Amazon fends off Apple claim to "Appstore" name

OAKLAND: A federal judge on Wednesday rejected Apple's claim of false advertising for Amazon.com to refer to its online shop for mobile gadget applications as an "app store."

"Apple has failed to establish that Amazon made any false statement of fact that actually deceived or had the tendency to deceive a substantial segment of its audience," US District Judge Phyllis Hamilton said in her ruling.

"The mere use of 'Appstore' by Amazon to designate a site for viewing and downloading/purchasing apps cannot be construed as a representation that the nature, characteristics, or quality of the Amazon Appstore is the same as that of the Apple App Store."

Apple in 2008 launched its App Store, which is stocked with mini-programs for iPhones, iPads, and iPod touch devices.

Amazon in late 2011 opened its "Appstore," which sells applications tailored for Android-powered mobile devices for the Seattle, Washington-based retail giant's Kindle Fire tablets.

Apple sued Amazon, claiming its rival was engaging in false advertising as well as trademark infringement.

US officials are still considering Apple's application to trademark the term "App Store," but that did not deter the company from pressing its case in Hamilton's courtroom in the California city of Oakland.

Software titan Microsoft is among the companies that have weighed in against letting the Cupertino, California, company have a trademark giving it the exclusive right to call a mobile applications market an "app store."

- AFP/jc

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Google, Yahoo among list of top ad companies funding piracy

'Everyone knows piracy has destroyed the record business,' said Jonathan Taplin, director of the USC Annenberg Innovation Lab

(Credit:
Greg Sandoval/CNET)

Google and Yahoo's advertising networks are accused of financially supporting those who pirate music and movies online, according to a report from the University of Southern California.

The school's Annenberg Innovation Lab studied which ad networks placed the most ads on sites accused of infringing music and film copyrights and today issued a list of the top 10. Google is No. 2 and Yahoo came in at No. 6.

OpenX, a company that supplies digital and mobile advertising tools and based in Pasadena, Calif, was the top advertiser on pirate sites, the report said. To help compile the list of the "top infringing sites," USC used Google's own Transparency Report, which lists the names of the sites that receive the most requests from copyright owners to remove infringing content.

Google told CNET that it hadn't seen the report but that it was a mistake to suggest the company's ads are a major source of funds for pirate sites, saying: "The complexity of online advertising has led some to conclude incorrectly that the mere presence of any Google code on a site means financial support from Google."

Entertainment companies are trying to hit pirates in the wallet. The trade groups of the largest film and music companies have pressured Google for years to tweak its search rankings and ad networks to help choke off traffic and funds to pirates.

Google, which now sells movies and music as part of Google Play (the successor to the
Android Market) and YouTube, has acquiesced in some ways, such as removing millions of URLs to pirated content from its search function. The entertainment sector has applauded the efforts but they want Google to keep going.

USC, which has long had strong ties to Hollywood and the television sector, isn't planning to stop. The school plans to issue a report on the top 10 offending ad networks every month. Jonathan Taplin, a former film industry executive told The Los Angeles Times: "All musicians know ... why their incomes have plummeted," Taplin said. "Everyone knows piracy has destroyed the music business."

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Stocks soar after Congress passes "fiscal cliff" bill

A trader smiles on Jan. 2, 2013, on the trading floor of the New York Stock Exchange in New York. / Spencer Platt/Getty Images

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Congress approves plan to avert "fiscal cliff"

NEW YORK Stocks roared higher on Wall Street and around the world after Congress passed a last-minute budget deal to avert sweeping tax hikes and government spending cuts.

The Dow Jones industrial jumped 308 points to close at 13,412 Wednesday, the first trading day of the year. That's the biggest gain the Dow has had since December 2011.

The Standard & Poor's 500 index rose 36 points to 1,462. The Nasdaq composite rose almost 93 points to 3,112.

The gains were broad. Ten stocks rose for every one that fell on the New York Stock Exchange.

Technology and bank stocks had the biggest gains.

Car-sharing company Zipcar (ZIP) surged 48 percent after agreeing to be bought by Avis (CAR) for nearly $500 million.

Volume was heavier than the recent average at 4.1 billion shares.

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Lawmakers Furious at Boehner Over Sandy 'Betrayal'

New Jersey Gov. Chris Christie said today that it was "disgusting" that the House adjourned without voting on a $60 billion relief package for the victims of superstorm Sandy and put the blame squarely on a fellow Republican -- House Speaker John Boehner.

Christie, who is considered a possible Republican presidential candidate four years from now, said there was "only one group to blame, the Republican Party and Speaker Boehner."

The blunt talking New Jersey governor joined a chorus of Republicans from New York and New Jersey fuming over his decision to pull the bill at the last minute.

Christie in an angry news conference decried the "selfishness and duplicity," the "palace intrigue," "the callous indifference to the people of our state."

"Unfortunately people are putting politics ahead of their responsibilities... You do the right thing. Enough with all the politics," he said.

Christie said that when it comes to natural disasters, "We respond as Americans, at least we did until last night... it was disgusting to watch."

"In our hour of desperate need, we've been left waiting for help six times longer than the victims of Katrina with no end in sight," said Christie. "Sixty-six days and counting, shame on you. Shame on Congress."

The governor said his four calls to Boehner Tuesday night went unanswered, but he said he spoke to the House speaker today. Christie would not disclose any details of the conversation, but clearly his anger over the no-vote was not mollified.

He said that Boehner told him that the speaker would meet with the New Jersey and New York delegations today about the bill.

Rep. Peter King Blasts Speaker Boehner on House Floor Watch Video

Boos as House Adjourns Without Hurricane Sandy Relief Watch Video

'Fiscal Cliff' Deal Passes House Despite GOP Holdouts Watch Video

Lawmakers were told by Boehner, R-Ohio, that the relief bill would get a vote on Tuesday night following an eleventh hour vote on the fiscal cliff bill. But in an unexpected switch, Boehner refused to put the relief bill to a vote, leading to lawmakers from parties yelling on the floor of the House.

Congress historically has responded to natural disasters by promptly funding relief efforts. It took just 11 days to pass a relief package for victims of Hurricane Katrina in 2005. The Senate already passed its version of the bill that would replenish an emergency fund set to run out of cash next week and which will help repair subways and tunnels in New York City and rebuild parts of the New Jersey shore devastated by superstorm Sandy.

Time is particularly pressing, given that a new Congress will be sworn in Thursday. The Senate will therefore have to vote on the bill again before it comes to the House, which could be as late as February or March.

"This was a betrayal," Rep. Michael Grimm, R-N.Y., told ABC News.com. "It's just reprehensible. It's an indefensible error in judgment not have given relief to these people that are so devastated."

Rep. Peter King, R- N.Y., took the floor of the House and to the airwaves and aimed his outrage squarely at Boehner, accusing him plunging "a cruel knife in the back" of storm-ravaged residents "who don't have shelter, don't have food," he said during a House session this morning.

"This is not the United States. This should not be the Republican Party. This shouldn't not be the Republican leadership," King said on the floor of the House.

He made no attempt to hide his anger, suggesting that residents in New York and New Jersey should stop sending money to Republicans and even questioning whether he could remain a member of the party.

"Anyone who donates one cent to the Republican Congressional Campaign Committee should have their head examined," King, a staunch conservative and Republican congressman for 10 years, told CNN.

"They have written off New York and New Jersey. They've written me off…. Party loyalty, I'm over that. When your people are literally freezing in the winter… Then why should I help the Republican Party?" he added.

He said that Boehner refused to talk to Republican members from New York and New Jersey when they tried to ask him about the vote Tuesday night.

"He just decided to sneak off in the dark of night," King said.

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CAR rebels halt advance, agree to peace talks

DAMARA, Central African Republic (Reuters) - Rebels in Central African Republic said they had halted their advance on the capital on Wednesday and agreed to start peace talks, averting a clash with regionally backed troops.

The Seleka rebels had pushed to within striking distance of Bangui after a three-week onslaught and threatened to oust President Francois Bozize, accusing him of reneging on a previous peace deal and cracking down on dissidents.

Their announcement on Wednesday gave the leader only a limited reprieve as the fighters told Reuters they might insist on his removal in the negotiations.

"I have asked our forces not to move their positions starting today because we want to enter talks in (Gabon's capital) Libreville for a political solution," said Seleka spokesman Eric Massi, speaking by telephone from Paris.

"I am in discussion with our partners to come up with proposals to end the crisis, but one solution could be a political transition that excludes Bozize," he said.

Bozize on Wednesday sacked his Army Chief of Staff and took over the defense minister's role from his son, Jean Francis Bozize, according to a decree read on national radio, a day after publicly criticizing the military for failing to repel the rebels.

The advance by Seleka, an alliance of mostly northeastern rebel groups, was the latest in a series of revolts in a country at the heart of one of Africa's most turbulent regions - and the most serious since the Chad-backed insurgency that swept Bozize to power in 2003.

Diplomatic sources have said talks organized by central African regional bloc ECCAS could start on January 10. The United States, the European Union and France have called on both sides to negotiate and spare civilians.

Central African Republic is one of the least developed countries in the world despite its deposits of gold, diamonds and other minerals. French nuclear energy group Areva mines the country's Bakouma uranium deposit - France's biggest commercial interest in its former colony.

RELIEF IN BANGUI

News of the rebel halt eased tension in Bangui, where residents had been stockpiling food and water and staying indoors after dark.

"They say they are no longer going to attack Bangui, and that's great news for us," said Jaqueline Loza in the crumbling riverside city.

ECCAS members Chad, Congo Republic, Gabon and Cameroon have sent hundreds of soldiers to reinforce CAR's army after a string of rebel victories since early December.

Gabonese General Jean Felix Akaga, commander of the regional force, said his troops were defending the town of Damara, 75 km (45 miles) north of Bangui and close to the rebel front.

"Damara is a red line not to be crossed ... Damara is in our control and Bangui is secure," he told Reuters. "If the rebellion decides to approach Damara, they know they will encounter a force that will react."

Soldiers armed with Kalashnikovs, rocket propelled grenade launchers and truck-mounted machineguns had taken up positions across the town, which was otherwise nearly-abandoned.

Some of the fighters wore turbans that covered their faces and had charms strung around their necks and arms meant to protect them against enemy bullets.

Chad's President Idriss Deby, one of Bozize's closest allies, had warned the rebels the regional force would confront them if they approached the town.

Chad provided training and equipment to the rebellion that brought Bozize to power by ousting then-president Ange Felix Patasse, who Chad accused of supporting Chadian dissidents.

Chad is also keen to keep a lid on instability in the territory close to its main oil export pipeline and has stepped in to defend Bozize against insurgents in the past.

A CAR government minister told Reuters the foreign troop presence strengthened Bozize's bargaining position ahead of the Libreville peace talks.

"The rebels are now in a position of weakness," the minister said, asking not to be named. "They should therefore stop imposing conditions like the departure of the president."

Central African Republic is one of a number of countries in the region where U.S. Special Forces are helping local soldiers track down the Lord's Resistance Army, a rebel group which has killed thousands of civilians across four nations.

France has a 600-strong force in CAR to defend about 1,200 of its citizens who live there.

Paris used air strikes to defend Bozize against a rebellion in 2006. But French President Francois Hollande turned down a request for more help, saying the days of intervening in other countries' affairs were over.

(Additional reporting by Paul-Marin Ngoupana in Bangui and Jon Herskovitz in Johannesburg; Writing by Richard Valdmanis; Editing by Andrew Heavens and Janet Lawrence)

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Motorcycle bomb kills four in Pakistan's Karachi

KARACHI: A motorcycle bomb exploded Tuesday near the venue of a major political rally in Pakistan's largest city Karachi, killing four people and injuring 42 others, officials said.

The bombing appeared to be targeted at buses carrying supporters of the city's dominant political party, the Muttahida Qaumi Movement (MQM), which organised the rally attended by thousands of people.

"The latest report we have collected from hospitals said that four people have been killed and 42 are injured," provincial health minister Saghir Ahmad told AFP, updating the earlier toll of two dead and 25 injured.

Another health official at Karachi's Abbasi Shaheed hospital confirmed the new toll.

"The bomb was planted in a motorcycle," said Asif Ijaz, a senior police official.

Imran Shokat, a police spokesman in the southern Sindh province of which Karachi is the capital, said the motorcycle was parked in a congested neighbourhood near the venue of the rally.

"Bomb disposal experts are investigating but preliminary reports said it was a remote-controlled bomb," Shokat told AFP.

Karachi, the commercial capital of Pakistan with an estimated population of 18 million, is in the grip of a long-running wave of political and sectarian violence.

Its Arabian Sea port is used by the United States and NATO to ship supplies to the war in neighbouring, landlocked Afghanistan.

- AFP/jc

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New Apple ad a bit disturbing, as touted feature reportedly has New Year's hiccups

Now that's a dream.

(Credit:
Apple Screenshot by Chris Matyszczyk/CNET)

However walled your garden, rodents still pad around, cockroaches still shuffle.

One can only, therefore, feel sympathy for Apple's new ad for the
iPhone 5.

It features the mysterious and wonderful Williams sisters. They are in a dream. They are playing the dreamy Jeff Daniels at ping-pong.

And yet the ad also features the phone's "Do Not Disturb" feature, which users can switch on to silence in-coming calls, alerts, and notifications, or set up to perform such silencing during a preordained period of time. And who would want to be disturbed during such a high-level game of table tennis?

The slightly unfortunate aspect is that, as 9to5Mac glumly recognizes, there were reports overnight that this feature did actually disturb.

By not switching itself off.

The forums at MacRumors, for example, were adorned by iPhone users mystified that they had missed vital events such as, who knows, an invitation to a spontaneous brunch or a call informing them they had removed their pants in public last night.

More Technically Incorrect

The problems was reported in Spain, Australia, and even the home of all things current and disturbing, Brooklyn.

I have contacted Apple to see whether this has been noticed by the company and whether this might be mere operator error or something more disturbing.

There will be some who, excited by the slight disturbance over Apple's maps -- not to mention last year's alarm-clock stumble apparently also caused by the New Year rollover -- will be snorting that this is another example of Cupertino's imperfection.

They will sniff in jest that all these people must have been holding their iPhones wrong when they set them not to disturb.

I prefer to imagine that this is all the work of Siri.

She knew what each of these iPhone owners had been through and done on New Year's Eve.

She just wanted to offer them extra rest before reality knocked upon their foreheads and muttered: "Have you any idea what you put in your ear last night?"

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61 killed in post-celebration stampede in Ivory Coast

ABIDJAN, Ivory CoastA crowd stampeded after leaving a New Year's fireworks show early Tuesday in Ivory Coast's main city, killing 61 people — many of them children and teenagers — and injuring more than 200, rescue workers said.

Thousands had gathered at the Felix Houphouet Boigny Stadium in Abidjan's Plateau district to see the fireworks. It was only the second New Year's Eve fireworks display since peace returned to this West African nation after a bloody upheaval over presidential elections put the nation on the brink of civil war and turned this city into a battle zone.

With 2013 showing greater promise, people were in the mood to celebrate on New Year's Eve. Families brought children and they watched the rockets burst in the nighttime sky. But only an hour into the new year, as the crowds poured onto the Boulevard de la Republic after the show, something caused a stampede, said Col. Issa Sako of the fire department rescue team. How so many deaths occurred on the broad boulevard and how the tragedy started is likely to be the subject of an investigation.

Many of the younger ones in the crowd went down, trampled underfoot. Most of those killed were between 8 and 15 years old

"The flood of people leaving the stadium became a stampede which led to the deaths of more than 60 and injured more than 200," Sako told Ivory Coast state TV.

Desperate parents went to the city morgue, the hospital and to the stadium to try to find missing children. Mamadou Sanogo was searching for his 9-year-old son, Sayed.

"I have just seen all the bodies, but I cannot find my son," said a tearful Sanogo. "I don't know what to do."

State TV showed a woman sobbing in the back of an ambulance; another was bent over on the side of the street, apparently in pain; and another, barely conscious and wearing only a bra on her upper body, was hoisted by rescuers. There were also scenes of small children being treated in a hospital. One boy grimaced in pain and a girl with colored braids in her hair lay under a blanket with one hand bandaged. The death toll could rise, officials said.

After the sun came up, soldiers were patrolling the site that was littered with victims' clothes, shoes, torn sandals and other belongings. President Alassane Ouattara and his wife Dominique visited some of the injured in the hospital. Mrs. Ouattara leaned over one child who was on a bed in a crowded hospital ward and tried to console the youngster. The president pledged that the government would pay for their treatment, his office said.

The government organized the fireworks to celebrate Ivory Coast's peace, after several months of political violence in early 2011 following disputed elections.

This is not Ivory Coast's first stadium tragedy. In 2009, 22 people died and over 130 were injured in a stampede at a World Cup qualifying match at the Houphouet Boigny Stadium, prompting FIFA, soccer's global governing body, to impose a fine of tens of thousands of dollars on Ivory Coast's soccer federation. The stadium, which officially holds 35,000, was overcrowded at the time of the disaster.

A year later, two people were killed and 30 wounded in a stampede at a municipal stadium during a reggae concert in Bouake, the country's second-largest city. The concert was organized in the city, held by rebels at the time, to promote peace and reconciliation.

Ivory Coast is the world's largest cocoa producer, growing more than 37 percent of the world's annual crop of cocoa beans, which are used to make chocolate.

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New School for Sandy Hook Duplicated to the Crayons

The students and staff of Sandy Hook Elementary School will return to school on Thursday for the first time since the shooting rampage that left 20 young students and six adults dead. The students will be in a new building where their old classrooms have been completely recreated.

Instead of returning to the halls of Sandy Hook Elementary School in Newtown, Conn., they will be going to the building that used to be the Chalk Hill Middle School in Monroe, about six miles away.

Sandy Hook school was shut since Adam Lanza carried out his massacre shortly before Christmas.

Since principal Dawn Hochsprung was one of the victims of the shooting, the school will be led by interim principal Donna Page. Page was the school's prior principal who retired in 2010.

"Please know the inspiration you and your children have been to my staff and me as we connect with you at Chalk Hill," Page wrote in a letter posted on the school's website. "Be assured that the towns of Monroe and Newtown are working night and day to ensure the facility is safe, secure, and fully operational for our return," Page wrote.

The school will host a walk-through for families on Wednesday and "Opening Day" will be Thursday.

"I want to reassure you that we understand many parents may need to be near their children on their first day(s) of school and you will be welcome," Page wrote.

Don Emmert/AFP/Getty Images

Tragedy at Sandy Hook: The Search for Solutions Watch Video

Meteorites Stolen From Astronomical Research Institute Watch Video

The school is encouraging students to take the bus in order to help them return to familiar routines and said parents may come to the school's classrooms or auditorium throughout the day after the 9:07 a.m. opening. They are asking that no more than one adult family member accompany each child in order "to ensure a safe and secure environment."

In addition to a parental presence at the school, comfort dogs will be returning to brighten the day. Small armies of golden retrievers spread out all over Newtown in the days following the shooting to comfort mourners young and old.

Chicago's Lutheran Church Charities' K-9 Parish Comfort Dogs were in Newtown after the shooting and are traveling back to Connecticut today. Nine dogs and their handlers gathered at their building at 1 a.m. this morning to board a caravan of one RV and two vans heading to Connecticut.

"The community of Newtown will be going through the healing process for a very long time," the group wrote on their website. "The LCC K-9 Comfort dogs will be returning to Newtown...They will be there to greet children as they return to school."

The rest of the Newtown school district resumes classes on Wednesday.

Furniture and supplies from Sandy Hook were moved to Chalk Hill in order to recreate the classrooms just as they were.

Teachers photographed their classrooms at Sandy Hook in order to replicate everything about them, from the pictures on the walls to the crayons left on the students' desks. This is all part of an effort to make the students feel as comfortable as possible.

Workers completely retrofitted the former middle school to fit the needs of its young students, including tearing out bathrooms that were made for teenagers and rebuilding them for elementary-aged kids.

New security systems are being installed at Chalk Hill school, and Newtown Councilman Steve Vavrek told ABC News that the school will be "the safest school in America."

For a school that has gone through so much, moving forward does not mean forgetting.

"I want parents and families enduring the loss of their precious children to know their loved ones are foremost in our hearts and minds as we move forward," Page wrote. "Your strength and compassion has been, and will continue to be an inspiration to me and countless others as we work to honor the memory of your precious children and our beloved staff."

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About 60 crushed to death in Ivory Coast stampede

ABIDJAN (Reuters) - About 60 people were crushed to death in a stampede outside a stadium in Ivory Coast's main city of Abidjan after a New Year's Eve fireworks display, the government said on Tuesday.

The incident took place near Felix Houphouet Boigny Stadium where a crowd had gathered to watch fireworks, emergency officials said.

One of the injured, speaking to Reuters at a hospital, said security forces had arrived to break up the crowd, triggering a panic in which many people fell over and were trampled.

"The provisional death toll is 60 and there are 49 injured," Interior Minister Hamed Bakayoko said in a statement broadcast on national television.

President Alassane Ouattara, visiting injured people at the hospital, called the incident a national tragedy and said an investigation was underway to determine what happened.

A Reuters correspondent said blood stains and abandoned shoes littered the scene outside the stadium on Tuesday morning.

"My two children came here yesterday. I told them not to come but they didn't listen. They came when I was sleeping. What will I do?" said Assetou Toure, a cleaner.

She did not know if her children had escaped unhurt.

The incident was the worst of its kind in Abidjan since 2010, when a stampede at a stadium during a football match killed 18 people.

Ivory Coast, once a stable economic hub for West Africa, is struggling to recover from a 2011 civil war in which more than 3,000 people were killed.

(Reporting by Loucoumane Coulibaly and Alain Amontchi; Writing by Richard Valdmanis; Editing by Angus MacSwan)

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