In Islamist Bastion, Support Ebbs for Egypt’s Brotherhood

Tara Todras-Whitehill for The New York Times

A school with old posters of Mohamed Morsi, now the president, in Al Talbeya, a neighborhood in Giza, where disaffection with the government is growing. More Photos »

AL TALBEYA, Egypt — Mohamed Salamah used to vote with the Muslim Brotherhood. But in Saturday’s referendum on the Islamist-backed constitution, Mr. Salamah says he is voting against it, mainly because he no longer trusts the movement.

“They aren’t even doing anything very Islamic,” said Mr. Salamah, a 24-year-old waiter in a cafe in Al Talbeya, a working-class neighborhood in Giza across the Nile from Cairo that was an Islamist stronghold in previous votes. “They are just doing things that aren’t very competent.”

Throughout the neighborhood, both loyal supporters and critics of the Brotherhood described a deep erosion in the group’s street-level support. That was evident, they said, even before the low turnout and narrow margin in last weekend’s first round of voting on what residents here call “the Brotherhood constitution.”

The results so far appear to have surprised leaders of the Brotherhood and their opposition. And even if the draft constitution is approved, as expected, on Saturday in the second half of the vote, the new questions about the charter’s popularity and the Brotherhood’s mandate could prolong Egypt’s political turbulence and, as a result, defer badly needed economic reforms as well.

Residents here and around Cairo say the damage to the Brotherhood’s popularity is unrelated to its religious ideology. It reflects a consistent trio of complaints: confusing economic policies of the Brotherhood-led government, a near-monopoly on power and civilian supporters’ use of force against opponents in a street battle two weeks ago. Even so, many say the Brotherhood remains the most potent political force, in part because of the incoherence of the opposition, which has often focused on accusing the Brotherhood of imposing religious rule.

But for now economists say the battle for power is jeopardizing progress on the bread-and-butter issues that are paramount across the ideological spectrum. “What the economy needs are decisions that are politically courageous and credible, and no government can do that now,” said Ragui Assaad, an economist at the University of Minnesota with an office in Cairo.

A critical loan of more than $4 billion from the International Monetary Fund, expected to be signed this month, has been delayed until the political situation settles. The Egyptian pound is slipping against the dollar. And the most obvious step to improve the growth and fairness of the economy requires a government with credibility and political skill. Attempts at overhauling Egypt’s vast subsidies to energy prices have in the past set off riots.

“What we have now is a government that lacks legitimacy but also economic competence,” Mr. Assaad said. “I don’t see anything better coming out of this government.”

Brotherhood leaders have acknowledged the emergence of hostility against them. Mobs attacked more than three dozen Brotherhood offices, including its headquarters, in the prelude to the first round of voting on the constitution. “I am telling everyone, do not hate the Muslim Brotherhood so much that you forget Egypt’s best interest,” said Mohamed Badie, the group’s spiritual leader. “You can be angry at us and hate us as much as you want; we cannot control affection. But I say to you, be rational. Protect Egypt. Its unity cannot survive what is happening.”

For many in Al Talbeya, the defining moment of the prelude to the referendum was the night of Dec. 5, when the Brotherhood called its supporters to defend President Mohamed Morsi against protesters outside his office. Ten died in the fight. And although the Brotherhood has claimed all those killed were its members, seemingly everyone in Al Talbeya still blamed the group for the violence.

“People don’t like the Muslim Brotherhood as much as they used to, because they saw how they tried to control everything and how they beat people up,” said Emad Mohamed Yosri, 37, a tailor who still counts himself a supporter of the group.

Omar Ateh, 30, a shopkeeper and Islamist, said he was trying to defend the Brotherhood. “We are trying to make people understand, they are not from another planet,” he said, “they just like politics more than we do.”

But Ahmed Ragab, 14, interjected, “If they are such good people, why are they beating people up in the streets?”

Mayy El Sheikh contributed reporting from Cairo.

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Red Hat shares up on acquisition and 3Q results

Red Hat Inc.‘s shares jumped Friday on the software company‘s solid third-quarter results and plans to acquire cloud-based software company ManageIQ.

THE SPARK: Red Hat said late Thursday that it would buy privately held ManageIQ for $ 104 million in cash.

The Raleigh, N.C., company also reported that it earned 29 cents per share for its fiscal third quarter on an adjusted basis, up a penny from the prior year and in line with analyst expectations. Its revenue for the period increased 18 percent to $ 343.6 million, which beats the $ 338 million that analysts polled by FactSet had forecast.

THE BIG PICTURE: ManageIQ’s software helps businesses deploy and manage private clouds. Red Hat said the deal will expand the reach of its public-private cloud setups for its customers. The acquisition is expected to have no material impact to Red Hat’s revenue for its fiscal year ending in February.

THE ANALYSIS: Stifel Nicolaus analyst Brad R. Reback said that the company has been able to maintain momentum even in a difficult environment and he thinks the latest deal offers an interesting longer-term angle for its business. He thinks the company is well positioned to generate at least 15 to 20 percent billings growth in the future. He reiterated a “Buy” rating and a $ 65 price target on its shares.

SHARE ACTION: Shares gained $ 2.25, or more than 4 percent, to $ 54.86 in afternoon trading. Shares have traded between $ 39.19 and $ 62.75 in the past 52 weeks.

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Douglas wins AP female athlete of the year honors

When Gabby Douglas allowed herself to dream of being the Olympic champion, she imagined having a nice little dinner with family and friends to celebrate. Maybe she'd make an appearance here and there.

"I didn't think it was going to be crazy," Douglas said, laughing. "I love it. But I realized my perspective was going to have to change."

Just a bit.

The teenager has become a worldwide star since winning the Olympic all-around title in London, the first African-American gymnast to claim gymnastics' biggest prize. And now she has earned another honor. Douglas was selected The Associated Press' female athlete of the year, edging out swimmer Missy Franklin in a vote by U.S. editors and news directors that was announced Friday.

"I didn't realize how much of an impact I made," said Douglas, who turns 17 on Dec. 31. "My mom and everyone said, 'You really won't know the full impact until you're 30 or 40 years old.' But it's starting to sink in."

In a year filled with standout performances by female athletes, those of the pint-sized gymnast shined brightest. Douglas received 48 of 157 votes, seven more than Franklin, who won four gold medals and a bronze in London. Serena Williams, who won Wimbledon and the U.S. Open two years after her career was nearly derailed by a series of health problems, was third (24).

Britney Griner, who led Baylor to a 40-0 record and the NCAA title, and skier Lindsey Vonn each got 18 votes. Sprinter Allyson Felix, who won three gold medals in London, and Carli Lloyd, who scored both U.S. goals in the Americans' 2-1 victory over Japan in the gold-medal game, also received votes.

"One of the few years the women's (Athlete of the Year) choices are more compelling than the men's," said Julie Jag, sports editor of the Santa Cruz Sentinel.

Douglas is the fourth gymnast to win one of the AP's annual awards, which began in 1931, and first since Mary Lou Retton in 1984. She also finished 15th in voting for the AP sports story of the year.

Douglas wasn't even in the conversation for the Olympic title at the beginning of the year. That all changed in March when she upstaged reigning world champion and teammate Jordyn Wieber at the American Cup in New York, showing off a new vault, an ungraded uneven bars routine and a dazzling personality that would be a hit on Broadway and Madison Avenue.

She finished a close second to Wieber at the U.S. championships, then beat her two weeks later at the Olympic trials. With each competition, her confidence grew. So did that smile.

By the time the Americans got to London, Douglas had emerged as the most consistent gymnast on what was arguably the best team the U.S. has ever had.

She posted the team's highest score on all but one event in qualifying. She was the only gymnast to compete in all four events during team finals, when the Americans beat the Russians in a rout for their second Olympic title, and first since 1996. Two nights later, Douglas claimed the grandest prize of all, joining Retton, Carly Patterson and Nastia Liukin as what Bela Karolyi likes to call the "Queen of Gymnastics."

But while plenty of other athletes won gold medals in London, none captivated the public quite like Gabby.

Fans ask for hugs in addition to photographs and autographs, and people have left restaurants and cars upon spotting her. She made Barbara Walters' list of "10 Most Fascinating People," and Forbes recently named her one of its "30 Under 30." She has deals with Nike, Kellogg Co. and AT&T, and agent Sheryl Shade said Douglas has drawn interest from companies that don't traditionally partner with Olympians or athletes.

"She touched so many people of all generations, all diversities," Shade said. "It's her smile, it's her youth, it's her excitement for life. ... She transcends sport."

Douglas' story is both heartwarming and inspiring, its message applicable those young or old, male or female, active or couch potato. She was just 14 when she convinced her mother to let her leave their Virginia Beach, Va., home and move to West Des Moines, Iowa, to train with Liang Chow, Shawn Johnson's coach. Though her host parents, Travis and Missy Parton, treated Douglas as if she was their fifth daughter, Douglas was so homesick she considered quitting gymnastics.

She's also been open about her family's financial struggles, hoping she can be a role model for lower income children.

"I want people to think, 'Gabby can do it, I can do it,'" Douglas said. "Set that bar. If you're going through struggles or injuries, don't let it stop you from what you want to accomplish."

The grace she showed under pressure — both on and off the floor — added to her appeal. When some fans criticized the way she wore her hair during the Olympics, Douglas simply laughed it off.

"They can say whatever they want. We all have a voice," she said. "I'm not going to focus on it. I'm not really going to focus on the negative."

Besides, she's having far too much fun.

Her autobiography, "Grace, Gold and Glory," is No. 4 on the New York Times' young adult list. She, Wieber and Fierce Five teammates Aly Raisman and McKayla Maroney recently wrapped up a 40-city gymnastics tour. She met President Barack Obama last month with the rest of the Fierce Five, and left the White House with a souvenir.

"We got a sugar cookie that they were making for the holidays," Douglas said. "I took a picture of it."

Though her busy schedule hasn't left time to train, Douglas insists she still intends to compete through the Rio de Janeiro Olympics in 2016.

No female Olympic champion has gone on to compete at the next Summer Games since Nadia Comaneci. But Douglas is still a relative newcomer to the elite scene — she'd done all of four international events before the Olympics — and Chow has said she hasn't come close to reaching her full potential. She keeps up with Chow through email and text messages, and plans to return to Iowa after her schedule clears up in the spring.

Of course, plenty of other athletes have said similar things and never made it back to the gym. But Douglas is determined, and she gets giddy just talking about getting a new floor routine.

"I think there's even higher bars to set," she said.

Because while being an Olympic champion may have changed her life, it hasn't changed her.

"I may be meeting cool celebrities and I'm getting amazing opportunities," she said. "But I'm still the same Gabby."

___

AP Projects Editor Brooke Lansdale contributed to this report.

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Alabama to End Isolation of Inmates With H.I.V.

Jamie Martin/Associated Press

The H.I.V. ward of an Alabama women's prison in 2008. The state was ordered to stop segregating inmates with the virus.

A federal judge on Friday ordered Alabama to stop isolating prisoners with H.I.V.

Alabama is one of two states, along with South Carolina, where H.I.V.-positive inmates are housed in separate prisons, away from other inmates, in an attempt to reduce medical costs and stop the spread of the virus, which causes AIDS.

Judge Myron H. Thompson of the Middle District of Alabama ruled in favor of a group of inmates who argued in a class-action lawsuit that they had been stigmatized and denied equal access to educational programs. The judge called the state’s policy “an unnecessary tool for preventing the transmission of H.I.V.” but “an effective one for humiliating and isolating prisoners living with the disease.”

After the AIDS epidemic of the 1980s, many states, including New York, quarantined H.I.V.-positive prisoners to prevent the virus from spreading through sexual contact or through blood when inmates tattooed one another. But most states ended the practice voluntarily as powerful antiretroviral drugs reduced the risk of transmission.

In Alabama, inmates are tested for H.I.V. when they enter prison. About 250 of the state’s 26,400 inmates have tested positive. They are housed in special dormitories at two prisons: one for men and one for women. No inmates have developed AIDS, the state says.

H.I.V.-positive inmates are treated differently from those with other viruses like hepatitis B and C, which are far more infectious, according to the World Health Organization. Inmates with H.I.V. are barred from eating in the cafeteria, working around food, enrolling in certain educational programs or transferring to prisons near their families.

Prisoners have been trying to overturn the policy for more than two decades. In 1995, a federal court upheld Alabama’s policy. Inmates filed the latest lawsuit last year.

“Today’s decision is historic,” said Margaret Winter, the associate director of the National Prison Project of the American Civil Liberties Union, which represented the inmates. “It spells an end to a segregation policy that has inflicted needless misery on Alabama prisoners with H.I.V. and their families.”

Brian Corbett, a spokesman for the Alabama Department of Corrections, said the state is “not prejudiced against H.I.V.-positive inmates” and has “worked hard over the years to improve their health care, living conditions and their activities.”

“We will continue our review of the court’s opinion and determine our next course of action in a timely manner,” he wrote.

During a monthlong trial in September, lawyers for the department argued that the policy improved the treatment of H.I.V.-positive inmates. Fewer doctors are needed if specialists in H.I.V. focus on 2 of the 29 state’s prisons.

The state spends an average of $22,000 per year on treating individual H.I.V.-positive inmates. The total is more than the cost of medicine for all other inmates, said Bill Lunsford, a lawyer for the Corrections Department.

South Carolina has also faced legal scrutiny. In 2010, the Justice Department notified the state that it was investigating the policy and might sue to overturn it.

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Park Geun-hye, South Korean President-Elect, Calls for Reconciliation

Ahn Young-Joon/Associated Press

President-elect Park Geun-hye during a news conference at her party's headquarters on Thursday in Seoul.

SEOUL, South Korea — South Korea’s president-elect, Park Geun-hye, called for national reconciliation on Thursday, a day after she was elected as the country’s first female leader in a close contest that reflected generational divides and growing unease over North Korea’s military threat.

Ms. Park, 60, the daughter of South Korea’s longest-ruling dictator, won 51.6 percent of the votes cast on Wednesday to choose a successor to President Lee Myung-bak, who was barred by law from seeking a second term.

“I will reflect various opinions of the people, whether they have supported or opposed me,” Ms. Park said in a speech Thursday. She pledged “impartiality,” “national harmony” and “reconciliation,” saying she would bring people into her government “regardless of their regional background, gender and generation.”

She also promised “the sharing of fruits of economic growth,” mindful of doubts that her conservative party, the governing Saenuri Party, would address the widening income gap that was one of the biggest issues in the campaign.

Ms. Park on Wednesday became the first presidential candidate to win a majority of the vote since South Korea adopted a democratic constitution in 1987. But the campaign hardly put the country’s divisions to rest. It rekindled a dispute over the legacy of Ms. Park’s father, Park Chung-hee, who remains a polarizing figure 33 years after his iron-fisted rule ended with his assassination in 1979.

It also highlighted a generational divide over issues like North Korea and the powerful, family-controlled business conglomerates known as chaebol. Exit polls indicated that Ms. Park won twice as many votes among people 50 and older than did her main rival, Moon Jae-in, but only half as many among voters in their 20s and 30s.

She defeated Mr. Moon in most provinces and big cities. But Seoul and the southwestern provinces of North and South Jeolla, traditionally a progressive stronghold, chose the liberal Mr. Moon, who championed bold economic investment in North Korea as a means of inducing denuclearization and more aggressive measures to tame the conglomerates, which have been widely blamed for growing economic inequality. Mr. Moon won 48 percent of the vote nationwide.

Ms. Park met Thursday with the ambassadors from the United States, China, Japan and Russia, the four other countries involved with the two Koreas in talks over the North’s nuclear weapons programs.

Worries over the North’s weapons programs flared again last week with the launching of a long-range rocket that many saw as a test of its missile capabilities. Such missiles could eventually be used to deliver a nuclear weapon.

Ms. Park on Thursday referred to the launching as “a symbolic demonstration of how serious a challenge we face in national security.”

She has, however, promised to be more open to the North than Mr. Lee, who took a hard-line approach that many South Koreans felt proved to be counterproductive.

“North Korea will wait a few months to see if Park Geun-hye will appease it with money,” said Andrei Lankov, a North Korea specialist at Kookmin University in Seoul. “If she does not — and it looks unlikely that she will, given her statements so far and the hard-liners surrounding her — then North Korea will launch provocations.”

With Ms. Park’s election, South Korea extended the tenure of its staunchly pro-American governing party and handed power to the first woman to win the post in a deeply patriarchal part of Asia. Voters appeared to prefer stability over Mr. Moon’s calls for radical change.

“This is a victory for the people’s wish to overcome crises and revive the economy,” Ms. Park told her cheering supporters after the results came in, a crowd that had gathered in freezing weather in downtown Seoul to celebrate a woman whose steeliness in the face of adversity is legend. According to her memoir, when told of her father’s assassination in 1979, she responded, “Is everything all right along the border with North Korea?”

In its starkest terms, this election was about South Korea’s continuing confrontation with its authoritarian past, and confusion over whether a conservative or liberal approach would best serve the country as it tries to stop North Korea’s excesses and to handle growing frustration over economic inequality without derailing the country’s economic miracle. Mr. Moon, a former human rights lawyer who was once imprisoned for opposing the authoritarian rule of Ms. Park’s father, campaigned on restoring liberal policies from the early 2000s, including a warm embrace of North Korea as a way of trying to curb its aggression.

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Insiders steal a march in leak prone Asian markets

SINGAPORE (Reuters) – When South Korean automaker Hyundai Motor Co announced last month it had overstated the fuel efficiency levels on around one million of its cars in the United States and Canada some investors were left fuming more than others.

Some had already sold their shares before the announcement on November 2. The stock fell 4 percent on November 1 with about 2.2 million shares changing hands, the highest trading volume of the year at that point.

“This smells pretty bad,” said Robert Boxwell, director of consulting firm Opera Advisors in Kuala Lumpur who has studied insider dealing patterns.

“It would have fallen into our suspect trading category,” he added.

Boxwell spots suspect trading by looking at how much the volume diverges from the average level in the days before a market moving announcement. In the Hyundai instance, the volume was more than five standard deviations, a measure of variation, away from the daily average of 598,741 shares over the past year.

A Hyundai spokeswoman declined to comment.

Research from the Capital Markets Co-operative Research Centre (CMCRC), an academic centre in Sydney that studies financial market efficiency, found that 26 percent of price-sensitive announcements in Asia Pacific markets showed signs of leakage in the first quarter of this year, the most recent period for which data was available.

That compared with 13 percent in North American markets.

The CMCRC says it looks for suspected information leaks by examining abnormal price moves and trading volumes ahead of price-sensitive announcements.

Investors say one reason for leaks in Asia has been low enforcement rates for insider trading and breaches of disclosure rules. Enforcement in some markets is virtually non-existent.

There are also misconceptions about whether trading on non-public information is a crime.

“The idea that insider trading is wrong rather than smart is only being ingrained in the current generation of Asian players, not the older generation who are often still in the driving seat,” said Peter Douglas, founder of GFIA, a hedge fund consultancy in Singapore.

LOSS OF CONFIDENCE

Japan’s largest investment bank Nomura Holdings was embarrassed this year after regulatory investigations found it leaked information to clients ahead of three public share offerings.

Nomura has acknowledged that its employees leaked information on three share issues it underwrote in 2010. In June, it published the results of an internal investigation that found breaches of basic investment banking safeguards against leaking confidential information and announced a raft of measures to prevent recurrence.

The bank was also fined 200 million yen ($ 2.37 million) by the Tokyo Stock Exchange and 300 million yen by the Japan Securities Dealers Association.

Such leaks hurt companies’ share prices in the long run because investors put in less money if they feel they are not on a level playing field.

“It is very damaging. You may not know how much money you’ve lost but if there is not confidence that the regulators are prosecuting and enforcing the rules on this then it undermines investor confidence and liquidity,” said Jamie Allen, secretary general of the Asian Corporate Governance Association.

The issue isn’t being ignored. Many Asian markets such as Hong Kong and China have tightened their rules on insider trading over the past decade.

Indeed some investors feel that while leaks and insider dealing are unfair, regulators in the region have more serious issues they should be tackling.

“I would like to see the regulators spend more resources on investigating and prosecuting fraud against listed companies, which severely damages shareholder value,” said David Webb, a corporate governance activist in Hong Kong, arguing insider dealing as less of an impact on a company’s long-term share price.

HTC AND APPLE

A week after Hyundai’s announcement about its problems in the United States, there was an unexpected move on the Taiwan Stock Exchange.

Shares in smartphone maker HTC Corp jumped almost seven percent on Friday, November 9, hitting the daily upper trading limit. On Sunday came the surprise announcement that the company was ending its long-running patent dispute with Apple Inc , a move seen as a positive for the stock.

The Taiwan bourse announced it was investigating the trading patterns to see if there was a possible leak.

When asked for comment, HTC referred back to a November 13 statement in which the company said it had kept the Apple settlement process confidential and has strict controls on insider trading.

Michael Lin, a spokesman for the Taiwan Exchange, told Reuters on Friday that the bourse is still working with the regulator on the case.

‘ENORMOUS LOSSES’

Michael Aitken, who oversees research at the CMCRC, said many other Asian markets lack tough enough rules to force information to be released as efficiently and timely as possible, a primary reason for the prevalence of leaks.

“Poor regulation hampers enforcement efforts,” he said pointing out that few markets have the “continuous disclosure” rules used in Australia which require listed companies to release material information as soon as possible.

In Korea, when Hyundai shares started to fall, rumours began swirling that news about a problem with some of its cars was on its way, but investors say it took the company too long to disclose what exactly was happening.

“Hyundai at that time did not confirm the rumours. We suffered enormous losses because of this,” said one fund manager, who declined to be named because he was not authorised to speak to the media.

An official from Korea Exchange declined to comment on whether it was investigating this case, saying only that the exchange looks carefully into possible cases of insider trading.

Across Asia, regulators concede that many company executives and insiders still do not appreciate that leaking or trading on material, non-public information is an offence.

“People don’t even know they are engaging in insider trading, for example if their friends are talking about it on the golf course,” said Tong Daochi director-general for international affairs at the China Securities Regulatory Commission, during a regulation conference last month.

“We try to tell society, what are the criminal issues, what are the insider trading issues? For example we have held 27 press conferences to tell the public what kind of activities are involved in insider trading and to let people know that this is an active crime.” ($ 1 = 84.2600 Japanese yen) ($ 1 = 0.6147 British pounds)

(Reporting by Rachel Armstrong; additional reporting by Nishant Kumar in HONG KONG and Hyunjoo Jin in SEOUL; Editing by Emily Kaiser)

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Michael Phelps voted AP male athlete of year

Now that he's away from the pool, Michael Phelps can reflect — really reflect — on what he accomplished.

Pretty amazing stuff.

"It's kind of nuts to think about everything I've gone through," Phelps said. "I've finally had time to myself, to sit back and say, '... that really happened?' It's kind of shocking at times."

Not that his career needed a capper, but Phelps added one more honor to his staggering list of accomplishments Thursday — The Associated Press male athlete of the year.

Phelps edged out LeBron James to win the award for the second time, not only a fitting payoff for another brilliant Olympics (four gold medals and two silvers in swimming at the London Games) but recognition for one of the greatest careers in any sport.

Phelps finished with 40 votes in balloting by U.S. editors and broadcasters, while James was next with 37. Track star Usain Bolt, who won three gold medals in London, was third with 23.

Carl Lewis is the only other Olympic-related star to be named AP male athlete of the year more than once, taking the award for his track and field exploits in 1983 and '84. The only men honored more than twice are golf's Tiger Woods and cyclist Lance Armstrong (four times each), and basketball's Michael Jordan (three times).

"Obviously, it's a big accomplishment," Phelps said. "There's so many amazing male athletes all over the world and all over our country. To be able to win this is something that just sort of tops off my career."

Phelps retired at age 27 as soon as he finished his final race in London, having won more gold medals (18) and overall medals (22) than any other Olympian.

No one else is even close.

"That's what I wanted to do," Phelps said. "Now that it's over, it's something I can look back on and say, 'That was a pretty amazing ride.'"

The current ride isn't so bad either.

Set for life financially, he has turned his fierce competitive drive to golf, working on his links game with renowned coach Hank Haney as part of a television series on the Golf Channel. In fact, after being informed of winning the AP award, Phelps called in from the famed El Dorado Golf & Beach Club in Los Cabos, Mexico, where he was heading out with Haney to play a few more holes before nightfall.

"I can't really complain," Phelps quipped over the phone.

Certainly, he has no complaints about his swimming career, which helped turn a sport that most Americans only paid attention to every four years into more of a mainstream pursuit.

More kids took up swimming. More advertisers jumped on board. More viewers tuned in to watch.

While swimming is unlikely to ever match the appeal of football or baseball, it has carved out a nice little niche for itself amid all the other athletic options in the United States — largely due to Phelps' amazing accomplishments and aw-shucks appeal.

Just the fact that he won over James shows just how much pull Phelps still has. James had an amazing year by any measure: The league MVP won his first NBA title with the Miami Heat, picking up finals MVP honors along the way, and then starred on the gold medal-winning U.S. basketball team in London.

Phelps already had won the AP award in 2008 after his eight gold medals in Beijing, which broke Mark Spitz's record. Phelps got it again with a performance that didn't quite match up to the Great Haul of China, but was amazing in its own right.

After the embarrassment of being photographed taking a hit from a marijuana pipe and questioning whether he still had the desire to go on, Phelps returned with a vengeance as the London Games approached. Never mind that he was already the winningest Olympian ever. Never mind that he could've eclipsed the record for overall medals just by swimming on the relays.

He wanted to be one of those rare athletes who went out on top.

"That's just who he is," said Bob Bowman, his longtime coach. "He just couldn't live with himself if knew he didn't go out there and give it good shot and really know he's competitive. He doesn't know anything else but to give that kind of effort and have those kind of expectations."

Phelps got off to a rocky start in London, finishing fourth in the 400-meter individual medley, blown out of the water by his friend and rival, Ryan Lochte. It was only the second time that Phelps had not at least finished in the top three of an Olympic race, the first coming way back in 2000 when he was fifth in his only event of the Sydney Games as a 15-year-old.

To everyone looking in, Lochte seemed poised to become the new Phelps — while the real Phelps appeared all washed up.

But he wasn't going out like that.

No way.

Phelps rebounded to become the biggest star at the pool, edging Lochte in the 200 IM, contributing to a pair of relay victories, and winning his final individual race, the 100 butterfly. There were two silvers, as well, leaving Phelps with a staggering resume that will be awfully difficult for anyone to eclipse.

His 18 golds are twice as many as anyone else in Olympic history. His 22 medals are four clear of Larisa Latynina, a Soviet-era gymnast, and seven more than the next athlete on the list. Heck, if Phelps was a nation, he'd be 58th in the medal standings, just one behind India (population: 1.2 billion).

"When I'm flying all over the place, I write a lot in my journal," Phelps said. "I kind of relive all the memories, all the moments I had throughout my career. That's pretty special. I've never done that before. It's amazing when you see it all on paper."

Four months into retirement, Phelps has no desire to get back in the pool. Oh, he'll swim every now and then for relaxation, using the water to unwind rather than putting in one of his famously grueling practices. Golf is his passion at the moment, but he's also found time to cheer on his hometown NFL team, the Baltimore Ravens, and start looking around for a racehorse that he and Bowman can buy together.

Phelps hasn't turned his back on swimming, either. He's got his name attached to a line of schools that he wants to take worldwide. He's also devoting more time to his foundation, which is dedicated to teaching kids to swim and funding programs that will grow the sport even more.

He's already done so much.

"His contribution to the way the world thinks about swimming is so powerful," Bowman said. "I don't think any other athlete has transformed his sport the way he's transformed swimming."

Phelps still receives regular texts from old friends and teammates, asking when he's going to give up on this retirement thing and come back the pool as a competitor.

He scoffs at the notion, sounding more sure of himself now than he did in London.

And if there's anything we've learned: Don't doubt Michael Phelps when he sets his mind on something.

"Sure, I could come back in another four years. But why?" he asked, not waiting for an answer. "I've done everything I wanted to do. There's no point in coming back."

___

Follow Paul Newberry on Twitter at www.twitter.com/pnewberry1963

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Recipes for Health: Marinated Olives

Andrew Scrivani for The New York Times

Marinated olives.

These are inspired by Patricia Wells’ “Chanteduc Rainbow Olive Collection” in her wonderful book “The Provence Cookbook.” It is best to use olives that have not been pitted.

1/4 cup extra virgin olive oil

2 tablespoons red wine vinegar

5 bay leaves

2 large garlic cloves, peeled, green shoots removed, thinly sliced

Strips of rind from 1 lemon (preferably organic)

1 tablespoon fresh thyme leaves, coarsely chopped

1 teaspoon chopped fresh rosemary

1/2 teaspoon fennel seeds

2 cups imported olives (black, green or a mix) (about 3/4 pound)

 

1. Combine the olive oil, vinegar, bay leaves and garlic in a small saucepan and heat just until warm over low heat. Remove from the heat and stir in the lemon rind, thyme, rosemary and fennel seeds.

2. Place the olives in a wide mouthed jar and pour in the olive oil mixture. Shake the jar to coat the olives. Refrigerate for two hours or for up to two weeks. Shake the jar a few times a day to redistribute the seasonings.

Yield: 2 cups, serving 12

Advance preparation: These will keep for about two weeks in the refrigerator.

Nutritional information per ounce (does not include marinade): 43 calories; 4 grams fat; 0 grams saturated fat; 0 grams polyunsaturated fat; 3 grams monounsaturated fat; 0 milligrams cholesterol; 1 gram carbohydrates; 0 grams dietary fiber; 468 milligrams sodium (does not include salt to taste); 0 grams protein

 

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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Boehner Tax Plan in House Is Pulled, Lacking Votes

Brendan Hoffman for The New York Times

Speaker John A. Boehner of Ohio leaving a meeting Thursday with fellow House Republicans on talks over the “fiscal cliff.”

WASHINGTON — Speaker John A. Boehner’s effort to pass fallback legislation to avert a fiscal crisis in less than two weeks collapsed Thursday night in an embarrassing defeat after conservative Republicans refused to support legislation that would allow taxes to rise on the most affluent households in the country.

House Republican leaders abruptly canceled a vote on the bill after they failed to rally enough votes for passage in an emergency meeting about 8 p.m. Within minutes, dejected Republicans filed out of the basement meeting room and declared there would be no votes to avert the “fiscal cliff” until after Christmas. With his “Plan B” all but dead, the speaker was left with the choice to find a new Republican way forward or to try to get a broad deficit reduction deal with President Obama that could win passage with Republican and Democratic votes.

What he could not do was blame Democrats for failing to take up legislation he could not even get through his own membership in the House.

“The House did not take up the tax measure today because it did not have sufficient support from our members to pass,” Mr. Boehner said in a statement that said responsibility for a solution now fell to the White House and Senator Harry Reid, Democrat of Nevada, the majority leader. “Now it is up to the president to work with Senator Reid on legislation to avert the fiscal cliff.”

The stunning turn of events in the House left the status of negotiations to head off a combination of automatic tax increases and significant federal spending cuts in disarray with little time before the start of the new year.

At the White House, the press secretary, Jay Carney, said the defeat should press Mr. Boehner back into talks with Mr. Obama.

“The president will work with Congress to get this done, and we are hopeful that we will be able to find a bipartisan solution quickly that protects the middle class and our economy,” he said.

The refusal of a band of House Republicans to allow income tax rates to rise on incomes over $1 million came after Mr. Obama scored a decisive re-election victory campaigning for higher taxes on incomes over $250,000. Since the November election, the president’s approval ratings have risen, and opinion polls have shown a strong majority not only favoring his tax position, but saying they will blame Republicans for a failure to reach a deficit deal.

With a series of votes on Thursday, the speaker, who faces election for his post in the new Congress next month, had hoped to assemble a Republican path away from the cliff. With a show of Republican unity, he also sought to strengthen his own hand in negotiations with Mr. Obama. The House did narrowly pass legislation to cancel automatic, across-the-board military cuts set to begin next month, and shift them to domestic programs.

But the main component of “Plan B,” a bill to extend expiring Bush-era tax cuts for everyone with incomes under $1 million, could not win enough Republican support to overcome united Democratic opposition. Democrats questioned Mr. Boehner’s ability to deliver any agreement.

“I think this demonstrates that Speaker Boehner has a real challenge,” said Representative Steny H. Hoyer of Maryland, the No. 2 House Democrat. “He hasn’t been able to cut any deal, make any agreement that’s balanced. Even if it’s his own compromise.”

Representative Rick Larsen of Washington accused Republicans of shirking their responsibility by leaving the capital. “The Republicans just picked up their toys and went home,” he said.

Futures contracts on indexes of United States stock listings and shares in Asia fell sharply after Mr. Boehner conceded that his bill lacked the votes to pass.

The point of the Boehner effort was to secure passage of a Republican plan, then demand that the president and the Senate to take up that measure and pass it, putting off the major fights until early next year when Republicans would conceivably have more leverage because of the need to increase the federal debt limit. It would also allow Republicans to claim it was Democrats who had caused taxes to rise after the first of the year had no agreement been reached.

That strategy lay in tatters after the Republican implosion.“Some people don’t know how to take yea for an answer,” said Representative Charlie Dent of Pennsylvania, a Republican who supported the measure and was open about his disappointment with his colleagues.

Opponents said they were not about to bend their uncompromising principles on taxes just because Mr. Boehner asked.

“The speaker should be meeting with us to get our views on things rather than just presenting his,” said Representative Justin Amash of Michigan, who recently lost a committee post for routinely crossing the leadership.

Jeremy W. Peters contributed reporting.

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Arrests Made in Maple Syrup Theft From Quebec Warehouse

Francis Vachon

Danny Ayotte prepares maple syrup for pasteurization. The authorities are trying to recover six million pounds of stolen syrup.

OTTAWA — It was an inside job of sorts. Thieves with access to a warehouse and a careful plan loaded up trucks and, over time, made off with $18 million of a valuable commodity.

The question is what was more unusual: that the commodity in question was maple syrup, or that it came from something called the global strategic maple syrup reserve, run by what amounts to a Canadian cartel.

On Tuesday, the police in Quebec arrested three men in connection with the theft from the warehouse, which is southwest of Quebec City. The authorities are searching for five others suspected of being involved, and law enforcement agencies in other parts of Canada and the United States are trying to recover some of the stolen syrup.

Both the size and the international scope of the theft underscore Quebec’s outsize position in the maple syrup industry.

Depending on the year, the province can produce more than three-quarters of the world’s supply. And its marketing organization appears to have taken some tips from the producers of another valuable liquid commodity when it comes to exploiting market dominance.

“It’s like OPEC,” said Simon Trépanier, acting general manager of the Federation of Quebec Maple Syrup Producers. “We’re not producing all the maple syrup in the world. But by producing 70 to 78 percent, we have the ability to adjust the quantity that is in the marketplace.”

Since 1999, Quebec’s maple syrup industry has used a marketing system found in other Canadian agricultural sectors, particularly dairy and poultry.

Put simply, the supply management system sets strict quotas for producers and, in the case of maple syrup, requires them to sell their product through the federation.

The sap that becomes maple syrup after being boiled down often flows for only a short period each spring. Weather changes can introduce wild fluctuations in how much emerges from sugar maple trees.

To maintain stable and high prices, the federation stockpiles every drop its members produce beyond their quota. During bad seasons, it dips into that supply.

“In the States you have the strategic oil reserve,” Mr. Trépanier said, continuing with his petroleum analogy. “Mother Nature is not generous every year, so we have our own global strategic reserve.”

Mr. Trépanier estimates that the reserve now holds 46 million pounds of syrup.

The spring of 2011 produced so much maple syrup that the federation added a third rented warehouse, in an industrial park alongside a busy highway in Saint-Louis-de-Blandford, to accommodate the overflow. The surplus was pasteurized and packed into 16,000 drums, each holding 54 gallons, and left to rest except for inspections twice a year.

Lt. Guy Lapointe of the Sûreté du Québec, the police force that led the investigation, said that the thieves rented another portion of the warehouse for an unrelated business. That enabled them to drive large trucks into the building.

“They were basically inside guys,” Lieutenant Lapointe said. “The leader wasn’t with the federation, but he had access to the warehouse that would not attract any suspicion.”

When no one else was around, Lieutenant Lapointe said, the thieves gradually began emptying syrup barrels. Some Quebec news reports indicated that they also filled some barrels with water to disguise the theft.

Over time, the thieves helped themselves to six million pounds of syrup. Mr. Trépanier said their work was discovered in July, when inspectors found a few empty barrels. The full extent of the theft, he said, became clear once the police arrived.

The police spared no resources. Lieutenant Lapointe said that about 300 people were questioned and 40 search warrants executed. The Royal Canadian Mounted Police and the United States Immigration and Customs Enforcement service joined the investigation.

Like many thieves, the maple syrup gang was faced with how to unload a large quantity of a commodity that is not easily moved. But unlike most thieves, Lieutenant Lapointe said, they found a way to get full price on the open market.

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Brazilian company releases the ‘IPHONE’ after trademarking the name back in 2000

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Cruz: Meeting Pinto family was "toughest by far"

EAST RUTHERFORD, N.J. (AP) — For much of his hour-long visit with the family of a 6-year-old boy killed in the Connecticut school shootings, Victor Cruz talked about football, life and young Jack, the child who idolized him.

Tears were shed. Feelings were shared. Cleats and gloves worn by Cruz to honor Jack Pinto at Sunday's game against Atlanta were given to his family.

The New York Giants wide receiver somberly recounted Wednesday his meeting with Pinto's parents and brother in Newtown, Conn.

He struggled in his retelling only when asked about the family's decision to bury the child in the receiver's No. 80 Giants jersey. The father of an infant girl, Cruz stopped for a moment, and his eyes became watery.

"You never go through some circumstances like this and circumstances where a kid faces or a family faces something of this magnitude at their school," Cruz said. "This definitely was the toughest by far."

Jack Pinto was buried on Monday and Cruz telephoned the family to ask whether he could visit them Tuesday.

The family disclosed after Friday's massacre that Cruz was Jack's favorite player. The boy was one of 20 first-graders and six adults killed in the shootings at the Sandy Hook Elementary School.

Cruz drove to Newtown with his girlfriend, Elaina Watley, and their daughter, Kennedy.

"I had no expectations. I was a little nervous," Cruz said. "I just didn't know how I was going to be received. You never know when they are going through something like that. You never know how it is going to go down."

Seeing the family outside the home along with some local children made Cruz feel better.

"They were still pretty emotional, crying and stuff like that," Cruz said. "I saw how affected they were by just my presence alone. I got out and gave them the cleats and the gloves and they appreciated it. The older brother (Ben) was still emotional, so I gave them to him."

Cruz had written "Jack Pinto, My Hero" and "R.I.P. Jack Pinto" on his cleats before the Giants' loss to the Falcons Sunday in Atlanta.

The 26-year-old player best known for his salsa dances after touchdowns, signed autographs for the children before heading inside.

"I didn't want to go in there and make a speech," Cruz said. "I just wanted to go and spend some time with them and be someone they could talk to, and be someone they can vent to, talk about how much of a fans they are of the team, or different times they watched the Super Bowl."

Cruz spent that part of the visit sitting in the chair where Jack's father, Dean, sat when he watched the Giants' Super Bowl win over the New England Patriots in February.

It was a day Jack got to see his favorite team win a championship.

"It was just an emotional time," Cruz said. "I spent a little bit of time with them. We got to smile a little bit, which was good for them. It was a time where I just wanted to be a positive voice, a positive light in the tunnel where it can really be negative, so it was a good time. They are a great family and they're really united at this time and it was good to see."

Cruz said it was strange thinking about a child being buried in his jersey. He did not know how to react. Should he thank the family?

"It leaves you kind of blank," Cruz said. "I am definitely honored by it. I am definitely humbled by it, and it's definitely an unfortunate but humbling experience for me."

The visit also gave Cruz time to reflect, especially looking at his daughter.

"Ever since it happened I've kind of been spending more time with her, just cherishing the little moments, the little time you get with her because you never know when that can be taken from you," he said.

Giants coach Tom Coughlin said he was incredibly proud of Cruz for visiting with the Pinto family.

"Hopefully some of their grief might at least temporarily be suspended in being able to embrace Victor Cruz," Coughlin said, adding what he did speaking volumes of what he has inside.

Baltimore Ravens running back Ray Rice said what Cruz did took heart.

"You've got to be able to put yourself in that family's situation to understand at least what they're going through," Rice said in a conference call with the New York media about Sunday's game against the Giants. "That's what it's about. That's something that you don't just say, 'I'm going to do it.' You do it from the heart, from within and what he did was amazing."

___

Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL

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Europe Proposes New Tobacco Rules

BRUSSELS — Health warnings should cover 75 percent of cigarette packs but governments should also have leeway to require plain packaging, the European Commission said Wednesday.

Yves Logghe/Associated Press

European Commissioner for Health and Consumer Policy Tonio Borg held up a mock package of cigarettes during a news conference on proposals to revise the Tobacco Products Directive, at the European Commission headquarters in Brussels on Wednesday.

The commission’s proposal would also ban cigarettes containing large quantities of flavorings including menthol and vanilla, restrict the sale of slimmer cigarettes and maintain a ban in most of the European Union on a form of chewing tobacco called snus.

The proposals still are less strict than in Australia, where a prohibition on logos and colorful designs went into effect this month. But the proposed ban on slim and super-slim cigarettes that are marketed to young women “is a positive development and a world first,” said the Smoke Free Partnership, a European organization that promotes tobacco control and research.

Tonio Borg, the E.,U. commissioner for health and consumer policy, said the overall goal of the so-called Tobacco Products Directive was to make smoking less attractive and to discourage young people from tobacco consumption.

“Consumers must not be cheated,” Mr. Borg said. “Tobacco products should look and taste like tobacco products, and this proposal ensures that attractive packaging and flavorings are not used as a marketing strategy.”

But Unitab, a European association of tobacco growers, said regulators had declared “total war” on their industry. The increased restrictions on branding would make price the deciding factor in tobacco sales; that in turn would favor suppliers from countries with lower production costs and put thousands of jobs in Europe at risk, the association said.

Written health warnings already must cover about 40 percent of a cigarette pack in the Union, although some countries also use pictorial warnings. In the future, Mr. Borg would like pictorial warnings to be mandatory, and for the warnings to cover three-quarters of the front and back of each pack of cigarettes, and half of each side.

E.U. officials conceded that the entire top and bottom sides of cigarette packs sold in Europe still could be used for branding under Mr. Borg’s proposals. Member states could opt to require plain packaging, however.

The directive also would require that smokeless electronic cigarettes providing more than a certain amount of nicotine should be available only in outlets like pharmacies. National or Europe-wide “test panels” would determine what quantities of flavoring like menthol should be banned, they said.

Much of the interest in the legislation in recent months had focused on apparent attempts to influence its wording.

Mr. Borg’s predecessor, John Dalli, resigned in October after the commission concluded that he had probably known about an attempt by a lobbyist to solicit a multimillion-dollar payoff in exchange for easing the ban on snus. The product can be sold only in Sweden, where some people consider it a safer alternative to smoking.

Mr. Dalli denied the allegations and said he was forced to resign under pressure from José Manuel Barroso, the president of the commission. Mr. Dalli also said his ouster had jeopardized chances for the revised directive to be passed before the current term of the European Parliament, which must approve the legislation, expires in 2014.

Mr. Borg suggested Wednesday that the law still could be adopted before the Parliament’s term expires, and go into force in 2015 or 2016.

But the Smoke Free Partnership warned that lobbying still could water down the proposals on labeling and packaging, as well as the ban on flavors and slim cigarettes. Governments and members of the European Parliament “are likely to face attempts by the tobacco industry to further block, weaken and delay this important legislation,” said Florence Berteletti Kemp, the director of the partnership.

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Challenging France to Do Business Differently

Pool photo by Bertrand Langlois

President François Hollande must find a way to make palatable a shift in French labor practices.

PARIS — Louis Gallois, one of France’s most influential industrialists, knew he was about to make waves for the country’s Socialist president.

It was late October, and President François Hollande, faced with an alarming deterioration in the economy, had turned to Mr. Gallois for advice on how to put corporate France on a more competitive footing with the rest of Europe.

Mr. Gallois didn’t sugar-coat the message. His report called for a “competitiveness shock” that would require politicians to curb the “cult of regulation” he said was choking business in France.

The report said that unless France relaxed its notoriously rigid labor market, the country would continue on an industrial decline that had destroyed more than 750,000 jobs in a decade and helped shrink France’s share of exports to the European Union to 9.3 percent, from 12.7 percent, during that period. The report also called for cuts to a broad range of business taxes used to pay for big government and France’s expensive social safety net.

But some wonder whether those measures, even if they can be adopted, would suffice. For them, there is a larger question: Can France be fixed?

While the European crisis has made the French acutely aware of the need to modernize the economy, the country may be running short on time. And there are mixed signals on whether the Hollande government is willing to heed the advice.

As details of the report leaked, the French news media went into a frenzy over whether their country — so resistant to change that the government still controls the price of a baguette of bread — was prepared for such upheaval.

Mr. Hollande quickly provided an answer: a competitiveness “pact” between business and government would better suit French society.

As Mr. Hollande’s finance minister, Pierre Moscovici, hastened to explain, “A shock causes trauma, whereas a pact reassures.”

But many observers say reassurance may no longer be an option.

Even the Germans are alarmed: Behind closed doors, Chancellor Angela Merkel and officials in her entourage are said to be worried that a failure by Mr. Hollande to improve competitiveness could ricochet back to the weakening German economy, further stalling what had long been twin engines of growth for Europe.

“The concern is not just that France could be the next candidate affected by turbulence” from the euro crisis, said Lars P. Feld, an economics professor at the University of Freiburg and an adviser to the German government. “The fear is that it doesn’t manage to cope with the loss of competitiveness and therefore produces little growth or perhaps even stagnation for the next few years,” Mr. Feld said. “And that after that, it could become the new sick man of Europe.”

France still has much working in its favor. Second only to Germany as Europe’s biggest economy, and the fifth-largest in the world, France is a wealthy country with a high savings rate, large foreign direct investment and world-class research and development capabilities.

And the interest rate on French 10-year bonds is only about 2 percent. That is much closer to Germany’s rate than to those of the euro zone’s staggering giants, Italy and Spain, which are above 4 percent and 5 percent respectively, as they struggle to clean up their economies.

Yet, last week the French central bank warned that growth would shrink 0.1 percent in the last three months of 2012, after stagnating for most of the year. Last month Moody’s Investors Service followed Standard & Poor’s in stripping France of its triple-A credit rating, saying the government was failing to ignite competitiveness fast enough.

Meanwhile, an ambitious effort Mr. Hollande began shortly after his election in May to cut the deficit to 3 percent next year from 4.5 percent through tax increases and spending cuts may dampen growth further and ratchet up unemployment, which recently neared 11 percent, twice the rate in Germany.

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For Modernizing Thais, Monastic Life Loses Allure

Young monks rehearsed an evening candlelight ceremony at the Chedi Luang temple in Chiang Mai, Thailand. The country’s Buddhist temples are as much a part of the landscape as rice paddies and palm trees. But many temples in rural Thailand have fallen quiet.

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Instagram tests new limits in user privacy

SAN FRANCISCO (Reuters) – Instagram, which spurred suspicions this week that it would sell user photos after revising its terms of service, has sparked renewed debate about how much control over personal data users must give up to live and participate in a world steeped in social media.

In forcefully establishing a new set of usage terms, Instagram, the massively popular photo-sharing service owned by Facebook Inc, has claimed some rights that have been practically unheard of among its prominent social media peers, legal experts and consumer advocates say.

Users who decline to accept Instagram’s new privacy policy have one month to delete their accounts, or they will be bound by the new terms. Another clause appears to waive the rights of minors on the service. And in the wake of a class-action settlement involving Facebook and privacy issues, Instagram has added terms to shield itself from similar litigation.

All told, the revised terms reflect a new, draconian grip over user rights, experts say.

“This is all uncharted territory,” said Jay Edelson, a partner at the Chicago law firm Edelson McGuire. “If Instagram is to encourage as many lawsuits as possible and as much backlash as possible then they succeeded.”

Instagram’s new policies, which go into effect January 16, lay the groundwork for the company to begin generating advertising revenue by giving marketers the right to display profile pictures and other personal information such as who users follow in advertisements.

The new terms, which allow an advertiser to pay Instagram “to display your username, likeness, photos (along with any associated metadata)” without compensation, triggered an outburst of complaints on the Web on Tuesday from users upset that Instagram would make money from their uploaded content.

The uproar prompted a lengthy blog post from the company to “clarify” the changes, with CEO Kevin Systrom saying the company had no current plans to incorporate photos taken by users into ads.

Instagram declined comment beyond its blog post, which failed to appease critics including National Geographic, which suspended new posts to Instagram. “We are very concerned with the direction of the proposed new terms of service and if they remain as presented we may close our account,” said National Geographic, an early Instagram adopter.

PUSHING BOUNDARIES

Consumer advocates said Facebook was using Instagram’s aggressive new terms to push the boundaries of how social media sites can make money while its own hands were tied by recent agreements with regulators and class action plaintiffs.

Under the terms of a 2011 settlement with the Federal Trade Commission, Facebook is required to get user consent before personal information is shared beyond their privacy settings. A preliminary class action lawsuit settlement with Facebook allows users to opt-out of being included in the “sponsored stories” ads that use their personal information.

Under Instagram’s new terms, users who want to opt-out must simply quit using the service.

“Instagram has given people a pretty stark choice: Take it or leave, and if you leave it you’ve got to leave the service,” said Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation, a Internet user right’s group.

What’s more, he said, if a user initially agrees to the new terms but then has a change of mind, their information could still be used for commercial purposes.

In a post on its official blog on Tuesday, Instagram did not address another controversial provision that states that if a child under the age of 18 uses the service, then it is implied that his or her parent has tacitly agreed to Instagram’s terms.

“The notion is that minors can’t be bound to a contract. And that also means they can’t be bound to a provision that says they agree to waive the rights,” said the EFF’s Opsahl.

BLOCKING CLASS ACTION SUITS

While Facebook continues to be bogged in its own class action suit, Instagram took preventive steps to avoid a similar legal morass.

Its new terms of service require users with a legal complaint to enter arbitration, rather than take the company to court. It prohibits users from joining a class action lawsuit unless they mail a written “opt-out” statement to Facebook’s headquarters in Menlo Park within 30 days of joining Instagram.

That provision is not included in terms of service for other leading social media companies like Twitter, Google, YouTube or even Facebook itself, and it immunizes Instagram from many forms of legal liability, said Michael Rustad, a professor at Suffolk University Law School.

Rustad, who has studied the terms of services for 157 social media services, said just 10 contained provisions prohibiting class action lawsuits.

The clause effectively cripples users who want to legally challenge the company because lawyers will not likely represent an individual plaintiff, Rustad argued.

“No lawyers will take these cases,” Rustad said. “In consumer arbitration cases, everything is stacked against the consumer. It’s a pretense, it’s a legal fiction, that there are remedies.”

Instagram, which has 100 million users, allows consumers to tweak the photos they take on their smartphones and share the images with friends. Facebook acquired Instagram in September for $ 715 million.

Instagram’s take-it-or-leave-it policy pushes the envelope for how social networking companies treat user privacy issues, said Marc Rotenberg, the executive director of the Electronic Privacy Information Center.

“I think Facebook is probably using Instagram to see how far it can press this advertising model,” said Rotenberg. “If they can keep a lot of users, then all those users have agreed to have their images as part of advertising.”

(Additional reporting by Dan Levine; Editing by Jeremy Laurence)

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A&M's Johnny Football is AP's Player of the Year

Johnny Manziel ran for almost 1,700 yards and 30 touchdowns as a dual-threat quarterback his senior year of high school at Kerrville Tivy.

Who would have thought he'd be even more impressive at Texas A&M when pitted against the defenses of the Southeastern Conference?

On Tuesday, Manziel picked up another major award for his spectacular debut season. He was voted The Associated Press Player of the Year. As with the Heisman Trophy and Davey O'Brien Award that Manziel already won, the QB nicknamed Johnny Football is the first freshman to collect the AP award.

Manziel's 31 votes were more than twice that of second place finisher Manti Te'o, Notre Dame's start linebacker. He is the third straight Heisman-winning quarterback to receive the honor, following Robert Griffin III and Cam Newton.

Manziel erased initial doubts about his ability when he ran for 60 yards and a score in his first game against Florida.

"I knew I could run the ball, I did it a lot in high school," Manziel said in an interview with the AP. "It is just something that you don't get a chance to see in the spring. Quarterbacks aren't live in the spring. You don't get to tackle. You don't get to evade some of the sacks that you would in normal game situations. So I feel like when I was able to avoid getting tackled, it opened some people's eyes a little bit more."

The 6-foot-1 Manziel threw for 3,419 yards and 24 touchdowns and ran for 1,181 yards and 19 more scores to help the Aggies win 10 games for the first time since 1998 — and in their inaugural SEC year, too.

Ryan Tannehill, Manziel's predecessor now with the Dolphins after being drafted eighth overall this season, saw promise from the young quarterback last year when he was redshirted. But even he is surprised at how quickly things came together for Manziel.

"It's pretty wild. I always thought he had that playmaking ability, that something special where if somebody came free, he can make something exciting happen," Tannehill said. "I wasn't really sure if, I don't think anyone was sure if he was going to be able to carry that throughout an SEC season, and he's shocked the world and he did it."

After Manziel sat out as a redshirt in 2011, Texas A&M's scheduled season-opener against Louisiana Tech this year was postponed because of Hurricane Isaac. That left him to get his first taste of live defense in almost two years against Florida.

He responded well, helping the Aggies race to a 17-7 lead early using both his arm and his feet. The Gators shut down Manziel and A&M's offense in the second half and Texas A&M lost 20-17.

But Manziel's performance was enough for Texas A&M's coaching staff to realize that his scrambling ability was going to be a big part of what the Aggies could do this season.

"The first half really showed that I was a little bit more mobile than we had seen throughout the spring," Manziel said. "Me and (then-offensive coordinator) Kliff Kingsbury sat down and really said: 'Hey we can do some things with my feet as well as throwing the ball.' And it added a little bit of a new dimension."

Manziel knew that the biggest adjustment from playing in high school to college would be the speed of the game. Exactly how quick players in the SEC were was still a jolt to the quarterback.

"The whole first drive I was just seeing how fast they really flew to the ball and I felt like they just moved a whole lot faster," he said of the Florida game. "It was different than what I was used to, different than what I was used to in high school. So it was just having to learn quick and adjust on the fly."

He did just that and started piling up highlight reel material by deftly avoiding would-be tacklers to help the Aggies run off five consecutive wins after that.

His storybook ride hit a roadblock when he threw a season-high three interceptions in a 24-19 loss to LSU. But Manziel used it as a learning experience, taking to heart some advice he received from Kingsbury.

"He just told me to have a plan every time, before every snap," Manziel said. "Make sure you have a plan on what you want to do and where you want to go with the ball."

"I feel like as the year went on, I just learned the offense more and knew exactly where I wanted to go, instead of maybe evading the blitz and just taking off running for the first down instead of hitting a hot route or throwing it underneath to an open guy and doing things a lot simpler and cleaner."

The Aggies and Manziel rebounded from the loss to LSU by winning their last five games, highlighted by their stunning 29-24 upset of top-ranked Alabama on Nov. 10.

By the time Manziel wrapped up a 253-yard passing and 92-yard rushing performance to lead Texas A&M to the victory in Tuscaloosa, you could hardly call him a freshman anymore.

"You keep growing and growing every week," he said. "By the time I played Alabama I had a much better grasp of the game than I did in the first one."

The 4,600 yards of total offense Manziel gained in 12 games broke the SEC record for total yards in a season. The record was previously held by 2010 Heisman winner Newton, who needed 14 games to pile up 4,327 yards. The output also made him the first freshman, first player in the SEC and fifth player overall to throw for 3,000 yards and run for 1,000 in a season.

Manziel, who turned 20 two days before taking home the Heisman, has been so busy he hasn't had a second to step back and digest the historical significance of his accomplishments this season.

He's far more concerned with helping the Aggies extend their winning streak to six games with a win over Oklahoma on Jan. 4 in the Cotton Bowl.

"I think it will happen after the bowl game and after the season is completely over," he said. "I'm just ready for it to die down a little bit and get back into a practice routine where we get better and hopefully do what we want to do in the bowl game."

He'll have to do it without his mentor Kingsbury, who left A&M last week to become coach at Texas Tech, where he starred at quarterback not that long ago. Manziel said is happy Kingsbury got to return to his alma matter, but is still adjusting to the idea of playing without him.

"I'm the happiest guy on the face of the earth for him," Manziel said, speaking from California where he appeared on the "Tonight Show" Monday evening. "I think he deserves it with how hard he's worked this year to get us where we were. It's bittersweet though, because I'd like him to be here for the entire time that I'm here."

Manziel is eager to get back on the field for the Cotton Bowl and is focused on helping the offense pick up where it left off in the regular-season finale.

"Even though Kliff Kingsbury's not here anymore, we just need to continue to get better and do what we do," Manziel said. "Push tempo, go fast and be the high-flying offense that we have been all year."

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AP Sports Writer Steven Wine contributed to this story from Miami.

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Church Officials Call on Filipinos to Campaign Against Birth Control Law

MANILA — After losing a battle to stop the passage of a contentious birth control law, Roman Catholic Church officials on Tuesday dug in and instructed their millions of followers to campaign against the measure in communities, schools and homes.

“Let us intensify the moral spiritual education of our youth and children so that they can stand strong against the threats to their moral fiber,” Archbishop Socrates Villegas said in a statement. “Let us use all the means within our reach to safeguard the health of expectant mothers in our communities.”

The Philippine Congress passed legislation on Monday to help the country’s poorest women gain access to birth control. Each chamber of the national legislature passed its own version of the measure, and minor differences between the two must be reconciled before the measure goes to President Benigno S. Aquino III for his signature.

The measure had been stalled for more than a decade because of determined opposition from the church in this overwhelmingly Catholic country.

Birth control is legal and widely available in the Philippines for people who can afford it, particularly those living in cities. But condoms, birth control pills and other forms of contraception are sometimes kept out of community health centers and clinics by local government and Catholic Church officials.

The measure passed on Monday would stock government health centers, including those in remote areas, with free or subsidized birth control options for the poor. It would also require sex education in public schools and family-planning training for community health officers.

Archbishop Villegas, the vice president of the Catholic Bishops Conference of the Philippines, on Tuesday encouraged Catholics to resist the measure by disseminating information about natural family planning methods and warning people about “the hazardous effects of contraceptive pills on the health of women.”

“Let us conduct our own sex education of our children insuring that sex is always understood as a gift of God,” Archbishop Villegas stated. “Sex must never be taught separate from God and isolated from marriage.”

Bishop Gabriel V. Reyes, chairman of the conference’s Episcopal Commission on Family and Life, said after the vote Monday that “we need to explain to our fellow believers that they ought to refuse contraceptives even when they are being offered these.”

The Philippines has one of the highest birthrates in Asia, but backers of the legislation, including the Aquino administration, have said repeatedly that its purpose is not to limit population growth. Rather, they say, the bill is meant to offer poor families the same reproductive health options that wealthier people in the country enjoy.

Though lacking the numbers needed to defeat the legislation, lawmakers who opposed the measure sought to delay the vote. In one instance, an opposition senator proposed 35 amendments just before a vote was to take place.

Often the debate took bizarre turns, as when a congressman claimed that the birth control measure was a plot by the Philippine Communist Party to take over the government.

In another instance, a male senator requested removal of the phrase “satisfying sex” from a passage in the bill that referred to “safe and satisfying sex.” Several female senators opposed its removal, and the amendment was debated live on television while social media networks crackled with sarcastic commentary. “I am a Filipina,” Senator Miriam Santiago said in response to the amendment. “I am also a married woman, and I insist whoever is married to me should give me safe and satisfying sex, period.”

During a vote on the measure in the House of Representatives, the boxer and congressman Manny Pacquiao linked the birth control measure to his having been knocked unconscious on Dec. 8 by Juan Manuel Marquez during their W.B.O. world welterweight fight in Las Vegas.

“Some thought I was dead,” Mr. Pacquiao said in a speech explaining his vote against the measure. “What happened in Vegas strengthened my already firm belief in the sanctity of life.” He added: “Manny Pacquiao is pro-life. Manny Pacquiao votes no.”

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