Obama administration overrules Apple import ban

FILE - In this May 27, 2011, file photo, a salesperson at a mobile phone shop displays an Apple iPhone 4 to a customer in New Delhi. U.S. President Obama?s trade representative on Saturday, Aug. 3, 2013, vetoed a ban on imports of the iPhone 4 and some variations of the iPad 2, reversing a ruling in favor of rival South Korean electronics company Samsung. (AP Photo/Manish Swarup, File)

FILE - In this May 27, 2011, file photo, a salesperson at a mobile phone shop displays an Apple iPhone 4 to a customer in New Delhi. U.S. President Obama?s trade representative on Saturday, Aug. 3, 2013, vetoed a ban on imports of the iPhone 4 and some variations of the iPad 2, reversing a ruling in favor of rival South Korean electronics company Samsung. (AP Photo/Manish Swarup, File)

President Obama's trade representative on Saturday vetoed a ban on imports of some Apple iPads and older iPhones, dealing a setback to rival South Korean electronics company Samsung.

U.S. Trade Representative Michael Froman overruled a June decision by the U.S. International Trade Commission, which had banned imports of the iPhone 4 and some variations of the iPad 2. The commission ruled that the Chinese-made Apple devices violated a patent held by Samsung and couldn't be imported. The ban never went into effect, though, because the Obama administration had 60 days to decide if it would uphold the commission.

Obama is against import bans on the basis of the type of patent at issue in the Samsung case. The White House has recommended that Congress limit the ITC's ability to impose import bans in these cases.

Samsung and Apple are in a global legal battle over smartphones. Apple argues Samsung's Android phones copy vital iPhone features. Samsung is fighting back with its own complaints.

In an email, Apple spokeswoman Kristin Huguet said the company applauded the administration "for standing up for innovation." A message seeking comment from Samsung was not returned.

Froman wrote in a letter to the commission that he has concerns about patent holders getting too much leverage over competitors that use their technology under licenses.

Companies license patented technology to competitors so the devices can communicate as part of an industry standard for cellphones. Under the "standards-essential patent" legal theory prevailing in federal courts, holders of such patents are obligated to license them to all comers on "fair, reasonable and non-discriminatory" terms.

U.S. courts have ruled that such patents cannot be the basis for import bans. The International Trade Commission follows a different standard than the courts, but the Obama administration wants it to adhere to the same principles.

Froman wrote that he shares the Obama administration's concerns that the holders of standards-essential patents could get "undue leverage" over their competitors.

Last year, a federal court ruled that Samsung owed Apple $1 billion in damages for infringing on non-essential Apple patents. But the judge refused to impose an import ban on Samsung phones and later struck $450 million from the verdict, saying the jurors miscalculated. The case is set for a rematch in appeals court.

Samsung is the world's largest maker of smartphones. Analysts estimate it outsold Apple nearly 2 to 1 in the first three months of the year. However, Apple's smartphone business is more profitable

The iPhone 4 was launched in 2010 and is the oldest iPhone still sold by Apple. The ITC ruling applied only to the AT&T version of the phone. Apple is likely to retire the model.

Apple launched the iPad 2 in 2011. The ruling applies only to the version equipped with a cellular modem for AT&T's network.

The ruling also applies to older iPhones, though these are no longer sold by Apple.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2013-08-03-Samsung-Apple-Import%20Ban/id-f00a1412de4a45d1a9c1445f3e541ca4

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What others say: Late-term abortion ban is a worthy GOP goal

Sen. Larry Taylor, R-Friendswood, speaks as Texas Senate debates abortion bill HB2, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Eric Gay, AP

Enlarge photo?

In a poll done by Gallup earlier this year, the biggest complaint lodged against the Republican Party was "inability to compromise."

When I read the daily headlines, I see this theme continue. Republicans, particularly tea party Republicans, are portrayed as obstructionist, extreme, unreasonable and unwilling to compromise.

But let's get perspective.

If we are talking about trying to decide what day of the week to collect garbage, and one wants Mondays and one wants Fridays, the side that refuses to compromise on Wednesdays might be considered unreasonable.

But this isn't the kind of national discussion we are having today.

Some things are simply true and some things false. Some things are simply right and some wrong.

This kind of discussion does not lend to splitting things down the middle.

Few today would look back on the horrible national dispute about slavery and claim that the problem was inability to compromise.

As Abraham Lincoln put it so clearly in his second inaugural address, delivered while the Civil War still raged: "Both (sides) read the same Bible and pray to the same God, and each invokes His aid against the other."

Sometimes, worldviews clash and resolution can come only from drawing the line in the sand and one view prevailing over the other.

Today we are having a battle for the soul of our nation. A number of key areas of our national debate are about principle, about right and wrong, and do not lend themselves to compromise. This is about which worldview will prevail.

One of these issues is most certainly abortion.

The trial of abortion doctor Kermit Gosnell, now a convicted murderer, delivered a wakeup call. It did for our national consciousness what ultrasound images provoke in a pregnant woman. Graphic pictures of a live child in the womb purge any sense that it is possible to be casual about abortion.

Unfortunately, the abortion issue - and, specifically, the question about when life begins - is often left to dry and abstract argument.

But in the case of late-term abortion, as with ultrasound pictures, the truth is graphically clear. We're talking about destruction of a live, feeling human being. The Gosnell trial showed the nation that in American today, we have abortion factories where live children are being killed.

The fact that a child of 21 weeks may still be in the womb does not make that child any less alive.

But clear as this may be to some, it is not clear to all - just as in 1860 it was not clear to all that this nation could not tolerate slavery.

The current fight to ban late-term abortion - at 20 weeks, or five months, after conception - is by and large a partisan battle of Republicans against Democrats.

The Republican House has passed legislation to ban abortion after 20 weeks, with qualifications for the life and health of the mother. Now this critical issue must be put to a vote in the Democrat-controlled Senate.

Senate Majority Leader Harry Reid has called this a "fringe" issue. Murder a fringe issue? Can there be any doubt that we are dealing with a clash in worldviews?

Republicans must carry this bill aggressively into the Senate. Pressure must be put especially on Senate Democrats up for re-election in states that lean pro-life, such as Mary Landrieu from Louisiana, Mark Pryor from Arkansas and Kay Hagan from North Carolina.

Perhaps this is a good time to recall George Washington's words "that virtue or morality is a necessary spring of popular government."

No, this is not a time for compromise. The nation is confused, far adrift from its moral moorings. Republicans must grab the reins aggressively and provide, without compromise, the moral leadership needed so badly.

Star Parker is an author and president of CURE, Coalition on Urban Renewal and Education. Contact her at www.urbancure.org.

Source: http://www.deseretnews.com/article/865584007/What-others-say--Late-term-abortion-ban-is-a-worthy-GOP-goal.html

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Understanding the Repercussions of Florida's No-Fault Auto ...

July 31, 2013 /24-7PressRelease/ ? The Florida legislature recently made changes to the state?s no-fault auto insurance laws that took affect this past January. The changes are significant and increase limitations on insurance coverage.

In the state of Florida, every driver purchasing auto insurance must purchase a minimum of $10,000 in Personal Injury Protection, or PIP, protection. This protection essentially pays for expenses like medical bills and lost wages, to an individual injured in an auto accident, regardless of fault.

However, amid the legislature?s actions, PIP coverage and other areas of Florida?s no-fault auto law today are much more restrictive.

Benefits contingent on 14-day treatment timeframe

One new change involves a 14 day contingency on payment of PIP medical expenses.

Before January of this year, anyone injured in a car accident in the state of Florida could receive the PIP benefits as stipulated under his or her insurance policy.

However, as of January 1, 2013, anyone injured in a car accident in the state of Florida is entitled to these PIP benefits only if they have sought treatment for the injuries sustained within 14 days of the accident.

If they fail to seek treatment during this time frame, all expenses under PIP must be paid out of pocket.

Emergency medical condition diagnosis

Another change to Florida?s no-fault insurance laws includes the ?emergency medical condition? requirement.

This essentially means that before anyone injured in an auto accident can collect the full $10,000 in allowable PIP benefits, he or she must first be diagnosed with an ?emergency medical condition? by a licensed medical professional. If that person is not, he or she is only entitled to $2500 in PIP benefits.

An emergency medical condition is essentially a condition that requires immediate medical attention due to the seriousness of the condition or injury.

Prohibition against message therapy, acupuncture benefits

Another change to the law includes a prohibition on benefits for message or acupuncture treatments.

Individuals injured in an auto accident after January 2013 must now pay for these expenses out of pocket, even if prescribed by a physician or chiropractor.

Ramifications

Opponents of the changes argue that there?s a long list of problems with these new restrictions on auto insurance coverage for policyholders in Florida. One Judicial Circuit Court judge stated that the new limitations on the Florida no-fault auto insurance system is an inadequate alternative to the tort system and issued an injunction to stop the law from being implemented. On appeal, however, a stay was granted and the law went back into effect.

Since the changes are seemingly here to stay, seeking the help of an accident attorney as soon as possible after the auto accident today is more vital than ever.

A lawyer knowledgeable in the specifics of the changes and other intricate areas of Florida?s no-fault auto law can make sure rights are protected and seek the maximum amount of benefits available under the law.

As seen on 24-7 Press Release

Source: http://www.injurysolutions.com/news/understanding-the-repercussions-of-floridas-no-fault-auto-insurance-law-changes/

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Trans Americans Twice As Likely to Serve in Military, Study Reveals

While transgender people are twice as likely to serve in the military as is the general population, they still face discrimination during their service and after they separate, according to the largest study to date surveying trans and gender non-conforming people.

Transgender Americans are twice as likely as their cisgender (non-trans) peers to serve in the Armed Forces, according to a study's findings released today by the Williams Institute at the University of California Los Angeles' School of Law. Twenty percent of trans people surveyed have served in the military, compared with just 10% of cisgender people. Nearly 30% of trans women reported serving in the military, while nine percent of all trans veterans surveyed said they were discharged for reasons relating to their gender identity.

"Despite the repeal of 'Don't Ask, Don't Tell,' this study highlights the ongoing discrimination faced by transgender people who serve in the military," said lead researcher Jody L. Herman in a statement.?

While the 2011 repeal of DADT removed the congressional block to open service by gay, lesbian, and bisexual soldiers, it had no impact on the service of transgender Americans, who are prohibited from serving openly by a set of military regulations that declare any condition or treatment relating to gender dysphoria a disqualifying mental illness.

The study also revealed that trans and gender non-conforming veterans were more likely than their cisgender peers to have lost a job, due to anti-transgender bias, with 36% reporting they were fired because of their gender identity, and 53% reporting they were not hired by a prospective employer because of their trans status.?

The National Transgender Discrimination Survey was conducted by the National Center for Transgender Equality and the National Gay and Lesbian Task Force, and over a six-month period in 2008, interviewed almost 6,500 trans and gender non-conforming people in the United States ? the largest study to date featuring people who identify as a gender different than that which they were assigned at birth.

Read the full report here.?

Source: http://feedproxy.google.com/~r/AdvocatecomDailyNews/~3/rSQxgVludKc/trans-americans-twice-likely-serve-military-study-reveals

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Google Catalogs for Android and iOS to be mothballed on August 15th

If window shopping through Google Catalogs is your go-to lunch break pastime, you might want to sit down. Mountain View has proclaimed that the service's Android and iOS apps will no longer be supported when August 15th rolls around. Not all is lost, however, as the search giant will keep the digital product tomes alive online. Although Google Catalogs is meeting its end much like Google Reader did, something tells us we won't see replacements for this particular platform cropping up left and right.

Filed under: Software, Mobile, Google

Comments

Source: Android Police

Source: http://www.engadget.com/2013/07/31/google-catalogs-apps-discontinued/?utm_medium=feed&utm_source=Feed_Classic&utm_campaign=Engadget

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Libya PM to reshuffle cabinet amid wave of attacks | Morocco World ...

by Imed Lamloum

TRIPOLI, July 29, 2013 (AFP)

Libya?s premier said Monday he would restore a feared Kadhafi-era security agency and reshuffle the cabinet to help resolve a political crisis and end a wave of violence.

Ali Zeidan said he would reactivate the Internal Security Agency which helped keep the former dictator in power for decades to try to stem a spate of bombings and assassinations, particularly in the east of the country.

?I understand the population?s opposition to this agency that was used by the former regime to repress the people,? he said.

?But without an efficient intelligence body, we cannot stop the attacks,? he said the day after two explosions outside the courthouse in second city Benghazi wounded 43 people, according to the latest health ministry toll.

Zeidan told a news conference in Tripoli that a new defence minister had been chosen and that by Wednesday a new list of ministers would be presented to the country?s highest political authority, the General National Congress.

Libya has not had a defence minister since the removal of Mohammed al-Barghathi from the post in late June.

Zeidan did not name any of the candidates or other portfolios that will be affected by the reshuffle.

But he did say that ?a personality? had been chosen for the defence post.

Meanwhile, the GNC announced on Facebook that it had appointed a new chief of staff on Monday.

Abdessalem Jadallah al-Salihin, who had been an officer in Kadhafi?s special forces but joined the uprising against him in 2011, was named to the post.

In his speech, Zeidan also said specialised teams from Britain and Interpol were expected in Libya soon to help investigate the violence in Benghazi.

On Monday, a car bomb exploded in central Benghazi, a security spokesman told AFP, adding that it had been an attempt to kill a senior naval officer.

?The explosion was caused by a device attached to the car,? Mohamed Hijazi said after reports of a white pickup truck exploding in the city centre and bursting into flames.

?It was an attempted assassination,? Hijazi said, adding that the officer was wounded in the blast.

Clashes between the Libyan army and an armed group near the central town of Sirte killed two people and wounded four others, the news agency LANA reported, without giving further details.

The fighting lasted several hours, LANA said.

EU foreign policy chief Catherine Ashton on Monday expressed concern about the violence.

?Those responsible for violence against the Libyan people, be it shootings or bombings, must be brought to justice to answer for their crimes,? a statement from her office said.

Zeidan said on Friday a ministerial reshuffle would cut the number of cabinet members to create ?greater efficiency?.

He accused the General National Congress of shackling his efforts and stressed: ?I?m an independent. I am not supported by any one party.?

On Saturday and Sunday the offices of political parties in the capital and in Benghazi were vandalised.

Parties targeted included the Muslim Brotherhood?s political wing the Party of Justice and Construction (PJC) and its liberal rival the Alliance of National Forces (NFA).

Amid a spate of incidents in Benghazi, nearly 1,300 inmates escaped during a riot on Saturday in the city?s Al-Kuifiya prison, a security official said. On Friday night, hundreds of protesters took to the streets of Benghazi to condemn the assassination earlier that day of Abdessalem al-Mesmari, an anti-Islamist lawyer who campaigned for a civil state.

Many Libyans blame political rivalries for the problems plaguing a country awash with militias and weaponry left over from the 2011 revolution that toppled Moamer Kadhafi.

?It was a mistake to allow political parties to operate before a constitution was adopted and a law regulating parties was drawn up,? Zeidan admitted on Monday.

?The party with the greatest interest in seeing the country sink into violence and instability is undoubtedly the former regime,? commentator Mohamed Belkheir said.

?Supporters of the former regime have money and are well embedded in the cogs of the state machinery,? he said.

Ashton, who was in Egypt on Monday for talks as Libya?s eastern neighbour was rocked by violence after a July 3 coup, urged Libyans to rally behind Zeidan.

She called on Libyans ?led by the democratically elected government of Mr Zeidan, to ensure the security and stability of the country in the face of those groups who try to undermine the Libyan transition,? her statement said.

?She also encourages the Libyan authorities to proceed as quickly as possible with the process of drafting and adopting a new constitution.?

Source: http://www.moroccoworldnews.com/2013/07/99357/libya-pm-to-reshuffle-cabinet-amid-wave-of-attacks/

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Bride, best man missing in boat crash on Hudson River; one body found

A boat carrying members of a wedding party struck a barge in the Hudson River Friday night. The boat's operator was charged with first-degree vehicular manslaughter Saturday. NBC's Lester Holt reports.

By Tracy Jarrett, Writer, NBC News

One body has been found in the water after a bride-to-be and a best man went missing when a boat crashed into a barge on the Hudson River on Friday night, officials said, and the boat?s operator has been arrested.

Four other people remained in the hospital Saturday while investigators continued their search, NBC New York reported. The search was suspended at 5 pm local time on Saturday and was set to continue on Sunday morning.

JoJo K. John, 35, has been arrested and will be arraigned in an area hospital on counts including vehicular manslaughter in the first degree, according to Rockland County Undersheriff Robert Van Cura.

A woman's body was discovered adrift and without a life jacket not far south of the bridge, Van Cura said at a press conference on Saturday.?Police will continue searching for a second missing body. The body has not been identified, officials said.

The Coast Guard said six people?were on a 21-foot Stingray near Piermont, N.Y., when it hit the barge at around 10:40 p.m. local time on Friday evening in the vicinity of the Tappan Zee Bridge.

---

The accident happened shortly after the boat left Piermont for a short trip across the river to Tarrytown, Rockland County Sheriff's Department Chief William Barbera said at a news conference on Saturday morning, according to the Associated Press.

"While the Rockland County Sheriff, N.Y. State Police and U.S. Coast Guard continue to investigate this tragic incident, the New York State Thruway Authority is conducting its own review of safety procedures on the Hudson River as part of the New NY Bridge Project,? said Brian Conybeare, special advisor to the governor, in a statement.

The missing woman, identified by family members as Lindsey Stewart, 30, was to get married on Aug. 10, and the man, identified as Mark Lennon, was supposed to be the best man in the wedding, relatives told NBC New York.

?Our thoughts and prayers are with the victims and their families during this difficult time," Conybeare added.

Groom-to-be?Brian Bond, 36, is among the four injured passengers, who were described as suffering severe injuries, including head trauma and broken bones. Bond is in ?fair? condition at Westchester Medical Center, according to spokesman David Billing.?

Some of those?injured are awake and providing information to investigators. Bond, however, is currently unable to speak due to his injuries, Walter Kosik, the bride?s stepfather told NBC New York.

Police said that while it would have been dark in the area at the time of the crash, the barge was lit up.

"At this point, Tappan Zee Constructors, LLC, has reported to the Thruway Authority that all Coast Guard lighting requirements were met and that the barges were properly lit Friday night. All lighting was checked Saturday morning and is fully operational at all barge locations associated with the project,? Conybeare said in the statement.

Related:

This story was originally published on Sat Jul 27, 2013 3:53 PM EDT

Source: http://feeds.nbcnews.com/c/35002/f/663306/s/2f3c6c58/sc/3/l/0Lusnews0Bnbcnews0N0C0Inews0C20A130C0A70C270C19715160A0Ebride0Ebest0Eman0Emissing0Ein0Eboat0Ecrash0Eon0Ehudson0Eriver0Eone0Ebody0Efound0Dlite/story01.htm

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