part I ??Exclusive with Seth Waxman, Supreme Court Patent Superstar

Part II ??Seth Waxman Discusses Advocacy in the Supreme Court

Source: http://www.ipwatchdog.com/2012/11/27/why-is-the-supreme-court-interested-in-patent-cases/id=30523/

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Tuesday, 27 November 2012

Greece, markets satisfied by EU-IMF Greek debt deal

BRUSSELS (Reuters) - The Greek government and financial markets were cheered on Tuesday by an agreement between euro zone finance ministers and the International Monetary Fund to reduce Greece's debt, paving the way for the release of urgently needed aid loans.

The deal, clinched at the third attempt after weeks of wrangling, removes the biggest risk of a sovereign default in the euro zone for now, ensuring the near-bankrupt country will stay afloat at least until after a 2013 German general election.

"Tomorrow, a new day starts for all Greeks," Prime Minister Antonis Samaras told reporters at 3 a.m. in Athens after staying up to follow the tense Brussels negotiations.

After 12 hours of talks, international lenders agreed on a package of measures to reduce Greek debt by more than 40 billion euros, projected to cut it to 124 percent of gross domestic product by 2020.

In an additional new promise, ministers committed to taking further steps to lower Greece's debt to "significantly below 110 percent" in 2022.

That was a veiled acknowledgement that some write-off of loans may be necessary in 2016, the point when Greece is forecast to reach a primary budget surplus, although Germany and its northern allies continue to reject such a step publicly.

Analyst Alex White of JP Morgan called it "another moment of ?creative ambiguity' to match the June (EU) Summit deal on legacy bank assets; i.e. a statement from which all sides can take a degree of comfort".

The euro strengthened, European shares climbed to near a three-week high and safe haven German bonds fell on Tuesday, after the agreement to reduce Greek debt and release loans to keep the economy afloat.

"The political will to reward the Greek austerity and reform measures has already been there for a while. Now, this political will has finally been supplemented by financial support," economist Carsten Brzeski of ING said.

PARLIAMENTARY APPROVAL

To reduce the debt pile, ministers agreed to cut the interest rate on official loans, extend the maturity of Greece's loans from the EFSF bailout fund by 15 years to 30 years, and grant a 10-year interest repayment deferral on those loans.

German Finance Minister Wolfgang Schaeuble said Athens had to come close to achieving a primary surplus, where state income covers its expenditure, excluding the huge debt repayments.

"When Greece has achieved, or is about to achieve, a primary surplus and fulfilled all of its conditions, we will, if need be, consider further measures for the reduction of the total debt," Schaeuble said.

Eurogroup Chairman Jean-Claude Juncker said ministers would formally approve the release of a major aid installment needed to recapitalize Greece's teetering banks and enable the government to pay wages, pensions and suppliers on December 13 - after those national parliaments that need to approve the package do so.

The German and Dutch lower houses of parliament and the Grand Committee of the Finnish parliament have to endorse the deal. Losing no time, Schaeuble said he had asked German lawmakers to vote on the package this week.

Greece will receive 43.7 billion euros in four installments once it fulfils all conditions. The 34.4 billion euro December payment will comprise 23.8 billion for banks and 10.6 billion in budget assistance.

The IMF's share, less than a third of the total, will be paid out only once a buy-back of Greek debt has occurred in the coming weeks, but IMF Managing Director Christine Lagarde said the Fund had no intention of pulling out of the program.

Austrian Chancellor Werner Faymann welcomed the deal but said Greece still had a long way to go to get its finances and economy into shape. Vice Chancellor Michael Spindelegger told reporters the important thing had been keeping the IMF on board.

"It had threatened to go in a direction that the IMF would exit Greek financing. This was averted and this is decisive for us Europeans," he said.

The debt buy-back was the part of the package on which the least detail was disclosed, to try to avoid giving hedge funds an opportunity to push up prices. Officials have previously talked of a 10 billion euro program to buy debt back from private investors at about 35 cents in the euro.

The ministers promised to hand back 11 billion euros in profits accruing to their national central banks from European Central Bank purchases of discounted Greek government bonds in the secondary market.

BETTER FUTURE

The deal substantially reduces the risk of a Greek exit from the single currency area, unless political turmoil were to bring down Samaras's pro-bailout coalition and pass power to radical leftists or rightists.

The biggest opposition party, the hard left SYRIZA, which now leads Samaras's center-right New Democracy in opinion polls, dismissed the deal and said it fell short of what was needed to make Greece's debt affordable.

Greece, where the euro zone's debt crisis erupted in late 2009, is proportionately the currency area's most heavily indebted country, despite a big cut this year in the value of privately-held debt. Its economy has shrunk by nearly 25 percent in five years.

Negotiations had been stalled over how Greece's debt, forecast to peak at 190-200 percent of GDP in the coming two years, could be cut to a more bearable 120 percent by 2020.

The agreed figure fell slightly short of that goal, and the IMF insisted that euro zone ministers should make a firm commitment to further steps to reduce the debt if Athens faithfully implements its budget and reform program.

The main question remains whether Greek debt can become affordable without euro zone governments having to write off some of the loans they have made to Athens.

Germany and its northern European allies have hitherto rejected any idea of forgiving official loans to Athens, but European Union officials believe that line may soften after next September's German general election.

Schaeuble told reporters that it was legally impossible for Germany and other countries to forgive debt while simultaneously giving new loan guarantees. That did not explicitly preclude debt relief at a later stage, once Greece completes its adjustment program and no longer needs new loans.

But senior conservative German lawmaker Gerda Hasselfeldt said there was no legal possibility for a debt "haircut" for Greece in the future either.

At Germany's insistence, earmarked revenue and aid payments will go into a strengthened "segregated account" to ensure that Greece services its debts.

A source familiar with IMF thinking said a loan write-off once Greece has fulfilled its program would be the simplest way to make its debt viable, but other methods such as forgoing interest payments, or lending at below market rates and extending maturities could all help.

German central bank governor Jens Weidmann has suggested that Greece could "earn" a reduction in debt it owes to euro zone governments in a few years if it diligently implements all the agreed reforms. The European Commission backs that view.

The ministers agreed to reduce interest on already extended bilateral loans in stages from the current 150 basis points above financing costs to 50 bps.

(Additional reporting by Annika Breidhardt, Robin Emmott and John O'Donnell in Brussels, Andreas Rinke and Noah Barkin in Berlin, Michael Shields in Vienna; Writing by Paul Taylor; editing by David Stamp)

Source: http://news.yahoo.com/euro-zone-imf-secure-deal-cutting-greek-debt-115610160--finance.html

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Monday, 26 November 2012

Figaro | New Pasta Meals! - Foodie from the Metro

As December draws close, go and feast yourself upon the new glorious pasta selections from Figaro! Officially launching by the last week of November, there are three pasta dishes now made available to suit your tastes.

First up would be the Figaro Meaty Lasagna,?the perfect for foodies who are looking for layers and layers of rich meaty sauce, creamy cheese, and al dente?pasta: the good 'ol lasagna as what others may say! For a finishing touch, a generous layer of golden melted cheese will be slathered on top and sure enough: this was such a joy to eat!

Figaro Meaty Lasagna (P200.00)


The second dish offered is the?Figaro Chicken Parmigiano:?this is composed of tender breaded chicken which is tossed along with the pasta and some homemade tomato and two cheese sauce. Subtle and modest, this could fill you up in a jiffy!

Figaro Chicken Parmigiano (P180.00)

Last of the series: the?Figaro Seafood Pomarola!?A pomarola?is a distinct Italian sauce which is some sort of equivalent for the ever-popular marinara and this is exactly what this dish delivers. Filled with plump shrimps, tomatoes, and spices, this is my favorite of all of the three! A definite must-try!

Figaro Seafood Pomarola (P180.00)

Each of these dishes have their own personality once served on the table and it's up for you to choose! I say, if you're looking for a hearty fulfilling meal, go for the lasagna, but if you want something rich and savory, go for the pomarola!


Other Existing Promos

Figaro also has current promos that you shouldn't miss!

  1. For UnionBank Credit Card holders: Enjoy 10% discount for every P200 minimum single receipt purchase of food and beverage at Figaro.
  2. For BDO Credit Card holders: When you buy 1, you get 1 free on their milk tea, brewed coffee, and bakes selections
  3. For BPI Card holders: Get a free hot drink on your order of Figaro's specialty cakes.
  4. Free P100 Figaro Gift Voucher: Whenever you buy P350 worth of Conzace?at Watson stores.

"Foodie from the Metro" :?Figaro | New Pasta Meals

Source: http://www.foodiefromthemetro.com/2012/11/figaro-new-pasta-meals.html

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Friday, 5 October 2012

Pimp My ROM Tweaks Your Rooted Android Phone in Every Way Imaginable [Customization]

Pimp My ROM Tweaks Your Rooted Android Phone in Every Way ImaginableAndroid (rooted): The best thing about having a rooted Android phone is the endless number of tweaks you can apply to make it run faster, last longer, look better, and otherwise perform its very best. Pimp My ROM is a new tool that contains loads of different Android tweaks, themes, and features that you can apply from one unified checklist.

Every ROM has its perks, but nothing's better than digging deep and customizing each and every individual feature you want on your phone. Pimp My ROM is the best new way to do that: just flash it like you would a regular ROM, and it'll take you through the process of applying any tweak you can imagine. Some of the more awesome ones include:

  • Faster internet browsing
  • Longer battery life
  • Improved multitasking
  • Better JPG image quality
  • Higher quality recording from the camera
  • Faster scrolling
  • More responsive touch controls
  • Extra themes

And this is just a very small smattering of what you'll find. Some of the tweaks are a bit more advanced, but many of them we've talked about before. And if you stumble across one you don't know, do a bit of research on what it does. Armed with a bit of knowledge, you can do a lot of awesome things with this tool. Hit the link to see everything it can do, instructions on how to use it, and more.

Pimp My ROM | XDA Developers via #tips

Image remixed from Mike Elliot (Shutterstock).

Source: http://feeds.gawker.com/~r/lifehacker/full/~3/U0NwG95W-Ow/pimp-my-rom-tweaks-your-rooted-android-phone-in-every-way-imaginable

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Thursday, 4 October 2012

Fears abound ahead of close Venezuelan elections

In this Sept. 27, 2012 photo, a poster of Venezuela's President Hugo Chavez hangs on the door where Maria Perez carries her granddaughter out of the room where they live that was once a school room and is now part of a government provided shelter for families who lost their homes due to flooding, in Caracas, Venezuela. Fear of every stripe, like the loss of government housing like this one, permeates the intensely polarized election campaign, with many votes to be decided based not on the candidates' promises but rather on what worries people most. Chavez has continuously warning of chaos and the dismantling of the generous welfare state he built if he is voted out of office in the Oct. 7 vote. (AP Photo/Fernando Llano)

In this Sept. 27, 2012 photo, a poster of Venezuela's President Hugo Chavez hangs on the door where Maria Perez carries her granddaughter out of the room where they live that was once a school room and is now part of a government provided shelter for families who lost their homes due to flooding, in Caracas, Venezuela. Fear of every stripe, like the loss of government housing like this one, permeates the intensely polarized election campaign, with many votes to be decided based not on the candidates' promises but rather on what worries people most. Chavez has continuously warning of chaos and the dismantling of the generous welfare state he built if he is voted out of office in the Oct. 7 vote. (AP Photo/Fernando Llano)

In this Sept. 27, 2012 photo, Maribel Rodriguez, right, sits with her daughters as they do their homework in the room where they live that was once a school but is now a government provided shelter for families who have lost their homes due to flooding, in Caracas, Venezuela. Fear of every stripe, like the loss of government housing like this one, permeates the intensely polarized election campaign, with many votes to be decided based not on the candidates' promises but rather on what worries people most. Chavez has continuously warning of chaos and the dismantling of the generous welfare state he built if he is voted out of office in the Oct. 7 vote. (AP Photo/Fernando Llano)

In this Sept. 27, 2012 photo, a woman walks in a hallway inside what was once a school and is now a government provided shelter for families who have lost their homes due to flooding, in Caracas, Venezuela. Fear of every stripe, like the loss of government housing like this one, permeates the intensely polarized election campaign, with many votes to be decided based not on the candidates' promises but rather on what worries people most. Chavez has continuously warning of chaos and the dismantling of the generous welfare state he built if he is voted out of office in the Oct. 7 vote. (AP Photo/Fernando Llano)

In this Sept. 27, 2012 photo, a cat rests on a bed inside a room that was once a school room and is now part of a government provided shelter for families who lost their homes due to flooding, in Caracas, Venezuela. Fear of every stripe, like the loss of government housing like this one, permeates the intensely polarized election campaign, with many votes to be decided based not on the candidates' promises but rather on what worries people most. Chavez has continuously warning of chaos and the dismantling of the generous welfare state he built if he is voted out of office in the Oct. 7 vote. (AP Photo/Fernando Llano)

Venezuela's President Hugo Chavez holding hands with his daughter Rosa Virginia, left, gestures to supporters during a campaign rally in Yaracuy, Venezuela, Tuesday, Oct. 2, 2012. Venezuela's presidential election is scheduled for Oct. 7. (AP Photo/Rodrigo Abd)

(AP) ? Venezuelan voters Luis Gustavo Marin and Dunia Nessi are on opposite sides of the political spectrum, but as Sunday's election draws closer they both fear what will happen if their candidate loses.

Marin, the security chief for a judge and a firm supporter of President Hugo Chavez, worries that opposition candidate Henrique Capriles will launch a violent purge of Chavez supporters if he wins. If the president prevails, Nessi, a 62-year-old accountant, believes violent crime that has run rampant under Chavez will spiral even further out of control.

"There is absolutely no security," Nessi said. "If he wins I'll either have to stay and live with the tension or I can pack two suitcases, throw four things into them and leave."

Fear of every stripe, in fact, permeates the intensely polarized campaign, with many votes to be decided based not on the candidates' promises but rather on what worries people most. Capriles has intentionally avoided stoking voter fears.

"There will be neither hate, nor revenge, nor payback" if he is elected, Capriles told a rally Wednesday in Maracaibo, the country's second city.

But Chavez has taken an opposite tack by continuously warning of chaos and the dismantling of the generous welfare state he built if he is voted out of office.

Tensions were only heightened when two members of a Capriles caravan were shot dead Saturday in the western state of Barinas. The victims' relatives blamed Chavez supporters and said the attack was unprovoked. Both Capriles and Chavez called for non-violence in the wake of the killings, even as the president continued using heated rhetoric.

For the first time facing such a formidable challenger, Chavez has painted a dire picture of a Venezuela returning to its stratified past when it was ruled by greedy elites, which Chavez says Capriles represents.

"I believe that this is true, if the Venezuelan bourgeoisie tries to apply this package Venezuela could see a civil war," Chavez said last month at a rally in Charallave in central Venezuela.

Chavez repeats almost daily that his opponent would take away benefits funded in part by nearly $1 trillion in income from petroleum exports over the past decade, no matter that Capriles has pledged to leave the programs alone. Free medical care, subsidized food and other entitlements have helped lift tens of thousands of people out of poverty, government figures show.

"They would take away health care, food, pensions," Chavez told supporters Tuesday at a rally in the western city of Barquisimeto.

The president's supporters, known as Chavistas, say they also fear that Capriles will launch a witch hunt if he wins.

"We saw the model of government they are going to apply on April 11, 2002," Marin said, referring to a failed attempt to overthrow Chavez that the military thwarted. In the hours shortly after the coup, interim President Pedro Carmona Estanga famously dissolved Congress and disbanded the Supreme Court.

For their part, Chavez critics point to what they say is a coordinated attempt to shut them up and force them to back the president.

Some government workers have said they worry about losing their jobs if they support Capriles. Fears of retribution for not backing Chavez first emerged in 2004 when a ruling party deputy released a list of some 2 million people who had supported a referendum against the president. Many complained then that state employees on the list were fired. The national government employs at least 2.4 million people.

Adding to those fears, some suspect their ballots won't be kept secret, despite assurances to the contrary from the Chavez-dominated National Electoral Council. The government did not invite international electoral observers, so the Capriles camp has mounted its own parallel organization of vote talliers and says it will have volunteers at every polling station feeding a central tally kept by the opposition.

Despite such concerns, voter turnout Sunday is expected to top 75 percent.

"My husband tells me he is obliged to vote for Chavez because he works with the government," said Maribel Rodriguez, a 42-year-old homemaker who lives with 83 other people in a small school in the poor neighborhood of Catia, west of the capital. "What sort of democracy do we have?"

In an April 2011 poll, the Jesuit-backed Centro Gumilla research center found that 42.6 percent of poor Venezuelans were afraid to talk politics for fear of losing government benefits or jobs. The survey of 2,000 people had an error margin of 3 percentage points.

Luis Salamanca, the political scientist who coordinated the study, said the high number, about 10 percent, of voters who won't reveal their preference or are still undecided shows many Venezuelans have "taken refuge in indecision as a protective mechanism."

Some are even stocking up on food and emergency supplies ahead of the vote.

"Here is a person who possibly won't want to concede. A person who has many years in power and for whom it would not be easy," said Belitza Perez, a 36-year-old physical therapist and the mother of a one-year-old. "Do you think that Chavez will put the (presidential) sash on Capriles? No, he is not going to give it over that easily."

On Tuesday, Defense Minister Henry Rangel added more fuel to the already charged political climate by claiming in a TV interview that Capriles plans to dismantle the country's armed forces, which is constitutionally neutral but packed with Chavez loyalists. Chavez supporters have also said some high-ranking members of the Chavez administration could face criminal investigation or lose influence overnight if their patron is voted out of office.

Marin, the Chavez-supporting security chief, couldn't be considered a high-ranking government official but he still fears what will happen to him under a new government: "I think that we would be hunted down."

___

Associated Press writer Vivian Sequera contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/cae69a7523db45408eeb2b3a98c0c9c5/Article_2012-10-03-LT-Venezuela-Fear-Factor/id-48c2b81025a549e59d26102703629d4e

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Hackers strike against Swedish websites

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Source: http://news.yahoo.com/hackers-strike-against-swedish-websites-130924586.html

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Sandia Labs' MegaDroid Plays Security War Games

Sandia National Laboratories announced on Tuesday that it has set up a network of 300,000 Android virtual handheld computing devices to study large networks of smartphones. The project, called "MegaDroid," is expected to result in a software tool that will let other cyber-researchers model similar environments and study the behavior of smartphone networks.


Source: http://ectnews.com.feedsportal.com/c/34520/f/632000/s/241f1311/l/0L0Stechnewsworld0N0Crsstory0C76310A0Bhtml/story01.htm

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Pennsylvania Judge Blocks Voter-ID Law (WSJ)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Politics - Top Stories Stories, RSS Feeds and Widgets via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/252662997?client_source=feed&format=rss

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Kid-friendly MEEP! Android tablet goes on sale

Android Central

Oregon Scientific has just launched a a kid-friendly Android tablet, now on sale for a scant $149.99. Though it might have modest specs, the MEEP! tablet includes a whole range of parental controls through a web-based interface and kid-friendly apps, e-books, and games suitable for anyone 6 years old and up. It also comes with a silicone sleeve to help soak up the inevitable punishment your kids will lay into this thing. There's also a whole range of tailor-made accessories to go along with it, like a game pad, headphones, case, and a bunch of instruments for music games. Here are the specs, but don't expect too much.

  • Android 4.0 Ice Cream Sandwich
  • 1 GHz processor 512 MB of RAM
  • 7-inch 800 x 480 display
  • 4 GB of internal storage plus microSD card slot
  • 0.3 megapixel front-facing camera
  • HDMI-out

The affordability and relatively low-end specs make this tablet at least somewhat disposable, which strikes me as important for something that kids are likely to break or forget somewhere. 

Parents, if you're interested in giving your kids their own device so they don't keep reaching for yours, you can pick up a MEEP! tablet from over here. How connected are your kids? When would you say is a good age to get a kid their own Android device? How about smartphone?

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Source: http://feedproxy.google.com/~r/androidcentral/~3/9yFtajA4kKs/story01.htm

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Bruce Willis, 'Looper' Star, On 'Die Hard,' 'Moonrise Kingdom ...

It was about 2:30 in the afternoon yesterday when my phone rang. The Caller ID was blocked, so I picked up the receiver and said, "Hello?"

"I'm looking for Mike Ryan," a raspy yet oddly familiar voice replied. "This is?" I said, sheepishly, hoping that our conversation wouldn't be followed by a knock at my door and a summons. "Hey, this is Bruce Willis," the voice responded. This would have been a perfectly reasonable start to an interview ... if I had known that I was interviewing Bruce Willis.

The day before, I had been told that Bruce Willis might be available for interviews in support of his new time-travel thriller, "Looper." That's it. Smash cut: He's calling my cell phone with no warning. (Apparently, he decided to bypass the studio press office and handle this round of interviews personally, John McClane-style.) Normally, I would have prepared pretty intensely for an interview like this. Not this time.

Mike Ryan: So I had no idea you were calling. I was asked if I was interested in talking to you, but that's the last I had heard.
Bruce Willis: Figures. Welcome to Hollywood. Should I call back later?

You know what, let's try it. We can talk about "Looper," which is great.
It is doing great. It's an interesting thing to see a film come to this fine point.

It's not like you haven't done interesting roles in the past, but I really liked seeing you in both "Looper" and "Moonrise Kingdom."
Yes, I do, too. I've been asked a lot lately how these two things came about in the same year. On both films, nobody knew when we started what the outcome was going to be and what the response to these stories was going to be. And now they have both come out and they both got ... surprised responses to them. I was just taking a shot. I wanted to work with Wes Anderson and I wanted to work on "Looper" and work with Rian Johnson. And that was about the acting work -- my contribution is just that. I just had my own drive to work with these storytellers.

It's weird to hear you say, "I was just taking a shot." I mean, you're Bruce Willis. Why do you have to take a shot?
Because telling a good story, on any level -- telling a good story in a bar, telling a good story on a film, telling a good story in a book, in an article -- always remains a challenge, doesn't it? And even if you tell a great story, it's never a sure thing to know which films or which stories are going to get noticed. Or get more noticed than other stories do.

Can you tell if that's going to happen when you're filming?
Both films had an appeal and had great scenes in them -- that when we were doing them I was like, "Oh, yeah, that was fun and funny and, in some cases, novel." And in the case of "Looper," when you're making the film, you're just chopping out the scenes. You know, you're doing what you're supposed to be doing. And getting, for the most part, the emotional scenes down and getting what Rian wanted. But after the film gets music and a big score and all of the other scenes are woven into it, it becomes a much bigger tapestry -- a much bigger story and a much richer story.

I feel the lower budget of "Looper" made it grittier and better. Does that make sense?
It absolutely does. Rian Johnson is always really sure-handed and is really sure of what story he wanted to tell. What themes he wanted to include may have been a little surprising to people. The level of violence was a theme -- it was a chosen theme. Because if you look at the opposite of that and say, "A futuristic world does not include violence," that would be a completely different theme.

You're playing John McClane again, too, [in "A Good Day to Die Hard"]. What do you like doing more at this point?
Well, I like challenges. I like trying to do things where there is a risk of failure. There's a risk of going, "I didn't quite do what I wanted with that." Or, it didn't quite live up to what I thought I was going to get to." So I like challenges. It's me competing with myself. You know, it's a solitary game for most actors -- you really are competing with yourself. I don't feel like I'm competing with any other films out there.

Is there still a risk to doing another "Die Hard" movie?
Yeah, the risk is more ... I guess it's a personal challenge. Because there are gaps of time between each movie. It's a kind of ageist tryptic: "Oh, OK, now I'm this age," and trying to tell that action movie, "Die Hard" theme -- but I'm a little older. How fast can I run? How well can I fight? So that's a challenge and, you know, it's a fun thing to do. There's a story, if you look at all of them from the first film to the one we just did. And you see me age over these films -- that has its own interest to me.

We see you age, but I feel that you're doing pretty well for yourself in the "in shape" department.
Well, it's part of it. And I need to be in shape now to be able to lift up my little baby girl and carry her around. It kind of works out on a lot of levels.

Keep in mind that I'm making questions up on the fly ...
[Laughs] Right ...

Is it weird that I liked "Hudson Hawk"? People did not respond well to that movie.
I like it a lot. I still take pride in that film. it was just a little outside the realm of what people [expected]. You know, some people come to the theater and they go, "I only want to see him do this kind of film." And that was, it was satire. We were trying to make each other laugh -- make the actors laugh. We had a really funny cast, and a lot of people didn't get to see the film because the critics chose this picture to, you know, take the trash out on.

And they did.
Every once in a while the press wants to say, "Now we're just going to take this card out and throw down the ace of spades and say, 'We're not going to like this film.'" There are a lot of people who caught on to this film, and I hear it referred to as a cult film, still. And from a studio's point of view, the film is in profit.

I didn't know that.
Yeah, no one else will tell you that. But it is. They're still grinding the wheat on that. So...

Before you made "The Sixth Sense," you made "Mercury Rising," which also co-starred a child. Were you hesitant at all to make "The Sixth Sense" because of that factor?
I remember really clearly the impact the script of "The Sixth Sense" had on me. It was so unlike anything else I had read. I read it in the first hour that I was given the script. And, two hours later, I said, "I want to do this film." And I didn't think about any of the elements -- just that I was so fooled by typewritten words. And I was so completely surprised at the end of it, "Oh, man!" It's a really difficult trick to do. I don't compare my prior work with anything I read. Although, having done as many films as I've done, I do have some science-fiction and supernatural themes in some of the films that I've done. I'm just drawn to it. "12 Monkeys" was also an "off the charts" story.

I've seen a lot of comparisons between "12 Monkeys" and "Looper."
They're very similar.

When you think back, are those two of the movies that you are most proud of?
Yeah. I mean, all three, they're novel stories. "Moonrise Kingdom" is a very novel story. There's nothing like it, except another Wes Anderson film. And even in his library, I think he would say, too, that "Moonrise Kingdom" was really different than anything he has ever done. And highly romantic. I mean, "Moonrise Kingdom" is a romantic film. And there's some romance in the science fiction of "Looper" that we didn't really talk about. We were just talking about, "OK, here's what we want to see happen in this scene -- and now you're going to do this and you're going to do some horrific things." But the stuff that comes out of it is kind of romantic. And that ending is a pretty big surprise.

What are your memories today of "Moonlighting"? There were always stories of friction on the set, but, now, 25 years later, are those good memories for you?
I have a lot of good memories about it -- a lot of great memories about it. There are all of those memories I have about the fun and frantic pace we were working at to get ten pages every day, out of seven shooting days. That's one thing. The other thing is it was a huge quantum leap for me. I had just been doing theater in New York and I think I had done one TV role, on "Miami Vice." And then I got this job in California and it was a huge leap. A very exciting time --- just to be able to offered that kind of work and then get a job where you do it for five years. And you're just racing through it. And it's a huge catalog of stories now.

Under the circumstances, I hope this went OK.
It was great -- hey, it's just a conversation. And I'm really pleased how well "Looper" turned out. And I'm really pleased for everyone involved. The actors -- and especially for Rian. He knew what he wanted, got the cast he wanted, told the story he wanted and never had to compromise. And that story is an uncompromised science-fiction, crazy, violent, romantic, modern film.

Mike Ryan is senior writer for Huffington Post Entertainment. You can contact him directly on Twitter.'

  • Richard Corliss (TIME Magazine)

    A fanciful film with the patina of hyper-realism, Looper is well served by actors who behave not as if they were dropped carelessly into the future but spent their whole desperate lives there.

  • Ben Sachs (Chicago Reader)

    The dystopian setting... makes for some bold cultural commentary, but as usual with Johnson, <a href="http://www.chicagoreader.com/chicago/looper/Film?oid=7424334">the engaging ideas feel like affectations rather than products of a fully developed sensibility</a>.

  • Joe Neumaier (New York Daily News)

    Gordon-Levitt is flinty, and Willis, on his A-game, is fiery. Together, <a href="http://www.nydailynews.com/entertainment/tv-movies/movie-review-looper-article-1.1169552">they take us on a helluva trip</a>.

  • Roger Ebert (Chicago Sun-Times)

    "Looper" weaves between past and present in a way that gives Johnson <a href="http://rogerebert.suntimes.com/apps/pbcs.dll/article?AID=/20120926/REVIEWS/120929993">and his actors opportunities to create a surprisingly involving narrative</a>.

  • Christy Lemire (Associated Press)

    Johnson establishes the machinery of the time-travel concept, <a href="http://seattletimes.com/html/entertainment/2019259160_apusfilmreviewlooper.html?syndication=rss">then steadily pushes it into the background in favor of exploring his characters and the difficult questions they face</a>.

  • Alison Willmore (Movieline)

    A clever, clever contraption about trading in your future to feed your present, <a href="http://movieline.com/2012/09/26/review-looper-joseph-gordon-levitt-rian-johnson/">and the lost boys and regretful men who willingly embrace such a bargain already believe they have nothing to live for or look forward to</a>.

  • Chris Cabin (Slant Magazine)

    As in the very best Anthony Mann and John Ford westerns, <a href="http://www.slantmagazine.com/film/review/looper/6552">Looper at once understands the visual power of violence and is deeply critical of it</a>.

  • Lisa Schwarzbaum (Entertainment Weekly)

    Looper imagines a world just near enough to look familiar, <a href="http://www.ew.com/ew/article/0,,20483133_20620084,00.html">and just futuristic enough to be chillingly askew</a>.

  • David Edelstein (New York Magazine)

    If high-toned futuristic time-travel pictures with a splash of romance float your boat the way they do mine, <a href="http://nymag.com/movies/reviews/edelstein-looper-2012-10/">you'll have yourself a time</a>.

Also on HuffPost:

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Source: http://www.huffingtonpost.com/2012/10/03/bruce-willis-looper_n_1934602.html

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Presidential debate: Which questions might trip up Obama, Romney?

Why don't you support the DREAM Act, Mr. Romney? What economic missteps have you made, President Obama? Both candidates could face tricky questions in Wednesday's debate.

By Amanda Paulson,?Staff writer / October 2, 2012

A worker on Tuesday cleans lint off the background of the stage for a presidential debate at the University of Denver Wednesday.

David Goldman/AP

Enlarge

On Wednesday, expect both presidential candidates to be pushed on some uncomfortable issues.

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How willing they are to address tough questions head-on will vary, of course ? there is still plenty of room in a debate format to dodge the issue ? but one purpose of a debate is to push candidates beyond their stump speeches.

In a first, moderator Jim Lehrer has already given advance notice of the broad topics he plans to cover: three questions on the economy, one on health care, one on governing, and one on the role of government.

But that could change, and his list is also so vague as to leave room for almost anything.

So, what are some of the questions that could ? or should ? come up in Denver Wednesday night?

Expect both candidates to be pushed hard on the economy.

For Mitt Romney, one of the toughest questions might revolve around his now infamous comment to private donors that 47 percent of the country ?believe that they are victims? and pay no federal income taxes.

Any question that pushes Romney on those comments ? and forces him to explain how his economic policies could benefit the middle class rather than just the wealthy ? could put him in a difficult position, says Julian Zelizer, a professor of history and public policy at Princeton University in New Jersey.

It could also provide Romney with an opportunity, Professor Zelizer notes ? but only if he has the right demeanor.

?In answering, it?s not simply that he says the right things about the middle class, but that he appears genuine,? says Zelizer. ?Romney has to display a kind of humanity that?s often missing.?

And economic questions could put President Obama in a tricky position too ? particularly if Mr. Lehrer presses him on why, despite his policies and the stimulus, the economy is still in as bad shape as it is.

Mr. Obama?s transition team forecast that the stimulus would keep unemployment from going above 8 percent, and instead it hasn?t gone below 8 percent, notes Jack Pitney, a government professor at Claremont McKenna College in California.

?If they haven?t anticipated that question, then [the debate prep team] is pretty hopeless,? he adds.

In Romney?s case, says Professor Pitney, they should also be anticipating some question on the 47 percent issue that explores where those policies came from: ?Ronald Reagan made a big point of taking lower-income Americans off the income-tax rolls,? for instance. ?Why do you think Reagan was wrong??

And both candidates might be pushed beyond where they?re comfortable going on economic specifics: what programs they?d cut to reduce the deficit and, in Romney?s case, what exactly he?d do differently from Obama to make the economy improve.

Health care is certainly going to come up, and is a somewhat difficult topic, complete with a lot of potential pitfalls, for both candidates.

?Obama will have to talk about health care, why this is a good bill, and why it was more important than focusing on the economy or focusing on continued stimulus,? says Zelizer.

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/6wX5EyukAPA/Presidential-debate-Which-questions-might-trip-up-Obama-Romney

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Tuesday, 2 October 2012

How Big Companies Should Innovate - Maxwell Wessel - Harvard ...

Mature corporations are designed to execute on the science of delivery ? not engage in the art of discovery. They're bad at innovation by design: All the pressures and processes that drive them toward a profitable, efficient operation tend to get in the way of developing the innovations that can actually transform the business.

This was the core thesis of the first article in this series. However, I also pointed out a paradox: being bad at innovation and good at execution isn't necessarily undesirable. Once businesses refine their model as start-ups and move towards mature operations, we as shareholders want them to shift from exploration to efficiency. We want our leaders to push their businesses toward profit generation.

But giving up the pursuit of innovation seems less than satisfying, if not unrealistic. Executives will always look for ways to achieve meaningful growth and engage in strategic renewal. If the odds were 99:1 against breakthrough innovation inside the mature company, we'd still see leaders chasing after that golden ring.

So how do you empower your corporate innovators to bring their ideas to market? How do you avoid wasting millions, if not billions, on projects destined for failure? How do you leverage your unique position to create meaningful returns and capture potential growth?

The answers to these questions aren't simple. If you're willing to acknowledge the barriers in your way, there are a few tried and true levers you can pull to ensure your intrapreneurial endeavors are better positioned for success.

Create autonomy. This is one of the most important weapons in the arsenal of new businesses. If the antibodies already exist within your organization to destroy new endeavors, you need to go outside of the organization to overcome them. In his seminal work, The Innovator's Dilemma, Clayton Christensen made the point that for disruptive innovations to be pursued effectively, they require autonomous business units. He was completely right. What's more, his solution applies not just in the case of disruptive innovation, but also the business model innovations that we repeatedly fail to embrace. The constant need to drive towards operational efficiency can be avoided through the creation of new organizations.

If Gerber's failed adult food business had been born outside of its existing organization, would the managers have distributed a product that looked like Gerber baby food? If they'd been able to pay the same amount for different packaging on the open market, what would the outcome have been? Would Gerber own today's V8? Would they operate smoothie stores like Jamba Juice? Would they have growth rates similar to Innocent, Naked and Odwalla?

We can't know for sure. But one thing is certain: faced at the onset with internal pressure to drive cost out of production, it was far less likely that Gerber could truly innovate. It could not build an adult food business within its existing structure.

Incentivize for long-term viability. Pursuing innovation inside a big company is a balancing act. The obvious assumption behind all corporate innovation is that companies have assets that can be unleashed to create value. However, in the process of unleashing this potential, leaders must make sure their innovators develop sustainability. Though giving away free support and access to infrastructure is vital in this process, doing too much of this can backfire. Leaders must manage internal transfer pricing to ensure the development of viable business models.

Imagine you want a group inside your company to figure out new ways to sell your excess widgets. To encourage this activity, you give a bunch of your excess widgets to a team and ask that they market them as something new and different. Your team comes up with a model that's wildly successful; their excess widgets sell like hotcakes. Then, when your team goes to scale up their business, you realize that they hadn't considered the cost of buying new widgets at market rates. After all, they'd been given all their widgets for free. The business then becomes unprofitable and goes belly up.

This might seem like a far-fetched example, but this type of failure happens more often than you'd think. Free access to salespeople, manufacturing capacity and marketing dollars all can inhibit the generation of sustainable business models. Transfer pricing inside a company is already a complex issue. But when it comes to innovation, it must be approached even more thoughtfully.

Test to learn. Over the past few years, Eric Ries' lean start-up movement has gained meaningful traction in the entrepreneurial community. The lean start-up puts forth an ideology of systematically testing your business model against the assumptions you're making. If you can move from uncertainty to certainty using the fewest dollars and in the shortest period of time, you're destined for great things.

The foundation of this theory, and others like it, is the scientific method. Questions are asked: Can our new asset offer a solution for our customers? Can it be profitable? Intrapreneurs must then be encouraged to test early and test often. Little by little, they can turn a hypothesis about the market into proven results.

If evidence come back that invalidates the basic hypotheses of the project, teams can cut their losses before they're too great. Simultaneously, as intrapreneurs test their ideas to gain supporting evidence for their products and services, they can justify requesting funds.

Boston Mayor Thomas Menino has been quite successful using lean operations in his efforts to innovate. A group inside his office, New Urban Mechanics, is charged with coming up with different technological solutions to city problems. Their major constraint, as described to me by one of its members, is capital. The New Urban Mechanics will only, initially, pursue opportunities that can be tackled with a small team and lean software development. By keeping the initial cost of exploration low, the office avoids stakeholder and voter scrutiny. The corporate antibodies, arguably stronger in government than anywhere else, that would normally attack innovation don't even know change is on its way. And when change does come, it works and is affordable.

Use your brain. Alfred Sloan, the late CEO of General Motors, was known for his focus on maximizing return on investment (ROI). It contributed to his success in transforming GM, a distant second in the automotive market, to a giant within the American industry.

Despite the famed CEO's respect for ROI, Sloan periodically invested in innovative efforts that couldn't possibly be justified by the numbers alone. Sloan created a central R&D unit to develop platform technologies for GM, protected the decentralized operations of his brands, and invested heavily during World War II on the hypothesis that capacity needs would pick up. When strict adherence to ROI didn't make sense, Sloan used the most valuable tool in his management portfolio ? himself.

Creating guidelines to protect innovation can work; after all, the first three steps in this post suggest as much. But at the end of the day, intuition will always play a role in management. Vision can be invaluable in forecasting where profits will flow if the world changes. So when common sense and your Excel spreadsheets don't line up, use your brain.

This is the second post in a three-part series. Read the first post here.

Source: http://blogs.hbr.org/cs/2012/10/how_big_companies_should_innovate.html

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Monday, 1 October 2012

Divided town a challenge to Myanmar democracy bid

SITTWE, Myanmar (AP) ? There are no Muslim faithful in most of this crumbling town's main mosques anymore, no Muslim students at its university.

They're gone from the market, missing from the port, too terrified to walk on just about any street downtown.

Three-and-a-half months after some of the bloodiest clashes in a generation between Myanmar's ethnic Rakhine Buddhists and stateless Muslims known as Rohingya left the western town of Sittwe in flames, nobody is quite sure when ? or even if ? the Rohingya will be allowed to resume the lives they once lived here.

The conflict has fundamentally altered the demographic landscape of this coastal state capital, giving way to a disturbing policy of government-backed segregation that contrasts starkly with the democratic reforms Myanmar's leadership has promised the world since half a century of military rule ended last year.

While the Rakhine can move freely, some 75,000 Rohingya have effectively been confined to a series of rural displaced camps outside Sittwe and a single downtown district they dare not leave for fear of being attacked.

For the town's Muslim population, it's a life of exclusion that's separate, and anything but equal.

"We're living like prisoners here," said Thant Sin, a Rohingya shopkeeper who has been holed up since June in the last Rohingya-dominated quarter of central Sittwe that wasn't burned down.

Too afraid to leave, the 47-year-old cannot work anyway. The blue wooden doors of his shuttered pharmaceutical stall sit abandoned inside the city's main market ? a place only Rakhine are now allowed to enter.

The crisis in western Myanmar goes back decades and is rooted in a highly controversial dispute over where the region's Muslim inhabitants are really from. Although many Rohingya have lived in Myanmar for generations, they are widely denigrated here as foreigners ? intruders who came from neighboring Bangladesh to steal scarce land.

The U.N. estimates their number at 800,000. But the government does not count them as one of the country's 135 ethnic groups, and so ? like Bangladesh ? denies them citizenship. Human rights groups say racism also plays a role: Many Rohingya, who speak a distinct Bengali dialect and resemble Muslim Bangladeshis, have darker skin and are heavily discriminated against.

In late May, tensions boiled over after the rape and murder of a Rakhine woman, allegedly by three Rohingya, in a town south of Sittwe. By mid-June, skirmishes between rival mobs carrying swords, spears and iron rods erupted across the region. Conservative estimates put the death toll at around 100 statewide, with 5,000 homes burned along with dozens of mosques and monasteries.

Sittwe suffered more damage than most, and today blackened tracts of rubble-strewn land filled with knotted tree stumps are scattered everywhere. The largest, called Narzi, was home to 10,000 Muslims.

Human Rights Watch accused security forces of colluding with Rakhine mobs at the height of the mayhem, opening fire on Rohingya even as they struggled to douse the flames of their burning homes.

Speaking to a delegation of visiting American diplomats earlier this month, Border Affairs Minister Lt. Gen. Thein Htay described Sittwe's new status quo. Drawing his finger across a city map, he said there are now "lines that cannot be crossed" by either side, or else "there will be aggression ... there will be disputes."

"It's not what we want," he added with a polite smile. "But this is the reality we face."

While police and soldiers are protecting mosques and guarding Rohingya in camps, there is much they cannot control. One group of 300 local Buddhist leaders, for example, issued pamphlets urging the Rakhine not to do business with the Rohingya or even talk to them. It is the only way, they say, to avert violence.

Inside Sittwe's once mixed municipal hospital, a separate ward has been established to serve Muslim patients only; on a recent day, it was filled with just four patients whose families said they could only get there with police escorts.

At the town's university, only Rakhine now attend. And at the main market, plastic identity cards are needed to enter: pink for shopkeepers, yellow for customers, none for Rohingya.

The crisis has posed one of the most serious challenges yet to Thein Sein's nascent government, which declared a state of emergency and warned the unrest could threaten the country's nascent transition toward democracy if it spread.

Although the clashes have been contained and an independent commission has been appointed to study the conflict and recommend solutions, the government has shown little political will to go further.

The Rohingya are a deeply unpopular cause in Myanmar, where even opposition leader Aung San Suu Kyi and former political prisoners imprisoned by the army have failed to speak out on their behalf. In July, Thein Sein himself suggested the Rohingya should be sent to any other country willing to take them.

"In that context, we're seeing them segregated into squalid camps, fleeing the country, and in some cases being rounded up and imprisoned," said Matthew Smith, a researcher for Human Rights Watch who authored a recent report for the New York-based group on the latest unrest.

In places like Sittwe, "there is a risk of permanent segregation," Smith said. "None of this bodes well for the prospects of a multi-ethnic democracy."

In the meantime, the government's own statistics indicate the crisis is worsening ? at least for the Rohingya.

While the total number of displaced Rakhine statewide has declined from about 24,000 at the start of the crisis to 5,600 today, the number of displaced Rohingya has risen from 52,000 to 70,000, mostly in camps just outside Sittwe.

The government has blamed the rise on Rohingya it says didn't lose homes but who are eager to gain access to aid handouts. Insecurity is also likely a factor, though. Amnesty International has accused authorities of detaining hundreds of Rohingya in a post-conflict crackdown aimed almost exclusively at Muslims. And in August, 3,500 people were displaced after new clashes saw nearly 600 homes burned in the town of Kyauktaw, according to the U.N.

Elsewhere in Rakhine state, the army has resumed forced labor against Muslims, ordering villagers to cultivate the military's paddy fields, act as porters and rebuild destroyed homes, according to a report by the Arakan Project, an activist group.

In Sittwe, mutual fear and distrust runs so high that 7,000 Rohingya crammed inside a dilapidated quarter called Aung Mingalar have not set foot outside it since June. It's the last Muslim-inhabited block downtown, a tiny place that takes about five minutes to cross by foot.

Thant Sin, the Rohingya shopkeeper who lives in Aung Mingalar, said that the government delivers supplies of rice, but that getting almost everything else requires exorbitant bribes and connections. There is just one mosque. There are no clinics, medical care or schools, and Thant Sin is worried his savings will run out in weeks.

The married father of five has been unable to open his market stall since authorities ordered it shut three months ago. One told him, "This for the Rakhine now," he recalled.

"All we want to do is go back to work," he said. "The government is doing nothing to help us get our lives back."

All four roads into Aung Mingalar are guarded by police, and outside, past the roadblocks of barbed wire and wood that divide the district from the rest of town, Rakhine walk freely ? sometimes yelling racial slurs or hurling stones from slingshots.

Across the street, a 57-year-old Rakhine, Aye Myint, leaned back in a rusted metal chair and peered at a group of bearded Muslim men in Aung Mingalar.

"I feel nothing for those people now," he said. "After what happened ... they cannot be trusted anymore. To tell the truth, we want them out of here."

Hla Thain, the attorney general of Rakhine state, denied there was any official policy of forced segregation, saying security forces are deployed to protect both sides, not keep them apart. But he acknowledged that there were not enough police or soldiers to make the two communities feel safe, and that huge obstacles to reconciliation remain.

"We want them to live together, that is our goal, but we can't force people to change," he said. "Anger is still running high. Neither side can forget that they lost family members, their homes."

For now, he said, the government is studying every possibility to make life "normal" again. For example: having Rakhine students attend university in the morning, while Rohingya go each afternoon.

Thein Htay, the border minister, was more blunt.

"We may have to build another market center, another trading center, another port" for the Rohingya, he said, because it will be "very difficult otherwise."

Source: http://news.yahoo.com/divided-town-challenge-myanmar-democracy-bid-050321188.html

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More safety indemnities offered but with similar limitations ...

In August-September 2012 a media release was circulated in Australia?promoting?an

??an Australian industry first ? leading construction & mining workplace safety provider RIS offers to indemnify operators against non compliance prosecution.?

This may be a first for RoofSafe Industrial Safety (RIS) but not for Australia. ?SafetyAtWorkBlog has reported on a smaller but similar system that originated in the automotive repair industry.

RIS? Syncron system has several steps to compliance

  • Safety Audit
  • Assessment and Priorities
  • Coordinated actions aimed at maximum cost savings
  • Indemnification
  • Ongoing Monitoring and Continuous Improvement

It seems to be popular in the mining sector, according to the RIS website and clearly, from the media release, RIS is expanding its application from its fall-protection base?into construction.

Indemnification

There are lots of issues of concern in the media release, if not in the Syncron system itself. ?The indemnification is of?particular?concern and although these sorts of safety management systems are apparently cleared through legal advisers they need a great deal of explanation in order for businesses to feel comfortable.

One of the potential traps of these systems is that indemnification only exists when the assessment and?management?system is?followed?absolutely, as highlighted below. ?Although the advisory resources exist outside the customer?s business, checking and monitoring still comes from the customer?and?adequate resources are required.

The legalese through all Syncron brochures and?statements?needs forensic analysis. ?For instance, according to the Syncron brochure, indemnity is much more limited than the media release implies:

?The Syncron process provides an?indemnity to employers against?statutory charges and penalties?incurred for the non-compliance?of a structure that has been?certified as compliant as part of?the Syncron process.?

Here it deals with plant but in specific circumstances. The media release states:

?for the first time in Australia ? and perhaps the world ? [RIS] offers to indemnify individual construction companies and mine operators against prosecution for non compliance irregularities emanating as part of its service offering.? (emphasis added)

This reinforces that Syncron only applies to those items listed or assessed?through?Syncron. It is unclear about non-Syncron covered matters.

Managing Director,?Michael Bermejo says in the media release:

?What sets us apart is our offer to indemnify construction companies and mine operators against the recently introduced, even more onerous workplace safety risks and regulations associated with the employment of workers in what can be difficult and often dangerous projects and environments. We indemnify against statutory costs or penalties imposed for the non compliance of a structure or product which RIS has certified?

?The Syncron programme, when deployed in its entirety, saves operators both time and money by using the best available, cost-effective products and technologies, integrating services, maximising productivity and substantially reducing the financial exposure to plant operation. In addition, implementation of our ?best practice? co-ordination of processes reduces downtime, while the ongoing maintenance of a safer working environment can help extend plant and equipment life with positive flow on impact to the bottom line. The Syncron programme is easy to implement and provides the operators with the ultimate ?peace of mind?? (emphasis added)

At times Syncron promises compliance on everything and at others is is limited to working at heights or confined spaces.

In the quote above, Bermejo makes a very broad general comment on safety regulations. ?He says there are

??even more onerous workplace safety risks and regulations associated with the employment of workers in what can be difficult and often dangerous projects and environments.?

If this is a?reference?to the partly-harmonised Work Health and Safety laws, he is not accurate or, at least, being too general. ?There is?similar?uncertainty if referring to the evolving?mine safety laws.

Customer ?references?

All companies like testimonials from happy customers. ?RIS? media release lists a number of ??blue chip clients? implying satisfaction or involvement with the Syncron program, promotion of which is the purpose of the media release. ?SafetyAtWorkBlog contacted several of the clients listed.

A spokesperson for the Melbourne Cricket Club?that?operates the Melbourne Cricket Ground advised SafetyAtWorkBlog that he understood :

??the Syncron programme is a system used by ISS, which is the Melbourne Cricket Club?s cleaning contractor at the Melbourne Cricket Ground. ?While ISS may use it at the MCG, ?we (the MCC) don?t use it in any way.?

ISS is likely to refer to ISS Australia, a cleaning firm. ISS was not listed in the media release as a client.

A Stockland Group spokesperson advised that:

??Our GM ? Operational Risk has no knowledge of this supplier and has never heard of them. It is possible that one of our individual business units used them for a particular project, as up to 3 months ago, each of the business units managed their own safety requirements around hiring providers.?

The list of RIS clients on the media release is impressive however some of the relationships to Syncron are uncertain.

Insurance Background

SafetyAtWorkBlog sought additional clarification on the issue of the indemnity mentioned, as the matter of indemnity and liability has been discussed previously. ?We asked:

  • Which insurance company or agent is providing the insurance backing for the RIS indemnity?
  • How does this differ from existing Directors and Officers liability insurance?

Vincent Perrot, ?one of the original team leaders who put the Syncron Indemnity offer together?, responded:

  1. ?RIS carries comprehensive insurances with reputable insurance companies, mainly Lumley insurance, covering all commercial risks including professional indemnity, product liability and directors and officers insurance. However what is being offered in the indemnity that forms part of the Syncron offering is a contractual commitment that should a client suffer statutory costs and penalties as a result of RIS issuing a certification of compliance for an area or product which is subsequently found to be non compliant it will reimburse our client the amount of those costs and penalties. It is offered to provide a level of goodwill and comfort to our clients who are catagorised (sic) as ?persons conducting a business undertaking? (PCBU) as defined by the regulations, that certifications are carried out by a ?competent person? as is also defined by the regulations and that proper process has been followed. It also contrasts RIS with the multitude of other contractors who use people eg Riggers. Fitters etc who are not appropriately qualified nor experienced to carry out certifications in accordance with the requirements of the regulations and thus who expose their clients to penalties.
  2. Please refer to point 1 above. We emphasise that we are entering into a contractual commitment which is not totally based on the company?s insurance cover. Directors and Officers Insurance normally only covers individual not corporate liability and normally requires the demonstration of an element of negligence that was known to or should have been known by the insured party.? (link added)

Compliance and Competence

As a non-lawyer, this seems generally reasonable but the issuing of a ?certificate of compliance? by a non-regulatory?body seems peculiar. ?This process also does not avoid a potential OHS prosecution and only reimburses the client for any costs and penalties. It seems to minimise the risk but not eliminate it. There can be considerable reputational damage from any prosecution for which a monetary payment will not improve.

There is also a traditional OHS and engineering tone dominating RIS? statements where only physical hazards are addressed. ? Perrot mentions the competent person who,?according?to the Work Health and Safety Regulations?pertaining?to high risk work:

?a) is, or is qualified to be, a member of Engineers Australia with the status of Chartered Professional Engineer or entered on the National Professional Engineers Register administered by the Institution of Engineers Australia, and

(b) has experience in inspecting or designing cranes.?

It is unclear how applicable the Syncron service would be for psychosocial incidents that also occur in the mining and construction sectors such as bullying, fatigue and job stress.

Technology

RIS also appears to have applied a digital layer to Syncron?through??smart data?, a?combination?of online and offline capability,?PC, tablet and smartphone compatibility and the ability to generate automated SMS and email capacity. ?Whether this technology is a boon or an impediment to safety management in reality remains to be seen, and not only in?reference?to Syncron.

Taking up the offer of such a safety?management?system requires a great detail of analysis, consideration and discussion. ?It may be that this type of program is the future of OHS ? a type of outsourced regulatory compliance ? but it would require an endorsement by existing regulatory bodies or, at least, a ?watching brief? statement. ?Such a system would require a massive rewrite for it to apply outside the mining and construction sectors and there remain serious questions about its applicability to the non-physical hazards found in the mining and construction sectors, particularly given increasing concern over the OHS of fly-in, fly-out work structures.

Managing Director Bermejo describes RIS as ??truly .. a complete solutions provider?. Perhaps in certain industries and with certain work activities but not for everything or everyone, and therefore, not really ?complete?.

Kevin Jones

-37.716384 145.006665

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Source: http://safetyatworkblog.com/2012/10/01/more-safety-indemnities-offered-but-with-the-same-limitations/

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