Gays in Pakistan Move Cautiously to Gain Acceptance


Max Becherer for the International Herald Tribune


HIDING IN PLAIN SIGHT Ali, a gay man who lives in Lahore, is in a support group for lesbian, gay, bisexual and transgender Pakistanis. “The gay scene here is very hush-hush,” he says.







LAHORE, Pakistan — The group meets irregularly in a simple building among a row of shops here that close in the evening. Drapes cover the windows. Sometimes members watch movies or read poetry. Occasionally, they give a party, dance and drink and let off steam.




The group is invitation only, by word of mouth. Members communicate through an e-mail list and are careful not to jeopardize the location of their meetings. One room is reserved for “crisis situations,” when someone may need a place to hide, most often from her own family. This is their safe space — a support group for lesbian, gay, bisexual and transgender Pakistanis.


“The gay scene here is very hush-hush,” said Ali, a member who did not want his full name used. “I wish it was a bit more open, but you make do with what you have.”


That is slowly changing as a relative handful of younger gays and lesbians, many educated in the West, seek to foster more acceptance of their sexuality and to carve out an identity, even in a climate of religious conservatism.


Homosexual acts remain illegal in Pakistan, based on laws constructed by the British during colonial rule. No civil rights legislation exists to protect gays and lesbians from discrimination.


But the reality is far more complex, more akin to “don’t ask, don’t tell” than a state-sponsored witch hunt. For a long time, the state’s willful blindness has provided space enough for gays and lesbians. They socialize, organize, date and even live together as couples, though discreetly.


One journalist, in his early 40s, has been living as a gay man in Pakistan for almost two decades. “It’s very easy being gay here, to be honest,” he said, though he and several others interviewed did not want their names used for fear of the social and legal repercussions. “You can live without being hassled about it,” he said, “as long as you are not wearing a pink tutu and running down the street carrying a rainbow flag.”


The reason is that while the notion of homosexuality may be taboo, homosocial, and even homosexual, behavior is common enough. Pakistani society is sharply segregated on gender lines, with taboos about extramarital sex that make it almost harder to conduct a secret heterosexual romance than a homosexual one. Displays of affection between men in public, like hugging and holding hands, are common. “A guy can be with a guy anytime, anywhere, and no one will raise an eyebrow,” the journalist said.


For many in his and previous generations, he said, same-sex attraction was not necessarily an issue because it did not involve questions of identity. Many Pakistani men who have sex with men do not think of themselves as gay. Some do it regularly, when they need a break from their wives, they say, and some for money.


But all the examples of homosexual relations — in Sufi poetry, Urdu literature or discreet sexual conduct — occur within the private sphere, said Hina Jilani, a human rights lawyer and activist for women’s and minority rights. Homoeroticism can be expressed but not named.


“The biggest hurdle,” Ms. Jilani said, “is finding the proper context in which to bring this issue out into the open.”


That is what the gay and lesbian support group in Lahore is slowly seeking to do, even if it still meets in what amounts to near secrecy.


The driving force behind the group comes from two women, ages 30 and 33. They are keenly aware of the oddity that two women, partners no less, have become architects of the modern gay scene in Lahore; if gay and bisexual men barely register in the collective societal consciousness of Pakistan, their female counterparts are even less visible.


“The organizing came from my personal experience of extreme isolation, the sense of being alone and different,” the 30-year-old said.


She decided that she needed to find others like her in Pakistan. Eight people, mostly the couple’s friends, attended the first meeting in January 2009.


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Google's Android software in 3 out of 4 smartphones

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NYC Marathon is canceled following storm damage

NEW YORK (AP) — Gisela Clausen delivered the news to her fellow runners from Germany as they walked into the New Yorker Hotel.

"We spend a year on this. We don't eat what we want. We don't drink what we want. And we're on the streets for hours. We live for this marathon," she said, "but we understand."

Mayor Michael Bloomberg reversed himself Friday and yielded to mounting criticism that this was no time to run the New York City Marathon: runners were ready but weary residents were still recovering from a monster storm named Sandy.

And just like that, the race was scrapped.

Bloomberg, who as late as Friday afternoon insisted the world's largest marathon should go on as scheduled Sunday, changed course shortly afterward amid intensifying opposition from the city comptroller, the Manhattan borough president and sanitation workers unhappy they had volunteered to help storm victims but were assigned to the race instead. The mayor said he would not want "a cloud to hang over the race or its participants."

"I'm shocked," said Clausen, who is from Munich. "Not at the situation, but at how short this decision is (in) coming."

Like Clausen, many of the runners understood the rationale behind the decision. The death toll in the city stood at 41 and thousands of people were shivering without electricity, making many New Yorkers recoil at the idea of police officers protecting a foot race and evicting storm victims from hotels to make way for runners.

But the suddenness of it all forced runners to deal with an unexpected twist: What to do with no race.

Nearly 40,000 athletes — well over half from out of town — were expected at the Staten Island start line on Sunday. Their entry fees were paid. Their airline tickets were purchased. Their friends and family had hotel rooms. And all week the race was a go — even after Sandy came ashore Monday and ripped up everything in its path.

"I understand why it cannot be held under the current circumstances," Meb Keflezighi, the 2009 men's champion and 2004 Olympic silver medalist, said in a statement. "Any inconveniences the cancellation causes me or the thousands of runners who trained and traveled for this race pales in comparison to the challenges faced by people in NYC and its vicinity."

The cancellation means there won't be another NYC Marathon until next year.

"We cannot allow a controversy over an athletic event — even one as meaningful as this — to distract attention away from all the critically important work that is being done to recover from the storm and get our city back on track," Bloomberg said.

The nationally televised marathon had been held annually since 1970, including 2001, about two months after the 9/11 terrorist attacks.

The 26.2-mile race had been scheduled to start in Staten Island, one of the storm's hardest-hit places, and wind through all of the city's five boroughs with 2 million spectators usually lining the route.

In Staten Island, Cynthia Spinner said, "Thank God, thank God," when she heard the marathon was canceled.

"More for our people in New York," she said. "They shouldn't take their police or ambulance services off of what they're doing now to go for the marathon. People need homes. They're in hotels; they need everything right now."

Across the metro area Friday, the recovery made slow progress. Companies turned the lights back on, and many employees returned to their desks. Many major retailers also reopened.

But patience was wearing thin among New Yorkers who had been without power for most of the week.

Gov. Andrew Cuomo told utilities to step up power repair work or risk losing business in the state. And officials said the cost of the storm could exceed $18 billion in New York alone.

From storm-scarred New Jersey to parts of Connecticut, a widespread lack of gasoline frustrated people who were just trying to get to work or pick up a load of groceries.

Lines of cars, and in many places queues of people on foot carrying bright red jerry cans, waited for hours for precious fuel. And those were the lucky ones. Other customers gave up after finding only closed stations or dry pumps marked with yellow tape or "No Gas" signs.

Bloomberg called the marathon an "integral part of New York City's life for 40 years" and insisted that holding the race would not require resources to be diverted from the recovery effort. But, he said, he understood the doubts.

City and race officials considered several alternatives: a modified course, postponement or an elite runners-only race. But they decided cancellation was the best option.

Organizers will donate various items that had been brought in for the race to relief efforts, from food, blankets and portable toilets to generators already set up on Staten Island.

Mary Wittenberg, president of the New York Road Runners, the group that organizes the marathon, said canceling was the right move.

"This is what we need to do and the right thing at this time," she said.

"It's been a week where we worked very closely with the mayor's office and felt very strongly, both of us together, that on Tuesday, it seemed that the best thing for New York on Sunday would be moving forward. As the days went on, just today it got to the point where that was no longer the case."

Patrick Lynch, president of the Patrolmen's Benevolent Association — the police department's largest union — called the decision to cancel the marathon "a wise choice."

"When you have a significant amount of people voicing real pain and unhappiness over its running, you have to hear that. You have to take that into consideration," said Howard Wolfson, deputy mayor for government affairs and communications.

"Something that is such a celebration of the best of New York can't become divisive," he said. "That is not good for the city now as we try to complete our recovery effort, and it is not good for the marathon in the long run."

ING, the financial company that is the title sponsor of the marathon, said it supported the decision to cancel. The firm's charitable giving arm has made a $500,000 contribution to help with relief and recovery efforts and is matching employee donations. Sponsor Poland Spring said it would donate the bottled water earmarked for the marathon to relief agencies, more than 200,000 bottles.

Race organizers had been expecting about 47,500 runners before the storm.

For now, they are sticking to their policy of no refunds for runners, but they will guarantee entry to next year's marathon or the half-marathon in March. However, Wittenberg said the group would review the refund policy.

Steve Brune, a Manhattan entrepreneur, was set to run his fourth New York City Marathon.

"I'm disappointed, but I can understand why it's more important to use our resources for those who have lost a lot," he said.

Nikki Davies arrived from London on Friday, eager to race.

"I can understand not wanting to run through devastated parts of the city," she said. "I thought if they cancel it, they'd cancel it earlier."

Now, she had 10 days to fill. On her agenda?

"A lot of sightseeing," she said.

___

Associated Press writers Cara Anna, Ronald Blum, Verena Dobnik, Melissa Murphy, Christina Rexrode, Michael Rubinkam and Ted Shaffrey in New York contributed to this report.

Read More..

Second Illness Infects Meningitis Sufferers





Just when they might have thought they were in the clear, people recovering from meningitis in an outbreak caused by a contaminated steroid drug have been struck by a second illness.




The new problem, called an epidural abscess, is an infection near the spine at the site where the drug — contaminated by a fungus — was injected to treat back or neck pain. The abscesses are a localized infection, different from meningitis, which affects the membranes covering the brain and spinal cord. But in some cases, an untreated abscess can cause meningitis. The abscesses have formed even while patients were taking powerful antifungal medicines, putting them back in the hospital for more treatment, often with surgery.


The problem has just begun to emerge, so far mostly in Michigan, which has had more people sickened by the drug — 112 out of 404 nationwide — than any other state.


“We’re hearing about it in Michigan and other locations as well,” said Dr. Tom M. Chiller, the deputy chief of the mycotic diseases branch of the Centers for Disease Control and Prevention. “We don’t have a good handle on how many people are coming back.”


He added, “We are just learning about this and trying to assess how best to manage these patients. They’re very complicated.”


In the last few days, about a third of the 53 patients treated for meningitis at St. Joseph Mercy Hospital in Ann Arbor, Mich., have returned with abscesses, said Dr. Lakshmi K. Halasyamani, the chief medical officer.


“This is a significant shift in the presentation of this fungal infection, and quite concerning,” she said. “An epidural abscess is very serious. It’s not something we expected.”


She and other experts said they were especially puzzled that the infections could occur even though patients were taking drugs that, at least in tests, appeared to work against the fungus causing the infection, a type of black mold called Exserohilum.


The main symptom is severe pain near the injection site. But the abscesses are internal, with no visible signs on the skin, so it takes an M.R.I. scan to make the diagnosis. Some patients have more than one abscess. In some cases, the infection can be drained or cleaned out by a neurosurgeon.


But sometimes fungal strands and abnormal tissue are wrapped around nerves and cannot be surgically removed, said Dr. Carol A. Kauffman, an expert on fungal diseases at the University of Michigan. In such cases, all doctors can do is give a combination of antifungal drugs and hope for the best. They have very little experience with this type of infection.


Some patients have had epidural abscesses without meningitis; St. Joseph Mercy Hospital has had 34 such cases.


A spokesman for the health department in Tennessee, which has had 78 meningitis cases, said that a few cases of epidural abscess had also occurred there, and that the state was trying to assess the extent of the problem.


Dr. Chiller said doctors were also reporting that some patients exposed to the tainted drug had arachnoiditis, a nerve inflammation near the spine that can cause intense pain, bladder problems and numbness.


“Unfortunately, we know from the rare cases of fungal meningitis that occur, that you can have complicated courses for this disease, and it requires prolonged therapy and can have some devastating consequences,” he said.


The meningitis outbreak, first recognized in late September, is one of the worst public health disasters ever caused by a contaminated drug. So far, 29 people have died, often from strokes caused by the infection. The case count is continuing to rise. The drug was a steroid, methylprednisolone acetate, made by the New England Compounding Center in Framingham, Mass. Three contaminated lots of the drug, more than 17,000 vials, were shipped around the country, and about 14,000 people were injected with the drug, mostly for neck and back pain. But some received injections for arthritic joints and have developed joint infections.


Inspections of the compounding center have revealed extensive contamination. It has been shut down, as has another Massachusetts company, Ameridose, with some of the same owners. Both companies have had their products recalled.


Compounding pharmacies, which mix their own drugs, have had little regulation from either states or the federal government, and several others have been shut down recently after inspections found sanitation problems.


Read More..

In Election-Night Party Planning, Flexibility Is a Must


Isaac Brekken for The New York Times


Frank Roskowski, director of technical services at the Aria Resort in Las Vegas, says it's difficult to determine the contours of an election-night party.









Isaac Brekken for The New York Times

A sign points to an early-voting site in Las Vegas, a city well suited to election parties because many of its ballrooms can expand or contract to accommodate victory or loss.






WHEN empty, the Bristlecone ballroom at the Aria Resort and Casino here is 57,000 square feet of beige carpeting and fluorescent lights. But two years ago, it was briefly the overstuffed epicenter of American politics.


This is where Senator Harry Reid, the Nevada Democrat and majority leader, held his election-night party after prevailing in a race that many had predicted he would lose. To Democrats, this was a site for triumph and relief; for Republicans, it was one for disappointment and loss.


For Frank Roskowski, it was something else entirely. “It was carnage. It was goofy,” he said, grinning as he surveyed the room last week.


Mr. Roskowski, whom everyone calls Mustache Frank, is Aria’s director of technical services, and he is reminiscing about the chaos and bustle of Nov. 2, 2010. Democrats lost a bunch of races across the country, not to mention control of the House of Representatives, and in the days before the votes were tallied it looked possible that Mr. Reid would be a casualty. Twenty-two television crews were jockeying for position in the Bristlecone, starting at 4 a.m.


“The TV trucks all were fighting because the thing is, they have to run cable to a connection point,” Mr. Roskowski recalls. “So the guy in the truck, if he gets here early, he only has to run 100 feet. If he’s late, he’s got to run 500. At 3 in the morning, they’re out there, I’m out there, my guys are out there and these TV guys are like: ‘Hey, you want doughnuts? You want beer? 50 bucks?’ I’m like: ‘Whoa. Here’s what was sent to me. You’re here, you’re here, you’re here.”


As a feat of event planning, there is nothing quite like an election-night party. At most festivities that call for banquet halls and cocktails, there is little doubt about the basic contours of the main event. If it’s a wedding, two people are married and the union is celebrated. Organize a conference, and a crowd will mingle and drink. But an election-night party could be an evening of triumph or fiasco, a celebration or a wake. It’s like a trip to the hospital that might culminate with a fatal diagnosis or a healthy baby.


Both tragedy and triumph must be accommodated. It’s fine for politicians to say, “When I’m elected” or “When I’m re-elected,” but the election-night party planner toils in the realm of the possible, not the fondly wished for. If you anticipate an enormous, victory-hailing crowd and you lose, you are looking at not just a defeated candidate but also a tableau that accentuates all the empty space where supporters were supposed to revel. So, what to do? Order a few thousand balloons but don’t fill them until the polls close? Hide the confetti until the victory is certified?


What is far more essential, it turns out, is a room that can be shrunk or enlarged, quickly. Which is why Las Vegas is arguably the greatest election-night city in the country. Expandable banquet rooms are a specialty here, and turning a space that fits 100 into a space that fits 2,000 — and vice versa — is a feat that can be pulled off in places like the Bristlecone ballroom in a matter of minutes. The trick is air walls, huge movable slabs that slide back and forth like pocket doors.


Ultimately, on election night in 2010 here, the space in front of all the television cameras fit a mere 150 people. That was a tiny fraction of the entire room, and it left a tundra of emptiness out of view of all those cameras. But priority No. 1 was making the room look packed.


“When you tuned in at home,” Mr. Roskowski says, “it looked body-to-body tight.”


THE worlds of electioneering and catering will again intersect on Tuesday, as candidates await the public’s verdicts in settings of their choosing. For catering, it is often an evening of modest profit — a typical event with a couple of hundred people will cost $50,000, depending on the quality and quantity of food and drink. For the campaigns, devising these get-togethers can seem both fraught and irrelevant at the same time. Yes, all the stagecraft and planning matter. But what is the point of worrying about the finish line when the race is in the last sprint? Many campaigns contacted for this article would not discuss their plans, or they kept the discussion to a bare minimum.


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Erdogan Says He Plans a Trip to Gaza Soon


Bernat Armangue/Associated Press


Two Palestinians walked on the beach near Rafah, the southernmost city of Gaza. The Turkish prime minister announced Friday that he would visit the tiny Palestinian enclave.







JERUSALEM — The prime minister of Turkey, Recep Tayyip Erdogan, said Friday that he planned to soon visit the Gaza Strip, a move that would significantly enhance the legitimacy of the Hamas-controlled Gaza government and antagonize the Palestinian Authority, Israel and the West.








Odd Andersen/Agence France-Presse — Getty Images

Turkish newspapers reported Friday that Recep Tayyip Erdogan, the Turkish prime minister, would travel to Gaza--the first visit by a representative of a NATO country.






Mr. Erdogan, who twice last year scheduled and then canceled visits to Gaza, did not offer specifics as to the timing or agenda for such a visit, which he mentioned to reporters traveling with him to Ankara from Berlin, according to the Turkish newspaper Today’s Zaman. A Foreign Ministry official later said that the prime minister was simply expressing an “intention” and that he wanted to visit “someday.”


His comments came nine days after the emir of Qatar became the first head of state to step foot in Gaza since the Islamic group Hamas took it over in 2007, pledging $400 million for development projects including housing complexes, road renovation and a prosthetic hospital. The crown prince of Bahrain was scheduled to visit the Palestinian enclave on Thursday but canceled at the last minute to avoid political implications, according to reports in the Arab press.


A visit by the leader of Turkey, a huge power that is a member of NATO and a critical bridge between the West and the Islamic world, would make a much bigger diplomatic splash, paving the way for Egypt and others to expand direct, independent relationships with Hamas and further divide the Palestinian leadership. Officials in the Palestine Liberation Organization and the Palestinian Authority, the Hamas rival that rules in the West Bank, had warned that the Qatari mission set a dangerous precedent.


“We don’t want anybody to have two addresses in Palestine,” Yasir Abed Rabbo, a spokesman for President Mahmoud Abbas of the Palestinian Authority, said Friday night. “We don’t want anybody also to encourage the people in Gaza to have a separatist approach.”


Both Turkey and Qatar have tried to help repair the rift between Hamas and Fatah, the party of the Palestinian Authority, and some analysts suggested Friday that Mr. Erdogan would make such reconciliation a focus if he visits. On the plane, according to Today’s Zaman, Mr. Erdogan said that he had once invited Mr. Abbas to accompany him to Gaza, and that “he was warm to the suggestion.” But Mr. Rabbo balked at that notion, saying: “Nobody can invite us to go to our own country. This is unacceptable.”


Turkey has been a strong ally and significant donor to the Palestinian Authority, but also an important friend of Gaza. It was a Turkish flotilla whose 2010 attempt to break Israel’s naval blockade on Gaza ended in an Israeli raid that killed nine people aboard the Mavi Marmara; that incident, in turn, led to the downgrading of diplomatic relations between Israel and Turkey, which in May indicted four high-ranking Israeli officials for their roles in the raid.


The renewed attention on Gaza comes at a critical time for the Palestinian Authority. Allies of Mr. Abbas are feverishly trying to garner international support for a bid to gain “non-member state” status in the United Nations General Assembly. The Palestinian Authority is struggling with a severe financial crisis that led its prime minister, Salam Fayyad, to suggest this week dissolving and reforming his cabinet. And last month’s municipal elections revealed growing rivalries within Fatah.


“It’s a slap in the face,” Ehud Yaari, a Middle East analyst for Israel’s Channel 2 news, said of Mr. Erdogan’s plan. “The P.A. has been steadily losing support in the Arab world. It is losing its cohesion. They are losing ground.”


Alon Liel, who led Israel’s diplomatic mission to Turkey in the 1980s, said a visit by Mr. Erdogan would “dramatically change the image of the regime” in Gaza, and “deepen the grievances that the Israeli public has towards Turkey.” But he predicted that Mr. Erdogan would try to “compensate” the Palestinian Authority by helping with its United Nations bid.


“Erdogan feels closer to Hamas than to Fatah because Hamas is religious,” Mr. Liel noted. “By definition he will always prefer a religious leadership to a secular leadership. But it’s important for him not to humiliate Abbas. He will try to balance it.”


Ghassan Khatib, a professor at Birzeit University in Ramallah, in the West Bank, who formerly served as spokesman for the Palestinian Authority, agreed, noting that Mr. Abbas had recently visited Turkey.


“If these countries are maintaining good official relations with the P.A. and the P.L.O. and at the same time giving support to Gaza, including going to Gaza, I don’t see that this is problematic,” Mr. Khatib said. “Giving support to Gaza can also be understood as an attempt to help this part of Palestinians that are facing especially difficult pressure.”


Tim Arango contributed reporting from Istanbul.



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Microsoft vs Google trial raises concerns over secrecy

SAN FRANCISCO (Reuters) - Two weeks before a high-stakes trial pitting Google's Motorola Mobility unit against Microsoft, Google made what has become a common request for a technology company fighting for billions of dollars: A public court proceeding, conducted largely in secret.


Google and Microsoft, like rivals embroiled in smartphone patent wars, are eager to keep sensitive business information under wraps - in this case, the royalty deals they cut with other companies on patented technology. Microsoft asked for similar protections in a court filing late on Thursday.


Such royalty rates, though, are the central issue in this trial, which begins November 13 in Seattle.


U.S. District Judge James Robart has granted requests to block many pre-trial legal briefs from public view. Though he warned he may get tougher on the issue, the nature of the case raises the possibility that even his final decision might include redacted, or blacked-out, sections.


Legal experts are increasingly troubled by the level of secrecy that has become commonplace in intellectual property cases where overburdened judges often pay scant attention to the issue.


Widespread sealing of documents infringes on the basic American legal principle that court should be public, says law professor, Dennis Crouch, and encourages companies to use a costly, tax-payer funded resource to resolve their disputes.


"There are plenty of cases that have settled because one party didn't want their information public," said Crouch, an intellectual property professor at University of Missouri School of Law.


Tech companies counter that they should not be forced to reveal private business information as the price for having their day in court.


The law does permit confidential information to be kept from public view in some circumstances, though companies must show the disclosure would be harmful.


Google argues that revelations about licensing negotiations would give competitors "additional leverage and bargaining power and would lead to an unfair advantage."


Robart has not yet ruled on Google and Microsoft's requests, which, in the case of Google includes not only keeping documents under seal, but also clearing the courtroom during crucial testimony.


It is also unclear whether Robart will redact any discussion of royalty rates in his final opinion. The judge, who will decide this part of the case without a jury, did not respond to requests for comment.


NOT PAYING ATTENTION


Apple Inc and Microsoft Corp have been litigating in courts around the world against Google Inc and partners like Samsung Electronics Co Ltd, which use the Android operating system on their mobile devices.


Apple contends that Android is basically a copy of its iOS smartphone software, and Microsoft holds patents that it contends cover a number of Android features.


Google bought Motorola for $12.5 billion, partly to use its large portfolio of communications patents as a bargaining chip against its competitors.


Robart will decide how big a royalty Motorola deserves from Microsoft for a license on some Motorola wireless and video patents.


Apple, for its part, is set to square off against Motorola on Monday in Madison, Wisconsin, in a case that involves many of the same issues.


In Wisconsin, Apple and Motorola have filed most court documents entirely under seal. U.S. District Judge Barbara Crabb did not require them to seek advance permission to file them secretly, nor did she mandate that the companies make redacted copies available for the public.


Judges have broad discretion in granting requests to seal documents. The legal standard for such requests can be high, but in cases where both sides want the proceedings to be secret, judges have little incentive to thoroughly review secrecy requests.


In Apple's Northern California litigation against Samsung, both parties also sought to keep many documents under seal. After Reuters challenged those secrecy requests, on grounds it wanted to report financial details, U.S. District Judge Lucy Koh ordered both companies to disclose a range of information they considered secret - including profit margins on individual products - but not licensing deals. Apple and Samsung are appealing the disclosure order.


In response to questions from Reuters last week, Judge Crabb in Wisconsin, who will also decide the case without a jury, acknowledged she had not been paying attention to how many documents were being filed under seal. Federal judges in Madison will now require that parties file redacted briefs, she said, though as of Wednesday, Apple and Motorola were still filing key briefs entirely under seal.


"Just because there is a seed or kernel of confidential information doesn't mean an entire 25-page brief should be sealed," said Bernard Chao, an intellectual property professor at University of Denver Sturm College of Law.


Crabb promised that the upcoming trial would be open.


"Whatever opinion I make is not going to be redacted," she told Reuters in an interview.


CHECKING THE COMPS


Microsoft sued Motorola two years ago, saying Motorola had promised to license its so-called "standards essential" patents at a fair rate, in exchange for the technology being adopted as a norm industrywide. But by demanding roughly $4 billion a year in revenue, Microsoft says Motorola broke its promise.


Robart will sort out what a reasonable royalty for those standards patents should be, partly by reviewing deals Motorola struck with other companies such as IBM and Research in Motion - much like an appraiser checking comparable properties to figure out whether a home is priced right.


In this case, though, the public may not be able to understand exactly what figures Robart is comparing. Representatives for Microsoft and Google declined to comment.


In its brief, Microsoft said licensing terms could be sealed without the need to clear the courtroom.


"Permitting redaction of this information will minimize the harm to Microsoft and third parties while also giving due consideration to the public policies favoring disclosure," the company argued.


IBM and RIM have also asked Robart to keep licensing information secret.


Chao doesn't think Robart will ultimately redact his own ruling, even though it may include discussion of the specific royalty rates. "I can't imagine that," he said.


Most judges cite lack of resources and overflowing dockets as the reason why they don't scrutinize secrecy requests more closely, especially when both parties support them.


In Wisconsin, Crabb said that even though she will now require litigants to ask permission to file secret documents, it is highly unlikely that she will actually read those arguments - unless someone else flags a problem.


"We're paddling madly to stay afloat," Crabb said.


The Wisconsin case in U.S. District Court, Western District of Wisconsin is Apple Inc. vs. Motorola Mobility Inc., 11-cv-178. The Seattle case in U.S. District Court, Western District of Washington is Microsoft Corp. vs. Motorola Inc., 10-cv-1823.


(Reporting by Dan Levine in San Francisco; Additional reporting by Bill Rigby in Seattle.; Editing by Jonathan Weber, Andrew Hay and Bernadette Baum)


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Bloomberg faces outcry over Sunday's NYC Marathon

NEW YORK (AP) — With people in storm-ravaged areas still shivering without electricity and the death toll in New York City at more than 40, many New Yorkers recoiled at the prospect of police officers being assigned to protect a marathon.

They were repelled by the thought of storm victims being evicted from hotels to make room for people coming into town for the race, and the sight of big generators humming along at the finish-line tents in Central Park.

Mayor Michael Bloomberg said he hoped to lift spirits and unite the stricken city when he decided to press ahead with this weekend's New York City Marathon. Instead, the move became a source of strife Friday, with Bloomberg facing an outcry from politicians and ordinary New Yorkers who said this is not the time for a road race.

They complained that holding the event just six days after Superstorm Sandy would be insensitive and tie up precious resources when many people are still suffering.

Joan Wacks, whose Staten Island waterfront condo was swamped with 4 feet of water, predicted authorities will still be recovering bodies when the estimated 40,000 runners from around the world hit the streets for the 26.2-mile race Sunday, and she called the mayor "tone deaf."

"He is clueless without a paddle to the reality of what everyone else is dealing with," she said. "If there are any resources being put toward the marathon, that's wrong. I'm sorry, that's wrong."

At a news conference, Bloomberg defended his decision as a way to raise money for the city's recovery and boost morale after Sandy flooded neighborhoods and knocked out power to hundreds of thousands homes and businesses.

Bloomberg said New York "has to show that we are here and we are going to recover" and "give people something to cheer about in what's been a very dismal week for a lot of people."

"You have to keep going and doing things," he said, "and you can grieve, you can cry and you can laugh all at the same time. That's what human beings are good at."

Noting that street lights should be back on in Manhattan by midnight Friday and parts of the transit system are up and running again, he gave assurances that the race would not take away police officers and other resources needed in the recovery.

He also pointed out that his predecessor, Rudolph Giuliani, went ahead with the marathon two months after the 9/11 terrorist attacks, and "it pulled people together."

But in a sign of the how the political mood was turning against Bloomberg, City Comptroller John Liu, an elected official who is considered a likely candidate for mayor next year, reversed course. Liu warned that it has become clear that holding the marathon this weekend would "compromise the city's ability to protect and provide for the residents most affected by the hurricane."

Manhattan Borough President Scott Stringer called for a postponement, saying New Yorkers "deserve nothing less than to know that the entire government is focused solely on returning the City and their region back to normalcy. And City Council Speaker Christine Quinn said pressing ahead "is not a decision I would have made."

One of the world's pre-eminent road races, the marathon generates an estimated $340 million for the city. This time, the marathon's sponsors and organizers have dubbed it the "Race to Recover" and intend to use the event to raise money for the city to deal with the crisis. New York Road Runners, the race organizer, will donate $1 million and said sponsors have pledged more than $1.5 million.

"It's hard in these moments to know what's best to do," NYRR president Mary Wittenberg said. "The city believes this is best to do right now."

The course runs from the Verrazano-Narrows Bridge on hard-hit Staten Island to Central Park, sending runners through all five boroughs. The course will not be changed, since there was little damage along the route.

Police Commissioner Raymond Kelly said police officers will not be taken off storm-recovery duty to work the marathon. He said the estimated 2,000 officers on the marathon route come in on their days off, on overtime, while those on storm duty work extended shifts on their regular work days.

Michael Sofronas of Manhattan used to run the marathon and has been a race volunteer for four years, serving as an interpreter for foreign runners. But he said he won't volunteer this year.

"I'm also really very aghast at the fact that we've just gone through the Sandy hurricane and I believe that the people should not be diverted to the marathon. They should focus on the people in need," he said. "It's all about money, money from everybody. The sponsors, the runners."

A Swede who arrived in New York this week to run in the marathon sided with the mayor.

"It doesn't feel good, coming to New York," Maria Eriksson said. "But the marathon has been planned for such a long time. And besides, it brings so much money to the city. That should help. What help would it be to cancel?"

Other runners were torn.

Olivia Waldman, who lives on the Upper East Side, said: "I want to be a part of this marathon and I also want to be a part of the hurricane relief. I'm trying to help where I can, and the marathon is going on, so we have to help in making that go forward."

But John Esposito, a Staten Islander helping his elderly parents clean out their flooded home, said: "They brought giant generators to power the marathon tents while we've got thousands of people without power. ... How about putting one of these generators here? Have some compassion."

Adam Shanker of Short Hills, N.J., said he moved his family from his dark and cold house to a Manhattan hotel, only to learn they were being kicked out Friday to make room for someone with reservations for the marathon.

"I hate Mayor Bloomberg," he said. "It is absolutely retarded to have a marathon starting, especially in Staten Island, where people just lost everything in the world. And they're going to have these people run through our streets like celebrating some kind of run, which I think is great, but not now. ... And now people who can't even get rooms are getting kicked out of the only rooms they have because these people have rooms. And, you know, what is he thinking?"

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Urban Athlete: Discover Outdoors Offers Mountain Fitness Class


Willie Davis for The New York Times


Rey Soriano, foreground, holding himself on suspension trainers in a workout run by Discover Outdoors.







I HAVE spent a small fortune over the years on gym memberships. But all you really need to get in shape, I now know, are a few granite paving stones, some sandbags and a backpack full of water jugs.








Willie Davis for The New York Times

David Tacheny, center, leading an exercise known as “pack mule,” as Courtney McBride pulls May Yu Whu.






Willie Davis for The New York Times

Mr. Tacheny explaining how to use paving stones as weights.






Willie Davis for The New York Times

Wendy Tsang, left, lifting a Bulgarian sandbag.






Early one Sunday morning I arrived at the entrance to Riverside Park for an exercise class called Mountain Fitness. A Manhattan adventure outfitter, Discover Outdoors, describes the class as a way to “train like a guide,” and uses rocks, logs, sandbags and water jugs in a quest to improve “functional fitness.” The company started offering the class a year ago after customers asked how they should train for the more challenging hiking and trekking adventures it offers.


Our instructor, David Tacheny, a guide and personal trainer, told us that a typical gym workout doesn’t engage all the muscles you’ll use on, say, a rock-climbing excursion. A leg press machine, for instance, works the pushing muscles of the legs. Squatting while raising a heavy rock above your head, on the other hand, also uses the back, abdominal muscles and shoulders, and it better approximates what it’s like to lift an overstuffed backpack.


“This is how guides train,” he said. “We don’t go run miles on flat terrain. We don’t just pump iron.”


All the exercises can be adapted to different levels of fitness. Our group of eight (including one man) looked plenty fit and included several people who belonged to social sports clubs in the city and competed in triathlons. Melanie Pessin, a triathlon competitor, did an eight-mile run before showing up for class. “I’m training for a half-marathon,” she said.


After a 10-minute warm-up, Mr. Tacheny took us to a pile of rectangular paving stones, each weighing 25 to 40 pounds. Standing with legs apart, we swung our stones out from between our legs into the air, using our hips instead of our arms for power.


The “halo” routine entailed holding the stone at chin level and circling it in a tight arc around the head. Next were squat presses, with the stones raised over our heads. At this point my back muscles went on strike, forcing me to switch to an imaginary stone.


Why just lift stones, though, when you can run with them — or throw them? Mr. Tacheny had us hold our stones at chest level, heave them as far as we could toward a tree in the distance, then run to pick them up; we were to repeat the move until we reached the tree.


Next, he divided us into two groups for a rousing game of what I came to call ducking stones. Each team started with an equal number of stones at the base of a tree. We were supposed to fetch a stone and run with it, depositing it at the base of the opposing team’s tree. After two minutes, whichever team had the fewest stones remaining would win. Mayhem ensued, with stones flying everywhere, to the point where I would yell out, “Don’t hit me!” whenever I stooped to pick one up.


Next, Mr. Tacheny introduced the “pack mule” exercise. Each team of two received a harness made of straps. One person held the straps and pulled while the teammate, attached to the harness at the other end, resisted. To inspire us, he recounted the story of two guides who pulled 100-pound sleds up a glacier while carrying 85-pound backpacks.


Freed from their harnesses, the class members followed Mr. Tacheny on a five-minute jog to a remote section of the park. There, he had stored a jump rope, a backpack full of water jugs, two crescent-shaped Bulgarian sandbags and some straps that he tied around tree branches. Instant exercise stations: pull-ups and push-ups using the straps; squats and leg lifts with the backpack or with a sandbag draped over the shoulders; a cardio workout using the jump rope.


After completing our circuits, we gathered in a circle and applauded ourselves for our hard work. “You got a sense of how to vary your workouts a little,” Mr. Tacheny told us, adding that gym routines didn’t appeal to him anymore, and that riding his bike 60 to 70 miles a day had gotten old. “But this stuff,” he said as we all dragged ourselves out of the park, “you won’t get bored with it.”


Discover Outdoors holds 90-minute Mountain Fitness classes for $20 at Riverside Park in Manhattan; (212) 579-4568, discoveroutdoors.com.



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E.P.A. Finds Hyundai and Kia Overstated Gas Mileage








DETROIT (AP) — Hyundai and Kia overstated the gas mileage on 900,000 vehicles sold in the past three years, a discovery that could bring sanctions from the U.S. government and millions of dollars in reimbursements to car owners.




The inflated mileage was uncovered in an audit of test results by the Environmental Protection Agency, which ordered the Korean automakers to replace fuel economy stickers on the affected cars. The new window stickers will have figures that are one-to-six miles per gallon lower depending on the model, the agency said Friday.


"Consumers rely on the window sticker to help make informed choices about the cars they buy," said Gina McCarthy, assistant administrator of the EPA's air-quality office. "EPA's investigation will help protect consumers and ensure a level playing field among automakers."


The EPA's inquiry into the overstated figures is continuing, and the agency would not comment when asked if the companies will be fined or if a criminal investigation is under way.


But the agency said it's the first case in which erroneous test results were uncovered in such a large number of vehicles from the same manufacturer. Only two similar cases have been discovered since 2000, and those involved single models.


Hyundai and Kia executives said the higher figures were unintentional errors. They apologized and promised to pay owners of the 900,000 cars and SUVs for the difference in mileage. The payments, which will be made annually for as long as people own their cars, are likely to cost the companies hundreds of millions of dollars.


The EPA's findings come at a bad time for Hyundai and Kia, which have seen explosive sales growth in the U.S. partly because of advertising campaigns that touted gas mileage. Hyundai even poked fun at competitors who promoted special high-mileage versions of their cars, claiming that its cars had high mileage across the model lineup.


The EPA said it began looking at Hyundai and Kia when it received a dozen complaints from consumers that the mileage of their 2012 Hyundai Elantra cars fell short of numbers on the window stickers. Staffers at the EPA's vehicle and fuel emission laboratory in Ann Arbor, Mich., included the Elantra in an annual fuel economy audit.


The audit turned up discrepancies between agency test results and data turned in by Hyundai and Kia, the EPA said. As a result, the two automakers will have to knock one or two miles per gallon off the mileage posted on the window stickers of most of their models. Some models will lose three or four miles per gallon, and the Kia Soul, a funky-looking boxy small SUV, will lose six mpg from the highway mileage on its stickers.


The companies said the mistakes stemmed from procedural differences between their mileage tests and those performed by the EPA


Automakers follow EPA procedures when conducting their own mileage tests, and the EPA enforces accuracy by auditing about 15 percent of vehicles annually. .


"We're just extremely sorry about these errors," said John Krafcik, Hyundai's CEO of American operations. "We're driven to make this right."


The errors involve 13 models from the 2011 through 2013 model years, including seven Hyundais and six Kias. Window stickers will have to be changed on some versions of the following models: Hyundai's Elantra, Sonata Hybrid, Accent, Azera, Genesis, Tucson, Veloster and Santa Fe. Kia models affected include the Sorrento, Rio, Soul, Sportage and Optima Hybrid.


Michael Sprague, executive vice president of marketing for Kia Motors America, said the companies have a program in place to reimburse customers for the difference between the mileage on the window stickers and the numbers from the EPA tests.


The companies will find out how many miles the cars have been driven, find the mileage difference and calculate how much more fuel the customer used based on average regional fuel prices and combined city-highway mileage. Customers also would get a 15 percent premium for the inconvenience, and the payments would be made with debit cards, Sprague said. The owner of a car in Florida with a one mpg difference who drove 15,000 miles would get would get a debit card for $88.03 that can be refreshed every year as long as the person owns the car, Sprague said.


If all 900,000 owners get cards for $88.03, it would cost the automakers more than $79 million a year.


For information, owners can go to www.hyundaimpginfo.com or www.kiampginfo.com .


Sung Hwan Cho, president of Hyundai's U.S. technical center in Michigan, said the EPA requires a complex series of tests that are very sensitive and can have variations that are open to interpretation. The companies did the tests as they were making a large number of changes in their cars designed to improve mileage. The changes, such as direct fuel injection into the cylinders around the pistons, further complicated the tests, Cho said.


"This is just a procedural error," he said. "It is not intended whatsoever."


Krafcik said the companies have fixed testing procedures and are replacing window stickers on cars in dealer inventories. Owners can be confident in their mileage stickers now, he said, adding that Hyundai will still be among the industry leaders in gas mileage even with the revised window stickers.


The mileage was overstated on about one-third of the Hyundais and Kias sold during the three model years, he said.


Through October, Hyundai sold 590,000 vehicles in the U.S., up 30 percent in two years. Kia sold more than 477,000, an increase of almost 60 percent. Strong warranties and improved styling, technology and quality have vaulted them into serious competition with larger auto companies.


Hyundai and Kia are owned by the same company and share factories and research, but they sell different vehicles and market them separately.


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