Condé Nast Contracts Cut Author’s Share in Film Deals

It’s a dream tucked in the backs of many journalists’ minds: the article they write becomes a blockbuster movie and they reap a healthy share of the profits, a walk on the red carpet and — who knows? — maybe even an Oscar.

Fred Prouser/Reuters

Dawn Ostroff, president of Condé Nast Entertainment.

At Condé Nast magazines like Wired, Vanity Fair and The New Yorker, that wish has become reality for a small but steady number of writers. Condé Nast articles led to the movie “Argo,” which so far has generated $166 million in worldwide box-office sales, “Eat Pray Love,” which made $204 million in global sales and “Brokeback Mountain,” which brought in $178 million.

But now, Condé Nast, whose magazines are battling a punishing business environment, wants to capture more of the film and television profits, which previously went to writers who owned the rights to these works. The new contracts have angered writers and their agents who argue that it’s another cut at their already rapidly shrinking compensation.

“It doesn’t give authors the option or the alternative to go elsewhere for their movie and television rights, and therefore there’s no competition,” said Jan Constantine, general counsel for the Authors Guild who recently advised an agent negotiating one of these contracts.

According to copies of the various contracts provided and described to The New York Times, those exclusive rights ranged from 30 days to one year. The contracts also show that if Condé Nast decides to option the article, writers receive $2,500 to $5,000 for a 12-month option. If an article is developed into a major feature film, writers receive no more than 1 percent or $150,000 toward the purchase price.

Television programs and made-for-television movies are capped at even lower amounts, especially for less experienced writers. These arrangements are agreed to before an article has even been published.

“This is bottom-of-the-barrel pricing,” said one agent who refused to allow writers to sign the new contracts, but declined to be identified for fear of retribution toward the agent’s clients. “There’s no reason my clients who are the premier writers in the country should be shackled by this agreement that forces them to accept very low prices and also take their project off the market.”

Many writers for Condé Nast magazines like The New Yorker work under one-year contracts that lack basic employee benefits like a 401(k) retirement plan or health insurance, but they are allowed to keep the rights to their work. (By contrast, newspapers typically own the full rights to articles published by their employees.)

Some agents have warned writers not to sign the contracts because they chip away further at their income. But other writers have signed the agreements because they don’t want to lose the chance to have their byline appear in The New Yorker or Vanity Fair.

Writers interviewed for this article who have contracts with Condé Nast emphasized that in this economy they can’t simply go out and get a contract with another magazine.

One longtime contract writer used the proceeds from an option to pay for medical bills resulting from an injury caused during reporting in the Middle East.

Some writers predict that these contracts will create an even wider divide between Condé Nast’s most celebrated writers and its stable of lesser known but productive contributors.

“The people who really get the big options are not going to sign, and the people who don’t get the big options are going to be railroaded,” said one Condé Nast writer who asked not to be identified because of fears of retribution from the company. “What you are really taking is people’s self-respect.”

The plans to secure more of these rights started in late 2011, when Condé Nast formed an entertainment group to help it secure some of the profits its writers received when their articles were developed into film and television programs.

In the past, Condé Nast struggled to profit from many of the programs made about its publications. For example, it did not receive any of the $6.4 million made at the global box office for “The September Issue,” a documentary about Vogue.

In late 2011, the company hired Dawn Ostroff, previously president of the CW television network, to run the entertainment group. While a Condé Nast spokesman declined to talk about the specific contract negotiations, the spokesman said the company hopes to offer its writers more development options through the new entertainment group.

“As we expand into digital, film and television entertainment, we are excited to bring the extraordinary work of our writers and photographers to these platforms, showcase their content in new ways, and create expanded opportunities for their work to be enjoyed by new audiences,” the spokesman said.

But writers and agents remain skeptical of how many projects will actually be developed. Although Charles H. Townsend, chief executive of Condé Nast, said in October that the division is developing 15 projects, the entertainment group has not officially announced any of them. Some agents said they fear that Condé Nast does not have enough muscle in the entertainment world to make these deals happen.

“They’re not a film company,” the agent said. “There are many other companies who are not in the movie business who tried to do a land grab and it doesn’t work.”

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Remembering 'the last Jewish man of Boyle Heights'

It took Eddie Goldstein's dying for me to finally wear a yarmulke. Grateful for a bobby pin, I somehow kept it from slipping off as I scribbled on a notebook in a funeral chapel at a Jewish cemetery in Boyle Heights.

Three days before, I had gotten an email from one of his granddaughters.

"It is with a heavy heart that I email you to inform you that my grandpa (the last Jewish man of Boyle Heights) has passed today," Crystal Vargas wrote.

One of his brothers showed up at the chapel on Wednesday morning, along with two Jewish nieces and a nephew. But the rest of the pews were filled by Mexican American children and grandchildren and great-grandchildren, not to mention Mexican American neighbors on Folsom Street who considered the Santa Claus-like Goldstein "the Grandfather of the Neighborhood."

In the early 1960s, he fell in love with and married Esther Guzman, who had three children from a previous marriage and four adopted children. He had a Jewish son from a previous relationship that he got to know in his latter years.

By blood, his Mexican American family was not his kin. But that was only a technicality. They were the closest people he had. He had 35 grandchildren and great-grandchildren. One of them, Elizabeth Castillos, 43, related their favorite stories — how he warmed a Catholic school uniform on the oven, how he constantly tried to feed them.

"I'm sorry, mi hija, for making you guys chubby," Castillos recalled him saying. "But I love your chubby faces."

Eddie was 79, and as far as I could tell, he was indeed the last Jewish person in Boyle Heights who was born there and never left. But I had no way of knowing for sure when I wrote a front page article about him in 2009. Eddie had seen most of the other Jewish people leave, as well as the Japanese, Italians and other groups who had once helped make this working-class Eastside neighborhood Los Angeles' true melting pot.

L.A. has a reputation for being a melting pot today, and in a broad sense, it is. But when you bear down a little, you realize how homogenous some neighborhoods are, or have become. That was certainly true of Boyle Heights when I was born there 40 years after Eddie.

Though I went to grade school just a block from Goldstein's Folsom Street home, and even went to Roosevelt High as he did, I grew up in a very different place. Nearly everyone I knew was like me: not just Latino, but Mexican American or Mexican.

Later, when I went to college and was exposed to more diversity, and when I eventually married a Chinese woman, I reflected more on what ethnicity really means. Eddie's life reinforced to me how flimsy racial and ethnic constructs could be, especially when love is involved.

I had been looking for years for a Jewish man still living in Boyle Heights when I finally met him. Eddie Goldstein, a Jewish guy with a distinctly Mexican American accent. He was a remarkably humble man, a retired meatpacker. He showed me a picture of one of his granddaughters. "That's my prieta, my Barbara," he said tenderly, using the Spanish word for a brown-skinned girl.

When Esther died eight years ago, he buried her at the Home of Peace Cemetery — the Jewish cemetery that would be his resting place too — with an inscription that read: "My Wife the Love of My Life, Our Love is Forever My Love." He preserved a shrine to his wife with candles and a statue of St. Anthony holding the baby Jesus; rosary beads were draped around the shoulders of a Sacred Heart of Jesus statue. Although he was not a devoutly religious Jew, Goldstein did this mostly to honor family members and friends who had been Catholic. He accompanied his wife in church, but culturally hewed to many Jewish traditions, often with his wife's prodding.

He kept a yarmulke in the trunk of his prized Cadillac, which he called his "black beauty." Soon after the article ran, a young rabbi, Moshe Levin, sought out Eddie and performed his bar mitzvah.

"The bar mitzvah was not a conventional one with music, photographers and wet smooches from aunts and uncles to the young bar mitzvah boy," Levin said. But Eddie was proud.

Eddie missed the days when his home was filled not only by the presence of his wife but also his children and grandchildren. I'd call his home now and then, and not get an answer. I'd drive to his house, worried he had died.

Of course he'd be alive and proceed to apologize. He'd get into these moods, Eddie told me, and channeling his inner Jewish mother, would unhook his phone, thinking that maybe his children would show up "to see if I was lying on the floor or something."

It seemed to work.

Last year I was driving down Folsom Street when I saw Eddie sitting on his porch. We chatted for the last time. He caught pneumonia and was taken to a hospital on New Year's Eve. He died Jan. 5.

Though it wasn't a Jewish tradition, the family had a simple wake for him the night before his funeral at a mortuary. The place was filled. Even a neighborhood pharmacist showed up. The men wore white guayaberas, which to Eddie constituted "fancy shirts." The women dressed in red, his favorite color.

As I sat on a bench in the chapel one day later, I couldn't help but be struck by the scene. Maybe only in a city like L.A. could you see this: a Jewish man, about to be buried next to his Mexican American wife in a Jewish cemetery by his large Mexican American brood.

Before the pallbearers helped carry his casket to its final resting spot, the rabbi presiding over the services tried to capture in one word what Eddie Goldstein was: "A mensch," he said.

That sounded about right.

hector.becerra@latimes.com

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Aaron Swartz, Coder and Activist, Dead at 26

We often say, upon the passing of a friend or loved one, that the world is a poorer place for the loss. But with the untimely death of programmer and activist Aaron Swartz, this isn’t just a sentiment; it’s literally true. Worthy, important causes will surface without a champion equal to their measure. Technological problems will go unsolved, or be solved a little less brilliantly than they might have been. And that’s just what we know. The world is robbed of a half-century of all the things we can’t even imagine Aaron would have accomplished with the remainder of his life.

Aaron Swartz committed suicide Friday in New York. He was 26 years old.

When he was a 14 years old, Aaron helped develop the RSS standard; he went on to found Infogami, which became part of Reddit. But more than anything Aaron was a coder with a conscience: a tireless and talented hacker who poured his energy into issues like network neutrality, copyright reform and information freedom.  Among countless causes, he worked with Larry Lessig at the launch of the Creative Commons, architected the Internet Archive’s free public catalog of books, OpenLibrary.org, and in 2010 founded Demand Progress, a non-profit group that helped drive successful grassroots opposition to SOPA last year.

“Aaron was steadfast in his dedication to building a better and open world,” writes Internet Archive founder Brewster Kahle. “He is among the best spirits of the Internet generation. I am crushed by his loss, but will continue to be enlightened by his work and dedication.”

In 2006 Aaron was part of a small team that sold Reddit to Condé Nast , Wired’s parent company. For a few months he worked in our office here in San Francisco.  I knew Aaron then and since, and I liked him a lot — honestly, I loved him. He was funny, smart, sweet and selfless. In the vanishingly small community of socially and politically active coders, Aaron stood out not just for his talent and passion, but for floating above infighting and reputational cannibalism.  His death is a tragedy.

I don’t know why he killed himself, but Aaron has written openly about suffering from depression. It couldn’t have helped that he faced a looming federal criminal trial in Boston on hacking and fraud charges, over a headstrong stunt in which he arranged to download millions of academic articles from the JSTOR subscription database for free from September 2010 to January 2011, with plans to release them to the public.

JSTOR provides searchable, digitized copies of academic journals online. MIT had a subscription to the database, so Aaron brought a laptop onto MIT’s campus, plugged it into the student network and ran a script called keepgrabbing.py that aggressively — and at times disruptively — downloaded one article after another. When MIT tried to block the downloads, a cat-and-mouse game ensued, culminating in Swartz entering a networking closet on the campus, secretly wiring up an Acer laptop to the network, and leaving it there hidden under a box. A member of MIT’s tech staff discovered it, and Aaron was arrested by campus police when he returned to pick up the machine.

The JSTOR hack was not Aaron’s first experiment in liberating costly public documents. In 2008, the federal court system briefly allowed free access to its court records system, Pacer, which normally charged the public eight cents per page. The free access was only available from computers at 17 libraries across the country, so Aaron went to one of them and installed a small PERL script he had written that cycled sequentially through case numbers, requesting a new document from Pacer every three seconds, and uploading it to the cloud. Aaron pulled nearly 20 million pages of public court documents, which are now available for free on the Internet Archive.

The FBI investigated that hack, but in the end no charges were filed. Aaron wasn’t so lucky with the JSTOR matter. The case was picked up by Assistant U.S. Attorney Steve Heymann in Boston, the cybercrime prosecutor who won a record 20-year prison stretch for TJX hacker Albert Gonzalez. Heymann indicted Aaron on 13 counts of wire fraud, computer intrusion and reckless damage. The case has been wending through pre-trial motions for 18 months, and was set for jury trial on April 1.

Larry Lessig, who worked closely with Aaron for years, disapproves of Aaron’s JSTOR hack. But in the painful aftermath of Aaron’s suicide, Lessig faults the government for pursuing Aaron with such vigor. “[Aaron] is gone today, driven to the edge by what a decent society would only call bullying,” Lessig writes. “I get wrong. But I also get proportionality. And if you don’t get both, you don’t deserve to have the power of the United States government behind you.”

Update: Aaron’s parents, Robert and Susan Swartz, his two brothers and his partner, Taren Stinebrickner-Kauffman, have established a memorial website for him, and released this statement.

Our beloved brother, son, friend, and partner Aaron Swartz hanged himself on Friday in his Brooklyn apartment. We are in shock, and have not yet come to terms with his passing.

Aaron’s insatiable curiosity, creativity, and brilliance; his reflexive empathy and capacity for selfless, boundless love; his refusal to accept injustice as inevitable—these gifts made the world, and our lives, far brighter. We’re grateful for our time with him, to those who loved him and stood with him, and to all of those who continue his work for a better world.

Aaron’s commitment to social justice was profound, and defined his life. He was instrumental to the defeat of an Internet censorship bill; he fought for a more democratic, open, and accountable political system; and he helped to create, build, and preserve a dizzying range of scholarly projects that extended the scope and accessibility of human knowledge. He used his prodigious skills as a programmer and technologist not to enrich himself but to make the Internet and the world a fairer, better place. His deeply humane writing touched minds and hearts across generations and continents. He earned the friendship of thousands and the respect and support of millions more.

Aaron’s death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach. Decisions made by officials in the Massachusetts U.S. Attorney’s office and at MIT contributed to his death. The US Attorney’s office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims. Meanwhile, unlike JSTOR, MIT refused to stand up for Aaron and its own community’s most cherished principles.

Today, we grieve for the extraordinary and irreplaceable man that we have lost.

—

Quinn Norton: My Aaron Swartz, whom I loved

Corey Doctorow: RIP, Aaron Swartz

Alex Stamos: The Truth about Aaron Swartz’s “Crime”

Photo: Flickr/Creative Commons

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Sony Pictures executive: “Zero Dark Thirty” “does not advocate torture”

LOS ANGELES (Reuters) – Sony Pictures executive Amy Pascal lashed out on Friday at a member of the Academy of Motion Picture Arts and Sciences (AMPAS) who accused Osama bin Laden film “Zero Dark Thirty” of promoting torture and urged fellow Academy members not to vote for it in the Oscars race.

In a strongly worded statement, Pascal said the “attempt to censure one of the great films of our time should be opposed.”

“We are outraged that any responsible member of the Academy would use their voting status in AMPAS as a platform to advance their own political agenda,” said Pascal, who is co-chairman of Sony Pictures Entertainment and chairman of its Columbia TriStar Motion Picture Group.

“This film should be judged free of partisanship,” she said, adding that the film “does not advocate torture.”

Pascal’s comments came in response to Academy member David Clennon’s remarks at a rally against the torture of terror suspects in Los Angeles on Friday.

“I believe that the film clearly promotes a tolerance for torture,” Clennon told local ABC TV news affiliate KABC, adding “I hope that my fellow members of the Academy will consider the morality of each nominee.”

Clennon, an actor who appeared in 1980s TV series “thirtysomething,” also wrote an opinion piece earlier this week criticizing the film.

“At the risk of being expelled for disclosing my intentions, I will not be voting for ‘Zero Dark Thirty’ – in any Academy Awards category,” Clennon wrote on progressive news website Truth-out.org in a January 9 posting.

“‘Zero’ never acknowledges that torture is immoral and criminal. It does portray torture as getting results,” he added.

The 6,000 members of the Academy are urged not to reveal who they cast their votes for. Academy Award winners are revealed at a ceremony in February, the highlight of Hollywood’s award season.

The Academy on Friday declined to comment on Clennon’s remarks.

“Zero Dark Thirty” won five Oscar nominations, including a nod for best picture, despite coming under attack in Washington over its source material and claims by politicians that it depicts torture as helping the United States find and kill the al Qaeda leader in May 2011.

Among the film’s nominees were actress Jessica Chastain and screenwriter Mark Boal, but director Kathyrn Bigelow surprisingly failed to make the Oscar best director shortlist.

Sony Pictures Entertainment is a unit of Sony Corp.

(Reporting By Piya Sinha-Roy; Editing by Jill Serjeant and Eric Walsh)

Movies News Headlines – Yahoo! News

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City Room: Cuomo Declares Public Health Emergency Over Flu Outbreak

With the nation in the grip of a severe influenza outbreak that has seen deaths reach epidemic levels, New York State declared a public health emergency on Saturday, making access to vaccines more easily available.

There have been nearly 20,000 cases of flu reported across the state so far this season, officials said. Last season, 4,400 positive laboratory tests were reported.

“We are experiencing the worst flu season since at least 2009, and influenza activity in New York State is widespread, with cases reported in all 57 counties and all five boroughs of New York City,” Gov. Andrew M. Cuomo said in a statement.

Under the order, pharmacists will be allowed to administer flu vaccinations to patients between 6 months and 18 years old, temporarily suspending a state law that prohibits pharmacists from administering immunizations to children.

While children and older people tend to be the most likely to become seriously ill from the flu, Mr. Cuomo urged all New Yorkers to get vaccinated.

On Friday, the Centers for Disease Control and Prevention in Atlanta said that deaths from the flu had reached epidemic levels, with at least 20 children having died nationwide. Officials cautioned that deaths from pneumonia and the flu typically reach epidemic levels for a week or two every year. The severity of the outbreak will be determined by how long the death toll remains high or if it climbs higher.

There was some evidence that caseloads may be peaking, federal officials said on Friday.

In New York City, public health officials announced on Thursday that flu-related illnesses had reached epidemic levels, and they joined the chorus of authorities urging people to get vaccinated.

“It’s a bad year,” the city’s health commissioner, Dr. Thomas A. Farley, told reporters on Thursday. “We’ve got lots of flu, it’s mainly type AH3N2, which tends to be a little more severe. So we’re seeing plenty of cases of flu and plenty of people sick with flu. Our message for any people who are listening to this is it’s still not too late to get your flu shot.”

There has been a spike in the number of people going to emergency rooms over the past two weeks with flulike symptoms – including fever, fatigue and coughing – Dr. Farley said.

Mayor Michael R. Bloomberg and Mr. Cuomo made a public display of getting shots this past week.

In a briefing with reporters on Friday, officials from the C.D.C. said that this year’s vaccine was effective in 62 percent of cases.

As officials have stepped up their efforts encouraging vaccinations, there have been scattered reports of shortages. But officials said plenty of the vaccine was available.

According to the C.D.C., makers of the flu vaccine produced about 135 million doses for this year. As of early this month, 128 million doses had been distributed. While that would not be enough for every American, only 37 percent of the population get a flu shot each year.

Federal health officials said they would be happy if that number rose to 50 percent, which would mean that there would be more than enough vaccine for anyone who wanted to be immunized.

Two other diseases – norovirus and whooping cough – are also widespread this winter and are contributing to the number of people getting sick.

The flu can resemble a cold, though the symptoms come on more rapidly and are more severe.

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Treasury Will Not Mint $1 Trillion Coin to Raise Debt Ceiling

WASHINGTON — The Treasury Department said Saturday that it will not mint a trillion-dollar platinum coin to head off an imminent battle with Congress over raising the government’s borrowing limit.

“Neither the Treasury Department nor the Federal Reserve believes that the law can or should be used to facilitate the production of platinum coins for the purpose of avoiding an increase in the debt limit,” Anthony Coley, a Treasury spokesman, said in a written statement.

The Obama administration has indicated that the only way for the country to avoid a cash-management crisis as soon as next month is for Congress to raise the “debt ceiling,” which is the statutory limit on government borrowing. The cap is $16.4 trillion.

“There are only two options to deal with the debt limit: Congress can pay its bills, or it can fail to act and put the nation into default,” Jay Carney, the White House press secretary, said in a statement. “Congress needs to do its job.”

In recent weeks, some Republicans have indicated that they would not agree to raise the debt limit unless Democrats agreed to make cuts to entitlement programs like Social Security.

The White House has said it would not negotiate spending cuts in exchange for Congressional authority to borrow more, and it has insisted that Congress raise the ceiling as a matter of course, to cover expenses already authorized by Congress. In broader fiscal negotiations, it has said it would not agree to spending cuts without commensurate tax increases.

The idea of minting a trillion-dollar coin drew wide if puzzling attention recently after some bloggers and economic commentators had suggested it as an alternative to involving Congress.

By virtue of an obscure law meant to apply to commemorative coins, the Treasury secretary could order the production of a high-denomination platinum coin and deposit it at the Federal Reserve, where it would count as a government asset and give the country more breathing room under its debt ceiling. Once Congress raised the debt ceiling, the Treasury secretary could then order the coin destroyed.

Mr. Carney, the press secretary, fielded questions about the theoretical tactic at a news conference last week. But the idea is now formally off the table.

The White House has also rejected the idea that it could mount a challenge to the debt ceiling itself, on the strength of the Fourteenth Amendment to the Constitution, which holds that the “validity of the public debt” of the United States “shall not be questioned.”

The Washington Post earlier published a report that the Obama administration had rejected the platinum-coin idea.

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Syrian rebels say they've seized strategic Taftanaz air base

BEIRUT – After weeks of fighting, Syrian rebels said Friday that they had seized a strategic air base in northwestern Idlib province, depriving the government of its ability to carry out helicopter airstrikes in the area.

The Taftanaz air base has been used by the government to stage helicopter attacks on rebels in the province, adjacent to the Turkish border. The campaign to seize it had been spearheaded by hard-line Islamic fighting groups, such as Al Nusra Front, which is affiliated with Al Qaeda.

"It was fully liberated, today in the morning. There are no elements from the regime at all, and now the FSA [Free Syrian Army] has complete control," a rebel said Friday in an interview by Skype. He called himself Ismaili Taftanazi, after the name of the air base.

The government of Syrian President Bashar Assad had no comment on the status of Taftanaz, but if the rebels' claim is confirmed, it will amount to a major strategic victory for the Islamist fighters, who have concentrated on peeling off air bases. If they can deprive the government of its bases, it will be harder for Assad's forces to resupply, move troops and unleash the punishing aerial strikes that have become a trademark of the nearly 22-month war.

A rebel victory would also solidify control of rebel-held territories in Idlib. The base is the province's biggest airstrip for attack helicopters. Finally, it would provide a morale boost to Islamic fighters carrying out a similar campaign against the three major air bases in Aleppo province. Many Syrians remain wary of the fighters, alarmed by the role of hard-line Islamist groups such as Al Nusra Front.

The rebels, though apparently winning the battle, were not on the verge of seizing the entire province, where the government still holds the city of Idlib and several key military installations. Even after losing the base, the Syrian air force was still able to use MIG fighter jets to shell it, Taftanazi said.

The current round of fighting lasted 10 days, according to another rebel, who gave his name as Hazem al Shami. "This is the biggest attack against the regime from the beginning of the revolution until now," Shami said in a phone interview that may have reflected more bravado than sober analysis. The rebels had tried to seize Taftanaz for months.

In the assault Friday, the rebels said, they pounded the base with a few tanks, artillery, mortars and heavy machine guns.

"Taftanaz is an important victory," said Jeffrey White, a defense fellow at the Washington Institute for Near East Policy. "The rebels showed their ability to take positions even if it takes a long time.... [And] it shows a paralysis in the regime command. They can't figure out how to deal with these situations. You have to wonder what effect it has inside the regime. What tales are being told in the inner circle about the air force's effectiveness."

White said the victory could free more rebel fighters to help take at least two more crucial bases in Idlib.

The rebels captured 15 to 20 MI-8/17 helicopters that were damaged and at least two T-72 tanks and one rocket, according to rebels and to White, who surveyed video posted on YouTube. Videos displayed the rebels showing off their captured spoils. One showed five or six rebels riding on the top of a tank, waving their hands in celebration.

Still, a military or diplomatic solution to Syria's conflict remains elusive. Last weekend, Assad unveiled a peace plan that amounted to a declaration that he alone would determine the war's end, not the United Nations or any other power. Special U.N. and Arab League envoy Lakhdar Brahimi angered the Syrian government by criticizing Assad's initiative.

Brahimi met in Geneva with U.S. Deputy Secretary of State William J. Burns and Russian Deputy Foreign Minister Mikhail Bogdanov in an effort to find common ground on Syria. Both countries say they agree on a peace initiative for Syria from last summer, but Russia refuses to back Washington's demand that Assad step down from power for a transitional government.

With Syria lambasting Brahimi publicly, it was unclear how much further the diplomat could push his peace plan. The meeting concluded without any major announcement.

"If you are asking me whether a solution is around the corner, I am not sure that is the case," Brahimi told reporters. "What I am certain of is that there is an absolute necessity for people to continue to work for such a peaceful solution."

ned.parker@latimes.com

Bulos is a special correspondent.

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Student Appeals Suspension for Refusing to Wear RFID Tracker

A Texas high school student on Friday asked a federal appeals court to overturn a lower court’s order upholding her school suspension for refusing to wear around her neck an RFID-chip student ID she claims is the “Mark of the Beast.”

The Northside Independent School District in San Antonio began issuing the RFID-laden student-body cards when the semester began in the fall. The ID badge has a bar code associated with a student’s Social Security number. The chip monitors pupils’ movements on campus, from when they arrive until when they leave.

Sophomore Andrea Hernandez was notified in November by the Northside Independent School District in San Antonio that she would not be able to continue attending John Jay High unless she wears the badge around her neck like all students. The district said the girl, who objects largely on religious grounds, would have to attend another high school that does not employ the RFID tags.

The devout Christian sued, and on Tuesday a Texas federal judge concluded the 15-year-old’s right of religion was not breached. That’s because the district, the court ruled, eventually agreed to accommodate the girl and allow her to remove the RFID chip while still demanding that she wear the identification like the other students.

U.S. District Judge Orlando Garcia’s ruling gave the girl and her family until Jan. 18 to decide whether to go to a different school or comport. She appealed Friday, arguing that adorning herself with the ID card, even one without an RFID chip, amounted to discriminating against her “sincerely held beliefs.”

“To Andrea, this ‘accommodation’ is similar to allowing a religious adherent who must eat a pork-free diet to have his pork-free diet, but to require him to wear a shirt advocating pork,” the girl’s attorney, Jerry Lynn Ward of the Rutherford Institute, wrote the New Orleans-based appeals court. (.pdf) The lower court’s decision, Ward added, “unquestionably constitutes a substantial burden upon her free exercise of religion.”

David Kravets is a senior staff writer for Wired.com and founder of the fake news site TheYellowDailyNews.com. He's a dad of two boys and has been a reporter since the manual typewriter days.

Read more by David Kravets

Follow @dmkravets and @ThreatLevel on Twitter.

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Flu Deaths Reach Epidemic Level, but May Be at Peak

Deaths in the current flu season have officially crossed the line into “epidemic” territory, federal health officials said Friday, adding that, on the bright side, there were also early signs that the caseloads could be peaking.

Officials from the Centers for Disease Control and Prevention, speaking on a telephone news conference, again urged Americans to keep getting flu shots. At the same time, they emphasized that the shots are not infallible: a preliminary study rated this year’s vaccine as 62 percent effective, even though it is a good match for the most worrisome virus circulating. That corresponds to a rating of “moderately” effective — the vaccine typically ranges from 50 percent to 70 percent effective, they said.

Even though deaths stepped — barely — into epidemic territory for the first time last Saturday, the C.D.C. officials expressed no alarm, and said it was possible that new flu infections were peaking in some parts of the country. “Most of the country is seeing a lot of flu and that may continue for weeks,” said Dr. Thomas R. Frieden, the C.D.C.’s director.

New outpatient cases — a measure based on what percentage of doctor visits were for colds or flu — dropped off slightly from the previous week, to 4 percent from 6 percent. The trend was more pronounced in the South, where this year’s season began.

Dr. Frieden cautioned that the new flu figures could be aberrations because they were gathered as the holiday season was ending. Few people schedule routine checkups then, so the percentage of visits for severe illness can be pushed artificially high for a week or two, then inevitably drop.

Deaths from pneumonia and the flu, a wavy curve that is low in summer and high in winter, typically touch the epidemic level for one or two weeks every flu season. How bad a season is depends on how high the deaths climb for how long.

So far this season, 20 children with confirmed flu tests have died, but that is presumably lower than the actual number of deaths because not all children are tested and not all such deaths are reported. How many adults die will not be estimated until after the season ends, said Dr. Joseph Bresee, the chief of prevention and epidemiology for the C.D.C.’s flu branch. Epidemiologists count how many death certificates are filed in a flu year, compare the number with normal years, and estimate what percentage were probably flu-related.

Many people are getting ill this year because the country is also having widespread outbreaks of two diseases with overlapping symptoms, norovirus and whooping cough, and the normal winter surge in common colds. Flu shots have no effect on any of those.

Spot shortages of vaccines have been reported, and there will not be enough for all Americans, since the industry has made and shipped only about 130 million doses. But officials said they would be pleased if 50 percent of Americans got shots; in a typical year, 37 percent do.

Dr. Bresee said that this year’s epidemic resembles that of 2003-4, which also began early, was dominated by an H3N2 strain and killed more Americans than usual.

Nevertheless, more Americans now routinely get flu shots than did then, and doctors are much quicker to prescribe Tamiflu and Relenza, drugs that can lessen a flu’s severity if taken early.

The C.D.C.’s vaccine effectiveness study bore out the point of view of a report released last year by the University of Minnesota’s Center for Infectious Disease Research and Policy. It said that the shot’s effectiveness had been “overpromoted and overhyped,” said Michael T. Osterholm, the center’s director.

Although the report supported getting flu shots, it said that new vaccines offering lifelong protection against all flu strains, instead of annual partial protection against a mix-and-match set, must be created.

“But there’s no appetite to fund that research,” Dr. Osterholm said in an interview Friday.

“To get a vaccine across the ‘Valley of Death’ is likely to cost $1 billion,” he added, referring to the huge clinical trials that would be needed to approve a new type of vaccine. “No government has put more than $100 million into any candidate, and the private sector has no appetite for it because there’s not enough return on investment.”

At the same time, he praised the C.D.C. for measuring vaccine effectiveness in midseason.

“We’re the only ones in the world who have data like that,” he said.

“Vaccine effectiveness” is a very different metric from vaccine-virus match, which is done in a lab. Vaccine efficacy is measured by interviewing hundreds of sick or recovering patients who had positive flu tests and asking whether and when they had received shots.

Only people sick enough to visit doctors get flu tests, said Thomas Skinner, a C.D.C. spokesman, so the metric means the shot “reduces by 62 percent your chance of getting a flu so bad that you have to go to a doctor or hospital.”

During the telephone news conference Friday, Dr. Frieden repeatedly described the vaccine as “far from perfect, but by far the best tool we have to prevent influenza.”

Most vaccinations given in childhood for threats like measles and diphtheria are 90 percent effective or better. But flu viruses mutate so fast that they must be remade annually. Scientists are trying to develop vaccines that target bits of the virus that appear to stay constant, like the stem of the hemagglutinin spike that lets the virus break into lung cells.

During the 2009 swine flu pandemic, many elderly Americans had natural protection, presumably from flus they caught in the 1930s or ’40s.

“Think about that,” Dr. Osterholm said. “Even though they were old, they were still protected. We’ve got to figure out how to capture that kind of immunity — which current vaccines do not.”

At Friday’s news conference, Dr. Bresee acknowledged the difficulties, saying: “If I had the perfect answer as to how to make a better flu vaccine, I’d probably get a Nobel Prize.”

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DealBook: Regulators Propose Overhaul of Benchmark Interest Rate

LONDON — European regulators called for a major overhaul of a benchmark interest rate on Friday, but stopped short of demanding direct regulatory oversight after a rate-rigging scandal.

The recommended changes to the euro interbank offered rate, or Euribor, come after a $1.5 billion settlement by the Swiss bank UBS, where some traders were found to have altered that rate as well as the London interbank offered rate, or Libor, for financial gain.

The European Banking Authority and European Securities and Markets Authority are pushing to improve the accuracy of the benchmark rate and increase oversight of how banks submit rates to Euribor, which underpins trillions of dollars of global financial products.

European authorities said the system did not require participating banks to have internal governance structures to manage potential conflicts of interest when submitting rates to Euribor. Also, the rate-setting process is not sufficiently assessed against real banking transactions, according to the report.

The recommendations include cutting in half the number of maturities included in the Euribor process, to seven rates. That would leave the focus only on benchmark rates that are supported by a large number of financial transactions.

The change is in response to a drastic reduction of lending among global financial institutions during the financial crisis that reduced the accuracy of firms’ rate submissions. The fall in actual transactions also led a number of traders and senior managers at global banks to manipulate the rate, according to regulatory filings.

On Friday, European authorities did not demand direct regulatory control over Euribor, which continues to be overseen by the European Banking Federation, a trade body. A recent review of Libor by British authorities recommended regulatory oversight of that rate, as well as criminal charges against individuals trying to alter the rate for financial gain.

Despite widespread calls for authorities to take control over global benchmark rates, the European regulatory bodies do not have the legal responsibility to recommend those changes, according to a European Securities and Markets Authority spokesman.

The European Commission is considering changes to how global benchmark rates are set, and is expected to propose legislation later this year.

Other recommendations outlined by European authorities on Friday included regular audits of the rate-setting process by the European Banking Federation, as well as increasing the independence of the board that oversees Euribor. The trade body said it welcomed many of the changes outlined by the European banking and financial market regulators, adding that it was open to regulators participating in the supervision of Euribor.

Greater scrutiny of the benchmark rate is already having an effect.

As more banks continue to be embroiled in the rate-rigging scandal, a number of financial institutions, including Rabobank Groep of the Netherlands and Raiffeisen Bank International of Austria, have left the panel that sets Euribor. Euribor-EBF, the group that oversees the rate, has said other banks could also pull out of the rate-setting process.

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