Exclusive - Amazon to win e-book tussle with Apple

BRUSSELS (Reuters) - European Union regulators are to end an antitrust probe into e-book prices by accepting an offer by Apple and four publishers to ease price restrictions on Amazon, two sources said on Tuesday.


The decision hands online retailer Amazon victory in its attempt to sell e-books cheaper than its rivals in the fast-growing market that publishers hope will boost revenue and increase customer numbers.


Apple and the publishers offered in September to let retailers set their own prices or discounts for a period of two years, and also to suspend "most-favored nation" contracts for five years.


Such clauses bar Simon & Schuster, News Corp. unit HarperCollins, Lagardere SCA's Hachette Livre and Verlagsgruppe Georg von Holtzbrinck, the owner of German company Macmillan, from making deals with rival retailers to sell e-books more cheaply than Apple.


The agreements, which critics say prevent Amazon and other retailers from undercutting Apple's charges, sparked an investigation by the European Commission in December last year.


Pearson Plc's Penguin group, which is also under investigation, did not take part in the offer.


The EU antitrust authority, which in September asked for feedback from rivals and consumers about the proposal, has not asked for more concessions, said one of sources.


"The Commission is likely to accept the offer and announce its decision next month," the source said on Tuesday.


Antoine Colombani, spokesman for competition policy at the European Commission, said: "We have launched a market test in September and our investigation is still ongoing."


Amazon declined to comment, while Apple did not respond to an email for comments.


Companies found guilty of breaching EU rules could be fined up to 10 percent of their global sales, which in Apple's case could reach $15.6 billion, based on its 2012 fiscal year.


FROWNING ON ONLINE TRADE CURBS


Antitrust regulators tend to frown on restrictions on online trade and the case is a good example of this policy, said Mark Tricker, a partner at Brussels-based law firm Norton Rose.


"This case shows the online world continues to be a major focus for the Commission. They are looking at lots of different aspects of e-commerce, as this can have such a significant impact on consumers, development and innovation," he said.


"These markets change very quickly and if you don't stamp down on potential infringements of competition rules, you can have significant consequences."


UBS analysts estimate that e-books account for about 30 percent of the U.S. book market and 20 percent of sales in Britain but are minuscule elsewhere. Amazon created demand for e-books when it launched its e-Kindle reader, charging $9.99 for each book.


Apple's agency model let publishers set prices in return for a 30 percent cut to the maker of iPhone and iPad.


The U.S. Department of Justice is also investigating e-book prices. HarperCollins, Simon & Schuster and Hachette recently settled, but Apple, Penguin Group and Macmillan continue to fight the allegations.


(Editing by Rex Merrifield and David Goodman)


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Sharon Osbourne has double mastectomy: magazine
















LONDON (Reuters) – British celebrity Sharon Osbourne has had a double mastectomy after discovering she was carrying a gene that increased the risk of her developing breast cancer, she told Hello! magazine in an interview published on Monday.


Osbourne, 60, told the publication that the decision was a “no-brainer” in the end.













“As soon as I found out I had the breast cancer gene, I thought: ‘The odds are not in my favor’,” she said in remarks that also ran in the Daily Mirror tabloid.


“I’ve had cancer before and I didn’t want to live under that cloud: I decided to just take everything off, and had a double mastectomy.”


Osbourne, who put the eccentric life of her family on view in the reality TV series “The Osbournes”, said she did not want to spend the rest of her life with “that shadow hanging over me.


“I want to be around for a long time and be a grandmother to Pearl,” she added, referring to her son Jack’s first child.


“I didn’t even think of my breasts in a nostalgic way, I just wanted to be able to live my life without that fear all the time. It’s not ‘pity me’, it’s a decision I made that’s got rid of this weight that I was carrying around.”


Osbourne raised her profile by appearing as a judge on successful talent shows “The X Factor” and “America’s Got Talent”. She is married to heavy metal singer Ozzy Osbourne.


Her London publicist referred Reuters to the interview which ran in Hello! and the Daily Mirror when asked to confirm the news.


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


Celebrity News Headlines – Yahoo! News



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Unlikely Model for H.I.V. Prevention: Adult Film Industry


Stephanie Diani for The New York Times


INDUSTRY DATABASE Shylar Cobi, right, a film producer, confirmed test results of the actors who perform as James Deen and Stoya.







LOS ANGELES — Before they take off all their clothes, the actors who perform as James Deen and Stoya go through a ritual unique to the heterosexual adult film industry.




First, they show each other their cellphones: Each has an e-mail from a laboratory saying he or she just tested negative for H.I.V., syphilis, chlamydia and gonorrhea.


Then they sit beside the film’s producer, Shylar Cobi, as he checks an industry database with their real names to confirm that those negative tests are less than 15 days old.


Then, out on the pool terrace of the day’s set — a music producer’s hilltop home with a view of the Hollywood sign — they yank down their pants and stand around joking as Mr. Cobi quickly inspects their mouths, hands and genitals for sores.


“I’m not a doctor,” Mr. Cobi, who wears a pleasantly sheepish grin, says. “I’m only qualified to do this because I’ve been shooting porn since 1990 and I know what looks bad.”


Bizarre as the ritual is, it seems to work.


The industry’s medical consultants say that about 350,000 sex scenes have been shot without condoms since 2004, and H.I.V. has not been transmitted on a set once.


Outside the world of pornography, the industry’s testing regimen is not well known, and no serious academic study of it has ever been done. But when it was described to several AIDS experts, they all reacted by saying that there were far fewer infections than they would have expected, given how much high-risk sex takes place.


“I don’t think there’s any question that it works,” said Dr. Allan Ronald, a Canadian AIDS specialist who did landmark studies of the virus in prostitutes in a Nairobi slum. “I’m a little uncomfortable, because it’s giving the wrong message — that you can have multiple sex partners without condoms — but I can’t say it doesn’t work.”


Despite the regimen’s apparent success, California health officials and an advocacy group, the AIDS Healthcare Foundation, are trying to make it illegal to shoot without condoms. They argue that other sexually transmitted diseases are rampant in the industry, though the industry trade group disputes that.


In January, the city of Los Angeles passed a law requiring actors to wear condoms. A measure to do the same for the whole county is on the ballot on Tuesday.


Producers say the condom requirement will drive them out of business since consumers will not buy such films. Local newspapers like The Los Angeles Times oppose the ballot measure, calling it well-intentioned but unenforceable, and warning that it could drive up to 10,000 jobs out of state.


Very frequent testing makes it almost impossible for an actor to stay infected without being caught, said Dr. Jacques Pepin, the author of “The Origins of AIDS” and an expert on transmission rates. “And if you are having sex mostly with people who themselves are tested all the time, this must further reduce the risk.”


When the virus first enters a high-risk group like heroin users, urban prostitutes or habitués of gay bathhouses, it usually infects 30 to 60 percent of the cohort within a few years, studies have shown. The same would be expected in pornography, where performers can have more than a dozen partners a month, but the industry says self-policing has prevented it.


“Our talent base has sex exponentially more than other people, but we’re all on the same page about keeping it out,” said Steven Hirsch, the founder of Vivid Entertainment, one of the biggest studios.


Performers have to test negative every 28 days, although some studios recently switched to every 14.


If a test is positive, all the studios across the country that adhere to standards set by the Free Speech Coalition, an industry trade group, are obliged to stop filming until all the on-screen partners of that performer, all their partners, and all their partners’ partners, are found and retested. In 2004, the industry shut down for three months to do that.


It has had briefer shutdowns in each of the last four years.


In 2009 and 2010, no other infected performers were found. Coalition representatives said an infected woman in 2009, from Nevada, may have had an infected boyfriend, and offered evidence that a man infected in 2010 in Florida had worked outside the industry as a prostitute. The 2011 test was a false positive.


A shutdown in August came after several actors got syphilis, not H.I.V. All performers were given a choice: Take antibiotics, or pass two back-to-back syphilis tests 14 days apart.


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Political futures traders pick Obama









WASHINGTON -- The votes of traders in political futures have been pouring in for months, and they say President Obama lands a second term in Tuesday's election.

The chances that Obama is reelected stood at about 71% on Tuesday morning on Intrade, near a one-month high and up about 3% for the day in early trading. The chances that Republican Mitt Romney wins the presidency were about 29%, close to a low for the past month and down about 4%.

Most people buying political futures on the site also apparently believe that Republicans will retain control of the House and Democrats will hold on to their majority in the Senate.





Intrade's futures have an excellent track record. They accurately predicted the result in every state in the 2004 presidential election, and all but two in the 2008 contest, according to CNNMoney.

This year, Intrade gives Obama a 73% chance of winning the crucial battleground state of Ohio, with Romney at about 27% as of Tuesday morning. And the site predicts that Obama will win 294 electoral votes to Romney's 235.

The market will remain open all day, "until a winner is clearly known," an Intrade spokesman said.

Intrade bettors correctly predicted in January that Romney would win the Republican nomination, but at no point in the 2012 presidential campaign did the political futures traders have Romney beating Obama.

That's somewhat surprising given that Obama's odds of winning plunged in the summer of 2011 to about even money after the contentious battle over raising the nation's debt ceiling and the Standard & Poor's credit downgrade that followed.

But Romney has closed a huge late-September gap on Intrade's presidential election market, when Obama's reelection odds neared 80%.

ALSO:

Romney top bet to win Iowa on political futures trading site

Obama's reelection odds sink on political futures trading site

Wall Street may rally regardless of presidential election winner

Follow Jim Puzzanghera on Twitter and Google+.





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