Microsoft’s Surface tablet has “modest” start: Ballmer
















PARIS (Reuters) – Microsoft Corp‘s new Surface tablet – its challenger to Apple‘s iPad – had a “modest” start to sales because of limited availability, Microsoft Chief Executive Steve Ballmer told French daily Le Parisien.


The world’s largest software company put the Surface tablet center stage at its Windows 8 launch event last month in its fightback against Apple and Google in the exploding mobile computing market.













“We’ve had a modest start because Surface is only available on our online retail sites and a few Microsoft stores in the United States,” Ballmer was quoted as saying.


Meanwhile, 4 million upgrades to Windows 8 were sold in the three days following the system’s launch, Ballmer added. (Reporting by Lionel Laurent; Editing by David Cowell)


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Elmo puppeteer accused of underage relationship

NEW YORK (AP) — The puppeteer who performs as Elmo on "Sesame Street" is taking a leave of absence from the popular kids' show following allegations that he had a relationship with a 16-year-old boy.

Sesame Workshop says puppeteer Kevin Clash denies the charges, which were first made in June by the alleged partner, who by then was 23.

In a statement issued Monday, Sesame Workshop said its investigation found the allegation of underage conduct to be unsubstantiated. But it said Clash exercised "poor judgment" and was disciplined for violating company policy regarding Internet usage. It offered no details.

At his request, Clash has been granted a leave of absence in order to "protect his reputation," Sesame Workshop says. No duration for the leave was specified. Clash has voiced and animated Elmo since the 1980s.

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British medical journal slams Roche on Tamiflu

LONDON (AP) — A leading British medical journal is asking the drug maker Roche to release all its data on Tamiflu, claiming there is no evidence the drug can actually stop the flu.

The drug has been stockpiled by dozens of governments worldwide in case of a global flu outbreak and was widely used during the 2009 swine flu pandemic.

On Monday, one of the researchers linked to the BMJ journal called for European governments to sue Roche.

"I suggest we boycott Roche's products until they publish missing Tamiflu data," wrote Peter Gotzsche, leader of the Nordic Cochrane Centre in Copenhagen. He said governments should take legal action against Roche to get the money back that was "needlessly" spent on stockpiling Tamiflu.

Last year, Tamiflu was included in a list of "essential medicines" by the World Health Organization, a list that often prompts governments or donor agencies to buy the drug.

Tamiflu is used to treat both seasonal flu and new flu viruses like bird flu or swine flu. WHO spokesman Gregory Hartl said the agency had enough proof to warrant its use for unusual influenza viruses, like bird flu.

"We do have substantive evidence it can stop or hinder progression to severe disease like pneumonia," he said.

In the U.S., the Centers for Disease Control and Prevention recommends Tamiflu as one of two medications for treating regular flu. The other is GlaxoSmithKline's Relenza. The CDC says such antivirals can shorten the duration of symptoms and reduce the risk of complications and hospitalization.

In 2009, the BMJ and researchers at the Nordic Cochrane Centre asked Roche to make all its Tamiflu data available. At the time, Cochrane Centre scientists were commissioned by Britain to evaluate flu drugs. They found no proof that Tamiflu reduced the number of complications in people with influenza.

"Despite a public promise to release (internal company reports) for each (Tamiflu) trial...Roche has stonewalled," BMJ editor Fiona Godlee wrote in an editorial last month.

In a statement, Roche said it had complied with all legal requirements on publishing data and provided Gotzsche and his colleagues with 3,200 pages of information to answer their questions.

"Roche has made full clinical study data ... available to national health authorities according to their various requirements, so they can conduct their own analyses," the company said.

Roche says it doesn't usually release patient-level data available due to legal or confidentiality constraints. It said it did not provide the requested data to the scientists because they refused to sign a confidentiality agreement.

Roche is also being investigated by the European Medicines Agency for not properly reporting side effects, including possible deaths, for 19 drugs including Tamiflu that were used in about 80,000 patients in the U.S.

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Online:

www.bmj.com.tamiflu/

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Petraeus' aide wondered about Broadwell's behavior, qualifications


Retired Gen. David Petraeus, who resigned as CIA director last week after admitting an extramarital relationship, could possibly face military prosecution for adultery if officials turn up any evidence to counter his apparent claims that the affair began after he left the military.


The affair between Petraeus and his biographer, Paula Broadwell, both of whom are married, began several months after his retirement from the Army in August 2011 and ended four months ago, retired U.S. Army Col. Steve Boylan, a former Petraeus spokesman, told ABC News.


Broadwell, 40, had extraordinary access to the 60-year-old general during six trips she took to Afghanistan as his official biographer, a plum assignment for a novice writer.


"For him to allow the very first biography to be written about him, to be written by someone who had never written a book before, seemed very odd to me," former Petraeus aide Peter Mansoor told ABC News.


The timeline of the relationship, according to Patraeus, would mean that he was carrying on the affair for the majority of his tenure at the CIA, where he began as director Sept. 6, 2011. If he carried on the affair while serving in the Army, however, Patraeus could face charges, according to Article 134 of the Uniform Code of Military Justice, which reprimands conduct "of a nature to bring discredit upon the armed forces."


Whether the military would pursue such action, whatever evidence it accumulates, is unclear.


As the details of the investigation launched by the FBI unraveled this weekend, it became clear that the woman at the heart of the inquiry that led to Petraeus' downfall had been identified as Jill Kelley, a Florida woman who volunteers to help the military. She is a family friend of Petraeus, who Broadwell apparently felt threatened by.


Kelley and her husband are longtime supporters of the military, and six months ago she was named "Honorary Ambassador to Central Command" for her volunteer work with the military. Officials say Kelley is not romantically linked to Petraeus, but befriended the general and his wife when he was stationed in Florida. The Kelleys spent Christmases in group settings with the Petraeuses and visited them in Washington D.C., where Kelley's sister and her son live.


"We and our family have been friends with Gen. Petraeus and his family for over five years." Kelley said in a statement Sunday. "We respect his and his family's privacy and want the same for us and our three children."


Earlier this year, around the time that Petraeus and Broadwell were breaking off their affair, Kelly began receiving anonymous emails, which she found so threatening she went to authorities. The FBI traced the messages to Broadwell's computer, where they found other salacious and explicit emails between Broadwell and Petraeus that made it clear to officials that the two were carrying on an affair.


Investigators uncovered no compromising of classified information or criminal activity, sources familiar with the probe said, adding that all that was found was a lot of "human drama."




Broadwell, a married mother of two, had access to Petraeus while she was with him in Afghanistan as his official biographer. People close to the general had previously suspected Broadwell's feelings for him had crossed a professional line.


They found Broadwell, who spent a year embedded with Petraeus in Afghanistan, to be embarrassing and far too "gushy" about him. They said to one another they thought Broadwell "was in love with him," sources told ABC News.


Petraeus is said to have been the one to have broken off the extramarital affair.


His storied career, first as the public face of two wars in Iraq and Afghanistan, and later as director of the CIA, came crashing down Friday when he announced his resignation from the intelligence agency, citing the indiscretion.


"After being married for over 37 years, I showed extremely poor judgment by engaging in an extramarital affair. Such behavior is unacceptable, both as a husband and as the leader of an organization such as ours," Petraeus said in a statement Friday.


Director of National Intelligence James Clapper was made aware of the Petraeus situation Tuesday evening around 5 p.m. by the FBI, according to a senior intelligence source.


After having several conversations with Petraeus that evening and the next day, Clapper advised Petraeus that the best thing to do would be for him to resign, the source said.


Clapper notified the White House the next afternoon that Petraeus was considering resigning, according to the source. Petraeus then went to the White House Thursday and told the president he thought he should resign, and Obama accepted his resignation the next day, the source said.


Despite the lengthy investigation into Broadwell by the FBI, the White House says it was not made aware of it until Wednesday, the day after the election, a revelation that surprised many.


"It just doesn't add up. That the FBI would be carrying on this type of investigation without, again, bringing it to the president or the highest levels of the White House," Rep. Peter King, R-N.Y., said.


Petraeus and his wife, Holly, who have been married for 38 years, are said to be staying in their Arlington Home and are doing "OK."


"Knowing the family, I suspect it will be hard work, but given the effort, they will get through it," Boylan, the former Petraeus spokesman, said.


Numerous questions still remain about the investigation, and some on Capitol Hill are also frustrated because Petraeus was schedule to testify to the House and Senate intelligence committees about the attack on the U.S. consulate in Benghazi, Libya, in September.


The timing of Petraeus' resignation "was what it was," an official told ABC News, adding that the time had come to tie up any loose ends in the investigation and confront the general.

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Man in Afghan uniform kills foreign service member

KABUL, Afghanistan (AP) — NATO says a gunman wearing an Afghan army uniform has shot and killed a service member fighting with U.S.-led coalition forces in Afghanistan.

It's the latest in a rising number of insider attacks that are fracturing the trust between NATO and Afghan forces.

U.S. Army Maj. Martyn Crighton says the service member was killed Sunday. His identity and nationality were not disclosed.

Mohammad Zarak, spokesman for the governor of Helmand province, says the shooting took place in Nad Ali district after an argument between an Afghan soldier and coalition forces.

At least 45 separate insider attacks, where members of the Afghan security forces or insurgents dressed in their uniforms turn their guns on U.S. and allied troops, have killed more than 60 NATO service members so far this year.

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IBM surprised by Avantor lawsuit, calls claims exaggerated
















(Reuters) – IBM, which is being sued by chemicals manufacturer Avantor Performance Materials for fraud and breach of contract in connection with a software project, said the accusations were blown out of proportion and that it was surprised by the move.


“We believe the allegations in the complaint are exaggerated and misguided and are surprised that Avantor chose to file suit,” the company said late on Friday in an emailed statement.













IBM said it had “met its contractual obligations and delivered a solution that Avantor continued to use in its operations.”


Avantor, which produces chemicals and raw materials for pharmaceutical products, laboratory chemicals and chemicals used in the electronics industry, filed a lawsuit on Thursday in the U.S. District Court for the District of New Jersey.


It said it was seeking tens of million in damages from IBM, which according to the lawsuit, had misrepresented the capabilities of a software program that runs on a platform by SAP, resulting “in a near standstill” of Avantor’s business.


(Reporting By Nicola Leske; Editing by Vicki Allen)


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War photography exhibit debuts in Houston museum

HOUSTON (AP) — It was a moment Nina Berman did not expect to capture when she entered an Illinois wedding studio in 2006. She knew Tyler Ziegel had been horribly injured, his face mutilated beyond recognition by a suicide bombing in the Iraq War. She knew he was marrying his pretty high school sweetheart, perfect in a white, voluminous dress.

It was their expressions that were surprising.

"People don't think this war has any impact on Americans? Well here it is," Berman says of the image of a somber bride staring blankly, unsmiling at the camera, her war-ravaged groom alongside her, his head down.

"This was even more shocking because we're used to this kind of over-the-top joy that feels a little put on, and then you see this picture where they look like survivors of something really serious," Berman added.

The photograph that won a first place prize in the World Press Photos Award contest will stand out from other battlefield images in an exhibit "WAR/PHOTOGRAPHY: Images of Armed Conflict and Its Aftermath" that debuts Sunday — Veterans Day — in the Houston Museum of Fine Arts. From there, the exhibit will travel to The Annenberg Space for Photography in Los Angeles, the Corcoran Gallery of Art in Washington and The Brooklyn Museum in Brooklyn, N.Y.

The exhibit was painstakingly built by co-curators Anne Wilkes Tucker and Will Michels after the museum purchased a print of the famous picture of the raising of the flag at Iwo Jima, taken Feb. 23, 1945, by Associated Press photographer Joe Rosenthal. The curators decided the museum didn't have enough conflict photos, Tucker said, and in 2004, the pair began traveling around the country and the world in search of pictures.

Over nearly eight years and after viewing more than 1 million pictures, Tucker and Michels created an exhibit that includes 480 objects, including photo albums, original magazines and old cameras, by 280 photographers from 26 countries.

Some are well-known — such as the Rosenthal's picture and another AP photograph, of a naked girl running from a napalm attack during the Vietnam War taken in 1972 by Huynh Cong "Nick" Ut. Others, such as the Incinerated Iraqi, of a man's burned body seen through the shattered windshield of his car, will be new to most viewers.

"The point of all the photographs is that when a conflict occurs, it lingers," Tucker said.

The pictures hang on stark gray walls, and some are in small rooms with warning signs at the entrance designed to allow visitors to decide whether they want to view images that can be brutal in their honesty.

"It's something that we did to that man. Americans did it, we did it intentionally and it's a haunting picture," Michels said of the image of the burned Iraqi that hangs inside one of the rooms.

In some images, such as Don McCullin's picture of a U.S. Marine throwing a grenade at a North Vietnamese soldier in Hue, it is clear the photographer was in danger when immortalizing the moment. Looking at his image, McCullin recalled deciding to travel to Hue instead of Khe Sahn, as he had initially planned.

"It was the best decision I ever made," he said, smiling slightly as he looked at the picture, explaining that he took a risk by standing behind the Marine.

"This hand took a bullet, shattered it. It looked like a cauliflower," he said, pointing to the still-upraised hand that threw the grenade. "So the people he was trying to kill were trying to kill him."

McCullin, who worked at that time for The Sunday Times in London, has covered conflicts all over the world, from Lebanon and Israel to Biafra. Now 77, McCullin says he wonders, still, whether the hundreds of photos he's taken have been worthwhile. At times, he said, he lost faith in what he was doing because when one war ends, another begins.

Yet he believes journalists and photographers must never stop telling about the "waste of man in war."

"After seeing so much of it, I'm tired of thinking, 'Why aren't the people who rule our lives ... getting it?' " McCullin said, adding that he'd like to drag them all into the exhibit for an hour.

Berman didn't see the conflicts unfold. Instead, she waited for the wounded to come home, seeking to tell a story about war's aftermath.

Her project on the wounded developed in 2003. The Iraq War was at its height, and there was still no database, she said, to find names of wounded warriors returning home. So she scoured local newspapers on the Internet.

In 2004 she published a book called "Purple Hearts" that includes photographs taken over nine months of 20 different people. All were photographed at home, not in hospitals where, she said, "there's this expectation that this will all work out fine."

The curators, meanwhile, chose to tell the story objectively — refusing through the images they chose or the exhibit they prepared to take a pro- or anti-war stance, a decision that has invited criticism and sparked debate.

And maybe, that is the point.

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Plushnick-Masti can be followed on Twitter at https://twitter.com/RamitMastiAP

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Food labels multiply, some confuse consumers

FRESNO, Calif. (AP) — Want to avoid pesticides and antibiotics in your produce, meat, and dairy foods? Prefer to pay more to make sure farm animals were treated humanely, farmworkers got their lunch breaks, bees or birds were protected by the farmer and that ranchers didn't kill predators?

Food labels claim to certify a wide array of sustainable practices. Hundreds of so-called eco-labels have cropped up in recent years, with more introduced every month — and consumers are willing to pay extra for products that feature them.

While eco-labels can play a vital role, experts say their rapid proliferation and lack of oversight or clear standards have confused both consumers and producers.

"Hundreds of eco labels exist on all kinds of products, and there is the potential for companies and producers to make false claims," said Shana Starobin, a food label expert at Duke University's Nicholas School of the Environment.

Eco-labels have multiplied in recent years in response to rising consumer demand for more information about products and increased attention to animal and farmworker welfare, personal health, and the effects of conventional farming on the environment.

"Credible labels can be very helpful in helping people get to what they want to get to and pay more for something they really care about," said Urvashi Rangan, director of consumer safety at Consumer Reports. "The labels are a way to bring the bottom up and force whole industries to improve their practices."

The problem, Rangan and other said, is that few standards, little oversight and a lot of misinformation exist for the growing array of labels.

Some labels, such as the USDA organic certification, have standards set by the federal government to which third party certifiers must adhere. Some involve non-government standards and third-party certification, and may include site visits from independent auditors who evaluate whether a given farm or company has earned the label.

But other labels have little or no standards, or are certified by unknown organizations or by self-interested industry groups. Many labels lack any oversight.

And the problem is global, because California's products get sold overseas and fruits and vegetables from Europe or Mexico with their own eco-labels make it onto U.S. plates.

The sheer number of labels and the lack of oversight create a credibility problem and risk rendering all labels meaningless and diluting demand for sustainably produced goods, Rangan said.

Daniel Mourad of Fresno, a young professional who likes to cook and often shops for groceries at Whole Foods, said he tends to be wary of judging products just by the labels — though sustainable practices are important to him.

"Labels have really confused the public. Some have good intentions, but I don't know if they're really helpful," Mourad said. "Organic may come from Chile, but what does it mean if it's coming from 6,000 miles away? Some local farmers may not be able to afford a label."

In California, voters this week rejected a ballot measure that would have required labels on foods containing genetically modified ingredients.

Farmers like Gena Nonini in Fresno County say labels distinguish them from the competition. Nonini's 100-acre Marian Farms, which grows grapes, almonds, citrus and vegetables, is certified biodynamic and organic, and her raisins are certified kosher.

"For me, the certification is one way of educating people," Nonini said. "It opens a venue to tell a story and to set yourself apart from other farmers out there."

But other farmers say they are reluctant to spend money on yet another certification process or to clutter their product with too much packaging and information.

"I think if we keep adding all these new labels, it tends to be a pile of confusion," said Tom Willey of TD Willey Farms in Madera, Calif. His 75-acre farm, which grows more than 40 different vegetable crops, carries USDA organic certification, but no other labels.

The proliferation of labels, Willey said, is a poor substitute for "people being intimate with the farmers who grow their food." Instead of seeking out more labels, he said, consumers should visit a farmers' market or a farm, and talk directly to the grower.

Since that's still impossible for many urbanites, Consumer Reports has developed a rating system, a database and a web site for evaluating environmental and food labels — one of several such guides that have popped up recently to help consumers.

The guides show that labels such as "natural" and "free range" carry little meaning, because they lack clear standards or a verification system.

Despite this, consumers are willing to pay more for "free range" eggs and poultry, and studies show they value "natural" over "organic," which is governed by lengthy federal regulations.

But some consumers and watchdog groups are becoming more vigilant.

In October, the Animal Legal Defense Fund filed a lawsuit against Petaluma, Calif., organic egg producer of Judy's Eggs over "free range" claims. The company's packaging depicts a hen ranging on green grass, and the inside reads "these hens are raised in wide open spaces in Sonoma Valley..."

Aerial photos of the farm suggest the chickens actually live in factory-style sheds, according to the lawsuit. Judy and Steve Mahrt, owners of Petaluma Farms, said in a statement that the suit is "frivolous, unfair and untrue," but they did not comment on the specific allegations.

Meanwhile, new labels are popping up rapidly. The Food Justice label, certified via third party audits, guarantees a farm's commitment to fair living wages and adequate living and working conditions for farmworkers. And Wildlife Friendly, another third-party audited program, certifies farmers and ranchers who peacefully co-exist with wolves, coyotes, foxes and other predators.

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Follow Gosia Wozniacka at http://twitter.com/GosiaWozniacka

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FBI and CIA face questions from Congress about Petraeus affair

WASHINGTON (AP) — The career of David Petraeus, the CIA director and a renowned military general, was derailed by allegedly vicious emails his paramour sent to another woman. Now the CIA, FBI and White House face questions from Congress about Petraeus' love life and how his emails came under investigation.

Petraeus quit his post Friday after acknowledging an extramarital relationship.

He had been scheduled to appear before congressional intelligence committees on Thursday to testify on what the CIA knew, and what it told the White House, before, during and after the attacks that killed the U.S. ambassador and three other Americans in Benghazi on Sept. 11. His former deputy, Michael Morell, will now have to answer lawmakers' questions about the Islamist militant attack on a U.S. Consulate and CIA base in Libya.

Morell, and FBI deputy director Sean Joyce, will also face tough questions the day before. Both are scheduled to meet with House intelligence committee chairman Mike Rogers, R-Mich., and ranking member Dutch Ruppersberger, D-Md., who want to know how the FBI investigation that led to Petraeus' downfall came about, according to a senior congressional staffer who spoke anonymously because he was not authorized to discuss the investigation publicly.

Members of the Senate intelligence committee have similar questions, added another congressional aide. Also at question is when the White House was first made aware of the investigation.

Petraeus' sudden departure made news before House and Senate intelligence committees were briefed, catching lawmakers who oversee the intelligence community off guard, officials said.

FBI officials have explained the committees weren't informed, one official says, because the matter started as a criminal investigation into harassing emails sent by Paula Broadwell, a 40-year-old graduate of the U.S. Military Academy and an Army Reserve officer, to another woman.

The identity of the other woman and her connection with Broadwell were not immediately known, but that probe led agents to Broadwell's email, which uncovered the relationship with Petraeus, a 60-year-old retired four-star general, according to an official who spoke to The Associated Press on Saturday.

Concerned that the emails he exchanged with Broadwell raised the possibility of a security breach, the FBI brought the matter up with Petraeus directly, according to the official, who spoke on condition of anonymity because he was not authorized to publicly discuss the investigation.

Petraeus decided to quit, though he was breaking no laws by having an affair, officials said.

"He decided he needed to come clean with the American people," said Steve Boylan, a retired army officer and former Petraeus spokesman who talked with him Saturday.

In a phone call, Petraeus lamented the damage he'd done to his "wonderful family" and the hurt he'd caused his wife, Boylan said. Petraeus has been married for 38 years to Holly Petraeus.

"He screwed up, he knows he screwed up, now he's got to try to get past this with his family and heal," said Boylan.

Broadwell interviewed the general and his close associates intensively for more than a year to produce the best-selling biography, "All In: The Education of General David Petraeus," which was written with Vernon Loeb, a Washington Post editor, and published in January.

The CIA did not comment on the identity of the woman with whom Petraeus was involved.

Broadwell is married with two young sons. She has not responded to multiple emails and phone messages. She'd planned to celebrate her 40th birthday in Washington this weekend, with many reporters invited. Her husband emailed guests to cancel the party.

CIA officers long had expressed concern about Broadwell's unprecedented access to the director. She frequently visited the spy agency's headquarters in Langley, Va., to meet Petraeus in his office, accompanied him on morning runs around the CIA grounds and often attended public functions as his guest, according to two former intelligence officials.

Petraeus' staff when he was overseeing the war in Afghanistan similarly had been concerned about the time she spent with their boss.

In the preface to her book, Broadwell said she first met Petraeus in the spring of 2006 while she was a graduate student at the Kennedy School of Government at Harvard.

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Associated Press writer Adam Goldman contributed to this report.

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US computer graphics scientist wins Kyoto Prize

TOKYO (AP) — An American regarded as a father of computer graphics, an Indian literary critic and a Japanese molecular cell biologist have received the Kyoto Prize, Japan's highest private award for global achievement.

The Inamori Foundation awarded its advanced technology prize on Saturday to U.S. computer scientist Ivan Sutherland, who developed the graphic interface program Sketchpad in 1963.

Gayatri Chakrovoty Spivak , an Indian literary critic and professor at Columbia University, won the arts and philosophy prize.

Yoshinori Ohsumi, a molecular biologist at the Tokyo Institute of Technology, received the basic sciences prize for his work on autophagy, a cell-recycling system that could be used to help treat neurodegenerative and age-related diseases such as Alzheimer's and cancer.

The Kyoto-based Inamori Foundation was set up in 1984 by Kyocera Corp.'s founder, Kazuo Inamori.

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