Stallone did not copy screenplay for “The Expendables”: judge






NEW YORK (Reuters) – A federal judge has reaffirmed his decision to dismiss a lawsuit accusing actor Sylvester Stallone of copying someone else’s screenplay to make his popular 2010 movie “The Expendables.”


U.S. District Judge Jed Rakoff in Manhattan on Thursday rejected claims of copyright infringement damages by Marcus Webb, who contended that the movie’s screenplay contained 20 “striking similarities” to his own “The Cordoba Caper.”






Webb claimed that both works had similar plots, and involved hired mercenaries in a Latin American country that was home to a villain dictator named General Garza.


But Rakoff said no reasonable juror could find that the works were so similar as to eliminate the possibility that Stallone crafted his screenplay on his own.


Not even the general’s name was an automatic red flag, Rakoff said, writing that “Garza” was the 34th most common Hispanic nickname in the United States.


“The court has carefully examined the entire litany of plaintiff’s proffered ‘striking similarities’ and finds none of them remotely striking or legally sufficient,” Rakoff wrote. “These are two very different screenplays built on a familiar theme: mercenaries taking on a Latin American dictator.”


Other defendants in the case included Nu Image Films, which produced the movie, and Lions Gate Entertainment Corp, which distributed the movie in the United States.


Lawyers for Webb did not immediately respond to requests for comment.


“The Expendables” was released in August 2010, and featured other older action stars like Jet Li and Arnold Schwarzenegger. A sequel, “The Expendables 2,” was released in August 2012.


In June, Rakoff decided to dismiss Webb’s case [ID:nL2E8HQA93] but did not provide his reasons until Thursday.


Stallone also starred in the “Rocky” and “Rambo” movies.


The case is Webb v. Stallone et al, U.S. District Court, Southern District of New York, No. 11-07517.


(Reporting by Jonathan Stempel; Editing by Jan Paschal)


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Gen. Norman Schwarzkopf dies at 78



H. Norman Schwarzkopf, the retired general credited with leading U.S.-allied forces to a victory in the first Gulf War, has died at age 78, a U.S. official confirmed to ABC News.



He died today in Tampa, Fla., a U.S. official told the Associated Press.



Schwarzkopf, sometimes called "Stormin' Norman" because of his temper, actually led Republican administrations to two military victories: a small one in Grenada in the 1980s and a big one as de facto commander of allied forces in the Gulf War in 1991.



"'Stormin' Norman' led the coalition forces to victory, ejecting the Iraqi Army from Kuwait and restoring the rightful government," read a statement by former Secretary of State Colin Powell, who was chairman of the Joint Chiefs of Staff during the Gulf War. "His leadership not only inspired his troops, but also inspired the nation."



Schwarzkopf's success during what was known as Operation Desert Storm came under President George H.W. Bush, who said today through his office that he mourned "the loss of a true American patriot and one of the great military leaders of his generation."



"Gen. Norm Schwarzkopf, to me, epitomized the 'duty, service, country' creed that has defended our freedom and seen this great nation through our most trying international crises," Bush said. "More than that, he was a good and decent man -- and a dear friend."



Bush's office released the statement though Bush, himself, was ill, hospitalized in Texas with a stubborn fever and on a liquids-only diet.



Schwarzkopf, the future four-star general, was born Aug. 24, 1934, in Trenton, N.J. He was raised as an army brat in Iran, Switzerland, Germany and Italy, following in his father's footsteps to West Point and being commissioned as a second lieutenant in 1956.



Schwarzkopf's father, who shared his name, directed the investigation of the Lindbergh baby kidnapping as head of the New Jersey State Police, later becoming a bridgadier general in the U.S. Army.



The younger Schwarzkopf earned three Silver Stars for bravery during two tours in Vietnam, gaining a reputation as an opinionated, plain-spoken commander with a sharp temper who would risk his own life for his soldiers.



"He had volunteered to go to Vietnam early just so he could get there before the war ended," said former Army Col. William McKinney, who knew Schwarzkopf from their days at West Point, according to ABC News Radio.



In 1983, as a newly-minted general, Schwarzkopf once again led troops into battle in President Reagan's invasion of Granada, a tiny Caribbean island where the White House saw American influence threatened by a Cuban-backed coup.



But he gained most of his fame in Iraq, where he used his 6-foot-3, 240-pound frame and fearsome temper to drive his troops to victory. Gruff and direct, his goal was to win the war as quickly as possible and with a focused objective: getting Iraq out of Kuwait.



"If it had been our intention to take Iraq, if it had been our intention to destroy the country, if it had been our intention to overrun the country, we could have done it unopposed," he said at a military briefing in 1991.



He spoke French and German to coalition partners, showed awareness of Arab sensitivities and served as Powell's operative man on the ground.



Powell today recalled Schwarzkopf as "a great patriot and a great soldier," who "served his country with courage and distinction for over 35 years."



"He was a good friend of mine, a close buddy," Powell added. "I will miss him."



Schwarzkopf retired from the Army after Desert Storm in 1991, writing an autobiography, becoming an advocate for prostate cancer awareness, serving on the boards of various charities and lecturing. He and his wife, Brenda, had three children.



Schwarzkopf spent his retirement in Tampa, home base for his last military assignment as commander-in-chief of U.S. Central Command.



ABC News' Dana Hughes, Gina Sunseri and Polson Kanneth contributed to this report.

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China tightening controls on Internet






BEIJING (AP) — China‘s new communist leaders are increasing already tight controls on Internet use and electronic publishing following a spate of embarrassing online reports about official abuses.


The measures suggest China’s new leader, Xi Jinping, and others who took power in November share their predecessors’ anxiety about the Internet’s potential to spread opposition to one-party rule and their insistence on controlling information despite promises of more economic reforms.






“They are still very paranoid about the potentially destabilizing effect of the Internet,” said Willy Lam, a politics specialist at the Chinese University of Hong Kong. “They are on the point of losing a monopoly on information, but they still are very eager to control the dissemination of views.”


This week, China’s legislature took up a measure to require Internet users to register their real names, a move that would curtail the Web’s status as a freewheeling forum to complain, often anonymously, about corruption and official abuses. The legislature scheduled a news conference Friday to discuss the measure, suggesting it was expected to be approved.


That comes amid reports Beijing might be disrupting use of software that allows Web surfers to see sites abroad that are blocked by its extensive Internet filters. At the same time, regulators have proposed rules that would bar foreign companies from distributing books, news, music and other material online in China.


Beijing promotes Internet use for business and education but bans material deemed subversive or obscene and blocks access to foreign websites run by human rights and Tibet activists and some news outlets. Controls were tightened after social media played a role in protests that brought down governments in Egypt and Tunisia.


In a reminder of the Web’s role as a political forum, a group of 70 prominent Chinese scholars and lawyers circulated an online petition this week appealing for free speech, independent courts and for the ruling party to encourage private enterprise.


Xi and others on the party’s ruling seven-member Standing Committee have tried to promote an image of themselves as men of the people who care about China’s poor majority. They have promised to press ahead with market-oriented reforms and to support entrepreneurs but have given no sign of support for political reform.


Communist leaders who see the Internet as a source of economic growth and better-paid jobs were slow to enforce the same level of control they impose on movies, books and other media, apparently for fear of hurting fledgling entertainment, shopping and other online businesses.


Until recently, Web surfers could post comments online or on microblog services without leaving their names.


That gave ordinary Chinese a unique opportunity to express themselves to a public audience in a society where newspapers, television and other media are state-controlled. The most popular microblog services say they have more than 300 million users and some users have millions of followers reading their comments.


The Internet also has given the public an unusual opportunity to publicize accusations of official misconduct.


A local party official in China’s southwest was fired in November after scenes from a videotape of him having sex with a young woman spread quickly on the Internet. Screenshots were uploaded by a former journalist in Beijing, Zhu Ruifeng, to his Hong Kong website, an online clearing house for corruption allegations.


Some industry analysts suggest allowing Web surfers in a controlled setting to vent helps communist leaders stay abreast of public sentiment in their fast-changing society. Still, microblog services and online bulletin boards are required to employ censors to enforce content restrictions. Researchers say they delete millions of postings a day.


The government says the latest Internet regulation before the National People’s Congress is aimed at protecting Web surfers’ personal information and cracking down on abuses such as junk e-mail. It would require users to report their real names to Internet service and telecom providers.


The main ruling party newspaper, People’s Daily, has called in recent weeks for tighter Internet controls, saying rumors spread online have harmed the public. In one case, it said stories about a chemical plant explosion resulted in the deaths of four people in a car accident as they fled the area.


Proposed rules released this month by the General Administration of Press and Publications would bar Chinese-foreign joint ventures from publishing books, music, movies and other material online in China. Publishers would be required to locate their servers in China and have a Chinese citizen as their local legal representative.


That is in line with rules that already bar most foreign access to China’s media market, but the decision to group the restrictions together and publicize them might indicate official attitudes are hardening.


That comes after the party was rattled by foreign news reports about official wealth and misconduct.


In June, Bloomberg News reported that Xi’s extended family has amassed assets totaling $ 376 million, though it said none was traced to Xi. The government has blocked access to Bloomberg’s website since then.


In October, The New York Times reported that Premier Wen Jiabao’s relatives had amassed $ 2.7 billion since he rose to national office in 2002. Access to the Times’ Chinese-language site has been blocked since then.


Previous efforts to tighten controls have struggled with technical challenges in a country with more than 500 million Internet users.


Microblog operators such as Sina Corp. and Tencent Ltd. were ordered in late 2011 to confirm users’ names but have yet to finish the daunting task.


Web surfers can circumvent government filters by using virtual private networks — software that encrypts Web traffic and is used by companies to transfer financial data and other sensitive information. But VPN users say disruptions that began in 2011 are increasing, suggesting Chinese regulators are trying to block encrypted traffic.


Curbs on access to foreign sites have prompted complaints by companies and Chinese scientists and other researchers.


In July, the American Chamber of Commerce in China said 74 percent of companies that responded to a survey said unstable Internet access “impedes their ability to do business.”


Chinese leaders “realize there are detrimental impacts on business, especially foreign business, but they have counted the cost and think it is still worthwhile,” said Lam. “There is no compromise about the political imperative of controlling the Internet.”


Asia News Headlines – Yahoo! News





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Leaked BlackBerry 10 slides show video calling and screen sharing for BBM









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Study links milk-producing protein to aggressive breast cancer






HONG KONG (Reuters) – The discovery that a protein which triggers milk production in women may also be responsible for making breast cancers aggressive could open up new opportunities for treatment of the most common and deadliest form of cancer among women.


Found in all breast cells, the protein ELF5 tries to activate milk production even in breast cancer cells, which does not work and then makes the cancer more aggressive, according to scientists in Australia and Britain.






“The discovery opens up new avenues for therapy and for designing new markers that can predict response to therapy,” said lead author Professor Chris Ormandy from the Garvan Institute of Medical Research in Sydney.


In 2008, Ormandy‘s work linked ELF5 to milk production.


The latest research by Ormandy and his team, published in the journal PLOS Biology on Friday, went a step further to find the link between ELF5 and breast cancer.


“Cancer cells can’t respond properly (to ELF5), so they … acquire some characteristics … that make the disease more aggressive and more refractory (resistant) to treatment with existing therapies,” Ormandy said by telephone.


Ormandy and his team grew human breast cancer tissues, genetically manipulated to contain high amounts of ELF5, in petri dishes and saw how the protein proliferated aggressively.


FINDINGS MAY HELP TARGETED THERAPY


Breast cancer is the most commonly diagnosed cancer and the top cause of cancer death among women, accounting for 23 percent of total cancer cases and 14 percent of cancer deaths in women.


To decide on treatment, doctors normally need to find out if the cancer has receptors for the hormones estrogen and progesterone, which, in the case of breast cancer patients, promote growth in their tumors.


Two-thirds of breast cancers are usually positive for estrogen receptors, which then require anti-hormonal therapies that lower estrogen levels in the patient or block estrogen from supporting the growth of the cancer.


For the remaining one-third of patients, their cancers do not have receptors, which means they won’t benefit from hormonal therapies. Such patients are usually given other treatments, such as chemotherapy.


Ormandy’s team found that cancers with these receptors had low levels of ELF5, while those without receptors had significantly higher levels of the protein.


“What we have shown in this paper is high ELF5 tumors are dependent on ELF5 for their proliferation and if we block ELF5 in high ELF5 tumors, we will block proliferation and that will treat the tumor,” Ormandy said.


“If we can develop a drug that targets ELF5, it will be very useful for that group of women,” he said.


(Reporting by Tan Ee Lyn; Editing by Paul Tait)


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SPOILER ALERT: Twist awaits US fans of ‘Downton’






NEW YORK (AP) — British fans of “Downton Abbey” are feeling blue after Tuesday’s conclusion of Season 3, even as the U.S. audience eagerly anticipates this third cycle on PBS’ “Masterpiece” beginning Jan. 6.


(ANY “ABBEY” DEVOTEES WHO PREFER NOT TO LEARN WHAT AWAITS THEM ARE URGED TO STOP READING RIGHT NOW.)






___


One of the stars of this wildly popular British costume drama is leaving the series after its third season. Dan Stevens had opted not to continue beyond his initial commitment, the British network ITV confirmed Wednesday.


His character, Matthew Crawley, has been written out with what ITV called an “untimely and tragic death” in the season finale. That episode will air in the U.S. in February.


Michelle Dockery will be returning in Season 4 as Matthew’s soon-to-be widow, Lady Mary.


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Powerful winter storm pounds Northeast


A powerful winter storm system that pounded the nation's midsection, wrecking holiday travel plans and dumping a record snowfall in Arkansas, began lashing the Northeast on Wednesday with high winds, snow and sleet.


The storm, which knocked out power to thousands of utility customersm mainly in Arkansas, was blamed in at least six deaths.


Hundreds of flights were canceled or delayed, scores of motorists got stuck on icy roads or slid into drifts and blizzard warnings were issued amid snowy gusts of 30 mph that blanketed roads and windshields, at times causing whiteout conditions.


"The way I've been describing it is as a low-end blizzard, but that's sort of like saying a small Tyrannosaurus rex," said John Kwiatkowski, a meteorologist with the National Weather Service in Indianapolis.


The system, which spawned Gulf Coast region tornadoes on Christmas Day, pushed through the Upper Ohio Valley and headed into the Northeast Wednesday night. High winds, snow and sleet slickened roads in Massachusetts, Rhode Island and Connecticut, causing dozens of minor accidents and spinouts. Forecasts called for 12 to 18 inches of snow inland from western New York to Maine into Thursday.


The National Weather Service said early Thursday that snow was falling heavily in Pennsylvania, upstate New York and some New England states. Among the highest snow totals were 2 to five inches in southeastern Massachusetts, 3 to 6 inches in Connecticut, up to a foot in some Pennsylvania counties and 10 to 11 inches in some parts of western New York.


The system was expected to taper off into a mix of rain and snow closer to the coast, where little or no accumulation was expected in such cities as Philadelphia, Boston and New York.


The storm left freezing temperatures in its aftermath, and forecasters also said parts of the Southeast from Virginia to Florida would see severe thunderstorms.


Schools on break and workers taking holiday vacations meant that many people could avoid messy commutes, but those who had to travel were implored to avoid it. Snow was blamed for scores of vehicle accidents as far east as Maryland, and about two dozen counties in Indiana and Ohio issued snow emergency travel alerts, urging people to go out on the roads only if necessary.


About 40 vehicles got bogged down trying to make it up a slick hill in central Indiana, and four state snowplows slid off roads as snow fell at the rate of 3 inches an hour in some places.


Two passengers in a car on a sleet-slickened Arkansas highway were killed Wednesday in a head-on collision, and two people, including a 76-year-old Milwaukee woman, were killed Tuesday on Oklahoma highways. Deaths from wind-toppled trees were reported in Texas and Louisiana.


The day after Christmas wasn't expected to be particularly busy for AAA, but its Cincinnati-area branch had its busiest Wednesday of the year. By mid-afternoon, nearly 400 members had been helped with tows, jump starts and other aid, with calls still coming in, spokesman Mike Mills said.


Jennifer Miller was taking a bus Wednesday from Cincinnati to visit family in Columbus.


"I wish this had come yesterday and was gone today," she said, struggling with a rolling suitcase and three smaller bags on a slushy sidewalk near the station. "I'm glad I don't have to drive in this."


Traffic crawled at 25 mph on Interstate 81 in Maryland, where authorities reported scores of accidents.


"We're going to try to go down south and get below" the storm, said Richard Power, traveling from home in Levittown, N.Y., to Kentucky with his wife, two children and their beagle, Lucky.


He said they were well on their way until they hit snow in Pennsylvania, then 15-mph traffic on I-81 at Hagerstown, Md.


"We're going to go as far as we can go. ... If it doesn't get better, we're going to just get a hotel," he said.


More than 1,600 flights were canceled, according to the aviation tracking website FlightAware.com, and some airlines said they would waive change fees. Lengthy delays were reported Wednesday at the three major New York City-area airports, the Federal Aviation Administration said.


In Arkansas, some of the nearly 200,000 people who lost power could be without it for as long as a week because of snapped poles and wires after ice and 10 inches of snow coated power lines, said the state's largest utility, Entergy Arkansas.


Gov. Mike Beebe, who declared a statewide emergency, sent out National Guard teams, and Humvees transported medical workers and patients. Snow hadn't fallen in Little Rock on Christmas since 1926, but the capital ended Tuesday with 10.3 inches of it.


Other states also had scattered outages. Duke Energy said it had nearly 300 outages in Indiana, with few left in Ohio by early afternoon after scores were reported in the morning.


As the storm moved east, New England state highway departments were treating roads and getting ready to mobilize with snowfall forecasts of a foot or more.


"People are picking up salt and a lot of shovels today," said Andy Greenwood, an assistant manager at Aubuchon Hardware in Keene, N.H.


As usual, winter-sports enthusiasts welcomed the snow. At Smiling Hill Farm in Maine, Warren Knight was hoping for enough snow to allow the opening of trails.


"We watch the weather more carefully for cross-country skiing than we do for farming. And we're pretty diligent about farming. We're glued to the weather radio," said Knight, who described the weather at the 500-acre farm in Westbrook as being akin to the prizes in "Cracker Jacks — we don't know what we're going to get."


Behind the storm, Mississippi's governor declared states of emergency in eight counties with more than 25 people reported injured and 70 homes left damaged.


Cindy Williams stood near a home in McNeill, Miss., where its front had collapsed into a pile of wood and brick, a balcony and the porch ripped apart. Large oak trees were uprooted and winds sheared off treetops in a nearby grove. But she focused instead on the fact that all her family members had escaped harm.


"We are so thankful," she said. "God took care of us."


___


Associated Press writers Rick Callahan and Charles Wilson in Indianapolis, Kelly P. Kissel in Little Rock, Ark.; Jim Van Anglen in Mobile, Ala.; Holbrook Mohr in Jackson, Miss.; Julie Carr Smyth and Mitch Stacy in Columbus, Ohio; Amanda Lee Myers in Cincinnati; David Dishneau in Hagerstown, Md.; Holly Ramer in Concord, N.H.; and David Sharp in Portland, Maine, contributed to this report.


___


Contact Dan Sewell at http://www.twitter.com/dansewell


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Afghan bomber attacks near major US base






KABUL, Afghanistan (AP) — A vehicle driven by a suicide bomber exploded at the gate of a major U.S. military base in eastern Afghanistan on Wednesday, killing the attacker and three Afghans, Afghan police said. The Taliban claimed responsibility for the attack.


Police Gen. Abdul Qayum Baqizai said a local guard who questioned the vehicle driver at the gate of Camp Chapman was killed along with two civilians and the assailant. The camp is located adjacent to the airport of the capital of Khost province, which borders Pakistan. Chapman and nearby Camp Salerno had been frequently targeted by militants in the past, but violent incidents have decreased considerably in recent months.






Taliban spokesman Zabihullah Mujahid said in an email that the bomber targeted Afghan police manning the gate and Afghans working for the Americans entering the base. He claimed high casualties were inflicted.


NATO operates with more than 100,000 troops in the country, including some 66,000 American forces. It is handing most combat operations over to the Afghans in preparation for a pullout from Afghanistan in 2014. Militant groups, including the Taliban, rarely face NATO troops head-on and rely mainly on roadside bombs and suicide attacks.


NATO forces and foreign civilians have also been increasingly attacked by rogue Afghan military and police, eroding trust between the allies.


On Tuesday, the Interior Ministry said a policewoman who killed an American contractor in Kabul a day earlier was a native Iranian who came to Afghanistan and displayed “unstable behavior” but had no known links to militants.


The policewoman, identified as Sgt. Nargas, shot 49-year-old Joseph Griffin, of Mansfield, Georgia, on Monday, in the first such shooting by a woman in the spate of insider attacks. Nargas walked into a heavily-guarded compound in the heart of Kabul, confronted Griffin and shot him once with her pistol.


The U.S-based security firm DynCorp International said on its website that Griffin was a U.S. military veteran who earlier worked with law enforcement agencies in the United States. In Kabul, he was under contract to the NATO military command to advise the Afghan police force.


The ministry spokesman, Sediq Sediqi, told a news conference that Nargas, who uses one name like many in the country, was born in Tehran, where she married an Afghan. She moved to the country 10 years ago, after her husband obtained fake documents enabling her to live and work there.


A mother of four in her early 30s, she joined the police five years ago, held various positions and had a clean record, he said. Sediqi produced an Iranian passport that he said was found at her home.


No militant group has claimed responsibility for the killing.


The chief investigator of the case, Police Gen. Mohammad Zahir, said that during interrogation, the policewoman said she had plans to kill either the Kabul governor, city police chief or Zahir himself, but when she realized that penetrating the last security cordons to reach them would be too difficult, she saw “a foreigner” and turned her weapon on him.


There have been 60 insider attacks this year against foreign military and civilian personnel, compared to 21 in 2011. This surge presents another looming security issue as NATO prepares to pull out almost all of its forces by 2014, putting the war against the Taliban and other militant groups largely in the hands of the Afghans.


More than 50 Afghan members of the government’s security forces also have died this year in attacks by their own colleagues. The Taliban claims such incidents reflect a growing popular opposition to the foreign military presence and the Kabul government.


Asia News Headlines – Yahoo! News





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10 Things to Do on Dec. 26






Christmas has ended and New Year’s Eve is still a few days away. What’s a person to do during this holiday lull?


1. Complain About Your Christmas Gifts






[More from Mashable: ‘We Are Young’ Performed on Vintage Computer Parts]




2. Use Your New Label Maker


Image courtesy of Imgur


3. Find Weird Crap Around Your Parents’ House





4. Attempt to Learn How a Kindle Works





5. Recreate Old Family Photos


Image courtesy of Reddit, 31Max


Image courtesy of Imgur, ConnorUllmann


6. Try to Figure Out What Boxing Day Is






Educate yourself.


7. Put Away the Christmas Throw-Up


Image courtesy of Reddit, xbaahx


8. Return the Stuff You Don’t Want


Image courtesy of Imgur


9. Reuse the Christmas Tree Tinsel and Other Holiday Decorations


Image via Borntobenervous.com


Image courtesy of Flickr, stuartpilbrow


10. Take a Nap


1. Sluggish Pug


Image courtesy of Flickr, chriswaits


Click here to view this gallery.


Thumbnail image courtesy of Flickr, formatc1


This story originally published on Mashable here.


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Former President George H.W. Bush in intensive care: spokesman






AUSTIN, Texas (Reuters) – Former President George H.W. Bush is in the intensive care unit of a Houston hospital and is in “guarded condition,” family spokesman Jim McGrath said Wednesday.


“The President is alert and conversing with medical staff, and is surrounded by family,” McGrath said in a statement.






Bush was admitted to the intensive care unit on Sunday, McGrath said.


(Reporting By Corrie MacLaggan; Editing by Paul Thomasch)


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