Facebook takes another shot at settling privacy lawsuit

SAN FRANCISCO (Reuters) – A U.S. judge said he would consider whether to preliminarily approve Facebook‘s second attempt to settle allegations the social networking company violated privacy rights.

Earlier this year, U.S. District Judge Richard Seeborg rejected a proposed class action settlement over Facebook’s ‘Sponsored Stories’ advertising feature. But at a hearing on Thursday in San Francisco federal court, Seeborg was much less critical of a revised proposal and promised a ruling “very shortly.”

Five Facebook Inc members filed a lawsuit seeking class-action status against the social networking site, saying its Sponsored Stories feature violated California law by publicizing users’ “likes” of certain advertisers without paying them or giving them a way to opt out. The case involved over 100 million potential class members.

As part of a proposed settlement reached earlier this year, Facebook agreed to allow members more control over how their personal information is used. Facebook also agreed to pay $ 10 million for legal fees and $ 10 million to charity, according to court documents.

However, Seeborg rejected the proposed deal in August, questioning why it did not award any money to members.

In a revised proposal, Facebook and plaintiff lawyers said users now could claim a cash payment of up to $ 10 each to be paid from a $ 20 million total settlement fund. Any money remaining would then go to charity.

The company also said it would engineer a new tool to enable users to view any content that might have been displayed in Sponsored Stories and then opt out if they desire, the court document says.

In court on Thursday, Facebook attorney Michael Rhodes said the settlement provided meaningful protections and that Seeborg’s job was to ensure a fair settlement – not write national privacy policy.

“Trust me, I’m not proposing to set grand policy with privacy issues writ large,” Seeborg said.

Two children’s advocacy groups filed court papers opposing the deal, saying that an opt-in procedure with parental consent should be required before Facebook can use a minor’s content in ads.

However, plaintiff attorney Robert Arns said the deal balances the public good with Facebook’s ability to run a profitable social networking service.

“We believe we cracked the code so that it’s fair,” he said.

If Seeborg grants his preliminary approval, outside groups would be able to file further objections before a final hearing.

The case in U.S. District Court, Northern District of California is Angel Fraley et al., individually and on behalf of all others similarly situated vs. Facebook Inc, 11-cv-1726.

(Reporting By Dan Levine. Editing by Andre Grenon)

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Justin Bieber gets love at American Music Awards

Justin Bieber may be Canadian, but he was the all-American boy at Sunday night’s American Music Awards.

The pop singer dominated the awards show, winning three trophies, including artist of the year. His mom joined him onstage as he collected the award, beating out Rihanna, Maroon 5, Katy Perry and Drake.

“I wanted to thank you for always believing in me,” Bieber said, looking to his mom.

The 18-year-old also won the honor in 2010. He said it’s “hard growing up with everyone watching me” and asked that people continue to believe in him.

But the teenager who brought his mom as a date also got in some grinding with Nicki Minaj — who shared the stage with him and took home two awards — and a kiss on the neck from presenter Jenny McCarthy.

“Wow. I feel violated right now,” he said, laughing.

“I did grab his butt,” McCarthy said backstage. “I couldn’t help it. He was just so delicious. So little. I wanted to tear his head off and eat it.”

Another collaboration was the night’s most colorful performance: Korean rapper PSY and MC Hammer. Hammer joined the buzzed-about pop star for his viral hit “Gangnam Style.” PSY rocked traditional “Hammer” pants as they danced to his jam and to Hammer’s “Too Legit to Quit.”

Minaj, who wore three different wigs and four outfits throughout the night, repeated her AMAs wins from last year, picking up trophies for favorite rap/hip-hop artist and album for “Pink Friday: Roman Reloaded.” She was in an all-white get-up, including fur coat and pink hair when she performed her new song “Freedom.” The scene was ghostly and snowy, as a choir — also in white — joined her onstage. One background singer stole the performance, belting semi-high notes as Minaj looked on.

Usher kicked off the three-hour show with green laser lights beaming onstage as he performed a medley of songs, including “Numb,” ”Climax” and “Can’t Stop, Won’t Stop,” which featured a smoky floor and a number of backup dancers, as Usher jammed in all black, with the exception of his red shoes. He won favorite soul/R&B male artist.

His protege Bieber won favorite pop/rock male artist in the first award handed out and gave a shout-out to those who didn’t think he would last on the music scene.

“I want to say this is for all the haters who thought I was just here for one or two years. I feel like I’m going to be here for a very long time,” he said.

He also won favorite pop/rock album for his platinum-selling third album, “Believe.” He gave a stripped down, acoustic performance of “As Long As You Love Me,” then transitioned to the dance-heavy “Beauty and a Beat,” where Minaj joined him onstage, grinding with the teen for a few seconds.

Swift won her fifth consecutive award for favorite country female artist.

“This is unreal. I want to thank the fans. You guys are the ones who voted on this,” she said.

Swift gave a masquerade-themed performance of the pop song “I Knew You Were Trouble.” She sang onstage in a light dress while dancers wore mostly black. But then she changed into a red corset and black skirt, matching their dark mood. She even danced and sang on the floor as lights flickered throughout the performance.

Dick Clark, who created the AMAs, was remembered by Ryan Seacrest and an upbeat performance by Stevie Wonder.

“What a producer he was,” said Seacrest, as Wonder sang his hits, including “My Cherie Amour.”

Carly Rae Jepsen, who performed early in the night, won favorite new artist.

“I am floored. Wow,” she said, thanking Bieber and his manager, Scooter Braun.

Party girl Ke$ ha was glammed up on the red carpet, rocking long, flowy blonde hair and a light pink dress. She switched to her normal attire when she performed her hit single “Die Young.” It was tribal, with shirtless dancers in skin-tight pants, silver hair and skeleton-painted faces, who also played the drums. Ke$ ha was pants-less, rocking knee-high boots and rolling on the floor as she finished up the song.

Minaj and Christina Aguilera were blonde bombshells, too: Minaj’s hair was busy and full of volume and she sported a neon strapless gown to accept her first award. Aguilera wore a blonde bob in a purple dress that matched her eyeshadow.

Aguilera performed a medley of material from her new album and joined Pitbull onstage.

Kelly Clarkson also hit the stage, making a nod to her “American Idol” roots with a number on her dress and three judges looking on as she sang “Miss Independent.” Then she went into “Since U Been Gone,” ”Stronger” and “Catch My Breath.”

Fellow “Idol” winner Carrie Underwood won best favorite country album and performed, hitting the right notes while singing “Two Black Cadillacs.” She talked about singing competition shows backstage.

“These people that go on these shows are so talented, you know? And I would love to see if so many of the other artists that are out there today would go back and try out for these shows, because they might get their behinds kicked by some of the contestants,” she said.

Luke Bryan won favorite country male artist and Lady Antebellum favorite country group.

American Music Awards nominees were selected based on sales and airplay, and fans chose the winners by voting online. At this award show, even the stars were fans: Pink said on the red carpet that she’d like to collaborate with Lauryn Hill. Cyndi Lauper said her musical playlist includes Pink and Minaj. Boy band The Wanted said they were excited to see PSY and Colbie Caillat wanted to watch No Doubt.

“What makes the American Music Awards special is the fans choose the winning artists,” said Chester Bennington of Linkin Park, who won favorite alternative rock artist and performed “Burn It Down,” as Brandy sang along and Gwen Stefani, Usher and Phillip Phillips bobbed their heads.

David Guetta won the show’s first-ever electronic dance music award. Non-televised awards went to Katy Perry for pop/rock female artist, Beyonce for soul/R&B female artist, Adele for adult contemporary artist and Shakira for Latin artist.

Along with Rihanna, Minaj was the top nominee with four nominations.

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AP Entertainment Writer Sandy Cohen contributed to this report from Los Angeles.

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Follow Mesfin Fekadu on Twitter at http://twitter.com/MusicMesfin

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Online:

http://beta.abc.go.com/shows/american-music-awards

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One in 20 youth has used steroids to bulk up: study

NEW YORK (Reuters Health) – About five percent of middle and high school students have used anabolic steroids to put on muscle, according to a new study from Minnesota.

In addition to steroid use, more than one-third of boys and one-fifth of girls in the study said they had used protein powder or shakes to gain muscle mass, and between five and 10 percent used non-steroid muscle-enhancing substances, such as creatine.

Researchers said a more muscular body ideal in the media may be one factor driving teens to do anything possible to get toned, as well as pressure to perform in sports.

“Really the pressure to start using (steroids) is in high school,” said Dr. Linn Goldberg, from Oregon Health & Science University in Portland.

“You get the influence of older teens in high school, so when you’re a 14-year-old that comes in, you have 17-year-olds who are the seniors, and they can have great influence as you progress into the next stage of your athletic career.”

The new data came from close to 2,800 kids and teens at 20 different middle and high schools in the Minneapolis/St. Paul area. During the 2009-2010 school year, those students completed a survey on food and weight-related behaviors, including activities tied to muscle gain.

The majority of kids surveyed were poor or middle-class.

Almost all of them had engaged in at least one muscle-building activity in the past year, most often working out more to get stronger. But up to one-third of kids and teens used what the researchers deemed to be unhealthy means to gain muscle mass, including taking steroids and other muscle-building substances or overdoing it on protein shakes, dieting and weight-lifting.

Student-athletes were more likely than their peers to use most methods of muscle-building. Steroid use, however, was equally common among athletes and non-athletes.

According to findings published Monday in the journal Pediatrics, Asian students were three to four times more likely to have used steroids in the past year than white students. Most Asians in the study were Hmong, lead researcher Marla Eisenberg from the University of Minnesota in Minneapolis and her colleagues noted.

Their study shows higher adolescent use of steroids and other muscle-boosting substances than most other recent research and “is cause for concern,” according to the researchers. But it’s not clear whether the findings would apply to an area outside of the Twin Cities, or among wealthier students, they noted.

ROID RAGE?

Anabolic steroids are synthetic versions of testosterone, the male sex hormone. Steroids are prescribed legally to treat conditions involving hormone deficiency or muscle loss, but when they’re used for non-medical purposes, it’s typically at much higher doses, according to the National Institute on Drug Abuse.

In those cases, steroids can cause mood swings – sometimes known as roid rage – and for adolescents, stunted growth and accelerated puberty.

Anabolic steroids have become pervasive in professional sports, including baseball, football and boxing. (Another example of performance-enhancing drug use is “blood doping” with erythropoietin or EPO, which is behind the Lance Armstrong cycling controversy that caused him to be stripped of his Tour de France titles last month.)

Experts have worried that the drive to get ahead of competitors at any cost could trickle down to college and high school athletes, as well.

Goldberg, co-developer of the ATLAS and ATHENA programs to prevent steroid and other substance use on high school teams, said it’s important to give teens healthier alternatives to build muscle.

“I would stay away from all supplements, because you don’t know what’s in them,” Goldberg, who wasn’t involved in the new study, told Reuters Health.

“What’s important is to teach kids how to eat correctly,” he said. Goldberg said getting enough protein through food, eating breakfast and avoiding muscle toxins like alcohol and marijuana can all help young athletes get stronger without shakes or supplements.

Eisenberg’s team did not find clustering of steroid use and other muscle-enhancing behaviors within particular schools.

“Rather than being driven by a particular school sports team coach or other features of a school’s social landscape, this diffusion suggests that muscle-enhancing behaviors are widespread and influenced by factors beyond school, likely encompassing social and cultural variables such as media messages and social norms of behavior more broadly,” the researchers wrote.

SOURCE: http://bit.ly/jsoh2P Pediatrics, online November 19, 2012.

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Europe’s Economy: Look Out Below, Again

It’s official: Europe has double-dipped. The 17-country euro zone has fallen into its second recession since 2008, as figures released on Nov. 15 showed gross domestic product declining 0.1 percent during the third quarter. That followed a 0.2 percent contraction during the previous three months, according to the European Union’s statistics office.

There were some unexpected bright spots. Germany and France posted 0.2 percent quarter-on-quarter growth, ahead of expectations. Even some of the region’s most troubled economies suffered relatively modest contractions, including 0.3 percent in Spain and 0.2 percent in Italy.

Overall, though, “Europe’s economic downturn has not only deepened; it’s broadened with a vengeance,” says Nicholas Spiro, managing director of Spiro Sovereign Strategy in London. Usually solid economies in such countries as Austria and the Netherlands were among those posting quarterly declines.

In some countries, even worse times could lie ahead. “Whereas austerity is starting to ease in Italy, Spain is heading for the point of maximum pain,” economist Holger Schmieding of Berenberg Bank in London wrote in a research note. Recent austerity measures in Spain “will likely lead to a more pronounced recession” during the current quarter and in early 2013, Schmieding says.

France’s 0.2 percent expansion, which followed three quarters of flat growth, “is probably the result of a temporary rebound at the European level,” says Michel Martinez, an economist at Société Générale in Paris. France “is heading to a moderate recession or at best remaining flat.”

The picture isn’t likely to improve soon, Spiro says. “We’re looking at a period of extreme weakness. This is all because of the repeated failures on the part of politicians to shore up confidence in the single currency area.”

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Kansas robber recognizes victim from prison, gives wallet back

KANSAS CITY, Kansas (Reuters) – A Kansas robber who helped seize a man’s cell phone and wallet at gunpoint recognized the victim as an ex-convict he had served time with and gave the possessions back, police said on Thursday.

A Wichita, Kansas man reported that two young men approached him on the street late on Wednesday, one of them brandishing a large semi-automatic handgun, Wichita police Sergeant Joe Schroeder said.

The gunman demanded the victim’s phone and took his wallet while the second man searched his pockets, Schroeder said.

“Then, he (the second man) realized he spent some time in prison with him. He apologized, shook hands and walked away,” Schroeder said.

Although the victim went to police and said he knew one of the robbers in prison, the man said he did not think he could identify them in a suspect line-up, Schroeder said.

(Editing by Greg McCune and Eric Walsh)

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Larry Clark film wins top prize at Rome fest

ROME (AP) — A film by “Kids” director Larry Clark set in a small Texan town and to be released online only has taken the top award at Rome’s film festival.

“Marfa Girl” explores the inner life of a teenage boy and other characters in a town near the Mexican border and bustling with border patrol police.

The festival jury gave it the Golden Marcus Aurelius prize for best film on Saturday night.

Clark, whose other credits include “Bully” and “Ken Park,” says the new film won’t be distributed in theaters but will be available online later this month to get around the Hollywood system.

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Golf-Obsession drove Aussie Batibasaga to mental institution

MELBOURNE, Nov 18 (Reuters) – The desire to improve can drive professional athletes to distraction, but for Australian golfer Rika Batibasaga it became a dangerous obsession that saw him handcuffed and thrown into a Florida mental institution.

In 2008, Batibasaga, whose father played international rugby for Fiji, was a 21-year-old living in Florida and grafting on the Nationwide Tour when his world spectacularly imploded.

“I was living away from home for the first time and it all got too much for me,” Batibasaga told Reuters at the Australian Masters in Melbourne on Sunday.

“I had a psychotic episode – it’s called psychosis. I lost the plot because of a lack of sleep – just due to stress.

“And I couldn’t control it and basically just flipped it out.”

Like hundreds of other young talents drawn to the United States to chase their dreams, Batibasaga felt hard work would prove the difference after he carried countryman and former house-mate Jason Day’s bag at a local tournament.

Feeling his game was not far off the professionals in that tournament, Batibasaga threw himself into a punishing training regime of 10-hour days hitting hundreds of balls, followed by running and gym sessions.

“It was stupid. It became an obsession. I felt I needed to push it a lot harder because I was almost there,” he recalled.

“But my brain just wouldn’t turn off and I would just get so frustrated and angry.

“When I went two or three days without sleep, I panicked and that it made it even worse. It just sort of snowballed.”

Into his sixth consecutive day without sleep, Batibasaga snapped.

Wearing just a pair of underwear, he jumped into a car belonging to the owner of the Orlando house he was living in and crashed it in the garage.

He jumped into another car, this one his house mate’s, and was arrested by police in front of Universal Studios.

“They both had their guns out. I guess it’s just America and they love pulling a gun on someone,” Batibasaga, an affable 25-year-old with a wispy beard, laughed.

“I was just driving around, I had no idea where I was going. I was in no state to drive.

“They put me in an ambulance, they obviously thought I was on drugs. They knocked me out at the hospital and I woke up feeling fine.”

With no phone or identification cards, Batibasaga was taken to a mental hospital where he spent “probably the scariest two days” of his life before being checked out.

The same problems came back to haunt him later, though, and he returned home for further treatment and a course of prescription drugs at a Brisbane hospital where he was diagnosed with bipolar disorder.

Batibasaga, who made the cut in his debut Australian Masters, has not suffered any further mental illness, and has learnt to take a more measured approach to success and failure.

He continues to grind on the minor tours but has shown signs of his promise, winning A$ 18,459 ($ 19,000) at the European Tour co-sanctioned Perth International last month for finishing joint 25th.

Batibasaga still has the green uniform from the Lakeside mental institution in Florida as a souvenir and wore it out to a New Year’s Eve party.

He says dozens of young golfers struggling to make the step up to the A-grade suffer from anxiety and depression that borders and often crosses over into mental illness.

“It’s rife. Because you’re always by yourself and if you’re not playing well, you go back to your hotel alone,” he said.

“When things aren’t going well, that’s when it’s tough.” ($ 1 = 0.9702 Australian dollars) (Editing by Nick Mulvenney)

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World stocks flat on Europe, US woes; Japan gains

BANGKOK (AP) — Trading on world stock markets was lethargic Friday after data showed Europe slipped back into recession and several big U.S. retailers disappointed investors with weak forecasts.

The European Union’s statistics agency said Thursday that the combined economy of the 17 countries that use the euro contracted 0.1 percent in the third quarter from the previous quarter. Surveys pointing to difficult conditions ahead suggest the recession could deepen.

“Although unsurprising, data in Europe confirmed that the region fell back into recession, an outcome that will do little to ease tensions,” analysts at Credit Agricole CIB in Hong Kong said in an email commentary.

European stocks were flat in early trading. Britain’s FTSE 100 fell 0.1 percent to 5,672.68. Germany‘s DAX was almost unchanged at 7,044.06. France‘s CAC-40 inched up less than 0.1 percent to 3,385.29.

Wall Street also flat-lined ahead of the open. Dow Jones industrial futures were almost unchanged at 12,524. S&P 500 futures inched up marginally to 1,352.10.

Trading in Asia was slightly more energetic. Hong Kong’s Hang Seng rose 0.2 percent to 21,159.01. South Korea‘s Kospi fell 0.5 percent to 1,860.83. Australia‘s S&P/ASX 200 lost 0.3 percent to 4,336.80.

Benchmarks in Taiwan, New Zealand and mainland China fell. The Shanghai Composite Index lost 0.8 percent to 2,014.72 and the Shenzhen Composite Index fell 0.7 percent to 800.20. Benchmarks in Singapore, Thailand and the Philippines rose.

Japan‘s Nikkei 225 stock index jumped 2.2 percent to close at 9,024.16, rallying for a second straight day on expectations that the opposition Liberal Democratic Party may win elections next month and pursue more aggressive stimulus policies than the current leadership.

LDP leader Shinzo Abe has said he is determined to push for such policies and to find ways to weaken the yen, whose strength against other currencies has hammered exporters.

Stan Shamu, strategist at IG Markets in Melbourne, said Abe wants an inflation target of between 2 and 3 percent as a way to cheapen the Japanese currency, perhaps by printing yen or bulking up on purchases of assets like Japanese government bonds. Still, the target might be difficult to achieve, given the economy’s weakness, he said.

“With such a big export economy, the yen has massive significance on how the local economy performs,” Shamu said.

Japan’s exporters, whose fortunes are linked to the yen’s valuation, were buoyed by the prospect of a changing of the guard. Mazda Motor Corp. soared 7.1 percent. Nissan Motor Co. jumped 5.1 percent. Nikon Corp. surged 7.2 percent and Canon Inc. gained 5.8 percent.

In Australia, Whitehaven Coal fell 1.8 percent after announcing it would scale back some operations due to the decline in global coal prices.

In the U.S., investors were dealt dual blows Thursday: worse-than-expected revenue from global retailing giant Wal-Mart and data showing that manufacturing weakened in the Philadelphia and New York regions, reflecting damage from Superstorm Sandy.

Wal-Mart, Ross Stores and Limited Brands, the owner of Victoria’s Secret, also disappointed investors by issuing profit forecasts that fell short of expectations.

Benchmark oil for December delivery was up 13 cents to $ 85.58 in electronic trading on the New York Mercantile Exchange. The contract fell 87 cents to close at $ 85.45 a barrel in New York on Thursday.

In currencies, the dollar weakened to 80.98 yen from 81.21 yen late Thursday in New York. The euro fell to $ 1.2748 from $ 1.2773.

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Follow Pamela Sampson on Twitter at http://twitter.com/pamelasampson

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“Gangnam Style” song channels New Yorkers’ power woes

NEW YORK (Reuters) – Move over Psy. The next hot thing – at least on Long Island, New York – is a music video parodying the South Korean rapper and dancer’s blockbuster hit, “Gangnam Style.”

While the locally produced “LIPA Style” may not attract millions of YouTube views, it’s channeling the frustration of thousands of disgruntled New Yorkers, many of whom went weeks without power after Sandy slammed the East Coast last month.

“There’s been this outpouring of thanks,” said John “Online” Mingione, a correspondent for a Long Island radio station, who created the video after going more than week without power.

After watching the video, people “are saying this is the first time they’ve been able to smile in weeks,” said Mingione.

The response to the cleanup by the Long Island Power Authority (LIPA) has resulted in lawsuits and investigations. The chief operating officer of the state-owned utility also quit under fire for the company’s slow response in restoring power.

Mingione, 23, did not initially mind going without power at his Long Island home. But after five days, the food and friends were gone, and he started to get lonely and bored. A colleague came up with the idea for the song, which was inspired by thousands of complaints the station – WBLI/106.1 FM – received from listeners.

In less than a week, the video with its lyrics about life without power, pleas for help from LIPA and absurd dance moves performed by Mingione and two co-workers in faux LIPA uniforms with a local 5-year-old has been viewed more than 250,000 times on YouTube.

Mingione’s favorite line: “I’m running out of formula, my baby won’t stop crying” which included footage with a co-worker’s infant son.

“I know they’re working their hardest,” he said. “It’s not the linemen’s fault, but at this point it’s ridiculous that people are still without power.”

(Reporting by Jilian Mincer; Editing by Paul Thomasch and Jackie Frank)

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Card firm fined for pushy sales

15 November 2012 Last updated at 04:03 ET

Card protection company CPP faces a bill of £33.4m after being censured by the City watchdog for mis-selling insurance products.

The bill includes a fine of £10.5m from the Financial Services Authority – the joint largest for a retail group – and £14.5m in compensation to customers.

The York-based group sold products that aimed to protect people against identity theft.

The FSA said sales agents were encouraged to be “overly persistent”.

“This exposed a very large number of customers to the unacceptable risk of buying products they did not want or need,” said Tracey McDermott, of the FSA.

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