RIM shares dive as fee changes catch market off guard

(Reuters) – Shares of BlackBerry maker Research In Motion Ltd dropped 20 percent on Friday on fears that a new fee structure for its high-margin services segment could put pressure on the business that has set the company apart from its competitors.

The shares were still more than 80 percent above the year’s low, which was hit in September. They started to rally in November as investors began to bet that RIM’s long-awaited new BlackBerry 10 phones, to be launched in January, would turn the company around.

The services segment has long been RIM’s most profitable and accounts for about a third of total revenue. Some analysts said there was a risk that the fee changes could endanger its service ecosystem and leave the Canadian company as just another handset maker.

The fee changes, which RIM announced on Thursday after the close, overshadowed stronger-than-expected quarterly results. The company said the new pricing structure would be introduced with the BlackBerry 10 launch, expected on January 30.

RIM said some subscribers would continue to pay for enhanced services such as advanced security. But under the new structure, some other services would account for less revenue, or even none at all.

Chief Executive Thorsten Heins tried to reassure investors in a television interview with CNBC on Friday, saying RIM’s “service revenue isn’t going away”.

He added: “We’re not stopping. We’re not halting. We’re transitioning.”

Since taking over at RIM in January, Heins has focused on shrinking the company and getting it ready to introduce its new BB10 devices, which RIM says will help it claw back ground it has lost to competitors such as Apple Inc and Samsung Electronics.

But the news of the new services pricing strategy came as a shock to markets, and some analysts cut their price targets on RIM stock.

RIM will not be able to sustain profitability by relying on its hardware business alone, said National Bank Financial analyst Kris Thompson, whom Thomson Reuters StarMine has rated the top RIM analyst based on the accuracy of his estimates of the company’s earnings.

Thompson downgraded RIM’s stock to “underperform” from “sector perform” and cut his price target to $ 10 from $ 15.

Forrester Research analyst Charles Golvin said the move was likely about stabilizing market share: “At the moment, they need to stem the bleeding.”

He said the tiered pricing might line up better with RIM’s subscriber base as it expands in emerging economies.

RIM’s Nasdaq-listed shares were down 19.8 percent at $ 11.32 on Friday afternoon. The stock was down 19.6 percent to C$ 11.21 on the Toronto Stock Exchange.

COUNTDOWN TO LAUNCH

The success of the BB10 will be crucial to the future of RIM, which on Thursday posted its first-ever decline in total subscribers. Heins said on CNBC that the company expected to ship millions of the new devices.

He cautioned that this will require heavy investment, which will reduce RIM’s cash position in its fourth and first quarters from $ 2.9 billion in its fiscal third quarter. He said, however, it would not go below $ 2 billion.

Still, doubts remain about whether RIM can pull off the transformation. Needham analyst Charlie Wolf said the BB10 would have to look meaningfully superior to its competitors for RIM to stage a comeback.

Canaccord Genuity analyst Michael Walkley said it was highly unlikely that the market would support RIM’s new mobile computing ecosystem, and he remained skeptical about the company’s ability to survive on its own.

“We believe RIM will eventually need to sell the company,” said Walkley, who cut his price target on RIM shares to $ 9 from $ 10.

Baird Equity Research analysts said BB10 faced a daunting uphill battle against products from Apple, as well as those using Google Inc’s Android operating system, and, increasingly, phones with Microsoft Corp’s Windows 8 operating system.

Baird maintained its “underperform” rating on the stock, while Paradigm Capital downgraded the shares to “hold” from “buy” on uncertainty around the services revenue model.

“RIM has gone from having one major aspect of uncertainty – BlackBerry 10 adoption – to two, given an uncertain floor on services revenue,” William Blair analyst Anil Doradla said.

RIM will have to discount BB10 devices significantly to maintain demand, Bernstein analyst Pierre Ferragu said.

The BlackBerry, however, still offers the security features that helped it build its reputation with big business and government, a selling point with some key customers.

Credit Suisse maintained its “neutral” rating on the stock, but not because it expected BB10 to be a big success.

“Only the potential for an outright sale of the company or a breakup keeps us at a neutral,” Credit Suisse analysts said.

Separately on Friday, ailing Finnish mobile phone maker Nokia said it had settled its patent dispute with RIM in return for payments. Nokia did not disclose detailed terms, but said the deal included a one-time payment to be booked in the fourth quarter, as well as ongoing fees, all to be paid by RIM. [ID:nL5E8NL22K]

($ 1=$ 0.98 Canadian)

(Reporting by Chandni Doulatramani in Bangalore and Allison Martell in Toronto. Additional reporting by Sinead Carew in New York; Editing by Ted Kerr, Dale Hudson, Janet Guttsman,; Lisa Von Ahn and Peter Galloway)

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Singer Odell first male to win Brit newcomer award

LONDON (Reuters) – Singer-songwriter Tom Odell was named the Brit Awards’ tip for the top in 2013, the first male artist to receive the honor previously won by chart queens including Adele and Jessie J.

The 22-year-old, whose musical style and voice has drawn comparisons to Coldplay lead singer Chris Martin, beat London electronic duo AlunaGeorge and classically trained soul singer Laura Mvula to the Critics’ Choice Award.

Selected by a panel of music industry experts, the annual prize goes to a British artist tipped for mainstream success, and previous winners have gone on to top charts in Britain and beyond.

“Looking at the list of amazing female artists who have won the Award already, I just hope I don’t let the boys down!” Odell said in a statement.

He released his debut E.P. “Songs From Another Love” in late 2012 and followed up with a performance on the popular live music show “Later…with Jools Holland“.

Odell also appears on the BBC’s Sound of 2013 longlist and MTV’s Brand New For 2013 selection of 10 up-and-coming artists, as the music business seeks to identify the chart-toppers of tomorrow.

Many acts, including Odell, already have record deals with major labels.

(Reporting by Mike Collett-White, editing by Paul Casciato)

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For Tracy Anderson, Fitness Expert, Always a New Move

Erin Baiano for The New York Times

Tracy Anderson, center, teaching a fitness class at her studio in TriBeCa. Her classes and DVDs have attracted devoted followers — and, she says, mimics.

TRACY ANDERSON, the tiny blond fitness guru perhaps best known as Gwyneth Paltrow’s trainer and business partner, is as bright and sparkly as the Swarovski crystal-encrusted iPhone case she was admiring one recent Thursday.

“I love this!” she squealed, bouncing on the sofa of the Greenwich Hotel. Then she turned the case over and spied a fighting word: Soul, short for SoulCycle, a popular chain of cycling studios in New York and Los Angeles.

She looked as if she had swallowed something sour, and nearly dropped the bejeweled case. Her girlishness disappeared, and she said flatly: “I can get you better legs than them.”

Ms. Anderson, 37, claims that SoulCycle, through a former employee of hers, uses one of her inventions: a system of resistance bands that hangs from the ceiling. (A SoulCycle spokeswoman had no comment.)

The cycling studios are just one target of the combative Ms. Anderson. At least half a dozen of her former employees have released exercise DVDs or have opened their own studios — their clients include Madonna, Anne Hathaway and Kelly Ripa — many peddling workouts she said were derived in “an opportunistic way” from the intense, heart-in-throat dance routines and minimal-weight, high-repetition “muscular structure” moves Ms. Anderson has spent 14 years perfecting.

Her influence can be found in almost any gym featuring the type of jump-heavy cardio dance classes she has popularized or a version of what Ms. Anderson calls her “weird free arms” — essentially waving the arms from every conceivable angle for minutes at a time.

“It makes me sad for humanity, actually, that people would take all my hard work and then pose like they have a method that they have tried and tested,” she said of her former employees, becoming so angry she struggled for words. “They’re not even lip-syncing what I do. They’re, like, karaokeing off my songs.”

She added: “But the nice thing about it is that as a company, Gwyneth and I have been really smart like Coca-Cola and we didn’t teach any of those trainers how or why I move the way I do.”

Ms. Anderson, who was born in Indiana, studied musical theater for two years at the American Musical and Dramatic Academy in New York. She insisted she did not owe anything to Jane Fonda, the original dance aerobics queen, because Ms. Fonda was “a motivator, but she never claimed to have a method.”

Ms. Anderson described her own philosophy as “the method,” and talked passionately about the science behind it, tossing around terms like “proprioception perception,” “strength of synapses” and “muscle confusion.”

“I move across the large muscles in a way like when you were a kid you got an Indian burn, building collective strength between muscle groups,” she explained with a smile.

Ms. Anderson has not sought certification in fields like exercise physiology or teaching, she said, because, “I am so hard on myself with not deviating the amount of time that I have for research and development of the method.”

As for coming up with moves to slim problem areas where women are predisposed to store fat (“disproportionate struggle,” in Ms. Andersonspeak), she painted a vivid picture.

“I’m completely focused on how can I get forces to travel from opposing directions and end up creating a contraction in a muscle that’s going to then pull in,” she said. “And then as we lose the fat the muscular structure will be vibrating so well that it will have the connective tissues pull the skin back to it.”

Richard Cotton, an exercise physiologist and the national director of training for the American College of Sports Medicine in Indianapolis, said there is “a ton of research that disputes the idea of spot-reduction.”

“You can’t choose where the body loses fat,” he said.

Gary Diffee, a professor of kinesiology at the University of Wisconsin-Madison who examined some of her claims, said, “Like many things of this type, the science seems to be a mixture of true, kind of true, true but irrelevant to the point she is trying to make, and wrong.”

“The main thing is that she is getting people to move,” Dr. Diffee said.

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Emanuel explores Midway privatization

Mayor Rahm Emanuel's administration will explore the possibility of privatizing Midway Airport but will take a shorter-term, more tightly controlled approach than was employed by former Mayor Richard Daley's team on the city's first go-round.

Chicago's last try, a 99-year lease that would have brought in $2.5 billion, died in 2009 when the financial markets froze up.

The city's latest intentions are expected to be formally announced Friday, ahead of a Dec. 31 deadline for deciding whether to retain a slot for Midway in the Federal Aviation Administration's airport privatization pilot program. The city put off this decision several times previously.

The move, preliminary as it is, is sure to be politically charged, given the anger over the way Daley's 75-year parking meter privatization deal has played out, with proceeds used to plug operating deficits and meter rates rising sharply.

With that historical backdrop, Emanuel is suggesting a more conservative approach. It includes a shorter-term lease of less than 40 years; a "travelers' bill of rights" aimed at ensuring any changes will benefit passengers; and a continuing stream of revenue for the city, giving it a shot to capture some growth.

And unlike the parking meter and Chicago Skyway lease deals, a new Midway transaction would not allow proceeds to be used to plug operating deficits or to pay for operations in any way, Emanuel said in an interview Thursday.

"I will not let the city use it as a crutch to not make the tough decisions on the budget," he said.

But while a shorter lease and greater city control may play well locally, those sorts of terms may not appeal to investors, experts said in interviews this month.

"The shorter the lease term, the lower the bid prices are going to be — that's just the math," said Steve Steckler, chairman of the Infrastructure Management Group, a Bethesda, Md.-based company that advises infrastructure owners and operators. "I'd be shocked if investors offered more than $2 billion for a 40-year lease," Steckler said.

Emanuel said: "Nobody knows until you talk to people. … I'm the mayor and I'm not agreeing to … 99 years. I'm saying it's either 40 years or less." His office has not offered an estimate of what such a deal could bring in, saying it would be premature.

"No final decisions have been made, but we can't make a decision until we evaluate fully if this could be a win for Chicagoans," Emanuel said.

A private operator would take over management of such revenue-producing activities as food, beverage and car rental concessions and parking lots. The FAA would continue to provide air traffic control, while the Transportation Security Administration would continue to provide security operations. The city would retain ownership.

Few details were provided about how privatization would affect travelers and Midway employees. Emanuel said specifics will emerge over time.

By year's end, the city will send the FAA a preliminary application, a timetable and a draft "request for qualification," a document the city will put out early next year to identify qualified bidders for the project. A review of the potential bidders will be conducted in the spring.

Last year, Emanuel expressed hesitation in pursuing a private lease for Midway unless a careful vetting process was in place, saying taxpayers were correct to be wary, given the city's history.

The evaluation process will be deliberate and open to public view, he said Thursday.

He pledged to create a committee of business, labor and civic leaders that will provide updates to the public on a regular basis and that will select an independent adviser to vet the transaction. The committee will deliver a report to the City Council, and there will be a 30-day review period before any vote.

"I set up a different process and a different set of principles that stand in stark contrast to what was discussed or done in the past," Emanuel said.

The FAA pilot program frees cities from regulations that require airport revenue to be used for airport purposes. It allows money to be withdrawn for other uses.

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Judge refuses to erase 'code of silence' verdict

Security tape captures former Chicago police Officer Anthony Abbate beating up bartender Karolina Obrycka at Jesse's Shortstop Inn in Chicago in February 2007.

By David Heinzmann




Tribune reporter

2:47 p.m. CST, December 20, 2012

A federal judge Thursday turned down the request by Mayor Rahm Emanuel’s administration to erase a jury’s finding that the Chicago Police Department has a “code of silence” to protect rogue officers.

The ruling came in the case of the notorious videotaped barroom beating of a female bartender by an off-duty police officer. The ruling means the bartender will still get an $850,000 jury award from the November verdict in her lawsuit against the police department.

U.S District Judge Amy St. Eve said the city turned down reasonable settlement offers from plaintiff Karolina Obrycka for six years and decided to take the case to trial “knowing that an adverse judgment was a risk.”

Under these circumstances, to let the city set aside the outcome after the jury has spoken could set a bad precedent that would deter parties from settling cases before the public expense of a trial in the future, she wrote.

“The judgment in this case has ramifications for society at large, not just the city’s litigation strategies.”

The judge said her decision was influenced by the fact that the city acknowledged in court that they had agreed to pay Obrycka her money now, and not appeal the case, regardless of the outcome of the motion. Because of that, St. Eve wrote, the needs of the parties in the case were less important than the public’s interest in a judgment that puts the “code of silence” on the law books as a fact.

Obrycka’s lawyer said St. Eve’s ruling won’t impact the former bartender in any way. “Regardless of how the judge ruled, (city officials) have to pay her by the end of the month," lawyer Terry Ekl said.

Ekl said the $850,000 will all go to Obrycka because he has waived any claim to the judgment and will take his payment in the case from the city. Attorneys fees are the only remaining issue to be settled in the case and St. Eve will handle negotiations over what Ekl’s team receives.

He said he filed bills to the city for more than 5,400 hours of work in the case and setting an hourly rate for that time will be the issue for negotiation. Whatever the rate, fees are likely to be in the millions of dollars.

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Acer will beat Google to market with its own $99 tablet

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Taylor Swift keeps Bruno Mars out of Billboard 200 top spot

LOS ANGELES (Reuters) – Country pop star Taylor Swift held her reign at the top of the Billboard 200 album chart on Wednesday, keeping retro-inspired R&B singer Bruno Mars‘ new album at bay.

Swift’s latest album, “Red,” released in October, held the No. 1 slot for a fifth non-consecutive week with sales of 208,000, according to figures from Nielsen SoundScan.

Mars’ second album, “Unorthodox Jukebox,” sold 192,000 copies in its opening week to take the No. 2 slot.

The album’s lead single, “Locked Out of Heaven,” stayed at the top spot on the Billboard Hot 100 chart for a second week, and is the singer’s fourth chart-topping single. It also tops the Digital Songs chart this week.

Hip hop artist The Game entered the chart at No. 6 with his fifth studio album, “Jesus Piece,” selling 86,000 copies.

Four festive albums sat in the top ten this week, with Michael Buble‘s “Christmas” at No. 3, Rod Stewart‘s “Merry Christmas Baby” at No. 5, Blake Shelton‘s “Cheers, It’s Christmas” at No. 8, and Lady Antebellum‘s “On This Winter’s Night” at No. 10.

(Reporting by Piya Sinha-Roy Editing by Jill Serjeant, Gary Hill)

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Illinois jobless rate falls to 8.7%

Illinois' unemployment rate dipped to 8.7 percent in November. (Bloomberg file photo / December 20, 2012)

Associated Press

12:30 p.m. CST, December 20, 2012

Illinois' unemployment rate dipped to 8.7 percent in November as the economy added 16,400 jobs.

Preliminary data released Thursday by the Illinois Department of Employment Security indicate the largest monthly job gain of the year. There still are 574,600 Illinoisans out of work. The rate does not reflect unemployed people who've quit looking for work.

IDES Director Jay Rowell says November's job growth is encouraging and "reinforces the trend of positive economic momentum."

But he says progress will slow if Congress and the president fail to come to a resolution on the so-called fiscal cliff.

November's seasonally adjusted rate is one-tenth of a percentage point lower than in October and 1.1 percentage points lower than November 2011.

Most job gains last month were in professional and business services and manufacturing.

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Obama wants gun policy recommendations in a month

WASHINGTON (Reuters) - President Barack Obama directed a Cabinet group on Wednesday to give him recommendations by next month on ways to tighten the regulation of guns in the wake of the Connecticut massacre of schoolchildren.

Responding to national outrage over Friday's killing of 20 children, aged 6 and 7, Obama held a White House news conference to announce that Vice President Joe Biden will lead an effort to craft policies to crack down on gun violence.

Obama said he believed Americans would support the reinstatement of a ban on the sale of military-style assault weapons, a ban on the sale of high-capacity ammunition clips, and a law requiring background checks on buyers before all gun purchases, which would close a loophole that allows sales at open-air gun shows without such background checks.

Saying gun control cannot be the only solution to the problem, Obama expressed support for making it easier for Americans to get access to mental health care - "at least as easy as access to a gun."

Under pressure from fellow Democrats to act, Obama insisted the guns issue would not be ignored this time. Previous appeals for more gun regulation have died even as mass shootings have continued.

With Biden at his side, Obama said the group would give him proposals that he could outline in his State of the Union speech in late January. Cabinet members involved include Attorney General Eric Holder, Homeland Security Secretary Janet Napolitano, Health and Human Services Secretary Kathleen Sebelius and Education Secretary Arne Duncan.

"This is not some Washington commission. This is not something where folks are going to be studying the issue for six months and publishing a report that gets read and then pushed aside. This is a team that has a very specific task to pull together real reforms right now," Obama said.

The Newtown, Connecticut, shootings of so many schoolchildren by a 20-year-old man have shocked Americans in ways that previous mass shootings have not. The gunman's mother and six adults at the school were also killed before the gunman shot himself.

Some previously adamant opponents of increased gun control have expressed a willingness to consider more regulation. Even the powerful National Rifle Association, the lobby group that has sought time and again to stymie gun legislation, said this week that it would be prepared to offer meaningful contributions to ensure there is no repeat of Newtown.

WAKE-UP CALL

Obama himself has done little to rein in America's gun culture in his four years in office. His administration has to a certain extent expanded gun rights by permitting the carrying of firearms in national parks.

Asked why he has been a no-show on the subject until now, Obama defended himself, saying he has been dealing with the worst economic crisis since the Great Depression and wars in Iraq and Afghanistan.

"I don't think I've been on vacation," he said. The Newtown massacre, he said, "should be a wake-up call for all of us."

Whatever steps Obama's task force comes up with are likely to face some criticism because many Republicans see the U.S. Constitution's Second Amendment right to bear arms as sacrosanct.

"What we're looking for here is a thoughtful approach that says we can preserve our Second Amendment, we can make sure that responsible gun owners are able to carry out their activities, but that we're gonna actually be serious about the safety side of this," Obama said.

Obama has tapped Biden to lead other high-profile initiatives, including efforts on a deficit-reduction compromise with congressional Republicans in 2011.

U.S. Representative Ron Barber, who was wounded in a 2011 Arizona shooting that targeted his predecessor, Gabrielle Giffords, welcomed the effort and echoed other Democratic lawmakers' calls to ban military-grade guns.

"We cannot go on blithely believing that we can solve this problem in other ways. We have to look at the weaponry used and we have to look at the people who use it and we have to do something about both," Barber said at a news conference earlier at the Capitol.

Friday's massacre was the fourth shooting rampage to claim multiple lives in the United States this year.

(Additional reporting by Roberta Rampton and Patricia Zengerle; Writing by Steve Holland; editing by Doina Chiacu)

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Wii U finally gets Nintendo’s TVii service on December 20th

After a month-long delay, Nintendo (NTDOY) will launch its Nintendo TVii service for the Wii U on December 20th in the U.S. and Canada. Nintendo TVii is the company’s take on organizing all of the various video streaming and DVR services a user might subscribe to and then displaying them in an easy-to-navigate touchscreen-based interface on the Wii U GamePad. With Nintendo TVii, Nintendo hopes to make content discovery an easier task, rather than a chore. At the same time, Nintendo TVii will offer new “second-screen” experiences (similar to Xbox SmartGlass) with built-in social sharing options to Facebook (FB), Twitter and the Wii U console’s Miiverse.

[More from BGR: BlackBerry 10 browser smokes iOS 6 and Windows Phone 8 in comparison test [video]]

[More from BGR: LG’s woeful comeback attempt]

Nintendo TVii will support Amazon (AMZN) Instant Video, Hulu Plus and cable and satellite providers on Thursday, but Netflix (NFLX) and TiVo (TIVO) support won’t hit the U.S. until “early 2013.” Nintendo didn’t state when TVii support for the latter two will hit Canada.

For the consumer’s sake, we hope the download for Nintendo TVii doesn’t take as long as past system updates.

Nintendo’s press release follows below.

Nintendo Makes TV Smart and Social – Nintendo TVii Launches Dec. 20

New Wii U Service Gives Every Member of the Family His or Her Own Personalized, Easy-to-Use Second-Screen Viewing Experience

REDMOND, Wash.–(BUSINESS WIRE)–The company that changed how we play is about to change how we watch. On Dec. 20, Nintendo will introduce Nintendo TVii, a free, integrated service for the recently launched Wii U console that combines what you watch and how you watch into one seamless, second-screen experience on the revolutionary new Wii U GamePad controller.

The rapid increase in both the quality and availability of video entertainment content – hundreds of satellite and cable channels, a seemingly endless amount of video-on-demand options – has made finding something to watch a complex and occasionally frustrating process. The solution to this problem is coming from perhaps an unexpected place: a video game console.

“After Dec. 20, you’ll never look at your TV the same way again,” said Nintendo of America President and COO Reggie Fils-Aime. “Wii U owners have already experienced the transformative effect that the GamePad has on game play and social interaction. Nintendo TVii shows how the integrated second screen of the GamePad can also transform and enhance the TV viewing experience. Welcome to the new world of TVii.”

Nintendo TVii maximizes Wii U owners’ current cable, satellite and video-on-demand services by pulling all of their available content sources – such as a Comcast cable package or Hulu Plus subscription – into one place. This empowers Wii U owners to focus on whatthey want to watch and not how they want to watch. And once users find the show, sporting event or movie they want, they press an icon and Nintendo TVii does the rest.

In addition to greatly simplifying finding and watching video content, Nintendo TVii also includes a series of social features that enable Wii U owners to share experiences and exciting moments with friends as they are happening on live TV. People can engage with others by commenting and sharing on Miiverse, Facebook and Twitter. Or they can comment, post or tweet about an incredible touchdown, a remarkable performance or a shocking plot twist, all using the personal screen of the Wii U GamePad.

Nintendo TVii requires no additional equipment and can be enjoyed with very little setup, demonstrating what’s possible when the second screen is truly integrated with the TV. Wii U owners can also discover more information about what they’re watching by easily accessing information on the GamePad via an Internet connection, including cast details, movie reviews from Rotten Tomatoes and sports data such as live stats and scores.

Nintendo TVii launches in the United States and Canada on Dec. 20. At launch, the service will support cable and satellite providers in both regions, as well as direct integration with Amazon Instant Video and Hulu Plus subscriptions in the United States. Further integration with Netflix subscriptions and TiVo are expected in early 2013 in the United States. Wii U owners with a Netflix subscription can still access the Netflix application from the Wii U system’s main menu and enjoy their favorite content accordingly.

All elements of the Nintendo TVii service are included in the purchase price of the Wii U system. Users will define which services they currently subscribe to – including the channel lineup in their cable package and video-on-demand service subscriptions – as part of the setup process.

Nintendo TVii observes the Wii U system parental controls, and additional options specific to the Nintendo TVii features can be chosen in the Nintendo TVii settings. Every member of the family can create a different viewing profile. For more information about this and other features, visit http://www.nintendo.com/wiiu.

This article was originally published by BGR

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