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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NY appeals court takes up Cameron Douglas case

NEW YORK (AP) — The Douglas name — first with patriarch Kirk and later with son Michael — has always meant gold for Hollywood. But drama for the third generation of the Douglas family has occurred mostly off-screen, where Cameron Douglas has battled drug addiction and legal troubles.

In papers submitted for appeals court arguments Wednesday, prosecutors and a lawyer for Cameron Douglas have retold in greater detail than before how a man who seemed to have so many advantages in life could land in prison for a decade on a drug conviction.

The dispute is over Manhattan Judge Richard M. Berman‘s decision to double Douglas’ five-year prison term after he committed several new drug infractions, including convincing a lawyer-turned-love interest to sneak drugs into prison for him in her bra on three or four occasions.

Berman said he had not “ever encountered a defendant who has so recklessly and wantonly and flagrantly and criminally acted in as destructive and (as) manipulative a fashion as Cameron Douglas has.”

In his brief, Douglas’ lawyer Paul Shechtman called the additional sentence “shockingly long,” saying it “may be the harshest sentence ever imposed on a federal prisoner for a drug possession offense.”

Douglas, 34, was originally accused of distributing and conspiring to distribute more than 4.5 kilograms of methamphetamine and 20 kilograms of cocaine from August 2006 until his July 28, 2009, arrest at a Manhattan hotel. At the time, he was so visibly high on heroin that he was taken first to a hospital before he was brought to court, and it was later learned he had been shooting heroin five to six times a day for five years, Shechtman noted.

He was released from custody on the condition that he remain under “house arrest” with a private security guard at his mother’s apartment, Shechtman said. Within days, he persuaded his girlfriend, Kelly Sott, to smuggle heroin to him, hidden in an electric toothbrush. Once discovered, his bail was revoked and he was incarcerated. Sott pleaded guilty to a misdemeanor in a plea deal and was sentenced to the seven months she had already served.

Still, Douglas gained leniency from what otherwise could have been a mandatory 10-year prison sentence by cooperating with the government, contacting his suppliers by telephone and text messages as law enforcement agents watched. As a result, two drug suppliers were arrested and convicted. Douglas testified at the trial of one supplier.

Douglas was sentenced to five years in prison for a Jan. 27, 2010, guilty plea to narcotics distribution charges even before his cooperation was completed.

At sentencing, Berman noted that the Douglas family had staged interventions for Douglas that he had refused and that two decades of drug addiction treatment had been unsuccessful. He said it appeared incarceration had produced the longest period of sobriety for Douglas since he was 13.

However, it was learned afterward that even prior to the April 20, 2010, sentencing, Douglas had persuaded one of his attorneys — a 33-year-old associate at a law firm with whom lawyers said he also had a romantic relationship — to smuggle Xanax pills to him in prison. Shechtman said she “apparently became enamored of Cameron during frequent visits.”

He admitted that he had shared the 30 Xanax pills with other inmates and that he had also smoked cigarettes, gambled, snorted substances and committed other infractions while in prison.

Shortly after testifying at the Oct. 3, 2011, trial of a drug supplier, prison staff caught Douglas with the opioid dependence medication Suboxone and a white powdery substance believed to be heroin. The prison punished him with disciplinary segregation for 11 months and canceled nearly three months of his good conduct time.

On Oct. 20, 2011, Douglas again pleaded guilty to drug possession, agreeing in a plea deal that the sentencing range should be an additional 12 to 18 months in prison. Prosecutors say that within a week of the plea, the government learned from a cooperating defendant in another case that Douglas had misled the government about how he obtained heroin while in prison.

Douglas had claimed he got it in a television room or at a church service or that he obtained the heroin by chance, picking it up off the floor after another inmate dropped it, the government said. But prosecutors say the cooperator revealed he had brought Douglas the drugs directly to his cell.

In court papers, Shechtman blamed Cameron Douglas’ long history of substance abuse and growing up with little parental support.

“While still a young teenager, he drank heavily and began selling drugs after his father sharply limited snorting cocaine,” he said. “He used illegal drugs to self-medicate — to ward off depression and panic attacks.”

He began using intravenous cocaine at age 20 and then started using heroin so that by age 25, “his life revolved around heroin,” Shechtman said.

His friends were fellow users, who gravitated to him because of his access to family money, which supported their habits, the lawyer said. His drug habit led him to be fired from a movie in which he had a minor role in 2006.

“Exasperated, his father gave him an ultimatum: enter a drug rehabilitation program or have his access to family money sharply limited. Cameron declined to enter treatment; his father carried out his threat; and Cameron turned to drug dealing to support his habit,” Shechtman wrote.

Shechtman argued that the judge had gone too far with Cameron Douglas, punishing an addict for something beyond his control.

“While we recognize that many of the words that the district court used to describe Cameron’s conduct — ‘reckless,’ ‘manipulative,’ ‘destructive,’ — were apt, the simple truth is that Cameron Douglas is a heroin addict who has yet to shake his habit,” he said.

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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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Property purchase near McCormick gets OK

Convention officials on Tuesday took a step toward acquiring properties north of McCormick Place for the potential development of hotels, restaurants and entertainment venues.

The Metropolitan Pier and Exposition Authority board approved the purchase of a parcel at 2101 S. Indiana Ave. for $5.1 million, with closing expected by year-end. A two-story building on the 23,126-square-foot property is now leased to operators of a methadone clinic.

The property is on the same block as a contested 1.23-acre parcel at 230 E. Cermak Rd., owned since 2005 by Olde Prairie Block Owner LLC. The company, led by developers Pamela Gleichman, Karl Norberg and Gunnar Falk, is fighting in U.S. Bankruptcy Court to retain that parcel as well as the entire block immediately to the east, at 330 E. Cermak, which it has owned since 1998 and hopes to develop as a convention hotel, a smaller boutique hotel and restaurants.

If Olde Prairie fails to show its plan is financially plausible at a hearing Dec. 27, Judge Jack Schmetterer has said he will dismiss it, opening the door for lender CenterPoint Properties Trust to take over the parcels and put them up for auction. Olde Prairie has been in default since early 2009.

Jim Reilly, CEO of the authority, the state-city agency that owns McCormick Place, declined to comment on whether the authority would pursue the Olde Prairie Block properties if they become available.

The authority, commonly known as McPier, has been in talks with DePaul University about the possibility of building an arena for men's basketball near McCormick Place, but Reilly said the purchase of the South Indiana parcel is an independent move aimed at ensuring the authority has room to develop such add-ons as more hotels, restaurants and entertainment venues. DePaul, whose Blue Demons play at the Allstate Arena in Rosemont, also has been in talks with the owners of the United Center.

Meanwhile, speculation has resurfaced about building a casino near McCormick Place, with questions about whether the Olde Prairie blocks would be considered. Reilly said he thinks they are too close to the exhibit halls. Convention officials have said a casino on the convention campus or its immediate vicinity could pull trade show attendees away from the show floor.

McPier's latest acquisition will add to a nearby parcel it already owns at 2100 S. Prairie Ave.

"Ultimately, our goal is to develop a more vibrant and interesting neighborhood for McCormick Place," Reilly said.

McPier will purchase the parcel on South Indiana from RZR Equities LLC, Noah LLC and Hinsdale 111 LLC.

A financial restructuring approved by the Illinois General Assembly in 2010 gave the authority additional borrowing capacity for expansion projects. McPier will use proceeds from expansion bonds to fund the purchase.

kbergen@tribune.com

Twitter @kathy_bergen

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22 face charges in NIU student's fraternity hazing death

Nearly two dozen members of a Northern Illinois University fraternity were charged with hazing crimes Monday after a student died following excessive drinking at a party last month.

On the night before his death, freshman David Bogenberger went from room to room in the Pi Kappa Alpha fraternity, answering a series of questions in exchange for vodka and other liquor over a two-hour period, authorities said.

It was a part of an annual ritual known as "parents' night," an alcohol-infused party in which senior members of the fraternity and associated sororities are assigned as mentors to new members. Bogenberger, a 19-year-old finance major from Palatine, had recently pledged the house in an effort to make friends at his father's alma mater.

"He wanted to be liked. He wanted to be accepted," said Peter R. Coladarci, the Bogenberger family attorney. "It's a classic case of a kid who just wants to fit in with the group."

Bogenberger's efforts to fit in proved fatal, as he was found dead in a fraternity house bed the next morning. Subsequent tests found his blood alcohol content was about five times the legal limit for driving of 0.08 percent at the time of his death, authorities said.

NIU regularly approves parents' night parties, but police say fraternity leaders intentionally kept the event a secret from campus officials so they could serve liquor without oversight. Registered gatherings typically include inspections to ensure that university rules are being followed.

The alleged deceit led to criminal charges against 22 members of the fraternity, which ceased operation shortly after Bogenberger's Nov. 2 death.

DeKalb County authorities have charged five fraternity leaders with felony hazing in connection with the incident, authorities said. Seventeen others face misdemeanor charges.

"They knowingly planned this event and did not seek to register it because of the kind of event they were going to provide, because of the amount of alcohol that was to be consumed," DeKalb Police Department Lt. Jason Leverton said.

Charged with felony hazing are the fraternity's president, Alexander M. Jandick, 21, of Naperville; its vice president, James P. Harvey, 21, of DeKalb; pledge adviser Omar Salameh, 21, of DeKalb; secretary Patrick W. Merrill, 19, of DeKalb; and event planner Steven A. Libert, 20, of Naperville, authorities said.

Felony hazing carries a possible prison sentence of one to three years, though probation is an option. The misdemeanor hazing charge carries a penalty of up to 364 days in jail, with probation as an option.

In a statement released through DeKalb authorities, Bogenberger's family it still was grappling with his death and a future without him. The family also acknowledged concern for the families of those charged Monday.

"We have no desire for revenge. Rather, we hope that some significant change will come from David's death," the statement read. "Alcohol poisoning claims far too many young, healthy lives. We must realize that young people can and do die in hazing rituals. Alcohol-involved hazing and initiation must end."

One of the fraternity officers called the Bogenberger family in Florida over the weekend to express his regret, Coladarci said. The student -- who Coladarci believes was among those charged -- gave his account of the evening and acknowledged errors in judgment, the attorney said.

The family believes the charges were necessary to prevent future hazing incidents, Coladarci said. He declined to discuss possible punishments, only saying the family is not seeking "an eye for an eye" and does not want to see any "harm" done to those charged.

"These kind of hazing incidents are commonplace on college campuses, and I think these kids don't understand that you can die from it," he said. "This is a national health epidemic, which must be addressed."

A spokesman for the Pi Kappa Alpha headquarters in Memphis, Tenn., did not respond to requests for comment.

NIU has placed temporary sanctions against the fraternity, meaning that it cannot operate as a student organization, NIU spokesman Paul Palian said. The fraternity faces disciplinary charges that could lead to permanent sanctions.

NIU also announced disciplinary charges Monday against 31 fraternity members. The charges stem from violations of the student code of conduct regarding hazing and alcohol consumption.

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“Silver Linings Playbook” sweeps Satellite Awards

LOS ANGELES (TheWrap.com) – “Silver Linings Playbook” was the big winner at Sunday night’s Satellite Awards, a show produced by and voted on by the International Press Academy and held at the Intercontinental Hotel in Beverly Hills.

The David O. Russell comedy, which has been overshadowed in the awards picture by more recent films like “Les Miserables” and “Zero Dark Thirty,” won five awards, including Best Motion Picture. Rusell won the award for directing, while stars Bradley Cooper and Jennifer Lawrence were named best actor and actress. The film also won for editing.

Supporting actor and actress awards went to Anne Hathaway for “Les Miserables” and Javier Bardem for “Skyfall.”

Mark Boal won the original-screenplay award for “Zero Dark Thirty,” while David Magee won the adapted-screenplay honor for “Life of Pi.”

Other winners: “Rise of the Guardians,” best animated film; “Chasing Ice,” best documentary; and a tie between “The Intouchables” and “Pieta” for best foreign film.

Proving that the IPA is a body of voters inclined toward sweeps, the television series “Homeland” and “The Big Bang Theory” each won three awards in the TV categories, picking up honors as best drama and comedy series, respectively, and also winning the actor and actress awards.

The awards:

FILM AWARDS

Motion picture: “Silver Linings Playbook”

Director: David O. Russell, “Silver Linings Playbook”

Actor: Bradley Cooper, “Silver Linings Playbook”

Actress: Jennifer Lawrence, “Silver Linings Playbook”

Supporting actor: Javier Bardem, “Skyfall”

Supporting actress: Anne Hathaway, “Les Miserables”

Original screenplay: Mark Boal, “Zero Dark Thirty”

Adapted screenplay: David Magee, “Life of Pi”

Motion picture, animated or mixed media: “Rise of the Guardians”

Motion picture, documentary: “Chasing Ice”

Motion picture, international: (tie) “The Intouchables,” “Pieta”

Cinematography: Claudio Miranda, “Life of Pi”

Editing: Jay Cassidy and Crispin Struthers, “Silver Linings Playbook”

Score: Alexandre Desplat, “Argo”

Song: “Suddenly” from “Les Miserables”

Sound (editing and mixing): Andy Nelson, John Warhurst, Lee Walpole, Simon Hayes, “Les Miserables”

Visual effects: Michael Lantieri, Kevin Baillie, Ryan Tudhope, Jim Gibbs, “Flight”

Art direction & production design: Rick Carter, Curt Beech, David Crank, Leslie McDonald, “Lincoln”

Costume design: Manon Rasmussen, “A Royal Affair”

TELEVISION AWARDS

Miniseries or movie made for television: “Hatfields & McCoys”

Actor in a miniseries/movie made for television: Benedict Cumberbatch, “Sherlock

Actress in a miniseries/movie made for television: Julianne Moore, “Game Change”

Supporting actor in a miniseries/TV movie: Neal McDonough, “Justified”

Supporting actress in a miniseries/TV movie: Maggie Smith, “Downton Abbey”

Drama series: “Homeland”

Genre series: “Walking Dead”

Actor in a drama: Damian Lewis, “Homeland”

Actress in a drama: Claire Danes, “Homeland”

Comedy or musical series: “The Big Bang Theory”

Actor in a comedy: Johnny Galecki, “The Big Bang Theory”

Actress in a comedy: Kaley Cuoco, “The Big Bang Theory”

SPECIAL ACHIEVEMENT AWARDS

Outstanding contribution to the entertainment industry: Terence Stamp

Nikola Tesla Award: Walter Murch

Auteur Award: Paul Williams

Honorary Satellite Award: Bruce Davison

Newcomer Award: Quvenzhane Wallis, “Beasts of the Southern Wild”

Humanitarian Award: Benh Zeitlin, “Beasts of the Southern Wild”

Motion picture ensemble: “Les Miserables”

Television ensemble: “Walking Dead”

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Recipes for Health: Not-Too-Sweet Wok-Popped Coconut Kettle Corn

Andrew Scrivani for The New York Times

Not-too-sweet coconut kettle corn.

I’m usually not a big fan of sweet kettle corn, but I wanted to make a moderately sweet version because some people love it and it is nice to be able to offer a sweet snack for the holidays. I realized after testing this recipe that I do like kettle corn if it isn’t too sweet. The trick to not burning the sugar when you make kettle corn is to add the sugar off the heat at the end of popping. The wok will be hot enough to caramelize it.

2 tablespoons coconut oil

6 tablespoons popcorn

2 tablespoons raw brown sugar

Kosher salt to taste

1. Place the coconut oil in a 14-inch lidded wok over medium heat. When the coconut oil melts add a few kernels of popcorn and cover. When you hear a kernel pop, quickly lift the lid and pour in all of the popcorn. Cover, turn the heat to medium-low, and cook, shaking the wok constantly, until you no longer hear the kernels popping against the lid. Turn off the heat, uncover and add the sugar and salt. Cover again and shake the wok vigorously for 30 seconds to a minute. Transfer the popcorn to a bowl, and if there is any caramelized sugar on the bottom of the wok scrape it out. Stir or toss the popcorn to distribute the caramelized bits throughout, and serve.

Yield: About 12 cups popcorn

Advance preparation: This is good for a few hours but it will probably disappear more quickly than that.

Nutritional information per cup: 59 calories; 3 grams fat; 2 grams saturated fat; 0 grams polyunsaturated fat; 0 grams monounsaturated fat; 0 milligrams cholesterol; 8 grams carbohydrates; 1 gram dietary fiber; 1 milligram sodium (does not include salt to taste); 1 gram protein

 

​Up Next: Granola

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

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McDonald's urging franchisees to open on Christmas

McDonald's Corp. is urging U.S. restaurant owners to take the unusual step of opening on Christmas Day to deliver the world's biggest hamburger chain with the gift of higher December sales, AdvertisingAge reported Monday.

The request -- which comes as McDonald's tangles with resurgent rivals such as Wendy's, Burger King and Yum Brands' Taco Bell chain -- would be a break from company tradition of closing on major holidays.

"Starting with Thanksgiving, ensure your restaurants are open throughout the holidays," Jim Johannesen, chief operations officer for McDonald's USA, wrote in a Nov. 8 memo to franchisees -- one of two obtained by AdvertisingAge.

"Our largest holiday opportunity as a system is Christmas Day. Last year, (company-operated) restaurants that opened on Christmas averaged $5,500 in sales," Johannesen said.

"The decision to open our restaurants on Christmas is in the hands of our owner/operators," McDonald's spokeswoman Heather Oldani told Reuters.

Don Thompson took over as chief executive at McDonald's in July and has the difficult task of growing sales from last year's strong results in a significantly more competitive environment.

McDonald's monthly global sales at established restaurants fell for the first time in nine years in October, but unexpectedly rebounded in November.

The November surprise was partly due to a 2.5 percent rise in sales at U.S. restaurants open at least 13 months.

"Our November results were driven, in part, by our Thanksgiving Day performance," Johannesen wrote in a Dec. 12 memo to franchisees.

Oldani said 1,200 more McDonald's restaurants were open on Thanksgiving this year versus last year -- not 6,000 more as AdvertisingAge reported.

Still, the company has a high hurdle when it comes to posting an increase in restaurant sales this month because its U.S. same-restaurant sales jumped 9.8 percent in December 2011.

"It's an act of desperation. The franchisees are not happy," said Richard Adams, a former McDonald's franchisee who now advises the chain's owner/operators.

The push to open on the holidays goes against McDonald's cultural history, said Adams. In his first published operations manual, McDonald's Corp. founder Ray Kroc said the company would close on Thanksgiving and Christmas to give employees time with their families, Adams said.

"We opened for breakfast on Thanksgiving the last couple years I was a franchisee. It was easy to get kids to work on Thanksgiving because they want to get away from their family, but not on Christmas," Adams said.

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President Obama: 'We will have to change' to keep our children safe

President Barack Obama is offering the Connecticut town grappling with the aftermath of a deadly school shooting "the love and prayers of a nation." (Dec. 16)

NEWTOWN, Conn.—

He spoke for a nation in sorrow, but the slaughter of all those little boys and girls turned the commander in chief into another parent in grief, searching for answers. Alone on a spare stage after the worst day of his tenure, President Barack Obama declared Sunday he will use “whatever power” he has to prevent shootings like the Connecticut school massacre.

“What choice do we have?” Obama said at an evening vigil in the shattered community of Newtown, Conn. “Are we really prepared to say that we're powerless in the face of such carnage, that the politics are too hard? Are we prepared to say that such violence visited on our children year after year after year is somehow the price of our freedom?”

For Obama, that was an unmistakable sign that he would at least attempt to take on the explosive issue of gun control. He made clear that the deaths compelled the nation to act, and that he was the leader of a nation that was failing to keep its children safe. He spoke of a broader effort, never outlining exactly what he would push for, but outraged by another shooting rampage.

“Surely we can do better than this,” he said. “We have an obligation to try.”

The massacre of 26 children and adults at Sandy Hook Elementary on Friday elicited horror around the world, soul-searching in the United States, fresh political debate and questions about the incomprehensible — what drove the 20-year-old suspect to kill his mother and then unleash gunfire on children.

A total of 6 adults and 20 boys and girls ages 6 and 7 were slaughtered.

Obama read the names of the adults near the top his remarks. He finished by reading the first names of the kids, slowly, in the most wrenching moment of the night.

Cries and sobs filled the room.

“That's when it really hit home,” said Jose Sabillon, who attended the interfaith memorial with his son, Nick, a fourth-grader who survived the shooting unharmed.

Said Obama of the girls and boys who died: “God has called them all home. For those of us who remain, let us find the strength to carry on and make our country worthy of their memory.”

Inside the room, children held stuffed teddy bears and dogs. The smallest kids sat on their parents' laps.

There were tears and hugs, but also smiles and squeezed arms. Mixed with disbelief was a sense of a community reacquainting itself all at once.

One man said it was less mournful, more familial. Some kids chatted easily with their friends. The adults embraced each other in support.

“We're halfway between grief and hope,” said Curt Brantl, whose daughter was in the library of the elementary school when the shootings occurred. She was not harmed.

The president first met privately with families of the victims and with the emergency personnel who responded to the shootings. The gathering happened at Newtown High School, the site of Sunday night's interfaith vigil, about a mile and a half from where the shootings took place.

Police and firefighters got hugs and standing ovations when they entered. So did Obama.

“We needed this,” said the Rev. Matt Crebbin, senior minister of the Newtown Congregational Church. “We needed to be together to show that we are together and united.”

Obama told Connecticut Gov. Dannel Malloy that Friday was the most difficult day of his presidency. The president has two daughters, Malia and Sasha, who are 14 and 11, respectively.

“Can we say that we're truly doing enough to give all the children of this country the chance they deserve to live out their lives in happiness and with purpose? I've been reflecting on this the last few days,” the president said, somber and steady in his voice. “And if we're honest with ourselves, the answer is no. We're not doing enough and we will have to change.”

He promised in the coming weeks to talk with law enforcement, mental health professionals, parents and educators on an effort to prevent mass shootings.

The shootings have restarted a debate in Washington about what politicians can to do help — gun control or otherwise. Obama has called for “meaningful action” to prevent killings.

Police say the gunman, Adam Lanza, was carrying an arsenal of ammunition big enough to kill just about every student in the school if given enough time. He shot himself in the head just as he heard police drawing near, authorities said.

A Connecticut official said the gunman's mother was found dead in her pajamas in bed, shot four times in the head with a.22-caliber rifle. The killer then went to the school with guns he took from his mother and began blasting his way through the building.

“There is no blame to be laid on us but there is a great burden and a great challenge that we emerge whole,” First Select Woman Patricia Llodra said. “It is a defining moment for our town, but it does not define us.”

Obama said his words of comfort would not be enough, but he brought them anyway, on behalf of parents everywhere now holding their children tighter.

“I can only hope that it helps for you to know,” he said, “that you are not alone in your grief.”

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iPad shipments could reach 100 million in 2013

Apple (AAPL) sold 42.8 million iPad tablets into channels through the first three quarters of 2012 and the most recent estimates suggest the company could ship 26 million more iPads during the holiday quarter. If Apple does manage to hit that record, total iPad shipments on the year would reach 68.8 million units. As impressive as that would be, however, DisplaySearch analyst David Hsieh thinks 2013 iPad sales could climb as high as 100 million units as iPad mini demand explodes.

[More from BGR: Has the iPhone peaked? Apple’s iPhone 4S seen outselling iPhone 5]

In 2012, Hsieh estimates that 9.7-inch iPad panel shipments — that is, shipments of iPad displays from suppliers to Apple’s manufacturing partners —  will have totaled 70 million units, including 23 million iPad 2 displays and 47 million third- and fourth-generation iPad panels. He also believes Apple’s suppliers will ship 13.6 million iPad mini displays by the end of the year.

[More from BGR: Sony’s PlayStation 4 could lose to the next Xbox before it’s even released]

Next year, however, the analyst sees Apple hitting a major milestone.

“In 2013, it is likely that Apple will adjust its product portfolio to meet the strong demand for the iPad mini,” Hsieh wrote in a post on DisplaySearch’s blog. ”We believe that Apple is targeting total iPad shipments of 100 million in 2013, half accounted for by the iPad mini, and 40 million new iPad and 10 million iPad 2, as production continues at least until the middle of 2013.”

DisplaySearch estimates that more than 170 million tablets will ship in 2013 and Apple’s iPad will account for 60% of the market.

This article was originally published by BGR

Gadgets News Headlines – Yahoo! News

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