Health IT could track pandemic

Part 16 of a continuing series. If a bird-flu epidemic occurred in the
United States, some health departments would continue to monitor it
using postcards -- a longstanding practice -- because most doctors and
hospitals have not yet employed health information technology.

"Currently, much disease reporting is through the telephone, fax and
postcards. It's gotten a little bit better, and we're on the cusp of
actually being able to see the blips (using computers) of pharmacy
sales, rashes, respiratory illness -- a whole set of factors," said
Janet Marchibroda, head of eHealth Initiative, a non-profit
organization in Washington, D.C., that seeks to improve the quality,
safety and efficiency of healthcare through information.

"It was by following (the anthrax attacks in 2001) that it was made a
priority to be able to detect bioterrorism," Marchibroda told United
Press International. "This was the beginning of our organization --
the same infrastructure and information needed for health IT are the
same in dealing with an epidemic."

E-mail is a little better than fax, she said, but it is not used
regularly for the transmission of data, and data are the problem --
how many people with fever, how many coughs, and so on.

"It's hard to pull out the symptoms that could be bird flu using paper
files," Marchibroda said. "You really can't do that without health IT
systems -- especially in hospitals. However, if the whole country was
set up with health-exchange information, the way Indianapolis is -- 70
percent of physicians' offices are wired and they can exchange
laboratory and pharmacy data -- you can look for weird blips (and) see
clusters, which is important in epidemics and in a bioterrorist
attack."

Detecting and tracking the spread of a virus is critical in addressing
a global health threat, according to the World Health Organization.

WHO officials are seeing small and highly localized clusters of
human-to-human transmission of bird flu, suggesting the virus is not
yet well adapted to humans, but if a larger cluster of human-to-human
bird flu appears, it will suggest the virus is becoming increasingly
better adapted to humans. This development may not signify a
substantial pandemic risk, but it will need to be tracked carefully
for its rate of transmission, geographical location and severity of
the illness.

The Spanish Flu in 1918 killed up to 50 million people worldwide. In
the United States, where almost 700,000 died, health departments
tracked the spread of the killer flu using postcards. Doctors and
hospitals were required to send a postcard each day with the number of
people who were treated for the influenza and who died. Health
officials could track the disease -- influenza usually occurs in a
bell-shaped curve -- and separate people who were sick from others to
cut down the spread of the flu.

Today, the Centers for Disease Control and Prevention in Atlanta
tracks the yearly regular flu with approximately 1,000 healthcare
providers around the country that report the total number of patients
seen and the number of those patients with influenza-like illness each
week with fever plus a cough and/or a sore throat -- by age group. The
percentage of patient visits to sentinel providers for influenza-like
illness reported each week is weighted on the basis of state
population and is compared each week with the national baseline of 2.2
percent.

Some public-health experts, however, think tracking bird flu needs to
be done hospital by hospital and in real time.

"Public-health officials at all levels -- from local to worldwide --
would need to stay on top of tracking (bird flu)," said James D.
McGlothlin of the School of Health Sciences at Purdue University in
West Lafayette, Ind. "Any person with a flu that failed to improve
within a week should be brought to the attention of a physician, who
could evaluate the illness and have the patient tested for the H5N1
virus and take the necessary steps, such as isolating the person to
prevent the virus's spread to a larger population."

Quarantines, managed by the military, which have been suggested by
President George W. Bush, would be the last option, McGlothlin said,
but quarantines are not necessarily a good option.

"We need to be able to respond immediately with the right people, at
the right time, with the right plan," he said.

www.about.upi.com

AT&T Earns $520 Million in Third QuarterAT&T Earns $520 Million in 3rd Quarter Ahead of Acquisition by Ex-Subsidiary SBC Communications

AT&T Corp. painted a positive picture Friday with what may be its
final earnings report before becoming part of SBC Communications Inc.,
topping Wall Street forecasts with third-quarter income of $520
million and boosting its revenue forecast for the second time this
year.

The iconic telephone company, which in January agreed to be acquired
by SBC for $16 billion, also expressed optimism the deal would close
before year's end, winning regulatory approval without concessions
such as asset sales or price freezes.

Despite the upbeat report, AT&T's results reflected the persistent
competitive turmoil of the telecommunications industry, which has
reduced the once mighty company's customer base by two thirds over the
past decade from roughly 60 million at the peak to less than 20
million at the end of the latest quarter.

"AT&T's employees across all areas of the company have done a
fantastic job of transforming our business in the face of adverse and
chaotic conditions in our sector," Chief Financial Officer Thomas
Horton said during a conference call with industry analysts.

The profit reported Friday amounted to 64 cents per share for the
three months ended Sept. 30. The results included a $92 million
expense relating to investments in aircraft leases with airlines that
have filed for bankruptcy, as well as $20 million in expenses for the
SBC deal and a $41 million pretax benefit.

In the third quarter of 2004, AT&T lost $7.15 billion, or $8.99 per
share, as the company wrote down the book value of its national
telecommunications network by $11.4 billion following a decision to
retreat from the consumer telephone business. Excluding that expense,
other restructuring charges and one-time tax benefits, it would have
earned $262 million, or 33 cents a share, a year ago.

The latest results appeared to top Wall Street forecasts by a sizable
margin, though Thomson Financial said the assortment of one-time
charges and credits made it unclear whether the 51 cent profit
forecast from its analyst survey was directly comparable to the
figures emphasized in AT&T's report.

www.abcnews.go.com

Microsoft recants exclusive music deals

Microsoft Corp., already under government scrutiny over its behavior
toward competitors, told manufacturers of iPod-like portable audio
devices that under a new marketing program they would not be allowed
to distribute rivals' music player software but pulled back after one
company protested.

The Justice Department said that the incident was "unfortunate," but
that government lawyers decided to drop the issue because Microsoft
agreed 10 days later to change the proposal. The government disclosed
details of the dispute in a federal court document made available
Thursday.

The disputed proposal described in the court document as a "draft
specification" would have affected portable music players that compete
with Apple Computer Inc.'s wildly popular iPod. The plan would have
precluded manufacturers of those devices from distributing software to
consumers other than Microsoft's Windows Media Player in exchange for
Microsoft-supplied CDs.

Legal and industry experts said Microsoft's demands probably would
have violated the landmark 2002 antitrust settlement between the
company and the Bush administration. They expressed astonishment that
Microsoft was not more careful, given its mandatory legal training for
employees about antitrust rules and continued monitoring by the
Justice Department and a federal judge over its business deals through
late 2007.

"One has to be skeptical that either the internal training is not
working, in which case heads ought to be rolling, or that the lessons
of the case are being ignored," said Albert A. Foer, head of the
Washington-based American Antitrust Institute, which supports more
aggressive U.S. antitrust policies.

Howard University law professor Andrew Gavil said he wonders whether
Microsoft's proposal was a genuine mistake or signal the company
intends to revert to its hardball tactics.

"It's somewhat amazing it even happened," said Gavil, who has closely
followed the Microsoft case. "It's troubling that anyone inside
Microsoft was still thinking this was a legitimate business strategy."

Microsoft said it recanted its proposal after lawyers reviewed it and
after an unspecified industry rival complained. "We have a legal
process in place that prevents these incidents from occurring,"
spokeswoman Stacy Drake said.

Drake described the proposal as "only a draft description of the
program we sent to manufacturers for the purpose of getting their
feedback." She said the proposal was not a contract, which is vetted
by company lawyers.

The proposal, part of a campaign Microsoft called "easy start,"
affected one of the rare technology sectors where Microsoft is not
already dominant: handheld music players and online music services.
The software giant and others have struggled to match the runaway
success of Apple iPod player and iTunes music service.

Microsoft wants consumers to use its media software to transfer songs
onto their portable music players from Internet subscription services,
such as those from Napster Inc., RealNetworks Inc. and Yahoo! Inc.
Each company currently offers its own media software.

Before the disclosure of the dispute involving portable music players,
U.S. District Judge Colleen Kollar-Kotelly had set a hearing for this
coming Wednesday to review the adequacy of the antitrust settlement.
It was unclear whether she will challenge lawyers from Microsoft or
the government over the music proposal.

www.charlotte.com

Roche Will Meet With Generic Drugmakers on Tamiflu (Update2)

Roche Holding AG agreed to meet with four generic drugmakers to
discuss rights for making Tamiflu pills, the treatment countries are
stockpiling for a feared worldwide outbreak of lethal avian flu.

Roche will consider licensing the drug to Teva Pharmaceutical
Industries Ltd., Barr Pharmaceuticals Inc., Mylan Laboratories Inc.
and Ranbaxy Laboratories Ltd., said U.S. Senators Charles Schumer, a
New York Democrat, and Lindsey Graham, a South Carolina Republican, in
a statement today.

George Abercrombie, chief executive of Roche's North American
operations, met with Schumer and Graham at the U.S. Capitol today to
discuss the agreement. Schumer earlier this week urged Roche to
license the drug to generic producers and said he would introduce
legislation to mandate cooperation if the company didn't act
voluntarily.

``Roche is doing the right thing, and at the same time, they're going
to make a little money,'' Schumer told reporters at a press conference
at the U.S. Capitol. ``The purpose isn't to break the patent. It's to
meet an emergency need.''

The strain of influenza that is causing concern, H5N1, erupted in
Southeast Asia, where more than 140 million birds have died or been
destroyed. About 120 people have been infected through birds,
resulting in 60 deaths, according to the World Health Organization, a
branch of United Nations.

A moderate to severe outbreak in the U.S. may kill as many as 500,000
Americans and sicken 2 million, according to the Trust for America's
Health, a nonprofit public health advocacy group in Washington.

`Interest in Participating'

Roche sells Tamiflu under a 1996 licensing agreement with Foster City,
California-based Gilead Sciences Inc., which invented the drug. Roche
will assess the ability of other manufacturers to either produce or
help with Tamiflu production, the company said in an e-mailed
statement today.

``We want to be sure that they can produce substantial amounts of
Tamiflu for pandemic use in a timely manner in accordance with
appropriate quality specifications, safety and regulatory
guidelines,'' the statement said.

Barr hasn't yet set up a meeting with Roche, said Carol Cox, a
spokeswoman, for the Woodcliff Lake, New Jersey, company.

``We've just shown an interest in participating,'' she said. ``We're
willing to help manufacture the product if Roche would choose to
license the product.''

Mylan

Mylan Chief Executive Robert Coury told CNBC he expected Roche to
contact his company soon. Mylan has a current capacity to make 18
billion tablets and capsules, he told the network.

Ranbaxy spokesman Charles Caprariello and Teva spokesman Kevin Mannix
didn't immediately return telephone calls and emails seeking comment.
Mylan is based in Canonsburg, Pennsylvania. Teva is based in Petah
Tikva, Israel, and Ranbaxy in Gurgaon, India.

Roche approached Schumer after he called on the company to license
Tamiflu, and asked him to find companies that would be willing to make
the drug, Schumer said. The senator called the generic companies, who
estimated that they could begin making the drug within a month as long
as Roche provided raw materials and details of the manufacturing
process. Without that cooperation, it would take the generic companies
three months to make Tamiflu, Schumer said.

Under the terms of today's agreement, Roche will begin meeting with
generic companies as early as next week, in consultation with U.S.
health officials, who may recommend additional manufacturers. Roche
also consented to license the production of Tamiflu to any company
that can produce it in quantities large enough to help meet demand in
case of a flu outbreak. Roche will offer ``equitable terms'' on
licensing.

`No Guarantee'

``There's no guarantee that they'll reach an agreement, but the odds
are very high,'' Schumer said. Schumer expects Roche to work with the
generic companies until the manufacturing ``bottleneck'' is relieved.

Roche's Abercrombie met today with Health and Human Services Secretary
Michael Leavitt and other HHS officials to discuss flu preparedness,
Roche spokesman Terry Hurley said. HHS spokeswoman Christina Pearson
said she didn't have an immediate comment on the meeting.

The Bush administration plans to stockpile as many as 20 million doses
of Tamiflu and has 2.3 million doses already, U.S. officials told
reporters Oct. 7 in a briefing. The Tamiflu the U.S. has now would be
enough to protect only 1 percent of population, Schumer said Oct. 18.

Culling Poultry

The World Health Organization has recommended that Tamiflu be
available for the treatment of suspected infections in farm workers
involved in the mass culling of poultry. Tamiflu sales have jumped as
countries including the U.S., the U.K. and Japan placed orders of more
than $1.4 billion to fight bird flu.

The U.S. is catching up with countries that leapt into the Tamiflu
market earlier. Italy, with a population of 58 million, has ordered 2
million doses, almost as much as the U.S. New Zealand's government has
ordered 800,000 doses, enough for 20 percent of its population.

More than 12 sites are now making the medicine after Basel,
Switzerland-based Roche won U.S. Food and Drug Administration approval
of a new facility.

Roche's agreement mirrors one that German drugmaker Bayer AG made in
2001 under pressure from U.S. officials to lower the price of its
Cipro antibiotic for treating anthrax. Tommy Thompson, then the U.S.
Health and Human Services secretary, threatened to override Bayer's
patent after anthrax spread through the U.S. mail and infected 11
people. A day later, Bayer agreed to cut its Cipro price roughly in
half. Ultimately, five Americans died of anthrax in 2001 and hundreds
more were exposed to the bacteria.

``Roche is exhibiting good corporate citizenry at this point,''
Thompson said in an interview today. ``If in fact there's an epidemic
of avian flu, we do not have a vaccine. The only thing out there
that's known to do anything to protect people is Tamiflu. Roche can't
ramp up fast enough.''

www.bloomberg.com

Google revenue nearly doubles

Internet search engine giant Google saw its third-quarter revenue
nearly double from a year ago and profit rise in what usually is a
slow Web surfing period.

The Internet bellwether on Thursday posted a net income of $381.2
million, or $1.32 a share, on record revenue of $1.58 billion, up 96
percent from a year earlier on strong global advertising.

A year ago, the company posted earnings of 19 cents a share and
revenue of $805.9 million, Google said.

Excluding $530 million in traffic acquisition costs, the portion of
revenue shared with partners, Google posted revenue of $1.05 billion.

Google's earnings would have been $1.51 per share if not for charges
related to employee stock options and research and development. That
handily beat analyst expectations, on average, of $1.36 per share and
revenue of $944.4 million, excluding traffic acquisition costs.

Nearly all of Google's revenue comes from advertisements that appear
on search result pages and on partner sites. The Mountain View,
Calif.-based company accounts for about 45 percent of all U.S.
Internet searches, compared with 23 percent for Yahoo and 12 percent
for Microsoft's MSN, according to Nielsen/NetRatings.

Google has beaten analyst estimates in the three quarters since going
public last year. Meanwhile, its share price has skyrocketed, rising
nearly 60 percent since the beginning of the year and reaching a high
of $321.28 on Oct. 4.

The company raised more than $4 billion in a September stock sale,
bringing its cash total to about $7 billion.

On Tuesday, Google's chief rival, Yahoo, posted higher third-quarter
profit and revenue from a year ago and beat analyst expectations.

www.news.zdnet.com

Apple Updates Desktops, Laptops

Apple Computer refreshed its top-end desktop and laptop lines, adding
dual-core PowerPC processors to all Power Mac G5 desktops, and DVD
burners and higher-resolution displays to PowerBooks.

Apple Computer on Wednesday refreshed its top-end desktop and laptop
lines, adding dual-core PowerPC processors to all Power Mac G5
desktops, and DVD burners and higher-resolution displays to
PowerBooks.

Analysts expect that the new PowerBooks, which are based on PowerPC G4
processors, will be the last models to sport the IBM-designed and made
chips. In June, Apple committed to Intel as its processor supplier,
and said that the PowerBook line would be first in line for the
switch. Apple chief executive Steve Jobs said as recently as September
that the Intel-based PowerBooks would debut by June 2006.

Apple upgraded two of its three PowerBooks' displays by upping the
resolution of the 15-inch model by 26 percent and the resolution of
the 17-inch laptop by 36 percent. The popular entry-level 12-inch
PowerBook keeps its current screen resolution. The 15- and 17-inch
PowerBooks also boast an additional hour of battery life, claimed
Apple.

All three PowerBooks also now come with a DVD burner, dubbed
"Superdrive" in Apple's nomenclature. Prices remain at $1,499, $1,799,
and $2,399 for the 12-, 15-, and 17-inch models.

On the desktop, Apple has dropped a pair of 2.5GHz dual-core PowerPC
G5 processors into a new Power Mac Quad, and added the PCI Express
graphics architecture to its three-model line-up.

The Quad will ship next month at a price of $3,299, while other
members of the Power Mac family -- all boasting dual-core processors
-- are available now as the 2.0GHz single PowerPC dual-core G5 Dual
($1,999) and the 2.3GHz Power PC G5 Dual ($2,499).

Apple's new systems are available at retail through the Cupertino,
Calif.-based company's own stores and those of its resellers, as well
as via the online store on its Web site.

The last time Apple updated its G5 desktops was in April, when it
upgraded processor speed and bundled its newest operating system, Mac
OS X 10.4, dubbed "Tiger," with the machines.

www.informationweek.com

Movie Information Via Podcasts

MovieTickets.com has deployed technology that allows consumers to
download free MP3 audio versions of movie synopses, and receive alerts
when new summaries are available. The MovieTickets.com podcasting
feature was launched today.

Through the podcasting feature, moviegoers can either listen to
podcasts while visiting MovieTickets.com, or save the files and listen
to them at a later date. Users can also subscribe to the
MovieTickets.com podcast and automatically download files to podcast
software as they become available. The new podcast functionality
underscores MovieTickets.com's commitment to delivering consumers with
the latest technology and conveniences available for movie information
and ticketing services.

"MovieTickets.com integrated the new podcasting feature into our site
so moviegoers have another fun, engaging way to access movie
information prior to making ticketing decisions," said Joel Cohen,
vice president, business development, MovieTickets.com. "Podcasting
has quickly become prominent among Internet users, so we feel the new
option will benefit consumers as we continue to adopt and deploy new
features that make MovieTickets.com simple and convenient to use."

www.d-silence.com

City health warns v. birds' importation

"We are still bird flu free," assured City Health Office chief Dr. Rodel Agbulos in an interview Wednesday. However, he warned the public of importing pet birds from the neighboring countries of Indonesia and Malaysia, where cases of Avian Influenza were recently recorded. Indonesia was the latest country in Southeast Asia hit by the deadly bird flu, losing six lives.

The Avian Flu, if failed to place under control as soon as possible, could result in a pandemic disease, according to the World Health Organization. It said that up to 150 million people would be killed if the flu would spread through human-to-human contact in a short period of time.

The bird flu hit Spain in the early 1900s during the 1st World War, killing millions of its populace. Scientists are still searching for ways to fight the deadly virus. As per WHO records, more than 60 people died mostly from Asian countries as a result of the bird flu this year. City residents have expressed apprehension about the presence of migratory birds in their locality.

The birds, said to be swallows and traversing mostly along the Asia-Pacific region, are constantly sighted in high establishments, and clinging on electric cable lines along the major streets of the city's commercial center.

They usually flock to the city in a multitude number during the current period of this year as the Yuletide season nears. Migratory birds are said to be deadly carriers of the bird flu virus. The Avian Flu, according to published reports, has invaded Europe, as health authorities in Greece and Bulgaria confirmed positive cases in their countries recently.

The United States also expressed serious concern over Avian Flu as President George W. Bush urged US health authorities to conduct immediate study in a bid to find the right dose for its cure.

www.sunstar.com.ph

McDonald's net hurt by labor, beef costs

McDonald's Corp. on Thursday reported a 6 percent drop in third-quarter earnings, in line with a better-than-expected outlook it gave last week, but the company's shares fell 2 percent as higher labor and beef costs pressured profit margins.

Improvement in major European markets like Germany and France helped boost sales at the world's largest restaurant company, but investors were disappointed by margins at company-owned restaurants. The company operates more than 30,000 restaurants worldwide; about 18,000 are franchised.

"Quality was not as high as we would have hoped," Prudential analyst Larry Miller said in a note to clients. "Company operated margins were lower than we were expecting."
McDonald's chief financial officer responded to the margin concerns on a conference call with analysts.

"There are several areas of the world where margins and returns are well below historical highs and below our targets," the CFO, Matt Paull, said. "Our entire management team is focused on improving these results."

Last week, McDonald's said sales of its new Premium Chicken sandwiches, a strong breakfast business and later hours had helped to drive sales in the United States, its flagship market, during the quarter.

In Europe, McDonald's No. 2 market, progress has been slow, in part due to economic weakness in Germany. However, in recent months demand for products like the premium Big Tasty hamburger in Germany and the lower-priced Les Petit Plaisir chicken sandwich in France have boosted sales in those countries.

www.today.reuters.com

Not what but who

Errors at the management level at Mercury Interactive Corporation (Nasdaq: MERQ) are apparently the main reason for the profit warnings the company has published for both the second and third quarters this year, and for the US Securities and Exchange Commission (SEC) investigation into the company over incorrect reporting of options.

In addition, there is the continuing delay in submission of the company's 10Q report (full financials) and the offer to pay bondholders $42 million so that they won't empty Mercury's coffers of most of its cash.

This is not the first time that Mercury has stuttered over its results. In the third quarter last year, the company missed the lower end of its guidance by about $1 million. This was a minor hiccup that met with a very forgiving response from investors.

The profit warning that Mercury published for the second quarter this year was also treated tolerantly, particularly because, in the end, Mercury met its original guidance. Only with the second profit warning, for the third quarter, did investors start to lose patience. They sent the share tumbling about 16%.

A glance at Mercury reveals that there is no problem with its technology or with sales of its systems. The lowered guidance indicates that Mercury will post 29% growth for the third quarter in comparison with the third quarter last year. That's a very fine achievement for a company of this size. Few companies of comparable size can boast such growth rates. There is also no disputing that Mercury's technology is the market leader, especially in software inspection and application performance management.

Despite all that, Mercury is stuck in a cloying mire the like of which has not been seen for years. In a situation like this, when the company has leading technology and continues to grow, it seems that the series of mishaps that started in the third quarter of 2004, gathered momentum towards the end of the second quarter of this year, continued in the third quarter, and still shows no sign of ending, can only be ascribed to wrong management decisions.

All these failures start at the top, with company chairman and CEO Amnon Landan, who only two years ago announced his intention of positioning Mercury among the five largest software companies in the world. You will never hear a declaration of that sort from an American manager.

Landan is directly responsible for what happens at the company, but it doesn't take a higher business degree to work out that at some stage several senior managers are liable to lose their jobs. The first candidate to go may well be CFO Douglas Smith.

What made Smith come out with such optimistic guidance for the third quarter, after he had already been forced to change his mind and lower the company's guidance towards the end of the second quarter, is very unclear. True, Mercury did manage to reach the lower end of the original guidance in the second quarter, but in a situation uncertainty over the closure of deals, more caution would have been appropriate.

Smith, though, is not the only one responsible for the excessive optimism that suddenly gripped the company. The entire senior management, with Landan at its head, should have realized that, after president of EMEA operations Moshe Egert had left, and his replacement had not yet got things completely under control (that at least is how it appears on the surface), and with the company not managing to close all its deals in Europe, the guidance for the third quarter (and perhaps for the fourth quarter too) should have been made more conservative.

This is the kind of step taken by prudent management that sees what's around the corner. It may well be that the warning for the second quarter was due to a few deals that were deferred to the third quarter, which is the usual reason for profit warnings. Nonetheless, Mercury's top management should have understood that, following the loss of several senior managers, the company was in organizational turmoil.

It would therefore have been appropriate to be doubly cautious about the third quarter. Such caution would have saved investors the very uncomfortable feeling that accompanied the second profit warning. It is possible that the third quarter warning was also due to the deferment of a few deals, this time to the fourth quarter. However, there is no guarantee that these deals will indeed close in the fourth quarter. It is very much to be hoped that there will not be a third warning this year.

Another manager who had an attack of dubious optimism was chief marketing officer Christopher Lochhead, who came out with the statement, "This year, plus or minus, the company will do more than $900 million in sales." The declaration forced Mercury to rush to tell the stock exchange: "Mercury does not believe that this statement is accurate." The problem is not just with the statement itself, but also with the feeling it gives investors that the company's chiefs are not entirely aware of what is going on.

The second management failure is over the incorrect reporting of options. This mistake could cost Mercury and its investors the delisting of the stock from the Nasdaq exchange, and foreclosure on the company's convertible bonds, which, as mentioned, would mean farewell to most of the company's cash. Meanwhile, Mercury has offered the bondholders $42 million in exchange for leaving the bonds in place.

One must hope that the bondholders will accept the offer, and that a solution will be found to the whole mess that will enable the stock to continue being traded on Nasdaq. However, a great deal of damage has already been done, and it may be presumed that whoever was responsible for the reporting will be forced to quit at some stage.

The question now is whether Amnon Landan will accept responsibility and resign. After all, the failure to meet guidance and the reporting problems are only the tip of the iceberg. A further problem, no less material, is the replacement of the Israeli management that founded Mercury with American management. As chairman and CEO of the company, Landan is the person behind this move.

Replacing managers who are considered the most talented in Israel's high-tech industry with managers brought in from outside now looks like a bad mistake. Landan thereby signaled to the company's workers and managers that their promotion path was almost blocked. Even if they contribute to Mercury all their talents, time, and energy, their chances of reaching the top are pretty small.

Two of the imported Americans do come from senior software industry positions and have important connections at the highest levels at Mercury's customers. There is no doubt that these two are necessary and important appointments. However, Mercury needed to find the right balance between imported management and managers who had risen through its ranks. Besides, there is also the problem that most of the new American managers are unfamiliar with Mercury's high-motivation start-up culture.

It should be stressed that this kind of move, in which a substantial number of senior management posts are manned by Americans, is very rare among Israeli based companies. Even at Amdocs (NYSE: DOX), where most of the people in the upper levels of middle management are American, the core of senior management is Israeli.

As I wrote more than a year ago, the initial warning signs were seen in March 2004, when Zohar Gilad, who was vice president for products and was among the company's highest level managers, was moved aside. Gilad was replaced by an Israeli (Yuval Scarlat), but it is not clear why it was necessary to replace him at all.

Gilad was among the shapers of the company's business direction and was held in high esteem as a manager by both workers and customers. His removal did not exactly contribute to worker morale. At the same time, Ori Danieli, who was vice president of research and development, left the company.

In January this year, the warning signs became stronger and turned into flashing red lights when Egert announced his resignation. Egert was a very dominant manager. The workers followed his lead, and he delivered the goods. It turns out to be no coincidence that only three months after his departure, Mercury is not managing to close all its planned deals in Europe.

www.globes.co.il

Thalia’s popular soup opera ‘Rosalinda’ released in DVD

Los Angeles.– Xenon Pictures Inc, the leading distributor of Spanish-language DVD content in the U.S., today released ‘Rosalinda’, one of Latin America’s most popular telenovelas (soap operas), starring Latin pop diva Thalia.

The double-disc Televisa Home Entertainment DVD —more than 7 hours in length—includes English subtitles, a photo gallery and other great bonus features. Rosalinda has a suggested retail price of $19.99 and will be available at major retail and online stores in the full-screen format.
Crossover singing star Thalia is Rosalinda, a decent, beautiful young woman who works in a flower shop to pay for her education while aspiring to become a great singer.

She finds love with pianist and composer Fernando Jose Altamirano (Fernando Carrillo—TV’s “Ponderosa”), and though they are soon wed, unforeseen circumstances force them apart. Maybe it’s because Rosalinda has discovered that her birth mother, long believed to be dead, is actually serving a prison sentence—for the murder of Francisco José’s father!
The all-star cast features Mexico’s eternal grande dames Angelica Maria ("La Antorcha Encendida"), and Lupita Ferrer ("Soledad").

Originally televised in 1999, Rosalinda was shot in beautiful, lush Veracruz, Mexico, and broadcast in a record 110 countries around the world, including the United States, Mexico, the Philippines, Israel, Colombia, China, France, Spain, Canada, Argentina, Puerto Rico, Romania and Greece, among others.

The telenovela’s premiere was the most anticipated television event of the year as it marked the return to acting by Mexico’s sweetheart, Thalia. Ironically, this was also the superstar’s last novela.

www.dominicantoday.com

New Sony Multimedia Notebook Brings Big Screen Entertainment to Portable Platformoctubre

Sony is taking entertainment lovers on the ultimate joyride. The new VAIO(R) AX Digital Studio(TM) PC is the pinnacle of mobile multimedia performance, combining the power of a desktop with the convenience of a notebook.

Featuring a stunning 17" WXGA+ widescreen (measured diagonally) display with Sony's original XBRITE(TM) LCD technology, the VAIO AX notebook delivers brilliant clarity and true-to-life color, for beautifully crisp playback of photos, home videos and DVDs. Users can also watch and record high-quality television with a removable TV tuner and Microsoft(R) Windows(R) XP Media Center Edition 2005. You can even create a digital library for personal viewing at your convenience, using the DVD+R Double Layer/DVD+/-RW drive with Sony's Click to DVD(TM) software.

The VAIO AX notebook includes a unique multi-function bay, so you can add exactly the components you want to use. The simple swapping of powerful peripherals -- a TV-tuner Bay Unit, a DVD+R Double Layer/DVD+/-RW Bay Unit, an optional CD-RW/DVD-ROM Bay Unit, an optional 80GB HDD Bay Unit, and an optional HDD Adapter Bay Unit -- allows you to switch from TV entertainment system to high-capacity storage device in a matter of seconds. The optional docking station with an additional multi-function bay provides even more options.

"Sony knows that entertainment and computing mean different things to different people," said Mike Abary, vice president of VAIO product marketing for Sony Electronics in the U.S. "The AX notebook provides users the swappable components to create their own dream machines and we provide the fixed hardware and design to back them up no matter what they choose to do."
Security and Creativity The VAIO AX notebook also sports an integrated 0.3 mega-pixel camera so you can take advantage of available video chat applications. Keeping in touch has never been easier or more fun. No more memorizing multiple passwords thanks to the built-in fingerprint sensor.

With the swipe of a single digit, you can store your secret passwords to the secure web sites you visit, so authentication and access are virtually painless.

The model also comes with a full suite of Sony multimedia applications, including SonicStage(TM) Mastering Studio software for managing music in a variety of formats and DVgate Plus(TM) software for capturing and editing both standard definition and high-definition (1080i) video. To make data sharing and transfer a breeze, the notebook also comes standard with a multitude of connector interfaces, including an i.LINK(R) (IEEE 1394) and two USB 2.0 ports as well as Memory Stick(R) and Secure Digital media slots.

Sony VAIO AX notebooks will be available next month starting at about $2,000. They can be purchased at national retailers, online at SonyStyle.com or at SonyStyle(R) stores (visit www.sonystyle.com/retail www.sony.com/ax for locations) in select fashion malls around the country. Pre-orders begin online today at .

http://www.techweb.com/

Auto Workers Union Wants Health Deal OK (AP)

The United Auto Workers said Tuesday it is asking a federal court to approve its tentative agreement with General Motors Corp. that would cut health care benefits for 750,000 workers, their families and retirees. GM and the UAW announced the outline of the agreement Monday.

If UAW members ratify the agreement, GM expects to save $3 billion (euro2.5 billion) annually before taxes on health care expenses. The agreement also would cut GM's liability for retiree health care expenses by $15 billion (euro12.6 billion), or 25 percent.

The union must get a court's approval so it can't be sued if retirees' benefits are cut. GM has long maintained it has the legal right to unilaterally cut retirees' benefits without the UAW's approval. The UAW disagrees with that view, but is asking the Detroit court to bind its retirees together so there are no doubts the settlement applies to all of them, GM spokesman Stefan Weinmann said.

GM said it supports the court filing and is working with the UAW to expedite approval of the agreement.

Copyright 2005 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Jazz Therapy: The Denny Zeitlin Trio

Dubbed by Leonard Feather as "the most versatile young pianist to come to prominence in the early 1960's,” Denny Zeitlin is known today as “the jazz world's most visible Renaissance man” (LA Times). In addition to his part-time career as a jazz performer, composer, and improviser, Zeitlin is a practicing psychiatrist in the San Francisco Bay area. And if one considers music therapeutic, then jazz patrons are in for a significant boost to their mental health when Zeitlin takes the stage with the sublime Buster Williams on bass and high flying Matt Wilson on drums.

Born in Chicago in 1938, Zeitlin’s parents both combined medicine and music. He began playing piano as a toddler, studied classical music initially and discovered jazz in high school as a natural extension of his interests in composition and improvisation. Soon he was playing professionally in the Chicago area, where he had opportunities to sit in with Joe Farrell, Wes Montgomery, and Ira Sullivan.

He formally studied music in college, graduating from the University of Illinois in 1960 and then earning his M.D. from Johns Hopkins in 1964. After several highly acclaimed recordings for Concord, Zeitlin focused his musical efforts on fusing jazz, electronics, classical, and rock through the 1970s, leading to a number of recordings and the symphonic score for “The Invasion of the Body Snatchers” in 1978.

Refocusing on acoustic music, Zeitlin turned again to solo piano work and other projects, including composing for Sesame Street; appearing on network TV (the Tonight Show and CBS Sunday Morning); touring throughout the world at colleges, clubs, and major festivals; and performing with such jazz luminaries as Joe Henderson, Herbie Hancock, Pat Metheny, Tony Williams, Marian McPartland, Charlie Haden, the Kronos Quartet, and Paul Winter.

Meanwhile, Zeitlin also established a private psychiatric practice in San Francisco and Marin County, and teaches at the University of California. Merging his background in music and psychiatry, Zeitlin has developed a lecture-demonstration, "Unlocking the Creative Impulse: The Psychology of Improvisation,” which has been well received in the U.S. and Europe.

Wrote Jules Epstein, “[his] technical skills are abetted by his psychiatrist's understanding of spontaneity as a key to analysis—like the technique of ‘free association,’ Zeitlin approaches melody as a line to be coveted, addressed and focused on, but also as a point of departure. His particular skill is in departing without losing sight of the original thought.” High Fidelity noted, “he can rip the keyboard apart or coax the most delicate nuances from it with a virtuoso's assurance. And it is done not as showmanship, but as a means to a distinctly creative end.”

On his current tour, Zeitlin teams up with Buster Williams and Matt Wilson, with whom he just released his latest trio recording, Slickrock (Maxjazz). Buster Williams needs no introduction to Twin Cities’ jazz fans, having appeared at the Dakota a number of times, most recently in April with his stellar quartet, “Something More.” One of the busiest bassists working today, Williams is admired for what the Penguin Guide describes as his “impeccable harmony” and “rhythmic sense that is unfailing, feeling, and utterly original.” His sets in April were (as always) marked by his elegant and melodic lines, his ability to dazzle without calling attention to the effort.

One of the most in-demand, creative drummers of his generation, Matt Wilson at 39 has a wide range of musical tastes and experiences. He was first attracted to the drums after watching Buddy Rich on “I Love Lucy.” Following his childhood in rural Illinois and college days in Wichita, Wilson landed in Boston, playing with the Either/Orchestra, Charlie Kohlhase, and John Medeski. Moving to New York, he formed his own quartet and joined forces with such talents as Dewey Redman, Janis Siegal, Cecil McBee, Leni Stern, Fred Hersch, Michael Brecker, Ravi Coltrane, Lee Konitz, and Joanne Brackeen, and has appeared on dozens of recordings as leader and sideman.

In his review of Slickrock, Don Williamson notes, “Beyond the exquisite piano playing…it becomes apparent that Williams and Wilson are entirely engaged in the music. Williams’ bass lines are solid with buoyancy that sustains the motion. Wilson spontaneously captures the textures of Zeitlin’s music and heightens them through the sensitive extension of tones with lightly shimmering cymbal work or driving malleting…In other words, the trio plays as a cohesive unit as Zeitlin’s virtuosity spurs Williams and Wilson to a state of intense focus.”

http://www.jazzpolice.com/

NBA defends new dress code for playersBRIAN MAHONEYAssociated Press

David Stern wanted to come up with a dress code that wouldn't restrict his players. So he picked one that wouldn't bother his owners, either.
"What we came up with is a dress code that even Mark Cuban could comply with - if he wanted to," Stern said Tuesday.

The NBA commissioner spoke after addressing the Executive Forum on Sports and Social Responsibility, where he announced the league's "NBA Cares" initiative, which he guaranteed will raise and donate $100 million to charity over the next five years.
But instead of getting questions about how the players were going to clean up the communities, he got more about how he planned to clean up the players.

On Monday, the NBA announced in a memo to teams that a dress code will go into effect at the start of the season. Saying players must dress in "business casual" attire, the league banned items such as sleeveless shirts, shorts, sunglasses while indoors, and headphones during team or league business.
It also requires players on the bench who are not in uniform to wear sports jackets, shoes and socks.

And while Stern knows some players will be critical of the policy, he said there was no reason to be, as even jeans are still allowed.
"As it's properly understood, it will be embraced," he said. "The union's fine with it. It's quite liberal and easygoing."
Stern pointed out that when the topic was brought up during collective bargaining, the teams "preferred that we do it as a group."

Even so, many NBA players are more comfortable dressing like the fans they cater to. And Cuban, the maverick owner of the Dallas Mavericks, often dresses in T-shirts and jerseys.
"We don't really sell to big business," Phoenix guard Raja Bell said. "We sell to kids and people who are into the NBA hip-hop world. They may be marketing to the wrong people with this."
But, as Stern pointed out, the reputation of the league's players had fallen to a point that was "not as good as our players are." That's why he believes - and insists - the players will readily go along with his policy.

"We have a minimum standard that we've set that reflects on the professionals in our sport and you're going to do it," he said. "We're certain that it will be complied with."

www.mercurynews.com

Sports Figures Hit Big Business in October Magazines

Golfing sensation Michelle Wie and ESPN President George Bodenheimer grace the covers of two magazines on newsstands in October — and neither of them is Sports Illustrated. Fortune and BusinessWeek decided to examine the business of sports this month with profiles of the 16-year-old phenom and the cable network boss.

In the October 17 issue of Fortune magazine, writer Katrina Brooker profiles a sports star who is “on the verge: of womanhood, of a pro career (against the guys), and of a marketing whirlwind that will change her life,” in the cover story, “(Michelle) Wie Will Rock You.”

As an amateur, Michelle was the youngest player ever to qualify for the Women's Amateur Public Links Championship — at the age of 10. She won the tournament at age 13. This year, she was the first female ever to qualify for the Men's U.S. Amateur Public Links Championship, which earned her the chance to play in the Masters — a feat no woman has yet achieved. Michelle was eliminated in the quarterfinals, “but for several breathtaking days of golf, she fought for a spot at Augusta.”

Michelle turned 16 this month and launched her professional career. She is “the kind of athlete who promises to transcend her sport,” Brooker writes. “People who don't care about golf or even sports will know her name, in the way they know Joe Montana or Michael Jordan or Tiger Woods.”

She can drive more than 300 yards — better than most of the women and half of the men on the professional tour. “Her aim isn't just to be the greatest female golfer; it's to be the greatest golfer, period. … Her drive to take on the boys has become the biggest story in sports. … Everywhere she plays, people want to watch.”

So does the business world. In fact, the way she drives up ratings for the networks that broadcast the events she plays in, advertisers are sitting up and taking notice. Michelle has landed a $5-million-a-year deal with Nike, with a smaller deal with Sony in the works. She’s also hired an image consultant and the legendary William Morris Agency. But before she can earn even bigger bucks, she’s got to sink those putts. Although she has come close many times, Michelle has won only one tournament.

BusinessWeek magazine features a sports figure already at the top of his game. In the October 17 issue, writer Tom Lowry profiles ESPN boss George Bodenheimer — “perhaps the single most influential person in all things sports.”

“As president of the ESPN Networks and ABC Sports, George W. Bodenheimer runs one of the most successful and envied franchises in entertainment, the jewel of Walt Disney Co., and among the most powerful brands of the last quarter-century,” Lowry writes. “While his round-the-clock networks are all about being brash and in-your-face, Bodenheimer is the rare media mogul who is adamant about staying behind the scenes.”

The strategy has worked out well for ESPN, which has thrived under Bodenheimer’s seven-year tenure. Its units, scattered in Connecticut, New York, and Los Angeles, are given a great deal of entrepreneurial freedom. Under Bodenheimer, the company has branched out beyond the traditional TV, print and Internet outlets into broadband, on-demand video, wireless, high-definition and books. There are the X Games and ESPN Zone restaurants. Video games are on the way. Even an ESPN-branded cell phone is in the works.

But rivals are circling. Comcast, the No. 1 U.S. cable operator, is looking to build a competing cable sports network. Teams and leagues are beginning to launch their own channels. Rupert Murdoch’s News Corp., with 15 regional sports channels, is rumbling about a national sports channel.

www.businessjournalism.org

FTC Stops False Claims about Fountain of Youth Oral Sprays

The Federal Trade Commission has won a temporary restraining order against marketers of oral sprays that supposedly contain human growth hormone (HGH) to stop them from making alleged false and deceptive claims and from sending illegal spam. The FTC charged that the sprays, marketed on dozens of Web sites and through spam, do not cause weight loss, reverse the aging process, or prevent or treat diseases as advertised.

The FTC alleged in a complaint that the sprays do not contain HGH or cause the body to produce it.

The complaint also charged that the defendants made false and deceptive product claims, misrepresented the security of their online ordering pages, and sent hundreds of thousands of illegal spam messages advertising the sprays.
The defendants are Pacific Herbal Sciences, Inc. and its president, John A. Brackett, Jr., and Natural Health Product, Inc. and New Star Marketing Group, Inc. and their president, Lei Lu, also known as Lei Li, also doing business as IE Marketing, Inc.
The temporary restraining order also freezes the defendants’ assets.
According to the FTC complaint, the advertisements for “HGH Revolution” and “Natural Rejuvenator HGH-R” made incredible claims such as:

“LOSE WEIGHT WHILE YOU SLEEP without DIETING or EXERCISE”
“Experience up to an 82% IMPROVEMENT in body fat loss while erasing 10 YEARS in 10 WEEKS!”
The marketing pitches for the sprays referred to clinical studies and prestigious publications to give credibility to their claims.
In its complaint, the FTC alleged the defendants made false claims about their products, lacked substantiation for those claims, and falsely stated that scientific studies validate their claims.

Specifically, the defendants’ ads made false or misleading claims that the sprays:
contained HGH or increased the body’s production of HGH; caused users to lose weight, without dieting or exercise; would turn back or slow the aging process, including increasing strength and energy, restoring the size of “bodily organs that shrink with age,” and improving memory; and would prevent, treat, or cure diseases and medical conditions, such as strengthening the immune system, lowering blood pressure, lowering cholesterol, increasing bone density, improving vision, quickening healing from injuries, acting as an antidepressant, and stabilizing mood swings.

The defendants also claimed their Web site ordering pages were secure, saying, “NOTE: To ensure your personal privacy, all of the information that you submit to us after this point will be secured using SSL encryption technology.” The FTC charged that the Web sites were not, in fact, encrypted, and consumer information transmitted was not secure.

The FTC alleged that the defendants drove traffic to their Web sites through spam, sent by marketers they paid. Consumers forwarded more than 200,000 of these e-mails to the FTC in 18 months. The FTC’s complaint contends that much of the defendants’ email violated the CAN-SPAM Act by using falsified headers and deceptive subject headings; leaving out an Internet-based mechanism to opt-out of receiving future e-mails; and omitting required information, including the sender’s physical postal address, identification of the e-mail as an advertisement or solicitation, and an opportunity to decline receiving further e-mails from the sender.
The FTC is seeking a permanent ban on the defendants’ false and misleading claims and illegal spam, as well as money back for consumers.

The Commission vote authorizing the staff to file the complaint was 4-0. The complaint was filed under seal in the U.S. District Court for the Central District of California on October 6, with an ex parte temporary restraining order and asset freeze granted on the same day.
NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law. The case will be decided by the court.

Copies of the complaint are available from the FTC’s Web site at http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint in English or Spanish (bilingual counselors are available to take complaints), or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint form at http://www.ftc.gov. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

www.seniorjournal.com

Plan slams state with $12 billion higher tax bill, opponents say

A tax panel's recommendation to scrap state and local tax deductions would wallop New Yorkers with an extra $12 billion tax bill and drive high earners out of state, officials said Tuesday. President Bush's advisory tax panel offering of a drastically simplified income tax system _ one that would no longer allow taxpayers to deduct what they pay in state and local taxes _ was quickly denounced by Sen. Charles Schumer, D-N.Y.

"It is a dagger to the heart of the people on New York," said Schumer, who sits on the Senate Finance Committee and vowed to beat back the "pernicious proposal." Nationally, taxpayers would pay roughly the same amount of tax under the proposed system, and much of the paperwork would be eliminated. But those changes would vary from state to state. New York, which has a relatively high state and local tax burden, could end up paying some $12 billion more a year, Schumer said. Robert Ward of the New York state Business Council said many of New York's big earners would move away if such a change did become law.

"It will drive successful New Yorkers away to lower-cost states, and that would be a bad thing for all New Yorkers," said Ward. "The rest of the country is tired of subsidizing New York's high taxes, and it's only a matter of time until something changes on that," he added. Panel member and former Internal Revenue Service commissioner Charles Rossotti said the proposal makes the tax process simpler for everyone.

"I don't think it's a small move in this direction, I think it's a huge move," said Rossotti. The White House made no commitment to stick to the panel's recommendation when forwarding its tax-simplification proposal to Congress, a move Bush spokesman Scott McClellan said is not expected before next year. "We're going to take into account all the work that they have done and the recommendations that they are making," McClellan said. "We share a common goal of reforming our tax code to make it simpler and fairer." The President's Advisory Panel on Federal Tax Reform is charged with making multiple recommendations for different tax methods that make income taxes a fairer, simpler and more economically productive system. Its final report is due Nov. 1.

The panel would shrink the number of income tax rates from six to four and put 75 percent of individuals and families in the bottom 15 percent tax bracket. The proposal abolishes the alternative minimum tax. The levy is designed to prevent the wealthy from evading taxes, but it is increasingly creeping into the middle class. Individuals would not pay tax on roughly three-quarters of the capital gains on corporate stock. Myriad personal and family tax breaks would be replaced with one family credit. Income tests designed to keep most current tax breaks within the middle class would be eliminated, letting wealthier individuals and families benefit.

Benefits and savings accounts for retirement, health and education would be eliminated in favor of three savings accounts, all funded with taxed income that would be allowed to grow and be withdrawn tax free. One account would let workers save for retirement through their employers. Taxpayers also could put $10,000 every year into each of two accounts, one for retirement and the other for health, education and home-buying expenses. Low-income taxpayers could get a savers credit worth up to $500.

www.newsday.com

Stouffer gets a new job

Debra Stouffer, a well-known figure in the private and government technology worlds, has joined Digital Management, an information technology services company that provides secure transactions for government.

Stouffer was named to lead the company’s business development efforts after a two-year stint at BAE Systems as vice president of business development and marketing.

Prior to joining the private sector, Stouffer held IT positions at a number of government agencies. They included chief technology officer at the Environmental Protection Agency, deputy chief information officer at the Department of Housing and Urban Development and program manager of the Office of Management and Budget's federal enterprise architecture.

“The government continues to leverage technology to advance business transformation and demonstrate real mission results,” said Doug Keach, Digital Management’s executive vice president of corporate development.

Since the 2001 terrorist attacks, “there has been a sense of urgency to improve the government's ability to share information,” he said. “Much of the foundation is built, but the challenge is accelerating progress to obtain real mission oriented results. Stouffer will help steer Digital Management's government services in this area.”

www.fcw.com

Patent dispute threatens prepaid wireless service

A patent dispute over prepaid cellular telephones threatens to disrupt service to millions of prepaid wireless customers at several U.S. carriers, including Cingular Wireless.

A federal judge in Boston granted an injunction on Monday against Boston Communications Group Inc., (BCGI.O: Quote, Profile, Research) which sells customer management services for prepaid wireless telephones to a number of companies, including Cingular and Alltel Communications Inc. (AT.N: Quote, Profile, Research).

The court had previously ruled that Boston Communications had infringed on two patents held by Freedom Wireless Inc., and has awarded Freedom Wireless $128 million in damages. Last week, the court added $19.7 million to the award for interest on lost royalties, and said it would explore further damages.

Under the injunction, wireless companies that use the BCGI prepaid wireless services must stop selling them. The companies have 90 days to continue serving current customers, during which they must pay royalties to Freedom Wireless.

BCGI said that the injunction could affect service to 3.1 million prepaid customers, including 400,000 at Cingular, representing 70 percent of its total revenue. It has asked the judge to stay the injunction while it files immediate appeals.

Cingular Wireless spokesman Mark Siegel said the injunction does not apply to the "vast majority" of Cingular's prepaid wireless customers, who use a different type of network technology. He said Cingular would also seek a stay of the injunction while it appealed the case.
"We intend to continue to provide service to all prepaid customers, including those on the BCG platform," Siegel said. He declined to say what steps Cingular might take if the injunction is not lifted.

A spokeswoman for BCGI could not immediately say who the other affected carriers were. The company has sold services in the past to a variety of carriers, including Alltel Corp. (AT.N: Quote, Profile, Research) and Nextel, now a part of Sprint Nextel Corp. (S.N: Quote, Profile, Research).

Cingular Wireless and AT&T Wireless, which Cingular bought last year, were co-defendants in the suit against BCGI. Verizon Wireless was also a co-defendant but reached a settlement with Freedom Wireless before the trial began earlier this year.
Cingular is a joint venture of SBC Communications Inc. (SBC.N: Quote, Profile, Research) and BellSouth Corp. (BLS.N: Quote, Profile, Research)

www.today.reuters.com

EU urges global fight against bird flu

LUXEMBOURG - EU foreign ministers urged global cooperation on Tuesday
to tackle the threat of avian flu, as Greece investigated what could
prove the first appearance of the deadly strain in an EU member
country.

Swiss drugmaker Roche, under international pressure to raise output of
antiviral flu drug Tamiflu, said it might allow rival firms and
governments to produce it under licence for emergency pandemic use. A
Dutch company said it was working on a vaccine.

Foreign Secretary Jack Straw, chairing an emergency meeting of
European Union foreign ministers in Luxembourg, said discovery of the
deadly H5N1 strain of bird flu in Turkey and Romania was no cause for
panic.

"So far there is no evidence of any transfer of the virus to human
beings. Let us hope that remains the situation," Straw told a news
conference after the meeting.

"But members of the public are bound to be concerned and their
concerns can be allayed if they are shown that every effort is being
made by the European Union and by member states effectively to
coordinate action."

Scientists fear if the H5N1 virus, which has killed more than 60
people in Asia since it first appeared there in 1997, passes from
birds to humans on a large scale it could mutate into a variety that
could spread easily between humans. In a virulent form, they say, this
could kill millions worldwide.

EU health commissioner Markos Kyprianou, coordinating the 25-nation
bloc's response to avian flu, said Brussels did not yet know whether
the virus detected in a bird on the Aegean island of Chios was the
deadly strain. Tests were proceeding.

Greece took precautionary measures, banning exports of living poultry,
meat and other poultry products from the island to EU member states
and third countries.

CHIEF THREAT IN ASIA

The foreign ministers said in a statement the EU could not act
effectively on its own in tackling a threat that could move so quickly
across countries and continents.

"The Council (of ministers) recognised that avian and pandemic
influenza are global threats and called for an international
coordinated response," the statement said.

The global nature of the threat was born out in moves in the
pharmaceutical industry towards covering a shortfall in anti-viral
agents that could help combat the virus.

Roche Holding AG said it would be willing to discuss giving a
production licence for Tamiflu to rival firms including Indian generic
drug maker Cipla. Executive David Reddy said however the firm had not
yet been approached by Cipla, which has said it could make a copy-cat
version to help governments build stocks.

Dutch company Akzo Bobel NV said it was working on a human vaccine and
would begin clinical trials next year.

But scientists say development is difficult before the exact
architecture of a mutated virus is known.

Kyprianou said after briefing EU foreign ministers more than a half of
EU states had placed orders for anti-viral flu drugs.

The World Health Organisation has expressed fears that alarm in Europe
could distract attention from what is the real seat of the danger in
southeast Asia. More than 60 people have died of the disease in Asia
where, by contrast to Europe, people often live close to poultry and
are exposed to a greater threat.

Romania said it had detected new cases of suspected bird flu in the
Danube delta, one of them close to the border with Ukraine. Tests were
being carried out to see whether it was the H5 virus, of which H5N1 is
a deadly sub-strain.

Turkish authorities are examining the remains of some 500 quails found
in a field in the west of the country, the state-run Anatolian news
agency said.

Greece, however, was the focus of attention on Tuesday.

People on the Greek island where the suspect bird was discovered found
themselves the centre of media attention. The farmer who alerted
authorities after seeing turkeys fall ill said he feared for his
island.

"Yes I am concerned, but not just for me but for all the people here,"
Dimitris Komninaris told reporters. "But everyone on the island is
keeping calm."

Besides the human danger, countries visited by bird flu in its various
forms can face grave economic losses. The milder H5N7 strain struck
the Netherlands in 2003, prompting slaughter of 30 million birds and
losses estimated at 500 million euros.

www.today.reuters.co.uk

New owners say tourist train idea viable

The idea of a passenger train between Rapid City and Deadwood remains
alive despite legal and financial problems that have plagued the
proposal for more than a decade, according to the president of a
company that plans to operate the service.

Black Hills Transportation recently acquired the assets of Dunrail
Inc., which had ties to actor Kevin Costner's abandoned Dunbar Resort
proposal. Costner, however, remains a major investor.

The company would operate the passenger train on behalf of the
Northern Hills Railroad Authority, which was created in 1994. The idea
of a passenger train was first proposed in 1992.

Ralph Justen, president of Black Hills Transportation, said plans for
a tourist train have not faded away.

He envisions a $22.5 million project that could offer a tourist train
and passenger service between several cities in the Black Hills.
According to the proposal, riders would be able to board a 1950s
streamliner in Rapid City, Piedmont, Sturgis or Whitewood and travel
Deadwood.

In addition, vintage steam- and diesel-powered trains will carry
tourists between Sturgis, Whitewood and Deadwood, he said.

"This thing has potential to be a real economic juggernaut for the
region," said Justen.

As many as nine round trips a day are planned, and Justen said as many
as 400,000 riders a year could be riding the train line, called the
Deadwood, Black Hills and Western Railroad.

To make the train service work, however, the company needs to lay new
track between Deadwood and Whitewood, a route that Chicago & North
Western Railway Co. operated until the early 1960s. And landowners
along the proposed route are already speaking out.

Charles Brown of rural Whitewood owns the property near a 600-foot
tunnel along the proposed route. He said he waited 11 years for
railroad developers or the railroad authority to make a serious
financial offer to acquire right of way. Finally, he filed suit
against the Northern Hills Rail Authority to force the issue, he said.

"This is a land grab," Brown told reporters after the meeting.

Justen said he and other company officials would meet soon with
landowners to resolve some of the disputes.

Discussion at the meeting also centered on Black Hills
Transportation's long-term plans for running trains on existing track
owned by Dakota, Minnesota & Eastern Railroad.

Justen said he has been talking to DM&E about running train-bus tour
packages to destinations such as Hot Springs, Wall and Belle Fourche.

To pay for it, Justen said state and federal funds could be tapped as
well as municipal bonds and private investment from Costner and
others.

www.jacksonholestartrib.com

Beta-Blockers Called Poor Choice for Hypertension

Beta-blockers are no better at preventing heart attacks in patients with hypertension than other agents, and are less effective at preventing strokes, investigators here reported.
A meta-analysis of 13 randomized controlled trials involving nearly 106,000 patients, published online today in The Lancet by Swedish investigators, found that the relative risk of stroke was 16% higher for beta-blockers compared with other drugs.

"In comparison with other antihypertensive drugs, the effect of beta-blockers is less than optimum, with a raised risk of stroke," wrote Lars Hjalmar Lindholm, M.D., and colleagues at Umea University Hospital and University Hospital in Goteborg, "Hence, we believe that beta-blockers should not remain first choice in the treatment of primary hypertension and should not be used as reference drugs in future randomized controlled trials of hypertension."

The findings confirmed results of the massive Anglo-Scandinavian Cardiac Outcomes Trial-Blood Pressure Lowering Arm (ASCOT-BPLA), which showed that the combination of Norvasc (amlodipine) and Aceon (perindopril) reduced major cardiovascular events by 16% (P<0.001), stroke by 23% (P=0.003), cardiovascular mortality by 24%, and total mortality by 11% (P=0.025) compared with the regimen of the beta-blocker atenolol with or without the diuretic bendroflumethiazide.

ASCOT-BPLA was halted prematurely in December 2004 when the data and safety monitoring board determined that there was a higher event rate in the atenolol arm.

In the current study, Dr. Lindholm and colleagues conducted a meta-analysis of 13 randomized trials comparing treatment of primary hypertension with beta-blockers versus other antihypertensives. The trials involved a total of 105,951 patients. An additional seven studies comparing beta-blockers with placebo or no treatment were also included in the analysis.

The authors determined that the relative risk of stroke was 16% higher for beta-blockers (95% confidence interval, 4%-30%) than for other drugs, and there were no differences for myocardial infarction.

In addition, when the effect of beta-blockers was compared with that of placebo or no treatment, the relative risk of stroke was only about half that seen in previous hypertension trials. It was 19% for all beta-blockers (7% to 29%) in the analysis, versus 45% (15% to 65%) in the STOP Hypertension trial, for example, or 38% in a meta-analysis of beta-blocker trials published by Collins et al in Lancet in 1990, the authors reported.

Beta-blockers also had no effect on myocardial infarction or death compared with placebo or no treatment, they noted.

"More than a quarter of the world's adult population, totaling nearly one billion people, have hypertension, and far too many… are still treated with beta-blockers (mainly for hypertension) even though better and affordable drugs are available," Dr. Lindholm and colleagues wrote.

Because various antihypertensive agents in use today, including thiazide diuretics, ACE inhibitors, calcium antagonists, angiotensin-receptor blockers, and beta-blockers appear to be equally effective at lowering brachial blood pressure, the least expensive alternative may be appropriate for treatment of patients with primary hypertension, they wrote.

In an accompanying editorial, D. Gareth Beevers, M.D., professor of medicine at the University of Birmingham in England, cautioned that abrupt withdrawal of beta-blockers could be harmful to some patients.

"It will be interesting to see how the many guidelines committees respond to the latest information," he wrote. "Their current endorsement of beta-blockers must surely be changed. But in the process they may be in danger of 'throwing out the baby with the bath water.

" Some patients genuinely do need beta-blockers as their first line therapy, and there are also distinct theoretical hazards from their rapid discontinuation, particularly in patients who might be judged to be 'coronary prone.'"

Patients should be gradually weaned off of beta-blockers while other antihypertensive agents are substituted, he wrote.


www.medpagetoday.com

Is 'Wi-Fi on steroids' really the next big thing?

Computer users in many urban and university areas have come to expect connectivity 24/7. There's a cable modem or DSL at home, a high-speed connection in the office and Wi-Fi for the places in between, from the commute to the coffeehouse.

But many long-frustrated suburban and rural dwellers have no choice but to listen to the sound of a dial-up modem handshake, with accompanying slow connections and downloads. Their homes or businesses are in areas that are too costly for telephone and cable companies to wire.
WiMAX, a wireless broadband technology sometimes known as "Wi-Fi on steroids," could provide relief soon, some experts say, although others see many years ahead before the long-touted technology gains widespread use.

"WiMAX is an interesting kind of compromise between cellular and Wi-Fi coverage," said Scott Shamp, director of the University of Georgia's New Media Institute.

"It gives you high data speeds like Wi-Fi but covers a much bigger geographic area like cellular coverage," said Shamp, who helped create one of the earliest Wi-Fi hot spots, covering parts of the University of Georgia campus and the city of Athens, Georgia.

WiMAX, shorthand for World Interoperability for Microwave Access, is a standard for the technology that can deliver wireless broadband services. Its aim is to combine the speed and security of a broadband connection but with the lower cost and convenience of having no wired infrastructure that's needed for cable modems or DSL connections.

WiMAX technology may make a huge difference in less developed areas of the world -- providing a cheaper alternative to costly and bulky infrastructure for hard-to-reach places.
"Certainly in markets like Indonesia, India, Africa and some parts of Latin America, where wired infrastructure is poor, WiMAX provides a huge opportunity. There already is demand," said Charles Golvin, principal analyst with Forrester Research Inc.

Europe has jumped into the world of wireless broadband with HiperMAN, while South Korea has developed WiBro. Both are designed to be compatible with WiMAX technology.

Standardization is critical so that the many products and applications being developed for WiMAX will work together. The first type of WiMAX system -- for fixed applications such as connecting from a business or home -- was approved last year by the IEEE, the Institute of Electrical and Electronics Engineers. The IEEE soon is expected to approve the next version of the standard, for mobile services.

A WiMAX system -- which can be fixed for homes and businesses or mobile for devices -- has two parts: a tower similar to a cell phone tower and a receiver. The receiver could be in the form of a small box, about the size of a modem, or, as is already being developed, a card that can be built into a laptop the same way a Wi-Fi card is in most computers today.
The consumer possibilities of devices using WiMAX could bring a gleam to any gadget guru's eye: streaming video, even high-definition television on cell phones, or in cars; multiplayer gaming on a handheld device; and of course, other information and entertainment yet to be invented.

The WiMAX timetable
Golvin said that while WiMAX will have a big global impact on consumers, vendors and telecom operators by making high-speed wireless more available, it won't happen until 2010 or later in places that have long had access to broadband connections.

"In developed economies, where cable and DSL infrastructure is reliable, where there are lots of subscribers and it is widely deployed, WiMAX does not have a great advantage," Golvin said.
But some WiMAX developers see other business possibilities occurring sooner, such as setting up wireless broadband for entire communities.

Intel is one of the companies pushing WiMAX technology and has invested heavily in its development.

"What if you want to wire an entire city? Even in a mountainous terrain like Mexico City, you could put up a tower that could reach 50 to 70 miles," said Eliot Weinman, conference chair of WiMAX World Conference & Expo.

Connectivity that covers a whole metropolitan area could help cities woo both residents and businesses, with the promise of being "always connected."

Weinman said there are already nearly 400 companies backing the WiMAX technology, for everything from improved communication for police, fire and other rescue vehicles to improved entertainment and information for mobile devices.

Computer chip maker Intel is playing a big part in pushing WiMAX as the next thing in connectivity, just as it did in driving the Wi-Fi standard. Intel's Centrino laptop processors are expected to be WiMAX-enabled in the next two years.

Amid this activity, that cutting-edge group of tech enthusiasts known as "early adopters" has begun to see portable devices as more than just mobile phones -- in reality small computers.
"More people are getting used to getting their news, sports, weather, music and video on that device, and with that will be more demand for faster networks," Golvin said.


www.edition.cnn.com

Hurricanes and Term Life Insurance - Tips for Being Prepared

Filing a term life insurance claim can be one of the most difficult things a person has to do – Proper preparation before and after a catastrophe can save you and your loved ones a lot of stress.

(PRWEB) October 6, 2005 -- Survivors of major hurricanes and other catastrophic events like 9/11 know that the process of putting your life back together after a life-changing catastrophe is a long and complicated process. But according to life insurance experts, the process of filing a life insurance claim after the death of a loved one can be eased by simply being prepared.

We spoke with Guy Cardinale, CEO and spokesman of Complete Life Quote, Inc., an online life insurance company representing some of the best companies in the life insurance industry (www.completelifequote.com). He had this to say when asked how to ease the life insurance claim process:

"First of all, proper preparedness begins when you purchase your policy. A common mistake that is often made at the beginning of the process is not buying an adequate amount of insurance. Not providing the proper amount of support to dependents is common, so it's imperative to carefully consider the total amount of financial support your family will need (after burial expenses are paid) at the time you purchase your life insurance policy. Chances are that you won't go back and adjust the policy after you purchase it, even though your standard of living may increase substantially throughout the years."

In addition to making sure you have an adequate amount of coverage, it's a good idea to ensure that your policy is "titled" correctly and that the named beneficiaries are accurate and up-to-date with current address information. Verify that the dates of birth and social security numbers on file with the insurance company are correct, as errors can cause the benefits to pass through probate and delay the transfer of funds to your loved ones.

Additionally, the following preparation tips can help make the claim process less stressful:


- Keep your life insurance policy in a safe place, such as a safe deposit box or fire-proof safe. If your home is destroyed in a fire, hurricane, flood, or other disaster, your policy will be intact and easily accessible.

- Let your loved ones know where to locate the policy, and make sure they have access to it. If you keep it in a safe or safe deposit box, make sure they know how to get it out.

- If you have a Living Trust or Will, include a copy of your life insurance policy with it, or provide a copy to your family attorney.

- Make sure that your family has the name and phone number of your life insurance company or insurance agent. It will save them a lot of time if they cannot locate the policy.

- If the policy can not be located after the insured's death, don't panic. If you know the name of the insurance company, most can verify the policy as long as the claimant(s) can provide them with information on the policy holder.

- Obtain multiple copies of the death certificate as soon as possible. In extraordinary circumstances like Hurricane Katrina, if you are unable to obtain a death certificate, some companies will accept, in lieu of an official death certificate, an affidavit from a funeral home director or surviving family member, hospital records, and in some cases, a statement from a physician.

- Pay your life insurance premiums. The law requires a 30-day grace period in every life insurance policy sold, allowing the insured to pay the policy premium any time during the 30 days following the due date of the premium without incurring a policy lapse. If you let your premium lapse for over 30 days, your coverage may lapse and you may be required to provide proof of good health before reinstating the policy. If you lose a loved one, it's a good idea to call the insurance company right away to make sure all premiums have been paid.

According to Mark Simmons of Trust Term Life Insurance www.trusttermlifeinsurance.com, "These simple steps can help ensure that life insurance proceeds will reach their intended beneficiaries. By following them, those who have lost loved ones can slowly begin the process of putting their lives back together."

Unfortunately, the tips above are worthless to the millions of Americans with no insurance to protect their loved ones. This is often the case in low-income regions, and seems to be the scenario for the majority of Hurricane Katrina's victims. Two major life insurance companies with high exposure in the regions affected by Katrina recently reported that they have only received a handful of life insurance claims in Katrina's wake, yet according to a recent report by CNN, the death toll from this hurricane currently stands at 1034.

Preparing for the unexpected can lessen the stress of a tragedy, and if you are one of the millions of Americans without life insurance, several on-line resources are available to help. Sites like www.completelifequote.com, www.trusttermlifeinsurance.com, and countless others contain information on the different types of life insurance available. They offer fast quotes, easy to complete applications, and most have toll-free phone numbers for personal assistance and answering applicants' questions.

Wireless technology changing work and play

Geoffrey Bowker, executive director of a research institute at Santa Clara University, remembers a time when going to academic conferences meant leaving office concerns behind, hearing provocative lectures and getting to experience a new city. He especially liked visiting art galleries.

Now, wherever Bowker goes, his office goes with him. E-mails, phone calls and office documents float into his hands, demanding his attention at all hours of the day. Through a cell phone and his laptop computer, Bowker is as connected to his office at conferences as when he is there in person. It's made him more productive, but he's not entirely satisfied.

"A huge difference for many is that we find it much more difficult to maintain barriers between work and play," said Bowker, executive director of Santa Clara University's Center for Science, Technology and Society, which studies technology's impact on culture.

The eroding distinction between work and play is one of the many paradoxes at the heart of our increasingly wireless world.
"This is always the case with new technology. Often the effects are paradoxical," Bowker said. "The overall upside is that we can maintain a rich social and cultural life while dashing from pillar to post. The overall downside is that our spiritual development -- which requires empty time, contemplation -- is suffering enormously."

Wireless use skyrockets
Ten years ago, the level of connectedness of today's world was just a prophecy. Cell phones were big and clunky and owned by few people. BlackBerries were a kind of fruit, not all-purpose remote office devices. And Bluetooth was what kids got after eating blueberry Slurpees, not the latest and greatest standard for short-range wireless technology.

Today, the use of wireless devices is widespread in the United States, and growing.
About 71 percent of America's 108 million households own at least one cell phone, according to Forrester Research Inc. More than 25 million households now own laptop computers, according to Forrester. And 5.3 million households have wireless Internet access.
"That doesn't sound like a big number, but it is up from zero a couple of years ago. That is rapid growth," said Charles Golvin, a principal analyst at Forrester.

More and more everyday devices -- including game consoles, music players, cameras and even cars -- are being designed with wireless connectivity in mind. (Gadgets on the horizon)
"The future of devices that don't have some kind of connectivity built into them is pretty bleak. It's going to be the case that almost anything you can think of is going to connect to other things, most often wirelessly," Golvin said.

As various kinds of wireless devices become more common, the flow of content will increase as well. Movies will be downloaded in a flash and transported to any one of a number of viewers. Music will flow to cell phones. Music videos and news clips will be downloadable anywhere, anytime. These developments create new challenges for the creators and owners of this content.
"What are they going to do from a rights perspective?" Golvin asks. "Are they going to be more and more restrictive? Or are they going to embrace new business models, new ways to use content that is going to allow this stuff to flow?"

Stretching etiquette
The prevalence of wireless gadgets and networks is changing how people interact with one another. Social plans are made later in the day; conversations happen more frequently but with more brevity, and expectations evolve.

As wireless speeds increase, activities such as watching video on you phone will, too.
"Think of the early years of the answering machine on the telephone," said James Hughes, executive director of the Institute for Ethics and Emerging Technologies and a professor at Trinity College in Hartford, Connecticut. "You'd call someone, and at first you'd be annoyed that they'd have that annoying box answer the phone. Now, if a phone rings and rings and doesn't go to a message system, you think it is impolite."

Because this technology is designed to follow people wherever they go, it is difficult to come up with one-size-fits-all rules for wireless communication. What is OK at home may not be OK in the office. What is OK on the street may not be OK in church. (Where are your wireless manners?)

"To me the technology is ahead of our culture. The common thing we hear about these days is etiquette. Should we be allowed to talk on airplanes is a current question? The behavioral aspects haven't transformed along with the technology," said Dave Mock, author of "The Qualcomm Equation."

Challenging security
Beyond etiquette and the need for personal space, security issues also loom large in a wireless world. From proprietary financial data to personal photographs, more and more information than ever before is floating through the air, accessible to thieves and vandals.
"It does make people more vulnerable. The wires aren't there to be seen. ... Wireless networks are much less secure," said Sarah Hicks, a vice president at Symantec Corp., a digital security company.

Hicks advises consumers to create passwords for all their devices and networks, install software that can protect against outside attacks and viruses, and open e-mails only from known sources. (Protecting your network)

She said some wireless devices can be particularly dangerous because they constantly scan the area in search of available wireless networks. She recommends changing the settings so they don't mistakenly come across a harmful network.

"Wireless networks are great," Hicks said. "They enable a lot of freedom, but they also come with risks. Consumers need to protect themselves."


www.edition.cnn.com

Japan aide calls for business as usual with Korea

TOKYO.- A day after a visit to the controversial Yasukuni Shrine by Japan's prime minister, Junichiro Koizumi, his foreign minister tried to assuage Seoul's anger over the visit. Nobutaka Machimura told the JoongAng Daily and other Korean reporters yesterday that he hoped scheduled visits to Tokyo by President Roh Moo-hyun in December and Foreign Minister Ban Ki-moon in November would not be canceled.

"Exchanges between the two governments should not be stopped because of one issue," the minister said. "When there are problems it's important to have in-depth discussions." The Blue House said yesterday it might cancel Mr. Roh's trip to Tokyo and that plans for a meeting of the two leaders in Busan next month at the APEC summit were also on hold.Mr.

Koizumi's fifth visit to the shrine, where executed World War II war criminals are among those honored, triggered still another outburst of anger from Seoul and Beijing and complaints from some southeast Asian nations. Relations between Korea and its former colonial master have never been better than an uneasy peace despite the huge volume of trade and investment between the neighbors.

Other irritants include a territorial dispute over islets in the East Sea (Sea of Japan) and Japanese textbooks that seem to Koreans to glorify its imperial past and play down atrocities committed against Koreans.

Mr. Machimura said that efforts to restart talks with North Korea on the establishment of diplomatic relations are making no progress because of a demand by Pyongyang that he refused to discuss. Other reports from here yesterday said a dispute over the location of the next round of talks had stalled them, but that both had now agreed to meet in Beijing at the end of this month.


www.joongangdaily.joins.com