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India struggling at 85 for 4 after 23 overs ? Cricket News Roundup ...

India struggling at 85 for 4 after 23 overs ? Cricket News Roundup ? Part I ? January 3, 2013

Chasing a competitive target of 251 to win, set by the Nasir Jamshed led Pakistan line up, India were struggling four down at the end of the 23^rd over, with the scorecard reading just 85, in the second One Day International of the three-match series, being played here at the Eden Gardens, Kolkata today.

Southpaw seamer Junaid Khan, who was the pick of Pakistan bowlers during their six-wicket win in the series opener in Chennai, once again made the early inroads removing opener Gautam Gambhir and danger man Virat Kohli inside 12 overs of their chase, to reduce the hosts to 55 for 2. Khan?s fellow pacer Umar Gul accounted for Virender Sehwag (31) and Yuvraj Singh (9) to help Pakistan strengthen their grip on the match.

Earlier after being put into bat, openers Nasir Jamshed and Mohammad Hafeez provided the tourists a strong start, taking the side to 141 without loss in the 24^th over. Jamshed smashed his second century in as many games to help Pakistan post a competitive total on the board, despite a middle and lower order debacle. Spin bowling all-rounder Ravindra Jadeja and spearhead pacer Ishant Sharma shared six wickets between them.

The tourists have retained their playing XI from the six wicket win in Chennai, while India made one change to their squad from the previous game, Rohit Sharma making way for Ravindra Jadeja.

"The wicket has been under covers, the conditions are overcast, so we want to exploit it. There is considerable amount of pressure after losing the first game, it is a do-or-die situation. We wanted to strengthen the bowling," Dhoni said at the Toss.

Pakistan currently lead the series one nil and need one more victory to clinch the series.

India?s Playing XI: 1?Gautam Gambhir, 2?Virender Sehwag, 3?Virat Kohli, 4?Yuvraj Singh, 5?Suresh Raina, 6 MS Dhoni (capt & wk), 7?Ravindra Jadeja, 8?R Ashwin, 9?Bhuvneshwar Kumar, 10?Ishant Sharma, 11?Ashok Dinda

Pakistan?s Playing XI: 1?Mohammad Hafeez, 2?Nasir Jamshed, 3?Azhar Ali, 4?Younis Khan, 5?Misbah-ul-Haq(capt), 6?Shoaib Malik, 7?Kamran Akmal?(wk), 8?Junaid Khan, 9?Umar Gul, 10?Saeed Ajmal, 11?Mohammad Irfan

?

Source: http://blogs.bettor.com/India-struggling-at-85-for-4-after-23-overs-Cricket-News-Roundup-Part-I-January-3,-2013-a212600

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The IPKat: Online games and shared creativity: who owns it?

Online games and shared creativity: who owns it?

Happy New Year to all IPKat readers! To start properly what promises to be an exciting year, both IP-wise and not (Jeremy's views on 2013?here; 2013 horoscope?here), the IPKat wishes to bring to its readers' attention a?recent?article?which has appeared on Forbes and?attempts to identify what the next frontier in IP might be.

Perhaps unsurprisingly, this has something to do with online videogames.

Not long ago, also Nicola wrote a?post?in which she discussed the various IP issues facing games content. Among the other things, she highlighted how the key character in computer games content is cumulative innovation ("standing on the shoulders of giant nerds"). This means that, with regard to games, much of their content is derivative of other media. As a result, it?may be difficult to determine where inspiration/derivation/cumulative innovation ends and copying/cloning begins. In copyright terms, this is an idea/expression dichotomy problem, which is often (not to say invariably) difficult to address (for a recent US decision concerning copyright infringement in 1980s iconic game?Tetris,?see?here). However, derivative content may not be the only IP-related issue affecting the addictive world of videogames. As explained by?Forbes,?problems may arise also in relation to what are known as massively multiplayer online games (MMOGs). These are online games which are capable of supporting hundreds or thousands players at the same time. The most popular type of MMOG and the genre that pioneered the category is the massively multiplayer online role playing game (MMORPG). This includes games?which focus - among the other things - on socialisation, and world-building. In some instances, world-building is to be intended literally. Popular game?Minecraft, which?sold?450,000 copies just on Christmas day, is an example. The creative and building aspects of?Minecraft?allow players to build constructions out of textured?cubes?in a?3D procedurally generated world.? The question for games like Minecraft is the following: who owns the resulting IP?

If in the past, the answer was easy (it was usually the companies making the games that generally held it), nowadays - especially when it comes to multiplayer online gaming environments - the response may be more complex than this. In such instances, in fact, the dividing line between game developers and players appears blurred. As a result, it is difficult to determine who did what and who owns what.

So: what is the future holding for this type of online games? According to?Forbes, "In the coming years, many of the most interesting online games will be produced not by large teams of developers at big-name corporations, but instead by smaller, independent groups of?developers who allow their customers to be partners in creating the IP that comes to define the in-game experience. And when, as will inevitably occur, player-generated IP acquires substantial real world monetary value, players should be able to access that value. This will require that game sellers adopt terms of use allowing players to retain an appropriate, commercially meaningful ownership interest in the IP they create?[but is this a likely scenario, especially in a context in which licensing terms are rarely - not to say: never - negotiated individually?]. It will also raise complicated jurisdictional challenges due to the global nature of gaming. Where, for example, should a copyright or trademark claim involving in-game content created on a server in the U.S. by a player in Japan using software provided by a server owner in France be enforced? And, it will require sorting out copyright rights for intricate chains of derivative works."

Although this Kat is not 100% sure that this is what is going to happen, she agrees with the author of the article when he says that such issues go well beyond videogames and touch upon the future legal regulation of?crowd-sourcing?creativity. This debate is also to be seen in light of broader (and lengthy) discussion (at least at the EU level) as to whether and how user-generated content should be addressed and possible specific exceptions/limitations should be designed.?

Source: http://ipkitten.blogspot.com/2013/01/online-games-and-shared-creativity-who.html

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Storm impedes salvage of grounded drilling ship

This image provided by the U.S. Coast Guard shows the Royal Dutch Shell drilling rig Kulluk aground off a small island near Kodiak Island Tuesday Jan. 1, 2013. A Coast Guard C-130 plane and a helicopter were used to fly over the grounded vessel on Tuesday morning. The severe weather did not permit putting the marine experts on board the drilling rig, which is near shore and being pounded by stormy seas. (AP Photo/U.S. Coast Guard)

This image provided by the U.S. Coast Guard shows the Royal Dutch Shell drilling rig Kulluk aground off a small island near Kodiak Island Tuesday Jan. 1, 2013. A Coast Guard C-130 plane and a helicopter were used to fly over the grounded vessel on Tuesday morning. The severe weather did not permit putting the marine experts on board the drilling rig, which is near shore and being pounded by stormy seas. (AP Photo/U.S. Coast Guard)

Shell Oil incident commander Susan Childs, second from right, answers a question about the Monday night grounding of the Shell drill ship Kulluk at a press conference on Monday, Dec. 31, 2012, at the Mariott Hotel in Anchorage, Alaska. Looking on are Shell Alaska spokesman Curtis Smith, standing, Coast Guard Commander Shane Montoya, state on-scene coordinator Alan Wien, and Garth Pulkkinen of Noble Corp., the operator of the Kulluk. The drifting Shell drill ship that broke loose from tow vessels during a severe Gulf of Alaska storm ran aground Monday in shallow water off Sitkalidak Island, company officials said. (AP Photo/Dan Joling)

In this photo provided by the United States Coast Guard, a Coast Guard helicopter crew from Air Station Kodiak conducts the 13th hoist of 18 crewmen from the mobile drilling unit Kulluk on Saturday, Dec. 29, 2012, 80 miles southwest of Kodiak City, Alaska. The tug Aiviq suffered problems towing the Kulluk Thursday prompting the Coast Guard to deploy cutters and aircraft to while Royal Dutch Shell dispatched additional tugs.(AP Photo/United States Coast Guard, Petty Officer 1st Class Sara Francis)

ANCHORAGE, Alaska (AP) ? High seas and strong winds prevented crews from boarding an oil drilling ship to check for any damage after the large vessel went aground off an uninhabited island in the Gulf of Alaska.

A Coast Guard plane and a helicopter flew over the Kulluk on Tuesday, but severe weather did not permit putting marine experts on board the drilling rig, which had grounded on a sand and gravel beach in stormy seas.

Federal on-scene response coordinator Capt. Paul Mehler said the Royal Dutch Shell drilling rig is carrying about 143,000 gallons of diesel and about 12,000 gallons of lube oil and hydraulic fluid, and appeared stable.

"There is no sign of a release of any product," Mehler said during a news conference.

A team of company, Coast Guard and local officials said they were mobilizing spill response equipment and preparing a plan in the event of a spill in the Partition Cove and Ocean Bay areas of the island. The area is home to at least two endangered species, as well as harbor seals, salmon, and sea lions.

The storm eased Tuesday, with gusts up to 35 mph and waves up to 30 feet high, and similar conditions were expected Wednesday. Officials were hoping to get marine experts onboard to take photos and videos, and then come up with a more complete salvage plan once weather permits.

The goal was to get salvagers aboard the Kulluk and the ship refloated, Mehler said.

Mehler said a team of about 500 people was working on a plan, "with many more coming."

A Shell official said the drilling rig was built with a double-sided hull of reinforced steel that is 3 inches thick. It recently had undergone $292 million in improvements before being put into service for a short time this summer in the Beaufort Sea off Alaska's north coast.

It was being towed to Seattle for maintenance last week when it separated from a towing vessel south of Kodiak Island. Repeated attempts to maintain towing lines were unsuccessful as a severe storm passed through the area. By Monday night, tow boats guided the rig to a place where it would cause the least environmental damage and cut it loose. It grounded off the southeast side of uninhabited Sitkalidak Island, which is near the larger Kodiak Island in the gulf.

U.S. Rep. Ed Markey, D-Mass., the top Democrat on the Natural Resources Committee, expressed his concerns in a statement Tuesday.

"Oil companies keep saying they can conquer the Arctic, but the Arctic keeps disagreeing with the oil companies," Markey said. "Drilling expansion could prove disastrous for this sensitive environment."

Sean Churchfield, operations manager for Shell Alaska, said once the situation is under control, an investigation will be conducted into the cause. He did not know whether the findings would be made public.

The Coast Guard said it would be investigating and would make its findings public.

____

Associated Press staff writers Dan Joling in Anchorage and Donna Blankinship in Seattle contributed to this story.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2013-01-02-Shell-Arctic%20Drill%20Ship/id-ed261140f73e4742be2a1fb6a1d2d21a

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Video: In and out in 2013: '50 Shades', Beyonce, more

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Source: http://video.today.msnbc.msn.com/today/50337065/

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Deal will prevent spike in milk prices

Senate Minority Leader Mitch McConnell, from Kentucky, departs the Strom Thurmond room after a Senate Republican caucus meeting about the fiscal cliff, on Capitol Hill, Monday, Dec. 31, 2012 in Washington. (AP Photo/Alex Brandon)

Senate Minority Leader Mitch McConnell, from Kentucky, departs the Strom Thurmond room after a Senate Republican caucus meeting about the fiscal cliff, on Capitol Hill, Monday, Dec. 31, 2012 in Washington. (AP Photo/Alex Brandon)

Speaker of the House John Boehner, R-Ohio, walks to a closed-door GOP caucus as Congress meets to negotiate a legislative path to avoid the so-called "fiscal cliff" of automatic tax increases and deep spending cuts that could kick in Jan. 1., at the Capitol in Washington, Sunday, Dec. 30, 2012. (AP Photo/J. Scott Applewhite)

WASHINGTON (AP) ? A potential doubling of milk prices will be averted as part of the compromise that White House and congressional bargainers reached on wide-ranging legislation to avert the "fiscal cliff," a leading senator said late Monday.

Senate Agriculture Committee Chairwoman Debbie Stabenow, D-Mich., told reporters that negotiators had agreed to extend portions of the expired 2008 farm bill through September. She said that includes language keeping milk prices from rising, but excludes other provisions like energy and disaster aid for farmers.

Stabenow said she considers the slimmed-down extension to be "Mitch McConnell's version of a farm bill." She was referring to the Senate Republican leader from Kentucky, who she said forced bargainers to accept the version of the farm bill that appeared in the deal.

McConnell spokesman Michael Brumas responded: "Sen. McConnell put forward a bipartisan, responsible solution that averted the dairy cliff and provided certainty to farmers for the next year without costing taxpayers a dime."

Just a day earlier, Stabenow said leaders from both parties on the House and Senate agriculture committees had agreed to extend the entire farm bill.

Stabenow and House Agriculture Chairman Frank Lucas, R-Okla., announced Sunday that they had agreed on a last-minute move that would extend the entire farm bill and replace dairy programs that expire at midnight Tuesday. Expiration of those dairy programs could mean higher milk prices at the grocery store within just a few weeks.

But the House GOP had not endorsed the committees' extension agreement.

The nonpartisan Congressional Budget Office estimated Sunday that extending the entire bill through September, including disaster assistance for farmers affected by drought, could cost more than $1 billion this budget year.

House Speaker John Boehner, R-Ohio, has pushed back on passage of a new five-year farm bill for months, saying there were not enough votes to bring it to the House floor after the House Agriculture Committee approved it in July. The Senate passed its version of a farm bill in June. The bill, generally passed every five years, includes food stamps, farm subsidies and other help for rural areas.

But the prospect of higher milk prices prompted some action. Agriculture Secretary Tom Vilsack has said Americans face the prospect of paying $7 for a gallon of milk if the current dairy program lapsed and the government returned to a 1948 formula for calculating milk price supports.

Extending the entire agriculture bill would have included an overhaul of dairy programs that was included in both the Senate and House committee bills. The new dairy programs include a voluntary insurance program for dairy producers, and those who choose that new program also would have to participate in a market stabilization program that could dictate production cuts when oversupply drives down prices ? an idea that hasn't gone over well with Boehner.

In July, he called the current dairy program "Soviet-style" and said the new program would make it even worse. Large food companies that process and use dairy products have backed Boehner, saying the program could limit milk supplies and increase their costs.

One of the reasons Boehner has balked at bringing up a farm bill is disagreement among House Republicans over how much money should be cut from food stamps, which make up roughly 80 percent of the half-trillion-dollar bill's cost over five years. Lucas has unsuccessfully pushed his leadership for months to move on the legislation despite the disagreement over food aid.

___

Follow Mary Clare Jalonick on Twitter at http://twitter.com/mcjalonick

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2013-01-01-US-Fiscal-Cliff-Farm-Bill/id-bc1eeb10e43646b9a04b4ec012d05f17

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Car maker inks largest auto defect settlement in U.S. history ...

A massive class-action lawsuit involving Toyota Motor Corp has resulted in a $1.1 billion settlement, making it one of the largest such resolutions in automotive history. With the settlement, the company is also hoping to move on from a spate of negative headlines, including the now-famous problem of some of its vehicles spontaneously accelerating and causing serious car accident outcomes.

Although the settlement wipes out the potential for lawsuits being filed in search of economic claims, Toyota could still face further legal action in the form of personal injury and wrongful death lawsuits. Such lawsuits could continue to come forth from drivers in North Carolina and across the nation.

In total, about 16 million vehicles made by Toyota were involved in the lawsuit resulting in the settlement. Per the terms of the settlement, Toyota did not admit fault in any form.

Despite the massive payout, Toyota's bottom-line doesn't figure to be hurt in any significant way, especially as Japan's yen declines in value. After the news of the settlement, Toyota shares rose nearly three percent.

But while Toyota has resolved some of the biggest remaining issues regarding its faulty vehicles, industry experts will keep a sharp eye on the company and wait to see if the rash of vehicle defects -- and the resulting motor vehicle accidents -- has actually been curbed.

And while most of the lawsuits have been avoided, Toyota will still have to address various lawsuits stemming from accidents that led to significant injuries and/or fatalities, and those could keep the company's name in the headlines even longer.

Source: Reuters, "Toyota seeks to settle acceleration case for $1.1 billion," Deepa Seetharaman and Bernie Woodall, Dec. 27, 2012

Source: http://www.charlottepersonalinjurylaw.com/2012/12/car-maker-inks-largest-auto-defect-settlement-in-us-history.shtml

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